Bill Text: MN SF618 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Learn-to-read grant program; general education access grants; compensatory revenue repeal and appropriation
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2011-03-07 - Referred to Education [SF618 Detail]
Download: Minnesota-2011-SF618-Introduced.html
1.2relating to education; establishing the learn-to-read grant program; providing for
1.3general education access grants; repealing compensatory revenue; appropriating
1.4money; amending Minnesota Statutes 2010, sections 124D.68, subdivision
1.59; 124D.69, subdivision 1; 125A.11, subdivision 1; 125A.50, subdivision 1;
1.6125A.65, subdivision 3; 126C.10, subdivision 4; 127A.47, subdivision 7;
1.7128B.03, subdivision 3a; proposing coding for new law in Minnesota Statutes,
1.8chapter 124D; repealing Minnesota Statutes 2010, sections 126C.05, subdivision
1.93; 126C.10, subdivision 3; 126C.15, subdivisions 2, 3.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. [124D.655] LEARN-TO-READ GRANT PROGRAM.
1.12 Subdivision 1. Establishment. A grant program is established to assist school
1.13districts and charter schools in teaching all children how to read by the end of third grade.
1.14A school district or charter school must use grant proceeds to reach a goal of having 90
1.15percent of its students being able to read by the end of third grade.
1.16 Subd. 2. Proficiency. For the purposes of this section, proficiency means meeting
1.17or exceeding proficiency on the reading portion of the Minnesota Comprehensive
1.18Assessment (MCA) II.
1.19 Subd. 3. Commissioner. The commissioner shall award grants to school districts
1.20and charter schools to assist them in reaching the goal of having 90 percent of their third
1.21grade students proficient on the third grade Minnesota Comprehensive Assessment II. A
1.22district or charter school is eligible to receive a grant if less than 90 percent of its third
1.23grade students met or exceeded proficiency on Minnesota Comprehensive Assessment
1.24II in reading in the 2010-2011 school year and later. In order to participate in the
1.25grant program, a district or charter school must submit a proposal to the commissioner
1.26including, but not limited to, a proposed budget and annual proficiency goals for its third
2.1grade students over a three-year period, reaching the 90 percent goal by the end of the
2.2third year. The commissioner shall prescribe the form and manner of application for
2.3grants. The commissioner shall determine each grant amount based on the appropriation
2.4available for the grant program.
2.5 Subd. 4. Participating school districts and charter schools. Notwithstanding
2.6section 120B.021, a district or charter school receiving a grant award under this
2.7section is not required to provide instruction in the subject areas required for statewide
2.8accountability. The district or charter school is only required to teach reading for the
2.9duration of the grant. The full amount of the grant must be used for reading instruction
2.10in kindergarten through grade 3. A school district or charter school board can choose to
2.11provide instruction in other subject areas.
2.12 Subd. 5. Duration of grant. (a) The commissioner may award one-year grants to
2.13school districts or charter schools. The grant award may be renewed one year at a time for
2.14a maximum of three years. For purposes of this subdivision, "base percentage" means
2.15the percentage of students in a district or charter school who met or exceeded proficiency
2.16on the third grade Minnesota Comprehensive Assessment II in the year preceding the
2.17first grant year.
2.18(b) The commissioner shall renew a grant in the second year if, in the first year of
2.19the grant, the school district or charter school increased the number of third grade students
2.20meeting and exceeding proficiency by at least one-third of the difference between 90
2.21percent and the district's or charter school's base percentage.
2.22(c) The commissioner shall renew a grant in the third year if, in the second year of
2.23the grant, the school district or charter school increased the number of third grade students
2.24meeting and exceeding proficiency by at least two-thirds of the difference between 90
2.25percent and the district's or charter school's base percentage.
2.26(d) In a district's fourth consecutive year, if the third grade reading proficiency does
2.27not exceed 90 percent, then the amount of the grant that the district received in the third
2.28year must be distributed among the district's kindergarten through sixth grade students for
2.29use as general education access grants under section 124D.6551.
2.30(e) If, at any time in the renewal process, the district's third grade students attain 90
2.31percent proficiency, the district is no longer eligible for the grant.
2.32 Sec. 2. [124D.6551] GENERAL EDUCATION ACCESS GRANTS.
2.33 Subdivision 1. Enrollment; application. (a) For purposes of this section, a student
2.34may enroll in and be eligible to receive an access grant for the cost of attendance at a
3.1Minnesota elementary nonpublic school, other than a home school, that is providing
3.2instruction in compliance with section 120A.22, if:
3.3(1) the student did not test as proficient, as defined in section 124D.655, subdivision
3.42, in reading at the third grade level using the state administered exam;
3.5(2) the student was enrolled in a school district that received a learn-to-read grant in
3.6the previous fiscal year under section 124D.655;
3.7(3) the student is eligible for free or reduced-price lunch; and
3.8(4) the student's application for an access grant is approved by the commissioner.
3.9(b) Applications that are properly submitted in the form and manner prescribed
3.10by the commissioner shall be acted on by May 1 for the following school year. The
3.11commissioner shall notify an applicant in writing of the status of the application.
3.12Additional applications may be accepted and approved following May 1.
3.13 Subd. 2. Access grant payments. (a) On a regular basis, as determined by the
3.14commissioner, but at least quarterly, access grant payments shall be made to the parent or
3.15guardian of an approved student applicant in the form of a check that must be restrictively
3.16endorsed by the parent or guardian for the school providing the instruction. Access
3.17grant payments are considered financial assistance solely to the parent or guardian who
3.18is primarily responsible for ensuring that the child acquires knowledge and skills under
3.19section 120A.22.
3.20(b) The total amount of the access grant for a school year shall not exceed the
3.21tuition and fees charged at the school where the student is enrolled and attending, or the
3.22amount of the learn-to-read grant under section 124D.655 in that fiscal year divided by the
3.23number of eligible students under subdivision 1, paragraph (a), whichever is less. The
3.24commissioner shall only recognize tuition and fees that are equal to what comparable
3.25students are charged who do not receive access grants.
3.26(c) Prior to distribution of payments, the commissioner must require of the parent
3.27or guardian, and must receive in the form and manner prescribed by the commissioner,
3.28information necessary to validate the cost of attendance and enrollment status of the
3.29student. The commissioner shall prorate the access grant if the student is enrolled for
3.30only part of the school year.
3.31(d) The commissioner must withhold access grant payments while it is reasonably
3.32believed that false information concerning the cost of attendance and enrollment status
3.33of the student has been intentionally submitted by an involved party. The commissioner
3.34shall audit and verify submitted information according to program integrity guidelines
3.35adopted by the commissioner.
4.1 Subd. 3. Conference. The commissioner shall offer an informal conference to
4.2applicants and recipients adversely affected by an agency action to attempt to resolve
4.3the dispute.
4.4 Subd. 4. Duration. A student with an approved application must continue to receive
4.5the access grant until the student withdraws from the nonpublic school or the student
4.6completes sixth grade, whichever occurs first.
4.7EFFECTIVE DATE.This section is effective for revenue in fiscal year 2015 and
4.8later.
4.9 Sec. 3. Minnesota Statutes 2010, section 124D.68, subdivision 9, is amended to read:
4.10 Subd. 9. Enrollment verification. (a) For a pupil attending an eligible program
4.11full time under subdivision 3, paragraph (d), the department must pay 90 percent of
4.12the district's average general education revenue less basic skills revenue to the eligible
4.13program and ten percent of the district's average general education revenue less basic
4.14skills revenue to the contracting district within 30 days after the eligible program
4.15verifies enrollment using the form provided by the department. For a pupil attending an
4.16eligible program part time, revenue, excluding compensatory revenue, shall be reduced
4.17proportionately, according to the amount of time the pupil attends the program, and the
4.18payments to the eligible program and the contracting district shall be reduced accordingly.
4.19A pupil for whom payment is made according to this section may not be counted by any
4.20district for any purpose other than computation of general education revenue. If payment
4.21is made for a pupil under this subdivision, a district shall not reimburse a program
4.22under section124D.69 for the same pupil. The basic skills revenue generated by pupils
4.23attending the eligible program according to section126C.10, subdivision 4 , shall be paid
4.24to the eligible program.
4.25(b) The department must pay up to 100 percent of the revenue to the eligible program
4.26if there is an agreement to that effect between the school district and the eligible program.
4.27(c) Notwithstanding paragraphs (a) and (b), for an eligible program that provides
4.28chemical treatment services to students, the department must pay 100 percent of the
4.29revenue to the eligible program.
4.30 Sec. 4. Minnesota Statutes 2010, section 124D.69, subdivision 1, is amended to read:
4.31 Subdivision 1. Aid. If a pupil enrolls in an alternative program, eligible under
4.32section124D.68, subdivision 3 , paragraph (d), or subdivision 4, operated by a private
4.33organization that has contracted with a school district to provide educational services for
4.34eligible pupils under section124D.68, subdivision 2 , the district contracting with the
5.1private organization must reimburse the provider an amount equal to the sum of (1) at
5.2least 95 percent of the district's average general education less basic skills revenue per
5.3pupil unit times the number of pupil units for pupils attending the program, and (2) the
5.4amount of basic skills revenue generated by pupils attending the program according to
5.5section126C.10, subdivision 4 . For a pupil attending the program part time, the revenue
5.6paid to the program, excluding compensatory revenue, must be reduced proportionately,
5.7according to the amount of time the pupil attends the program, and revenue paid to the
5.8district shall be reduced accordingly. Pupils for whom a district provides reimbursement
5.9may not be counted by the district for any purpose other than computation of general
5.10education revenue. If payment is made to a district or program for a pupil under this
5.11section, the department must not make a payment for the same pupil under section
5.12124D.68, subdivision 9
. Notwithstanding sections
125A.15 ,
125A.51 , and
125A.515 ,
5.13general education revenue for a student who receives educational services under this
5.14section shall be paid according to this section.
5.15 Sec. 5. Minnesota Statutes 2010, section 125A.11, subdivision 1, is amended to read:
5.16 Subdivision 1. Nonresident tuition rate; other costs. (a) For fiscal year 2006,
5.17when a school district provides instruction and services outside the district of residence,
5.18board and lodging, and any tuition to be paid, shall be paid by the district of residence.
5.19The tuition rate to be charged for any child with a disability, excluding a pupil for whom
5.20tuition is calculated according to section127A.47, subdivision 7 , paragraph (d), must be
5.21the sum of (1) the actual cost of providing special instruction and services to the child
5.22including a proportionate amount for special transportation and unreimbursed building
5.23lease and debt service costs for facilities used primarily for special education, plus (2)
5.24the amount of general education revenue and referendum aid attributable to the pupil,
5.25minus (3) the amount of special education aid for children with a disability received
5.26on behalf of that child, minus (4) if the pupil receives special instruction and services
5.27outside the regular classroom for more than 60 percent of the school day, the amount of
5.28general education revenue and referendum aid, excluding portions attributable to district
5.29and school administration, district support services, operations and maintenance, capital
5.30expenditures, and pupil transportation, attributable to that pupil for the portion of time
5.31the pupil receives special instruction and services outside of the regular classroom. If
5.32the boards involved do not agree upon the tuition rate, either board may apply to the
5.33commissioner to fix the rate. Notwithstanding chapter 14, the commissioner must then set
5.34a date for a hearing or request a written statement from each board, giving each board
5.35at least ten days' notice, and after the hearing or review of the written statements the
6.1commissioner must make an order fixing the tuition rate, which is binding on both school
6.2districts. General education revenue and referendum equalization aid attributable to a
6.3pupil must be calculated using the resident district's average general education revenue
6.4and referendum equalization aid per adjusted pupil unit.
6.5 (b) For fiscal year 2007 and later, when a school district provides special instruction
6.6and services for a pupil with a disability as defined in section125A.02 outside the district
6.7of residence, excluding a pupil for whom an adjustment to special education aid is
6.8calculated according to section127A.47, subdivision 7 , paragraph (e), special education
6.9aid paid to the resident district must be reduced by an amount equal to (1) the actual
6.10cost of providing special instruction and services to the pupil, including a proportionate
6.11amount for special transportation and unreimbursed building lease and debt service costs
6.12for facilities used primarily for special education, plus (2) the amount of general education
6.13revenue and referendum equalization aid attributable to that pupil, calculated using the
6.14resident district's average general education revenue and referendum equalization aid
6.15per adjusted pupil unit excluding basic skills revenue, elementary sparsity revenue and
6.16secondary sparsity revenue, minus (3) the amount of special education aid for children
6.17with a disability received on behalf of that child, minus (4) if the pupil receives special
6.18instruction and services outside the regular classroom for more than 60 percent of the
6.19school day, the amount of general education revenue and referendum equalization aid,
6.20excluding portions attributable to district and school administration, district support
6.21services, operations and maintenance, capital expenditures, and pupil transportation,
6.22attributable to that pupil for the portion of time the pupil receives special instruction
6.23and services outside of the regular classroom, calculated using the resident district's
6.24average general education revenue and referendum equalization aid per adjusted pupil unit
6.25excluding basic skills revenue, elementary sparsity revenue and secondary sparsity revenue
6.26and the serving district's basic skills revenue, elementary sparsity revenue and secondary
6.27sparsity revenue per adjusted pupil unit. Notwithstanding clauses (1) and (4), for pupils
6.28served by a cooperative unit without a fiscal agent school district, the general education
6.29revenue and referendum equalization aid attributable to a pupil must be calculated using
6.30the resident district's average general education revenue and referendum equalization aid
6.31excludingcompensatory revenue, elementary sparsity revenue, and secondary sparsity
6.32revenue. Special education aid paid to the district or cooperative providing special
6.33instruction and services for the pupil must be increased by the amount of the reduction in
6.34the aid paid to the resident district. Amounts paid to cooperatives under this subdivision
6.35and section127A.47, subdivision 7 , shall be recognized and reported as revenues and
6.36expenditures on the resident school district's books of account under sections123B.75
7.1and
123B.76 . If the resident district's special education aid is insufficient to make the full
7.2adjustment, the remaining adjustment shall be made to other state aid due to the district.
7.3 (c) Notwithstanding paragraphs (a) and (b) and section127A.47, subdivision 7 ,
7.4paragraphs (d) and (e), a charter school where more than 30 percent of enrolled students
7.5receive special education and related services, a site approved under section125A.515 ,
7.6an intermediate district, a special education cooperative, or a school district that served
7.7as the applicant agency for a group of school districts for federal special education aids
7.8for fiscal year 2006 may apply to the commissioner for authority to charge the resident
7.9district an additional amount to recover any remaining unreimbursed costs of serving
7.10pupils with a disability. The application must include a description of the costs and the
7.11calculations used to determine the unreimbursed portion to be charged to the resident
7.12district. Amounts approved by the commissioner under this paragraph must be included
7.13in the tuition billings or aid adjustments under paragraph (a) or (b), or section127A.47,
7.14subdivision 7 , paragraph (d) or (e), as applicable.
7.15 (d) For purposes of this subdivision and section127A.47 , subdivision 7, paragraphs
7.16(d) and (e), "general education revenue and referendum equalization aid" means the sum
7.17of the general education revenue according to section126C.10 , subdivision 1, excluding
7.18alternative teacher compensation revenue, plus the referendum equalization aid according
7.19to section126C.17 , subdivision 7, as adjusted according to section
127A.47 , subdivision
7.207, paragraphs (a) to (c).
7.21 Sec. 6. Minnesota Statutes 2010, section 125A.50, subdivision 1, is amended to read:
7.22 Subdivision 1. Commissioner approval. The commissioner may approve
7.23applications from districts initiating or significantly changing a program to provide
7.24prevention services as an alternative to special educationand other compensatory
7.25programs. A district with an approved program may provide instruction and services in a
7.26regular education classroom, or an area learning center, to eligible pupils. Pupils eligible
7.27to participate in the program are pupils who need additional academic or behavioral
7.28support to succeed in the general education environment and who may eventually qualify
7.29for special education instruction or related services under sections125A.03 to
125A.24
7.30and125A.65 if the intervention services authorized by this section were unavailable.
7.31Pupils may be provided services during extended school days and throughout the entire
7.32year and through the assurance of mastery program under sections125A.03 to
125A.24
7.33and125A.65 .
7.34 Sec. 7. Minnesota Statutes 2010, section 125A.65, subdivision 3, is amended to read:
8.1 Subd. 3. Educational program; tuition. (a) When it is determined pursuant to
8.2section125A.69, subdivision 1 or 2, that the child is entitled to attend either school,
8.3the board of the Minnesota State Academies must provide the appropriate educational
8.4program for the child.
8.5(b) For fiscal year 2006, the board of the Minnesota State Academies must make a
8.6tuition charge to the child's district of residence for the cost of providing the program.
8.7The amount of tuition charged must not exceedthe sum of (1) the general education
8.8revenue formula allowance times the pupil unit weighting factor pursuant to section
8.9126C.05
for that child, for the amount of time the child is in the program, plus (2), if
8.10the child was enrolled at the Minnesota State Academies on October 1 of the previous
8.11fiscal year, the compensatory education revenue attributable to that child under section
8.12126C.10, subdivision 3. The district of the child's residence must pay the tuition and
8.13may claim general education aid for the child. Tuition received by the board of the
8.14Minnesota State Academies, except for tuition for compensatory education revenue under
8.15this paragraph and tuition received under subdivision 4, must be deposited in the state
8.16treasury as provided in subdivision 8.
8.17(c) For fiscal year 2007 and later, the district of the child's residence shall
8.18claim general education revenue for the child, except as provided in this paragraph.
8.19Notwithstanding section127A.47 , subdivision 1, an amount equal to the general education
8.20revenue formula allowance times the pupil unit weighting factor pursuant to section
8.21126C.05
for that child for the amount of time the child is in the program, as adjusted
8.22according to subdivision 8, paragraph (d), must be paid to the Minnesota State Academies.
8.23Notwithstanding section126C.15 , subdivision 2, paragraph (d), the compensatory
8.24education revenue under section126C.10 , subdivision 3, attributable to children enrolled
8.25at the Minnesota State Academies on October 1 of the previous fiscal year must be paid
8.26to the Minnesota State Academies. General education aid paid to the Minnesota State
8.27Academies under this paragraph must be credited to their general operation account.
8.28Other general education aid attributable to the child must be paid to the district of the
8.29child's residence.
8.30 Sec. 8. Minnesota Statutes 2010, section 126C.10, subdivision 4, is amended to read:
8.31 Subd. 4. Basic skills revenue. A school district's basic skills revenue equals the
8.32sum of:
8.33(1) compensatory revenue under subdivision 3; plus
8.34(2) limited English proficiency revenue under section
124D.65, subdivision 5 ; plus
9.1(3) , and $250 times the limited English proficiency pupil units under section
9.2126C.05, subdivision 17
.
9.3 Sec. 9. Minnesota Statutes 2010, section 127A.47, subdivision 7, is amended to read:
9.4 Subd. 7. Alternative attendance programs. The general education aid and special
9.5education aid for districts must be adjusted for each pupil attending a nonresident district
9.6under sections123A.05 to
123A.08 ,
124D.03 ,
124D.08 , and
124D.68 . The adjustments
9.7must be made according to this subdivision.
9.8 (a) General education aid paid to a resident district must be reduced by an amount
9.9equal to the referendum equalization aid attributable to the pupil in the resident district.
9.10 (b) General education aid paid to a district serving a pupil in programs listed in this
9.11subdivision must be increased by an amount equal to the greater of (1) the referendum
9.12equalization aid attributable to the pupil in the nonresident district; or (2) the product of
9.13the district's open enrollment concentration index, the maximum amount of referendum
9.14revenue in the first tier, and the district's net open enrollment pupil units for that year. A
9.15district's open enrollment concentration index equals the greater of: (i) zero, or (ii) the
9.16lesser of 1.0, or the difference between the district's ratio of open enrollment pupil units
9.17served to its resident pupil units for that year and 0.2. This clause does not apply to a
9.18school district where more than 50 percent of the open enrollment students are enrolled
9.19solely in online learning courses.
9.20 (c) If the amount of the reduction to be made from the general education aid of the
9.21resident district is greater than the amount of general education aid otherwise due the
9.22district, the excess reduction must be made from other state aids due the district.
9.23 (d) For fiscal year 2006, the district of residence must pay tuition to a district or an
9.24area learning center, operated according to paragraph (f), providing special instruction and
9.25services to a pupil with a disability, as defined in section125A.02 , or a pupil, as defined in
9.26section125A.51 , who is enrolled in a program listed in this subdivision. The tuition must
9.27be equal to (1) the actual cost of providing special instruction and services to the pupil,
9.28including a proportionate amount for special transportation and unreimbursed building
9.29lease and debt service costs for facilities used primarily for special education, minus (2)
9.30if the pupil receives special instruction and services outside the regular classroom for
9.31more than 60 percent of the school day, the amount of general education revenue and
9.32referendum aid attributable to that pupil for the portion of time the pupil receives special
9.33instruction and services outside of the regular classroom, excluding portions attributable to
9.34district and school administration, district support services, operations and maintenance,
9.35capital expenditures, and pupil transportation, minus (3) special education aid attributable
10.1to that pupil, that is received by the district providing special instruction and services.
10.2For purposes of this paragraph, general education revenue and referendum equalization
10.3aid attributable to a pupil must be calculated using the serving district's average general
10.4education revenue and referendum equalization aid per adjusted pupil unit.
10.5 (e) For fiscal year 2007 and later, special education aid paid to a resident district
10.6must be reduced by an amount equal to (1) the actual cost of providing special instruction
10.7and services, including special transportation and unreimbursed building lease and debt
10.8service costs for facilities used primarily for special education, for a pupil with a disability,
10.9as defined in section125A.02 , or a pupil, as defined in section
125A.51 , who is enrolled
10.10in a program listed in this subdivision, minus (2) if the pupil receives special instruction
10.11and services outside the regular classroom for more than 60 percent of the school day,
10.12the amount of general education revenue and referendum equalization aid attributable
10.13to that pupil for the portion of time the pupil receives special instruction and services
10.14outside of the regular classroom, excluding portions attributable to district and school
10.15administration, district support services, operations and maintenance, capital expenditures,
10.16and pupil transportation, minus (3) special education aid attributable to that pupil, that is
10.17received by the district providing special instruction and services. For purposes of this
10.18paragraph, general education revenue and referendum equalization aid attributable to a
10.19pupil must be calculated using the serving district's average general education revenue
10.20and referendum equalization aid per adjusted pupil unit. Special education aid paid to the
10.21district or cooperative providing special instruction and services for the pupil, or to the
10.22fiscal agent district for a cooperative, must be increased by the amount of the reduction
10.23in the aid paid to the resident district. If the resident district's special education aid is
10.24insufficient to make the full adjustment, the remaining adjustment shall be made to other
10.25state aids due to the district.
10.26 (f) An area learning center operated by a service cooperative, intermediate district,
10.27education district, or a joint powers cooperative may elect through the action of the
10.28constituent boards to charge the resident district tuition for pupils rather than to have the
10.29general education revenue paid to a fiscal agent school district. Except as provided in
10.30paragraph (d) or (e), the district of residence must pay tuition equal to at least 90 percent
10.31of the district average general education revenue per pupil unit minus an amount equal to
10.32the product of the formula allowance according to section126C.10, subdivision 2 , times
10.33.0485, calculated withoutcompensatory revenue and transportation sparsity revenue,
10.34times the number of pupil units for pupils attending the area learning center.
10.35 Sec. 10. Minnesota Statutes 2010, section 128B.03, subdivision 3a, is amended to read:
11.1 Subd. 3a. State revenues. The state shall pay to the council for the support of the
11.2school all aids, revenues, and grants available to a school district as though the school
11.3were a school district. The aids, revenues, and grants include, but are not limited to,
11.4the following:
11.5(1) general education revenue, as defined in section126C.10, subdivision 1 ,
11.6including at least compensatory revenue;
11.7(2) transportation revenue;
11.8(3) capital expenditure facilities revenue;
11.9(4) capital expenditure equipment revenue;
11.10(5) special education revenue;
11.11(6) limited English proficiency aid;
11.12(7) family connections aid;
11.13(8) assurance of mastery revenue;
11.14(9) school lunch revenue;
11.15(10) school milk revenue;
11.16(11) health and safety revenue;
11.17(12) Indian language and culture grants;
11.18(13) arts planning grants; and
11.19(14) all other aids, revenues, or grants available to a school district.
11.20If there are eligibility requirements for an aid, revenue, or grant, the requirements
11.21shall be met in order to obtain the aid, revenue, or grant, except that a requirement to levy
11.22shall be waived. To compute the amount of aid, revenue, or grant requiring a levy, the
11.23amount of the levy shall be zero.
11.24If a school district obtains revenue from the proceeds of a levy, the council shall be
11.25deemed to have levied and the state shall pay aid equal to the amount that would have
11.26been levied. The amount shall be approved by the commissioner of education.
11.27The proceeds of any aid, grant, or revenue shall be used only as provided in the
11.28applicable statute.
11.29 Sec. 11. APPROPRIATION.
11.30 Subdivision 1. Department of Education. The sums indicated in this section are
11.31appropriated from the general fund to the Department of Education for the fiscal years
11.32designated.
11.33 Subd. 2. Learn-to-read grants. For learn-to-read grants to school districts and
11.34charter schools under Minnesota Statutes, section 124D.655.
12.3 Sec. 12. REPEALER.
12.4Minnesota Statutes 2010, sections 126C.05, subdivision 3; 126C.10, subdivision 3;
12.5and 126C.15, subdivisions 2 and 3, are repealed.
1.3general education access grants; repealing compensatory revenue; appropriating
1.4money; amending Minnesota Statutes 2010, sections 124D.68, subdivision
1.59; 124D.69, subdivision 1; 125A.11, subdivision 1; 125A.50, subdivision 1;
1.6125A.65, subdivision 3; 126C.10, subdivision 4; 127A.47, subdivision 7;
1.7128B.03, subdivision 3a; proposing coding for new law in Minnesota Statutes,
1.8chapter 124D; repealing Minnesota Statutes 2010, sections 126C.05, subdivision
1.93; 126C.10, subdivision 3; 126C.15, subdivisions 2, 3.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. [124D.655] LEARN-TO-READ GRANT PROGRAM.
1.12 Subdivision 1. Establishment. A grant program is established to assist school
1.13districts and charter schools in teaching all children how to read by the end of third grade.
1.14A school district or charter school must use grant proceeds to reach a goal of having 90
1.15percent of its students being able to read by the end of third grade.
1.16 Subd. 2. Proficiency. For the purposes of this section, proficiency means meeting
1.17or exceeding proficiency on the reading portion of the Minnesota Comprehensive
1.18Assessment (MCA) II.
1.19 Subd. 3. Commissioner. The commissioner shall award grants to school districts
1.20and charter schools to assist them in reaching the goal of having 90 percent of their third
1.21grade students proficient on the third grade Minnesota Comprehensive Assessment II. A
1.22district or charter school is eligible to receive a grant if less than 90 percent of its third
1.23grade students met or exceeded proficiency on Minnesota Comprehensive Assessment
1.24II in reading in the 2010-2011 school year and later. In order to participate in the
1.25grant program, a district or charter school must submit a proposal to the commissioner
1.26including, but not limited to, a proposed budget and annual proficiency goals for its third
2.1grade students over a three-year period, reaching the 90 percent goal by the end of the
2.2third year. The commissioner shall prescribe the form and manner of application for
2.3grants. The commissioner shall determine each grant amount based on the appropriation
2.4available for the grant program.
2.5 Subd. 4. Participating school districts and charter schools. Notwithstanding
2.6section 120B.021, a district or charter school receiving a grant award under this
2.7section is not required to provide instruction in the subject areas required for statewide
2.8accountability. The district or charter school is only required to teach reading for the
2.9duration of the grant. The full amount of the grant must be used for reading instruction
2.10in kindergarten through grade 3. A school district or charter school board can choose to
2.11provide instruction in other subject areas.
2.12 Subd. 5. Duration of grant. (a) The commissioner may award one-year grants to
2.13school districts or charter schools. The grant award may be renewed one year at a time for
2.14a maximum of three years. For purposes of this subdivision, "base percentage" means
2.15the percentage of students in a district or charter school who met or exceeded proficiency
2.16on the third grade Minnesota Comprehensive Assessment II in the year preceding the
2.17first grant year.
2.18(b) The commissioner shall renew a grant in the second year if, in the first year of
2.19the grant, the school district or charter school increased the number of third grade students
2.20meeting and exceeding proficiency by at least one-third of the difference between 90
2.21percent and the district's or charter school's base percentage.
2.22(c) The commissioner shall renew a grant in the third year if, in the second year of
2.23the grant, the school district or charter school increased the number of third grade students
2.24meeting and exceeding proficiency by at least two-thirds of the difference between 90
2.25percent and the district's or charter school's base percentage.
2.26(d) In a district's fourth consecutive year, if the third grade reading proficiency does
2.27not exceed 90 percent, then the amount of the grant that the district received in the third
2.28year must be distributed among the district's kindergarten through sixth grade students for
2.29use as general education access grants under section 124D.6551.
2.30(e) If, at any time in the renewal process, the district's third grade students attain 90
2.31percent proficiency, the district is no longer eligible for the grant.
2.32 Sec. 2. [124D.6551] GENERAL EDUCATION ACCESS GRANTS.
2.33 Subdivision 1. Enrollment; application. (a) For purposes of this section, a student
2.34may enroll in and be eligible to receive an access grant for the cost of attendance at a
3.1Minnesota elementary nonpublic school, other than a home school, that is providing
3.2instruction in compliance with section 120A.22, if:
3.3(1) the student did not test as proficient, as defined in section 124D.655, subdivision
3.42, in reading at the third grade level using the state administered exam;
3.5(2) the student was enrolled in a school district that received a learn-to-read grant in
3.6the previous fiscal year under section 124D.655;
3.7(3) the student is eligible for free or reduced-price lunch; and
3.8(4) the student's application for an access grant is approved by the commissioner.
3.9(b) Applications that are properly submitted in the form and manner prescribed
3.10by the commissioner shall be acted on by May 1 for the following school year. The
3.11commissioner shall notify an applicant in writing of the status of the application.
3.12Additional applications may be accepted and approved following May 1.
3.13 Subd. 2. Access grant payments. (a) On a regular basis, as determined by the
3.14commissioner, but at least quarterly, access grant payments shall be made to the parent or
3.15guardian of an approved student applicant in the form of a check that must be restrictively
3.16endorsed by the parent or guardian for the school providing the instruction. Access
3.17grant payments are considered financial assistance solely to the parent or guardian who
3.18is primarily responsible for ensuring that the child acquires knowledge and skills under
3.19section 120A.22.
3.20(b) The total amount of the access grant for a school year shall not exceed the
3.21tuition and fees charged at the school where the student is enrolled and attending, or the
3.22amount of the learn-to-read grant under section 124D.655 in that fiscal year divided by the
3.23number of eligible students under subdivision 1, paragraph (a), whichever is less. The
3.24commissioner shall only recognize tuition and fees that are equal to what comparable
3.25students are charged who do not receive access grants.
3.26(c) Prior to distribution of payments, the commissioner must require of the parent
3.27or guardian, and must receive in the form and manner prescribed by the commissioner,
3.28information necessary to validate the cost of attendance and enrollment status of the
3.29student. The commissioner shall prorate the access grant if the student is enrolled for
3.30only part of the school year.
3.31(d) The commissioner must withhold access grant payments while it is reasonably
3.32believed that false information concerning the cost of attendance and enrollment status
3.33of the student has been intentionally submitted by an involved party. The commissioner
3.34shall audit and verify submitted information according to program integrity guidelines
3.35adopted by the commissioner.
4.1 Subd. 3. Conference. The commissioner shall offer an informal conference to
4.2applicants and recipients adversely affected by an agency action to attempt to resolve
4.3the dispute.
4.4 Subd. 4. Duration. A student with an approved application must continue to receive
4.5the access grant until the student withdraws from the nonpublic school or the student
4.6completes sixth grade, whichever occurs first.
4.7EFFECTIVE DATE.This section is effective for revenue in fiscal year 2015 and
4.8later.
4.9 Sec. 3. Minnesota Statutes 2010, section 124D.68, subdivision 9, is amended to read:
4.10 Subd. 9. Enrollment verification. (a) For a pupil attending an eligible program
4.11full time under subdivision 3, paragraph (d), the department must pay 90 percent of
4.12the district's average general education revenue less basic skills revenue to the eligible
4.13program and ten percent of the district's average general education revenue less basic
4.14skills revenue to the contracting district within 30 days after the eligible program
4.15verifies enrollment using the form provided by the department. For a pupil attending an
4.16eligible program part time, revenue
4.17proportionately, according to the amount of time the pupil attends the program, and the
4.18payments to the eligible program and the contracting district shall be reduced accordingly.
4.19A pupil for whom payment is made according to this section may not be counted by any
4.20district for any purpose other than computation of general education revenue. If payment
4.21is made for a pupil under this subdivision, a district shall not reimburse a program
4.22under section
4.23attending the eligible program according to section
4.24to the eligible program.
4.25(b) The department must pay up to 100 percent of the revenue to the eligible program
4.26if there is an agreement to that effect between the school district and the eligible program.
4.27(c) Notwithstanding paragraphs (a) and (b), for an eligible program that provides
4.28chemical treatment services to students, the department must pay 100 percent of the
4.29revenue to the eligible program.
4.30 Sec. 4. Minnesota Statutes 2010, section 124D.69, subdivision 1, is amended to read:
4.31 Subdivision 1. Aid. If a pupil enrolls in an alternative program, eligible under
4.32section
4.33organization that has contracted with a school district to provide educational services for
4.34eligible pupils under section
5.1private organization must reimburse the provider an amount equal to the sum of (1) at
5.2least 95 percent of the district's average general education less basic skills revenue per
5.3pupil unit times the number of pupil units for pupils attending the program, and (2) the
5.4amount of basic skills revenue generated by pupils attending the program according to
5.5section
5.6paid to the program
5.7according to the amount of time the pupil attends the program, and revenue paid to the
5.8district shall be reduced accordingly. Pupils for whom a district provides reimbursement
5.9may not be counted by the district for any purpose other than computation of general
5.10education revenue. If payment is made to a district or program for a pupil under this
5.11section, the department must not make a payment for the same pupil under section
5.13general education revenue for a student who receives educational services under this
5.14section shall be paid according to this section.
5.15 Sec. 5. Minnesota Statutes 2010, section 125A.11, subdivision 1, is amended to read:
5.16 Subdivision 1. Nonresident tuition rate; other costs. (a) For fiscal year 2006,
5.17when a school district provides instruction and services outside the district of residence,
5.18board and lodging, and any tuition to be paid, shall be paid by the district of residence.
5.19The tuition rate to be charged for any child with a disability, excluding a pupil for whom
5.20tuition is calculated according to section
5.21the sum of (1) the actual cost of providing special instruction and services to the child
5.22including a proportionate amount for special transportation and unreimbursed building
5.23lease and debt service costs for facilities used primarily for special education, plus (2)
5.24the amount of general education revenue and referendum aid attributable to the pupil,
5.25minus (3) the amount of special education aid for children with a disability received
5.26on behalf of that child, minus (4) if the pupil receives special instruction and services
5.27outside the regular classroom for more than 60 percent of the school day, the amount of
5.28general education revenue and referendum aid, excluding portions attributable to district
5.29and school administration, district support services, operations and maintenance, capital
5.30expenditures, and pupil transportation, attributable to that pupil for the portion of time
5.31the pupil receives special instruction and services outside of the regular classroom. If
5.32the boards involved do not agree upon the tuition rate, either board may apply to the
5.33commissioner to fix the rate. Notwithstanding chapter 14, the commissioner must then set
5.34a date for a hearing or request a written statement from each board, giving each board
5.35at least ten days' notice, and after the hearing or review of the written statements the
6.1commissioner must make an order fixing the tuition rate, which is binding on both school
6.2districts. General education revenue and referendum equalization aid attributable to a
6.3pupil must be calculated using the resident district's average general education revenue
6.4and referendum equalization aid per adjusted pupil unit.
6.5 (b) For fiscal year 2007 and later, when a school district provides special instruction
6.6and services for a pupil with a disability as defined in section
6.7of residence, excluding a pupil for whom an adjustment to special education aid is
6.8calculated according to section
6.9aid paid to the resident district must be reduced by an amount equal to (1) the actual
6.10cost of providing special instruction and services to the pupil, including a proportionate
6.11amount for special transportation and unreimbursed building lease and debt service costs
6.12for facilities used primarily for special education, plus (2) the amount of general education
6.13revenue and referendum equalization aid attributable to that pupil, calculated using the
6.14resident district's average general education revenue and referendum equalization aid
6.15per adjusted pupil unit excluding basic skills revenue, elementary sparsity revenue and
6.16secondary sparsity revenue, minus (3) the amount of special education aid for children
6.17with a disability received on behalf of that child, minus (4) if the pupil receives special
6.18instruction and services outside the regular classroom for more than 60 percent of the
6.19school day, the amount of general education revenue and referendum equalization aid,
6.20excluding portions attributable to district and school administration, district support
6.21services, operations and maintenance, capital expenditures, and pupil transportation,
6.22attributable to that pupil for the portion of time the pupil receives special instruction
6.23and services outside of the regular classroom, calculated using the resident district's
6.24average general education revenue and referendum equalization aid per adjusted pupil unit
6.25excluding basic skills revenue, elementary sparsity revenue and secondary sparsity revenue
6.26and the serving district's basic skills revenue, elementary sparsity revenue and secondary
6.27sparsity revenue per adjusted pupil unit. Notwithstanding clauses (1) and (4), for pupils
6.28served by a cooperative unit without a fiscal agent school district, the general education
6.29revenue and referendum equalization aid attributable to a pupil must be calculated using
6.30the resident district's average general education revenue and referendum equalization aid
6.31excluding
6.32revenue. Special education aid paid to the district or cooperative providing special
6.33instruction and services for the pupil must be increased by the amount of the reduction in
6.34the aid paid to the resident district. Amounts paid to cooperatives under this subdivision
6.35and section
6.36expenditures on the resident school district's books of account under sections
7.2adjustment, the remaining adjustment shall be made to other state aid due to the district.
7.3 (c) Notwithstanding paragraphs (a) and (b) and section
7.4paragraphs (d) and (e), a charter school where more than 30 percent of enrolled students
7.5receive special education and related services, a site approved under section
7.6an intermediate district, a special education cooperative, or a school district that served
7.7as the applicant agency for a group of school districts for federal special education aids
7.8for fiscal year 2006 may apply to the commissioner for authority to charge the resident
7.9district an additional amount to recover any remaining unreimbursed costs of serving
7.10pupils with a disability. The application must include a description of the costs and the
7.11calculations used to determine the unreimbursed portion to be charged to the resident
7.12district. Amounts approved by the commissioner under this paragraph must be included
7.13in the tuition billings or aid adjustments under paragraph (a) or (b), or section
7.14subdivision 7
7.15 (d) For purposes of this subdivision and section
7.16(d) and (e), "general education revenue and referendum equalization aid" means the sum
7.17of the general education revenue according to section
7.18alternative teacher compensation revenue, plus the referendum equalization aid according
7.19to section
7.207, paragraphs (a) to (c).
7.21 Sec. 6. Minnesota Statutes 2010, section 125A.50, subdivision 1, is amended to read:
7.22 Subdivision 1. Commissioner approval. The commissioner may approve
7.23applications from districts initiating or significantly changing a program to provide
7.24prevention services as an alternative to special education
7.25programs. A district with an approved program may provide instruction and services in a
7.26regular education classroom, or an area learning center, to eligible pupils. Pupils eligible
7.27to participate in the program are pupils who need additional academic or behavioral
7.28support to succeed in the general education environment and who may eventually qualify
7.29for special education instruction or related services under sections
7.30and
7.31Pupils may be provided services during extended school days and throughout the entire
7.32year and through the assurance of mastery program under sections
7.33and
7.34 Sec. 7. Minnesota Statutes 2010, section 125A.65, subdivision 3, is amended to read:
8.1 Subd. 3. Educational program; tuition. (a) When it is determined pursuant to
8.2section
8.3the board of the Minnesota State Academies must provide the appropriate educational
8.4program for the child.
8.5(b) For fiscal year 2006, the board of the Minnesota State Academies must make a
8.6tuition charge to the child's district of residence for the cost of providing the program.
8.7The amount of tuition charged must not exceed
8.8revenue formula allowance times the pupil unit weighting factor pursuant to section
8.10
8.11
8.12
8.13may claim general education aid for the child. Tuition received by the board of the
8.14Minnesota State Academies, except for tuition for compensatory education revenue under
8.15this paragraph and tuition received under subdivision 4, must be deposited in the state
8.16treasury as provided in subdivision 8.
8.17(c) For fiscal year 2007 and later, the district of the child's residence shall
8.18claim general education revenue for the child, except as provided in this paragraph.
8.19Notwithstanding section
8.20revenue formula allowance times the pupil unit weighting factor pursuant to section
8.22according to subdivision 8, paragraph (d), must be paid to the Minnesota State Academies.
8.23Notwithstanding section
8.24education revenue under section
8.25at the Minnesota State Academies on October 1 of the previous fiscal year must be paid
8.26to the Minnesota State Academies. General education aid paid to the Minnesota State
8.27Academies under this paragraph must be credited to their general operation account.
8.28Other general education aid attributable to the child must be paid to the district of the
8.29child's residence.
8.30 Sec. 8. Minnesota Statutes 2010, section 126C.10, subdivision 4, is amended to read:
8.31 Subd. 4. Basic skills revenue. A school district's basic skills revenue equals the
8.32sum of
8.33
8.34
9.1
9.3 Sec. 9. Minnesota Statutes 2010, section 127A.47, subdivision 7, is amended to read:
9.4 Subd. 7. Alternative attendance programs. The general education aid and special
9.5education aid for districts must be adjusted for each pupil attending a nonresident district
9.6under sections
9.7must be made according to this subdivision.
9.8 (a) General education aid paid to a resident district must be reduced by an amount
9.9equal to the referendum equalization aid attributable to the pupil in the resident district.
9.10 (b) General education aid paid to a district serving a pupil in programs listed in this
9.11subdivision must be increased by an amount equal to the greater of (1) the referendum
9.12equalization aid attributable to the pupil in the nonresident district; or (2) the product of
9.13the district's open enrollment concentration index, the maximum amount of referendum
9.14revenue in the first tier, and the district's net open enrollment pupil units for that year. A
9.15district's open enrollment concentration index equals the greater of: (i) zero, or (ii) the
9.16lesser of 1.0, or the difference between the district's ratio of open enrollment pupil units
9.17served to its resident pupil units for that year and 0.2. This clause does not apply to a
9.18school district where more than 50 percent of the open enrollment students are enrolled
9.19solely in online learning courses.
9.20 (c) If the amount of the reduction to be made from the general education aid of the
9.21resident district is greater than the amount of general education aid otherwise due the
9.22district, the excess reduction must be made from other state aids due the district.
9.23 (d) For fiscal year 2006, the district of residence must pay tuition to a district or an
9.24area learning center, operated according to paragraph (f), providing special instruction and
9.25services to a pupil with a disability, as defined in section
9.26section
9.27be equal to (1) the actual cost of providing special instruction and services to the pupil,
9.28including a proportionate amount for special transportation and unreimbursed building
9.29lease and debt service costs for facilities used primarily for special education, minus (2)
9.30if the pupil receives special instruction and services outside the regular classroom for
9.31more than 60 percent of the school day, the amount of general education revenue and
9.32referendum aid attributable to that pupil for the portion of time the pupil receives special
9.33instruction and services outside of the regular classroom, excluding portions attributable to
9.34district and school administration, district support services, operations and maintenance,
9.35capital expenditures, and pupil transportation, minus (3) special education aid attributable
10.1to that pupil, that is received by the district providing special instruction and services.
10.2For purposes of this paragraph, general education revenue and referendum equalization
10.3aid attributable to a pupil must be calculated using the serving district's average general
10.4education revenue and referendum equalization aid per adjusted pupil unit.
10.5 (e) For fiscal year 2007 and later, special education aid paid to a resident district
10.6must be reduced by an amount equal to (1) the actual cost of providing special instruction
10.7and services, including special transportation and unreimbursed building lease and debt
10.8service costs for facilities used primarily for special education, for a pupil with a disability,
10.9as defined in section
10.10in a program listed in this subdivision, minus (2) if the pupil receives special instruction
10.11and services outside the regular classroom for more than 60 percent of the school day,
10.12the amount of general education revenue and referendum equalization aid attributable
10.13to that pupil for the portion of time the pupil receives special instruction and services
10.14outside of the regular classroom, excluding portions attributable to district and school
10.15administration, district support services, operations and maintenance, capital expenditures,
10.16and pupil transportation, minus (3) special education aid attributable to that pupil, that is
10.17received by the district providing special instruction and services. For purposes of this
10.18paragraph, general education revenue and referendum equalization aid attributable to a
10.19pupil must be calculated using the serving district's average general education revenue
10.20and referendum equalization aid per adjusted pupil unit. Special education aid paid to the
10.21district or cooperative providing special instruction and services for the pupil, or to the
10.22fiscal agent district for a cooperative, must be increased by the amount of the reduction
10.23in the aid paid to the resident district. If the resident district's special education aid is
10.24insufficient to make the full adjustment, the remaining adjustment shall be made to other
10.25state aids due to the district.
10.26 (f) An area learning center operated by a service cooperative, intermediate district,
10.27education district, or a joint powers cooperative may elect through the action of the
10.28constituent boards to charge the resident district tuition for pupils rather than to have the
10.29general education revenue paid to a fiscal agent school district. Except as provided in
10.30paragraph (d) or (e), the district of residence must pay tuition equal to at least 90 percent
10.31of the district average general education revenue per pupil unit minus an amount equal to
10.32the product of the formula allowance according to section
10.33.0485, calculated without
10.34times the number of pupil units for pupils attending the area learning center.
10.35 Sec. 10. Minnesota Statutes 2010, section 128B.03, subdivision 3a, is amended to read:
11.1 Subd. 3a. State revenues. The state shall pay to the council for the support of the
11.2school all aids, revenues, and grants available to a school district as though the school
11.3were a school district. The aids, revenues, and grants include, but are not limited to,
11.4the following:
11.5(1) general education revenue, as defined in section
11.6
11.7(2) transportation revenue;
11.8(3) capital expenditure facilities revenue;
11.9(4) capital expenditure equipment revenue;
11.10(5) special education revenue;
11.11(6) limited English proficiency aid;
11.12(7) family connections aid;
11.13(8) assurance of mastery revenue;
11.14(9) school lunch revenue;
11.15(10) school milk revenue;
11.16(11) health and safety revenue;
11.17(12) Indian language and culture grants;
11.18(13) arts planning grants; and
11.19(14) all other aids, revenues, or grants available to a school district.
11.20If there are eligibility requirements for an aid, revenue, or grant, the requirements
11.21shall be met in order to obtain the aid, revenue, or grant, except that a requirement to levy
11.22shall be waived. To compute the amount of aid, revenue, or grant requiring a levy, the
11.23amount of the levy shall be zero.
11.24If a school district obtains revenue from the proceeds of a levy, the council shall be
11.25deemed to have levied and the state shall pay aid equal to the amount that would have
11.26been levied. The amount shall be approved by the commissioner of education.
11.27The proceeds of any aid, grant, or revenue shall be used only as provided in the
11.28applicable statute.
11.29 Sec. 11. APPROPRIATION.
11.30 Subdivision 1. Department of Education. The sums indicated in this section are
11.31appropriated from the general fund to the Department of Education for the fiscal years
11.32designated.
11.33 Subd. 2. Learn-to-read grants. For learn-to-read grants to school districts and
11.34charter schools under Minnesota Statutes, section 124D.655.
| 12.1 |
$ |
300,000,000 |
..... |
2012 |
|
| 12.2 |
$ |
300,000,000 |
..... |
2013 |
12.3 Sec. 12. REPEALER.
12.4Minnesota Statutes 2010, sections 126C.05, subdivision 3; 126C.10, subdivision 3;
12.5and 126C.15, subdivisions 2 and 3, are repealed.
