HF 2051

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:57am

A bill for an act
relating to education; modifying integration revenue provisions; amending
Minnesota Statutes 2008, sections 124D.86; 124D.896.

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

Section 1.

Minnesota Statutes 2008, section 124D.86, is amended to read:

124D.86 INTEGRATION REVENUE.

Subdivision 1.

Use of revenue.

Integration revenue under this section must be
used for programs established under a desegregation plan filed with the Department of
Education according to Minnesota Rules, parts 3535.0100 to 3535.0180, or under court
order. The revenue must be used to create or enhance learning opportunities which are
designed to new text begin close the achievement gap and new text end provide opportunities for students to have
new text begin sustained new text end increased interracial contacts through classroom experiences, staff initiatives,
and other educationally related programs.

Subd. 1a.

Budget approval process.

Each year before a district receives any
revenue under subdivision 3, deleted text begin clause (4), (5), or (6), deleted text end the district must submit to the
Department of Education, for its review and approval a budget detailing the costs of
the desegregation/integration plan filed under Minnesota Rules, parts 3535.0100 to
3535.0180. Notwithstanding chapter 14, the department may develop criteria for budget
approval. The department shall consult with the Desegregation Advisory Board in
developing these criteria. The criteria developed by the department should address, at a
minimum, the following:

(1) budget items cannot be approved unless they are part of any overall desegregation
plan approved by the district deleted text begin for isolated sites or by the Multidistrict Collaboration
Council and participation individual members deleted text end ;

(2) the budget must indicate how revenue expenditures will be used specifically to
support increased opportunities for interracial contact new text begin and close the achievement gap new text end ;

(3) components of the budget to be considered by the department, including staffing,
curriculum, transportation, facilities, materials, and equipment and reasonable planning
costs, as determined by the department; and

(4) if plans are proposed to enhance existing programs, the total budget being
appropriated to the program must be included, indicating what part is to be funded using
integration revenue and what part is to be funded using other revenues.

Subd. 1b.

Plan components.

Plans submitted by each district under Minnesota
Rules, parts 3535.0160 and 3535.0170, must be approved by the district's board each year
new text begin using the criteria established under section 124D.896, paragraph (b), clause (6), new text end before
integration revenue will be awarded. deleted text begin If a district is applying for revenue for a plan that is
part of a multidistrict council, the individual district shall not receive revenue unless it
ratifies the plan adopted by its multidistrict council or approves a modified plan with a
written explanation of any modifications. deleted text end Each plan shall contain:

(1) an identification of the integration issues at the sites or districts covered by
Minnesota Rules, parts 3535.0100 to 3535.0180;

(2) a description of the community outreach that preceded the integration plan, such
that the commissioner can determine whether the membership of the planning councils
complied with the requirements of Minnesota Rules, parts 3535.0100 to 3535.0180; and

(3) the specific goals of the integration plan.

By June 30 of the subsequent fiscal year, each district shall report to the commissioner in
writing about the extent to which the integration goals identified in the plan were met.

Subd. 2.

Separate account.

Integration revenue shall be maintained in a separate
account to identify expenditures for salaries and programs related to this revenue.

Subd. 3.

Integration revenue.

new text begin (a) new text end Integration revenue new text begin for a district where the
enrollment of protected students exceeds 15 percent new text end equals the deleted text begin following amounts deleted text end new text begin lesser
of new text end :

deleted text begin (1) for Independent School District No. 709, Duluth, $206 times the adjusted pupil
units for the school year;
deleted text end

deleted text begin (2) for Independent School District No. 625, St. Paul, $445 times the adjusted
pupil units for the school year;
deleted text end

deleted text begin (3) for Special School District No. 1, Minneapolis, the sum of $445 times the
adjusted pupil units for the school year and an additional $35 times the adjusted pupil units
for the school year that is provided entirely through a local levy;
deleted text end

deleted text begin (4) for a district not listed in clause (1), (2), or (3), that must implement a plan
under Minnesota Rules, parts 3535.0100 to 3535.0180, where the district's enrollment of
protected students, as defined under Minnesota Rules, part 3535.0110, exceeds 15 percent,
the lesser of (i) the actual cost of implementing the plan during the fiscal year minus the aid
received under subdivision 6, or (ii) $129 times the adjusted pupil units for the school year;
deleted text end

deleted text begin (5) for a district not listed in clause (1), (2), (3), or (4), that is required to implement
a plan according to the requirements of Minnesota Rules, parts 3535.0100 to 3535.0180,
the lesser of
deleted text end

deleted text begin (i) deleted text end new text begin (1) new text end the actual cost of implementing the plan during the fiscal year deleted text begin minus the aid
received under subdivision 6, or deleted text end new text begin ;
new text end

deleted text begin (ii) $92 deleted text end new text begin (2) $445 new text end times the adjusted pupil units for the school year deleted text begin . deleted text end new text begin ; or
new text end

new text begin (3) $654 times the protected student enrollment of the district as defined under
Minnesota Rules, part 3535.0110.
new text end

deleted text begin Any money received by districts in clauses (1) to (3) which exceeds the amount
received in fiscal year 2000 shall be subject to the budget requirements in subdivision
1a; and
deleted text end

deleted text begin (6) for a member district of a multidistrict integration collaborative that files a plan
with the commissioner, but is not contiguous to a racially isolated district, integration
revenue equals the amount defined in clause (5).
deleted text end

new text begin (b) For Special School District No. 1, Minneapolis, integration revenue equals the
amount under paragraph (a) plus an additional $35 times the adjusted pupil units for the
school year that is provided entirely through local levy.
new text end

new text begin (c) For any district that has not made sufficient progress in closing the achievement
gap under subdivision 7, failed to meet other evaluation requirements developed by the
department under section 124D.896, paragraph (b), clause (6), or failed to report to the
commissioner the integration outcomes required under subdivision 1b, the district's
integration revenue under this subdivision is reduced by 50 percent.
new text end

Subd. 4.

Integration levy.

A district may levy an amount equal to deleted text begin 37 percent for deleted text end
deleted text begin fiscal year 2003, 23 percent for fiscal year 2004, and deleted text end 30 percent deleted text begin for fiscal year 2005 deleted text end deleted text begin and
thereafter deleted text end of the district's integration revenue as defined in subdivision 3.

Subd. 5.

Integration aid.

A district's integration aid equals the difference between
the district's integration revenue and its integration levy.

deleted text begin Subd. 6. deleted text end

deleted text begin Alternative attendance programs. deleted text end

deleted text begin (a) The integration aid under
subdivision 5 must be adjusted for each pupil residing in a district eligible for integration
revenue under subdivision 3, clause (1), (2), or (3), and attending a nonresident district
under sections 123A.05 to 123A.08, 124D.03, and 124D.08, that is not eligible for
integration revenue under subdivision 3, clause (1), (2), or (3), and has implemented a plan
under Minnesota Rules, parts 3535.0100 to 3535.0180, if the enrollment of the pupil in the
nonresident district contributes to desegregation or integration purposes. The adjustments
must be made according to this subdivision.
deleted text end

deleted text begin (b) Aid paid to a district serving nonresidents must be increased by an amount equal
to the revenue per pupil unit of the resident district under subdivision 3, clause (1), (2), or
(3), minus the revenue attributable to the pupil in the nonresident district under subdivision
3, clause (4), (5), or (6), for the time the pupil is enrolled in the nonresident district.
deleted text end

new text begin Subd. 7. new text end

new text begin Department evaluation. new text end

new text begin (a) Once every three years, the Department of
Education shall evaluate a school district's integration program. Upon notification of
evaluation by the commissioner, the school district must report to the department:
new text end

new text begin (1) the achievement gap for the district as a whole and each school site in the district
for the 2008-2009 school year, and the last school year in which an evaluation under
this section was conducted; and
new text end

new text begin (2) the achievement gap for the district as a whole and each school site in the district
for the most recent school year for which data is available.
new text end

new text begin (b) The department shall determine whether the school district integration plans have
reduced the achievement gap, sustainably increased the interracial contacts of students,
and met the goals established by the district.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fiscal year 2012 and later.
new text end

Sec. 2.

Minnesota Statutes 2008, section 124D.896, is amended to read:

124D.896 DESEGREGATION/INTEGRATION AND INCLUSIVE
EDUCATION RULES.

(a) By January 10, 1999, the commissioner shall propose rules relating to
desegregation/integration and inclusive education.

(b) new text begin By July 6, 2010, the commissioner shall propose rules:
new text end

new text begin (1) requiring only those school districts with a protected student enrollment of
greater than 15 percent to establish desegregation plans;
new text end

new text begin (2) providing guidance and oversight to school districts that have had one or more
racially identifiable schools for three or more consecutive years;
new text end

new text begin (3) addressing multidistrict collaborative councils;
new text end

new text begin (4) collecting and disseminating best practices among districts with desegregation
plans;
new text end

new text begin (5) determining whether a school district has engaged in intentional segregation;
new text end

new text begin (6) establishing plan evaluation criteria;
new text end

new text begin (7) establishing budget expenditure criteria; and
new text end

new text begin (8) defining the achievement gap.
new text end

new text begin (c) new text end In adopting a rule related to school desegregation/integration, the commissioner
shall address the need for equal educational opportunities for all students and racial
balance as defined by the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end