HF 3981

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/17/2022 04:47pm

A bill for an act
relating to early childhood; making early childhood special education students
eligible for prekindergarten school breakfast reimbursement and English learner
services; appropriating money; amending Minnesota Statutes 2020, sections
124D.1158, subdivisions 3, 4; 124D.59, subdivision 2; Minnesota Statutes 2021
Supplement, section 126C.05, subdivision 1; Laws 2021, First Special Session
chapter 13, article 1, section 10, subdivision 2; article 8, section 3, subdivision 3.

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

Section 1.

Minnesota Statutes 2020, section 124D.1158, subdivision 3, is amended to
read:

Subd. 3.

Program reimbursement.

Each school year, the state must reimburse each
participating school 30 cents for each reduced-price breakfast, 55 cents for each fully paid
breakfast served to students in grades 1 to 12, and $1.30 for each fully paid breakfast served
to a prekindergarten student enrolled in an approved voluntary prekindergarten program
under section 124D.151 new text begin , early childhood special education students participating in a program
authorized under section 124D.151, new text end or a kindergarten student.

Sec. 2.

Minnesota Statutes 2020, section 124D.1158, subdivision 4, is amended to read:

Subd. 4.

No fees.

A school that receives school breakfast aid under this section must
make breakfast available without charge to all participating students in grades 1 to 12 who
qualify for free or reduced-price meals and to all prekindergarten students enrolled in an
approved voluntary prekindergarten program under section 124D.151 new text begin , early childhood
special education students participating in a program authorized under section 124D.151, new text end
and all kindergarten students.

Sec. 3.

Minnesota Statutes 2020, section 124D.59, subdivision 2, is amended to read:

Subd. 2.

English learner.

(a) "English learner" means a pupil in kindergarten through
grade 12 new text begin , an early childhood special education student under Part B, section 619, of the
Individuals with Disabilities Education Act, United States Code, title 20, section 1419, new text end or
a prekindergarten student enrolled in an approved voluntary prekindergarten program under
section 124D.151 or a school readiness plus program who meets the requirements under
subdivision 2a or the following requirements:

(1) the pupil, as declared by a parent or guardian first learned a language other than
English, comes from a home where the language usually spoken is other than English, or
usually speaks a language other than English; and

(2) the pupil is determined by a valid assessment measuring the pupil's English language
proficiency and by developmentally appropriate measures, which might include observations,
teacher judgment, parent recommendations, or developmentally appropriate assessment
instruments, to lack the necessary English skills to participate fully in academic classes
taught in English.

(b) A pupil enrolled in a Minnesota public school in any grade 4 through 12 who in the
previous school year took a commissioner-provided assessment measuring the pupil's
emerging academic English, shall be counted as an English learner in calculating English
learner pupil units under section 126C.05, subdivision 17, and shall generate state English
learner aid under section 124D.65, subdivision 5, if the pupil scored below the state cutoff
score or is otherwise counted as a nonproficient participant on the assessment measuring
the pupil's emerging academic English, or, in the judgment of the pupil's classroom teachers,
consistent with section 124D.61, clause (1), the pupil is unable to demonstrate academic
language proficiency in English, including oral academic language, sufficient to successfully
and fully participate in the general core curriculum in the regular classroom.

(c) Notwithstanding paragraphs (a) and (b), a pupil in new text begin early childhood special education
or new text end prekindergarten under section 124D.151, through grade 12 shall not be counted as an
English learner in calculating English learner pupil units under section 126C.05, subdivision
17, and shall not generate state English learner aid under section 124D.65, subdivision 5,
if:

(1) the pupil is not enrolled during the current fiscal year in an educational program for
English learners under sections 124D.58 to 124D.64; or

(2) the pupil has generated seven or more years of average daily membership in Minnesota
public schools since July 1, 1996.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2023 and later.
new text end

Sec. 4.

Minnesota Statutes 2021 Supplement, section 126C.05, subdivision 1, is amended
to read:

Subdivision 1.

Pupil unit.

Pupil units for each Minnesota resident pupil under the age
of 21 or who meets the requirements of section 120A.20, subdivision 1, paragraph (c), in
average daily membership enrolled in the district of residence, in another district under
sections 123A.05 to 123A.08, 124D.03, 124D.08, or 124D.68; in a charter school under
chapter 124E; or for whom the resident district pays tuition under section 123A.18, 123A.22,
123A.30, 123A.32, 123A.44, 123A.488, 123B.88, subdivision 4, 124D.04, 124D.05, 125A.03
to 125A.24, 125A.51, or 125A.65, shall be counted according to this subdivision.

(a) A prekindergarten pupil with a disability who is enrolled in a program approved by
the commissioner and has an individualized education program is counted as the ratio of
the number of hours of assessment and education service to 825 times 1.0 with a minimum
average daily membership of 0.28, but not more than 1.0 pupil unit.

(b) A prekindergarten pupil who is assessed but determined not to be disabled is counted
as the ratio of the number of hours of assessment service to 825 times 1.0.

deleted text begin (c) A kindergarten pupil with a disability who is enrolled in a program approved by the
commissioner is counted as the ratio of the number of hours of assessment and education
services required in the fiscal year by the pupil's individualized education program to 875,
but not more than one.
deleted text end

deleted text begin (d) deleted text end new text begin (c) new text end A prekindergarten pupil who is not included in paragraph (a) or (b) and is enrolled
in an approved voluntary prekindergarten program under section 124D.151 is counted as
the ratio of the number of hours of instruction to 850 times 1.0, but not more than 0.6 pupil
units.

deleted text begin (e) deleted text end new text begin (d) new text end A kindergarten pupil deleted text begin who is not included in paragraph (c) deleted text end is counted as 1.0 pupil
unit if the pupil is enrolled in a free all-day, every day kindergarten program available to
all kindergarten pupils at the pupil's school that meets the minimum hours requirement in
section 120A.41, or is counted as .55 pupil unit, if the pupil is not enrolled in a free all-day,
every day kindergarten program available to all kindergarten pupils at the pupil's school.

deleted text begin (f) deleted text end new text begin (e) new text end A pupil who is in any of grades 1 to 6 is counted as 1.0 pupil unit.

deleted text begin (g) deleted text end new text begin (f) new text end A pupil who is in any of grades 7 to 12 is counted as 1.2 pupil units.

deleted text begin (h) deleted text end new text begin (g) new text end A pupil who is in the postsecondary enrollment options program is counted as
1.2 pupil units.

deleted text begin (i) deleted text end new text begin (h) new text end For fiscal years 2018 through 2023, a prekindergarten pupil who:

(1) is not included in paragraph (a), (b), or deleted text begin (d) deleted text end new text begin (c) new text end ;

(2) is enrolled in a school readiness plus program under Laws 2017, First Special Session
chapter 5, article 8, section 9; and

(3) has one or more of the risk factors specified by the eligibility requirements for a
school readiness plus program,

is counted as the ratio of the number of hours of instruction to 850 times 1.0, but not more
than 0.6 pupil units. A pupil qualifying under this paragraph must be counted in the same
manner as a voluntary prekindergarten student for all general education and other school
funding formulas.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2023 and later.
new text end

Sec. 5.

Laws 2021, First Special Session chapter 13, article 1, section 10, subdivision 2,
is amended to read:

Subd. 2.

General education aid.

For general education aid under Minnesota Statutes,
section 126C.13, subdivision 4:

	$	deleted text begin 7,569,266,000 deleted text end new text begin 7,487,944,000 new text end	.....	2022
	$	deleted text begin 7,804,527,000 deleted text end new text begin 7,679,289,000 new text end	.....	2023

The 2022 appropriation includes $717,326,000 for 2021 and deleted text begin $6,851,940,000 deleted text end new text begin
$6,770,618,000 new text end for 2022.

The 2023 appropriation includes deleted text begin $734,520,000 deleted text end new text begin $725,349,000 new text end for 2022 and
deleted text begin $7,070,007,000 deleted text end new text begin $6,953,940,000 new text end for 2023.

Sec. 6.

Laws 2021, First Special Session chapter 13, article 8, section 3, subdivision 3, is
amended to read:

Subd. 3.

School breakfast.

For traditional school breakfast aid under Minnesota Statutes,
section 124D.1158:

	$	deleted text begin 11,848,000 deleted text end new text begin 101,000 new text end	.....	2022
	$	deleted text begin 12,200,000 deleted text end new text begin 10,691,000 new text end	.....	2023