as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
A bill for an act
relating to education finance; fully funding the state's special education
revenue formulas; making the appropriation for special education aid open and
standing; amending Minnesota Statutes 2006, sections 125A.76, subdivisions
3, 5; 125A.79, subdivisions 5, 7; 126C.20; repealing Minnesota Statutes 2006,
sections 125A.76, subdivision 4; 125A.79, subdivision 6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2006, section 125A.76, subdivision 3, is amended to
read:
deleted text begin For fiscal year 1997 and
later,deleted text end A district's adjusted special education base revenue equals the district's special
education base revenue times the ratio of the district's new text begin number of students in new text end average daily
membership new text begin with an individual education plan new text end for the current school year to the district's
new text begin number of students in new text end average daily membership new text begin with an individual education plan new text end for
the base year.
new text begin
This section is effective for revenue for fiscal year 2008.
new text end
Minnesota Statutes 2006, section 125A.76, subdivision 5, is amended to read:
(a) A school district's special
education aid deleted text begin for fiscal year 2000 and laterdeleted text end equals the deleted text begin state total special education aid,
minus the amount determined under paragraphs (b) and (c), times the ratio of thedeleted text end district's
adjusted special education base revenue deleted text begin to the state total adjusted special education base
revenuedeleted text end . If the commissioner of education modifies its rules for special education in a
manner that increases a district's special education obligations or service requirements,
the commissioner shall annually increase each district's special education aid by the
amount necessary to compensate for the increased service requirements. The additional
aid equals the cost in the current year attributable to rule changes not reflected in the
computation of special education base revenue, multiplied by the appropriate percentages
from subdivision 2.
(b) Notwithstanding paragraph (a), if the special education base revenue for a
district equals zero, the special education aid equals the amount computed according
to subdivision 2 using current year data.
(c) Notwithstanding paragraphs (a) and (b), if the special education base revenue for
a district is greater than zero, and the base year amount for the district under subdivision
2, paragraph (a), clause (7), equals zero, the special education aid equals the sum of the
amount computed according to paragraph (a), plus the amount computed according to
subdivision 2, paragraph (a), clause (7), using current year data.
(d) A charter school under section 124D.10 shall generate state special education
aid based on current year expenditures for its first four years of operation and only in its
fifth and later years shall paragraphs (a), (b), and (c) apply.
new text begin
This section is effective for revenue for fiscal year 2008.
new text end
Minnesota Statutes 2006, section 125A.79, subdivision 5, is amended to read:
deleted text begin For fiscal years 2002 and later,deleted text end A district's initial
excess cost aid equals the greatest of:
(1) 75 percent of the difference between (i) the district's unreimbursed special
education cost and (ii) 4.36 percent of the district's general revenue;
(2) 70 percent of the difference between (i) the increase in the district's unreimbursed
special education cost between the base year as defined in section 125A.76, subdivision 1,
and the current year and (ii) 1.6 percent of the district's general revenue; or
(3) zero.
new text begin
This section is effective for revenue for fiscal year 2008.
new text end
Minnesota Statutes 2006, section 125A.79, subdivision 7, is amended to read:
A district's special education
excess cost aid deleted text begin for fiscal year 2002 and laterdeleted text end equals deleted text begin the state total special education excess
cost aid times the ratio ofdeleted text end the district's initial excess cost aid deleted text begin to the state total initial excess
cost aiddeleted text end .
new text begin
This section is effective for revenue for fiscal year 2008.
new text end
Minnesota Statutes 2006, section 126C.20, is amended to read:
There is annually appropriated from the general fund to the department the amount
necessary for general education aidnew text begin and special education aid under sections 125A.76
and 125A.79new text end . This amount must be reduced by the amount of any money specifically
appropriated for the same purpose in any year from any state fund.
new text begin
This section is effective for revenue for fiscal year 2008.
new text end
new text begin
Minnesota Statutes 2006, sections 125A.76, subdivision 4; and 125A.79, subdivision
6,
new text end
new text begin
are repealed effective for revenue for fiscal year 2008.
new text end