HF 1705

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/04/2021 05:02pm

A bill for an act
relating to education finance; creating the opportunity scholarship program;
appropriating money; amending Minnesota Statutes 2020, section 126C.05,
subdivision 8; proposing coding for new law in Minnesota Statutes, chapter 126C.

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

Section 1.

Minnesota Statutes 2020, section 126C.05, subdivision 8, is amended to read:

Subd. 8.

Average daily membership.

(a) Membership for pupils in grades kindergarten
through 12 and for prekindergarten pupils with disabilities shall mean the number of pupils
on the current roll of the school, counted from the date of entry until withdrawal. new text begin For fiscal
year 2022 and later, membership includes pupils in kindergarten through grade 12
participating in the opportunity scholarship program under section 2. new text end The date of withdrawal
shall mean the day the pupil permanently leaves the school or the date it is officially known
that the pupil has left or has been legally excused. However, a pupil, regardless of age, who
has been absent from school for 15 consecutive school days during the regular school year
or for five consecutive school days during summer school or intersession classes of flexible
school year programs without receiving instruction in the home or hospital shall be dropped
from the roll and classified as withdrawn. Nothing in this section shall be construed as
waiving the compulsory attendance provisions cited in section 120A.22. Average daily
membership equals the sum for all pupils of the number of days of the school year each
pupil is enrolled in the district's schools divided by the number of days the schools are in
session or are providing e-learning days due to inclement weather. Days of summer school
or intersession classes of flexible school year programs are only included in the computation
of membership for pupils with a disability not appropriately served primarily in the regular
classroom. A student must not be counted as more than 1.2 pupils in average daily
membership under this section and section 126C.10, subdivision 2a, paragraph (b). When
the initial total average daily membership exceeds 1.2 for a pupil enrolled in more than one
school district during the fiscal year, each district's average daily membership must be
reduced proportionately.

(b) A student must not be counted as more than one pupil in average daily membership
except for purposes of section 126C.10, subdivision 2a.

Sec. 2.

new text begin [126C.105] OPPORTUNITY SCHOLARSHIP PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Program established. new text end

new text begin The Minnesota opportunity scholarship program
is established.
new text end

new text begin Subd. 2. new text end

new text begin Purpose. new text end

new text begin The purpose of the program is to enhance academic success for all
students.
new text end

new text begin Subd. 3. new text end

new text begin Qualifying student. new text end

new text begin (a) A student enrolled in kindergarten through grade 12
who resides in Special School District No. 1, Minneapolis, or Independent School District
No. 625, St. Paul, is eligible to participate in the opportunity scholarship program. The
student must enroll in the resident school district and inform the school district that the
student intends to participate in the opportunity scholarship program.
new text end

new text begin (b) A student receiving an opportunity scholarship may enroll in any qualifying
opportunity scholarship school.
new text end

new text begin Subd. 4. new text end

new text begin Qualifying opportunity scholarship school. new text end

new text begin (a) For purposes of this section,
"nonpublic school" means a school located in Minnesota, excluding a public school as
defined in section 120A.22, subdivision 4, providing instruction in courses in compliance
with sections 120A.22 and 120A.24.
new text end

new text begin (b) A qualifying nonpublic school must allow an opportunity scholarship student's parent
to pay for tuition on a monthly basis.
new text end

new text begin (c) A qualifying nonpublic school must continue to enroll an opportunity scholarship
student for the period of time for which tuition has been paid for that student.
new text end

new text begin Subd. 5. new text end

new text begin Eligible expenses. new text end

new text begin A qualifying student's eligible expenses under this section
include tuition from a qualifying opportunity scholarship school and eligible expenses under
section 290.0674, subdivision 1, except that the eligible expenses for personal computers
are not capped at $200 per family.
new text end

new text begin Subd. 6. new text end

new text begin School district program administration. new text end

new text begin (a) A school district must annually
notify the families of the students enrolled in the school district of their option to participate
in the opportunity scholarship program.
new text end

new text begin (b) The school district must continue to count a student participating in the opportunity
scholarship program as an enrolled pupil under section 126C.05 and continue to receive
revenue for that student.
new text end

new text begin (c) On July 1 of each year, the Department of Education must calculate the average
general education revenue per pupil unit for that school year, post that amount on the
department's website, and notify each school district of the amount. By July 15 of each year,
each school district must notify the participating students' families of the per pupil revenue
amount for that year.
new text end

new text begin (d) The amount calculated under paragraph (c) is the maximum amount that the school
district must transfer to the student's family for that school year.
new text end

new text begin (e) The school district must establish a procedure to allow a student's family to submit
tuition receipts from a qualifying opportunity scholarship school and receipts for other
eligible expenditures for reimbursement. The receipts for tuition may be presented on a
monthly basis. The school district must pay the student's family the documented amounts
within 30 days of receiving the receipt for tuition expenses from the student's family.
new text end

new text begin (f) Notwithstanding any law to the contrary, a school district is not required to provide
regular education services to any opportunity scholarship student for the period of time that
the student is receiving an opportunity scholarship.
new text end

new text begin (g) At the conclusion of each school year, the school district must contribute the remaining
general education funds attributable to that student, if any, to the student's 529 account
according to the provisions of this subdivision.
new text end

new text begin (h) The school district may retain any other funds attributable to a student participating
in the opportunity scholarship program.
new text end

new text begin Subd. 7. new text end

new text begin 529 contributions. new text end

new text begin (a) At the conclusion of each school year, at the request of
the student's family, the school district must contribute the remaining general education
funds attributable to that student, if any, to the student's family for deposit into a qualified
tuition plan that meets the requirements of section 529 of the Internal Revenue Code and
for which the student is a beneficiary.
new text end

new text begin (b) Within 60 days of receiving funds under this subdivision, the student's family must
submit written documentation to the school district confirming the funds were contributed
to a qualified tuition plan. A family that does not submit documentation under this paragraph
must repay to the school district the amount received, plus the amount of interest accrued
at the rate established under section 270C.40, subdivision 5, within 90 days of receiving
the funds.
new text end

new text begin (c) For a student whose family does not request a funds transfer under paragraph (a)
within 90 days of the conclusion of the school year, the school district must:
new text end

new text begin (1) in consultation with the commissioner of higher education, establish a custodial
account for the student as part of the Minnesota college savings plan under chapter 136G;
and
new text end

new text begin (2) deposit any remaining general education funds attributable to the student into a
custodial account established for the student under clause (1).
new text end

Sec. 3. new text begin APPROPRIATION; ADDITIONAL STATE AID.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sums indicated in this section are
appropriated from the general fund to the Department of Education in the fiscal years
designated.
new text end

new text begin Subd. 2. new text end

new text begin General education aid. new text end

new text begin (a) For additional general education aid and other
school aids:
new text end

	new text begin $ new text end	new text begin ....... new text end	new text begin ..... new text end	new text begin 2022 new text end
	new text begin $ new text end	new text begin ....... new text end	new text begin ..... new text end	new text begin 2023 new text end

new text begin (b) The appropriations in this section are added to the other appropriations for the
programs affected by section 1.
new text end