HF 273

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/14/2011 03:05pm

A bill for an act
relating to education; establishing enrollment options for students at
low-performing schools; proposing coding for new law in Minnesota Statutes,
chapter 124D.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [124D.031] ENROLLMENT OPTIONS FOR STUDENTS AT
LOW-PERFORMING SCHOOLS.
new text end

new text begin Subdivision 1. new text end

new text begin Student enrollment options. new text end

new text begin (a) A student who attends a persistently
low-performing school for at least one school year and whose family income is equal to or
less than 175 percent of the federal poverty level is eligible to enroll in a nonpublic school
under this section or a nonresident district school or program under section 124D.03.
new text end

new text begin (b) For the purposes of this section, "persistently low-performing school" means
a school that has student performance levels for at least three consecutive school years
immediately preceding the school year a student is enrolling in a nonpublic school under
this section or a nonresident district school or program under section 124D.03 in one
or more of the following:
new text end

new text begin (1) the combined total percentage of students scoring at the "does not meet
standards" level for either the reading or mathematics Minnesota Comprehensive
Assessments exceeds 40 percent for all grades tested;
new text end

new text begin (2) the combined percentage of students having academic growth in reading or
mathematics of "proficient, low growth," "not proficient, low growth," and "not proficient,
medium growth" exceeds 50 percent; or
new text end

new text begin (3) 50 percent or more students in secondary school do not receive a passing
score when first tested on the graduation required assessment for diploma in reading,
mathematics, or writing.
new text end

new text begin Subd. 2. new text end

new text begin Eligible nonpublic schools. new text end

new text begin To be eligible to participate under this section,
a nonpublic school must comply with section 121A.04 and chapter 363A; accommodate
students by making reasonable accommodations and meeting the requirements under
the Americans with Disabilities Act, Public Law 101-336; adopt an antidiscrimination,
harassment, and violence prevention policy that complies with section 121A.03, and
an anti-intimidation and bullying policy that complies with section 121A.0695; submit
data to the commissioner in the form and manner required by the commissioner so that
the school may be included in the state's annual school performance report cards under
section 120B.36; accept students on a random basis, except that the nonpublic school may
give preference to the siblings of students already enrolled in the nonpublic school; and
notify the commissioner of its intent to participate. The nonpublic school must administer
either the statewide reading and math tests under section 120B.30 or a nationally
norm-referenced standardized achievement exam to its enrolled students.
new text end

new text begin The commissioner shall ensure that the nonpublic school complies with the
requirements of this subdivision.
new text end

new text begin Subd. 3. new text end

new text begin Tuition funding for students transferring to nonpublic schools. new text end

new text begin If a
student transfers to a nonpublic school under this section, and upon receiving proof that
the student is enrolled in the nonpublic school, the commissioner shall make quarterly
payments to the student's parent or guardian in an amount equal to the lesser of the
state average general education revenue per pupil unit, calculated without transportation
sparsity revenue or the nonpublic school's operating and debt service cost per pupil
that is related to educational programming, as determined by the commissioner. The
commissioner shall send the check to the nonpublic school and the parent or guardian shall
restrictively endorse the check for the nonpublic school's use.
new text end

new text begin Subd. 4. new text end

new text begin Student transportation. new text end

new text begin A resident school district is responsible for
providing transportation within the district's borders for a student who enrolls in a
nonpublic school under this section and shall receive transportation funding equal to the
actual costs in the current school year for those transportation services.
new text end

new text begin Subd. 5. new text end

new text begin Funding for student testing. new text end

new text begin The state shall pay the nonpublic school
costs of administering tests given under section 120B.30.
new text end

new text begin Subd. 6. new text end

new text begin Curriculum review; exemption from instruction. new text end

new text begin A nonpublic school
must provide a procedure for a parent, guardian, or an adult student, 18 years of age or
older, to review the content of instructional materials, and if found objectionable, the
student shall be exempt from the instruction upon request.
new text end

new text begin Subd. 7. new text end

new text begin Financial audit. new text end

new text begin A nonpublic school enrolling students under this section
must submit to the commissioner by November 15 of each year a summary of audited
financial data for the preceding fiscal year.
new text end

new text begin Subd. 8. new text end

new text begin List of nonpublic schools. new text end

new text begin The commissioner shall publish a list of
participating nonpublic schools.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to the 2011-2012 school year and later.
new text end