as introduced - 92nd Legislature (2021 - 2022) Posted on 03/04/2021 04:52pm
A bill for an act
relating to education; modifying capacity provisions for certain special education
programs; amending Minnesota Statutes 2020, section 124D.03, subdivisions 2,
6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2020, section 124D.03, subdivision 2, is amended to read:
(a) A board may, by resolution,
limit the enrollment of nonresident pupils in its schools or programsnew text begin , including early
childhood special education programs and special education secondary transition programs
for students with disabilities ages 18 to 21,new text end according to this section to a number not less
than the lesser of:
(1) one percent of the total enrollment at each grade level in the district; or
(2) the number of district residents at that grade level enrolled in a nonresident district
according to this section.
(b) A district that limits enrollment of nonresident pupils under paragraph (a) shall report
to the commissioner by July 15 on the number of nonresident pupils denied admission due
to the limitations on the enrollment of nonresident pupils.
new text begin
This section is effective July 1, 2021.
new text end
Minnesota Statutes 2020, section 124D.03, subdivision 6, is amended to read:
new text begin (a) new text end The board must adopt, by resolution, specific standards
for acceptance and rejection of applications. Standards may include the capacity ofnew text begin :
new text end
new text begin (1)new text end a programnew text begin for students in kindergarten through grade 12new text end , excluding special education
services;
new text begin
(2) an early childhood special education program;
new text end
new text begin
(3) a special education transition program;
new text end
new text begin (4) anew text end class; or
new text begin (5) anew text end school building.
new text begin (b)new text end The school board may not reject applications for enrollment in a particular grade
level if the nonresident enrollment at that grade level does not exceed the limit set by the
board under subdivision 2. Standards may not include previous academic achievement,
athletic or other extracurricular ability, disabling conditions, proficiency in the English
language, previous disciplinary proceedings, or the student's district of residence, except
where the district of residence is directly included in an enrollment options strategy included
in an approved achievement and integration program.
new text begin
This section is effective July 1, 2021.
new text end