HF 323

as introduced - 91st Legislature (2019 - 2020) Posted on 01/24/2019 02:17pm

A bill for an act
relating to education; creating an enrollment preference for charter school applicants
living in or near Castle Rock Township; amending Minnesota Statutes 2018, section
124E.11.

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

Section 1.

Minnesota Statutes 2018, section 124E.11, is amended to read:

124E.11 ADMISSION REQUIREMENTS AND ENROLLMENT.

new text begin Subdivision 1. new text end

new text begin Limits on enrollment. new text end

deleted text begin (a) deleted text end A charter school, including its preschool or
prekindergarten program established under section 124E.06, subdivision 3, paragraph (b),
may limit admission to:

(1) pupils within an age group or grade level;

(2) pupils who are eligible to participate in the graduation incentives program under
section 124D.68; or

(3) residents of a specific geographic area in which the school is located when the
majority of students served by the school are members of underserved populations.

new text begin Subd. 2. new text end

new text begin Timely application; lottery; enrollment preference. new text end

deleted text begin (b) deleted text end A charter school,
including its preschool or prekindergarten program established under section 124E.06,
subdivision 3, paragraph (b), shall enroll an eligible pupil who submits a timely application,
unless the number of applications exceeds the capacity of a program, class, grade level, or
building. In this case, pupils must be accepted by lot. The charter school must develop and
publish, including on its website, a lottery policy and process that it must use when accepting
pupils by lot.

new text begin Subd. 3. new text end

new text begin Lottery exceptions. new text end

deleted text begin (c) deleted text end new text begin (a) new text end A charter school shall give enrollment preference
to a sibling of an enrolled pupil and to a foster child of that pupil's parents and may give
preference for enrolling children of the school's staff before accepting other pupils by lot.

new text begin (b) new text end A charter school that is located in Duluth township in St. Louis County and admits
students in kindergarten through grade 6 must give enrollment preference to students residing
within a five-mile radius of the school and to the siblings of enrolled children.

new text begin (c) new text end A charter school may give enrollment preference to children currently enrolled in
the school's free preschool or prekindergarten program under section 124E.06, subdivision
3, paragraph (b), who are eligible to enroll in kindergarten in the next school year.

new text begin (d) A charter school that is located in Castle Rock Township in Dakota County must
give enrollment preference to students residing within a two-mile radius of the school and
to the siblings of enrolled children.
new text end

new text begin Subd. 4. new text end

new text begin Age of enrollment. new text end

deleted text begin (d) deleted text end A person shall not be admitted to a charter school (1)
as a kindergarten pupil, unless the pupil is at least five years of age on September 1 of the
calendar year in which the school year for which the pupil seeks admission commences; or
(2) as a first grade student, unless the pupil is at least six years of age on September 1 of
the calendar year in which the school year for which the pupil seeks admission commences
or has completed kindergarten; except that a charter school may establish and publish on
its website a policy for admission of selected pupils at an earlier age, consistent with the
enrollment process in deleted text begin paragraphs (b) and (c) deleted text end new text begin subdivisions 2 and 3 new text end .

new text begin Subd. 5. new text end

new text begin Admission limits not allowed. new text end

deleted text begin (e) deleted text end Except as permitted in deleted text begin paragraph (d) deleted text end new text begin
subdivision 4 new text end , a charter school, including its preschool or prekindergarten program established
under section 124E.06, subdivision 3, paragraph (b), may not limit admission to pupils on
the basis of intellectual ability, measures of achievement or aptitude, or athletic ability and
may not establish any criteria or requirements for admission that are inconsistent with this
section.

new text begin Subd. 6. new text end

new text begin Enrollment incentives prohibited. new text end

deleted text begin (f) The deleted text end new text begin A new text end charter school shall not distribute
any services or goods of value to students, parents, or guardians as an inducement, term, or
condition of enrolling a student in a charter school.

new text begin Subd. 7. new text end

new text begin Enrollment continues. new text end

deleted text begin (g) deleted text end Once a student is enrolled in deleted text begin the deleted text end new text begin a charter new text end school,
the student is considered enrolled in the school until the student formally withdraws or is
expelled under the Pupil Fair Dismissal Act in sections 121A.40 to 121A.56.

new text begin Subd. 8. new text end

new text begin Prekindergarten pupils. new text end

deleted text begin (h) deleted text end A charter school with at least 90 percent of enrolled
students who are eligible for special education services and have a primary disability of
deaf or hard-of-hearing may enroll prekindergarten pupils with a disability under section
126C.05, subdivision 1, paragraph (a), and must comply with the federal Individuals with
Disabilities Education Act under Code of Federal Regulations, title 34, section 300.324,
subsection (2), clause (iv).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for enrollment decisions made on or
after July 1, 2019.
new text end