Minnesota Legislature
HF 1150
as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:44am
Current Version - as introduced
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A bill for an act
relating to education finance; reinstating base year funding for regular special
education aid; amending Minnesota Statutes 2008, sections 124D.454,
subdivisions 2, 3; 125A.76, subdivisions 1, 2, 5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 124D.454, subdivision 2, is amended to
read:
Subd. 2.
Definitions.
For the purposes of this section, the definitions in this
subdivision apply.
(a) "Basic revenue" has the meaning given it in section 126C.10, subdivision 2.
For the purposes of computing basic revenue pursuant to this section, each child with a
disability shall be counted as prescribed in section 126C.05, subdivision 1.
(b) "Essential personnel" means a licensed teacher, licensed support services staff
person, paraprofessional providing direct services to students, or licensed personnel under
subdivision 12. This definition is not intended to change or modify the definition of
essential employee in chapter 179A.
new text begin
(c) "Base year" means the second fiscal year preceding the fiscal year for which
aid will be paid.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for fiscal years 2010 and later.
new text end
Sec. 2.
Minnesota Statutes 2008, section 124D.454, subdivision 3, is amended to read:
Subd. 3.
Initial aid.
The transition-disabled program initial aid equals the sum of
the following amounts computed using deleted text begin currentdeleted text end new text begin basenew text end year data:
(1) 68 percent of the salary of each essential licensed person or approved
paraprofessional who provides direct instructional services to students employed during
that fiscal year for services rendered in that district's transition program for children with a
disability;
(2) 47 percent of the costs of necessary equipment for transition programs for
children with a disability;
(3) 47 percent of the costs of necessary travel between instructional sites by transition
program teachers of children with a disability but not including travel to and from local,
regional, district, state, or national career and technical student organization meetings;
(4) 47 percent of the costs of necessary supplies for transition programs for children
with a disability but not to exceed an average of $47 in any one school year for each child
with a disability receiving these services;
(5) for transition programs for children with disabilities provided by a contract
approved by the commissioner with public, private, or voluntary agencies other than a
Minnesota school district or cooperative center, in place of programs provided by the
district, 52 percent of the difference between the amount of the contract and the basic
revenue of the district for that pupil for the fraction of the school day the pupil receives
services under the contract;
(6) for transition programs for children with disabilities provided by a contract
approved by the commissioner with public, private, or voluntary agencies other than a
Minnesota school district or cooperative center, that are supplementary to a full educational
program provided by the school district, 52 percent of the amount of the contract; and
(7) for a contract approved by the commissioner with another Minnesota school
district or cooperative center for vocational evaluation services for children with a
disability for children that are not yet enrolled in grade 12, 52 percent of the amount
of the contract.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal years 2010
and later.
new text end
Sec. 3.
Minnesota Statutes 2008, section 125A.76, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
For the purposes of this section, the definitions in this
subdivision apply.
(a) "Basic revenue" has the meaning given it in section 126C.10, subdivision 2.
For the purposes of computing basic revenue pursuant to this section, each child with a
disability shall be counted as prescribed in section 126C.05, subdivision 1.
(b) "Essential personnel" means teachers, cultural liaisons, related services, and
support services staff providing direct services to students. Essential personnel may also
include special education paraprofessionals or clericals providing support to teachers and
students by preparing paperwork and making arrangements related to special education
compliance requirements, including parent meetings and individual education plans.
(c) "Average daily membership" has the meaning given it in section 126C.05.
(d) "Program growth factor" means 1.046 for fiscal year 2012 and later.
new text begin
(e) "Base year" means the second fiscal year preceding the fiscal year for which
aid will be paid.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal years 2010
and later.
new text end
Sec. 4.
Minnesota Statutes 2008, section 125A.76, subdivision 2, is amended to read:
Subd. 2.
Special education initial aid.
The special education initial aid equals the
sum of the following amounts computed using deleted text begin currentdeleted text end new text begin basenew text end year data:
(1) 68 percent of the salary of each essential person employed in the district's
program for children with a disability during the fiscal year, whether the person is
employed by one or more districts or a Minnesota correctional facility operating on a
fee-for-service basis;
(2) for the Minnesota State Academy for the Deaf or the Minnesota State Academy
for the Blind, 68 percent of the salary of each one to one instructional and behavior
management aide assigned to a child attending the academy, if the aides are required
by the child's individual education plan;
(3) for special instruction and services provided to any pupil by contracting with
public, private, or voluntary agencies other than school districts, in place of special
instruction and services provided by the district, 52 percent of the difference between
the amount of the contract and the general education revenue, excluding basic skills
revenue and alternative teacher compensation revenue, and referendum equalization aid
attributable to a pupil, calculated using the resident district's average general education
revenue and referendum equalization aid per adjusted pupil unit for the fraction of the
school day the pupil receives services under the contract. This includes children who
are residents of the state, receive services under this subdivision and subdivision 1, and
are placed in a care and treatment facility by court action in a state that does not have a
reciprocity agreement with the commissioner under section 125A.155 as provided for in
section 125A.79, subdivision 8;
(4) for special instruction and services provided to any pupil by contracting for
services with public, private, or voluntary agencies other than school districts, that are
supplementary to a full educational program provided by the school district, 52 percent of
the amount of the contract for that pupil;
(5) for supplies and equipment purchased or rented for use in the instruction of
children with a disability, an amount equal to 47 percent of the sum actually expended by
the district, or a Minnesota correctional facility operating on a fee-for-service basis, but
not to exceed an average of $47 in any one school year for each child with a disability
receiving instruction;
(6) for fiscal years 1997 and later, special education base revenue shall include
amounts under clauses (1) to (5) for special education summer programs provided during
the base year for that fiscal year;
(7) the cost of providing transportation services for children with disabilities under
section 123B.92, subdivision 1, paragraph (b), clause (4); and
(8) the district's transition-disabled program initial aid according to section
124D.454, subdivision 3.
The department shall establish procedures through the uniform financial accounting
and reporting system to identify and track all revenues generated from third-party billings
as special education revenue at the school district level; include revenue generated from
third-party billings as special education revenue in the annual cross-subsidy report; and
exclude third-party revenue from calculation of excess cost aid to the districts.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal years 2010
and later.
new text end
Sec. 5.
Minnesota Statutes 2008, section 125A.76, subdivision 5, is amended to read:
Subd. 5.
School district special education aid.
new text begin (a) new text end A school district's special
education aid for fiscal year 2008 and later equals the state total special education aid
times the ratio of the district's initial special education aid to the state total initial special
education aid.
new text begin
(b) A charter school in its first two years of operation generates special education
aid based on its current year expenditures.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal years 2010
and later.
new text end