1.1                          A bill for an act
  1.2             relating to education; providing additional 
  1.3             opportunities for student choice; appropriating money; 
  1.4             amending Minnesota Statutes 1998, section 124D.03, 
  1.5             subdivisions 2, 6, 10, and 11, and by adding a 
  1.6             subdivision; proposing coding for new law in Minnesota 
  1.7             Statutes, chapter 127A. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 124D.03, 
  1.10  subdivision 2, is amended to read: 
  1.11     Subd. 2.  [LIMITED ENROLLMENT OF NONRESIDENT PUPILS; 
  1.12  SEVEN-COUNTY METROPOLITAN AREA DISTRICTS; PRIORITY STUDENTS.] 
  1.13  (a) A board may, by resolution, limit the enrollment of 
  1.14  nonresident pupils in its schools or programs according to this 
  1.15  section, except as provided under paragraph (d), to a number not 
  1.16  less than the lesser of: 
  1.17     (1) one percent of the total enrollment at each grade level 
  1.18  in the district; or 
  1.19     (2) the number of district residents at that grade level 
  1.20  enrolled in a nonresident district according to this section.  
  1.21     (b) A district that limits enrollment of nonresident pupils 
  1.22  under paragraph (a) shall report to the commissioner by July 15 
  1.23  on the number of nonresident pupils denied admission due to the 
  1.24  limitations on the enrollment of nonresident pupils. 
  1.25     (c) This paragraph applies to a school board of a school 
  1.26  district having an administrative office within the seven-county 
  2.1   metropolitan area and having a lower percentage of enrolled 
  2.2   students of color than the percentage of enrolled students of 
  2.3   color in the seven-county metropolitan area that, by resolution, 
  2.4   limits the number of nonresident pupils who attend any of its 
  2.5   schools or programs under paragraph (a).  The commissioner 
  2.6   annually shall determine, by a date that accommodates the 
  2.7   application deadlines of this program, the percentage of 
  2.8   enrolled students of color in the seven-county metropolitan area 
  2.9   and the percentage of enrolled students of color in each school 
  2.10  district having an administrative office within the seven-county 
  2.11  metropolitan area.  The commissioner annually shall report these 
  2.12  percentages to the education committees of the legislature.  
  2.13     (d) For purposes of this paragraph only, a school board 
  2.14  that limits the enrollment of nonresident students under 
  2.15  paragraph (a) must not include those students already enrolled 
  2.16  under paragraph (a) in calculating the number of nonresident 
  2.17  students the board must enroll.  A school board that limits the 
  2.18  enrollment of nonresident students under paragraph (a) must give 
  2.19  first priority to enrolling all interested students who: 
  2.20     (1) reside in a school district in which at least 25 
  2.21  percent of the enrolled students are eligible to receive a free 
  2.22  or reduced price school meal; 
  2.23     (2) are eligible to receive a free or reduced price school 
  2.24  meal; and 
  2.25     (3) are students of color. 
  2.26     (e) The parent or guardian of an eligible student under 
  2.27  paragraph (d) may appeal the decision of a school board to 
  2.28  refuse to enroll the student to an administrative law judge.  
  2.29  The administrative law judge shall hold a contested case hearing 
  2.30  under chapter 14 to determine if a school board, which refuses 
  2.31  to enroll the student, must enroll the student under the 
  2.32  criteria in this section.  The decision of the administrative 
  2.33  law judge shall be the final decision of the school board.  If 
  2.34  the administrative law judge decides that the school board 
  2.35  wrongly refused to enroll the student, the school board shall 
  2.36  pay all hearing costs; otherwise the department shall pay all 
  3.1   hearing costs. 
  3.2      (f) A school board that limits the enrollment of 
  3.3   nonresident students under paragraph (a) is prohibited from 
  3.4   increasing racial segregation in that school district and in the 
  3.5   school district from which the student is transferring as a 
  3.6   result of enrolling students under this section. 
  3.7      Sec. 2.  Minnesota Statutes 1998, section 124D.03, 
  3.8   subdivision 6, is amended to read: 
  3.9      Subd. 6.  [BASIS FOR DECISIONS.] The board must adopt, by 
  3.10  resolution, specific standards for ~~acceptance~~ accepting and 
  3.11  ~~rejection of~~ rejecting applications.  Standards may include the 
  3.12  capacity of a program, class, or school building.  The school 
  3.13  board may not reject applications for enrollment in a particular 
  3.14  grade level if the nonresident enrollment at that grade level 
  3.15  does not exceed the limit set by the board under subdivision 2.  
  3.16  Standards may not include previous academic achievement, 
  3.17  athletic or other extracurricular ability, disabling conditions, 
  3.18  proficiency in the English language, previous disciplinary 
  3.19  proceedings, or the student's district of residence.  A school 
  3.20  board enrolling nonresident students under subdivision 2, 
  3.21  paragraphs (c) to (f), may not reject applications from eligible 
  3.22  students for enrollment in a particular grade level if the 
  3.23  nonresident enrollment at that grade level does not exceed one 
  3.24  percent of the district's total enrollment for that grade. 
  3.25     Sec. 3.  Minnesota Statutes 1998, section 124D.03, is 
  3.26  amended by adding a subdivision to read: 
  3.27     Subd. 8a.  [TRANSPORTATION; DESEGREGATION DISTRICT 
  3.28  TRANSFERS.] (a) Notwithstanding subdivision 8, if requested by 
  3.29  the parent of a pupil who is a resident of a school district 
  3.30  that has a desegregation plan approved by the commissioner of 
  3.31  children, families, and learning, the resident school district 
  3.32  shall provide transportation services from the pupil's residence 
  3.33  to the school actually attended. 
  3.34     (b) The state shall pay state aid to the resident school 
  3.35  district equal to the actual expenditures of the school district 
  3.36  for transportation services provided under this subdivision. 
  4.1      (c) The school district may, at the district's discretion: 
  4.2      (1) provide transportation services directly; 
  4.3      (2) contract with another school district or a public or 
  4.4   private carrier for the services; or 
  4.5      (3) reimburse the pupil's parent for the lesser of the 
  4.6   actual costs of transportation or 31 cents per mile. 
  4.7      Sec. 4.  Minnesota Statutes 1998, section 124D.03, 
  4.8   subdivision 10, is amended to read: 
  4.9      Subd. 10.  [INFORMATION.] (a) A district that enrolls 
  4.10  students under subdivision 2, paragraphs (c) to (f), shall, 
  4.11  after consulting with the department of children, families, and 
  4.12  learning and the state board of education, make information 
  4.13  about the district, schools, programs, policies, and procedures 
  4.14  available to all interested people, giving first priority to 
  4.15  providing timely, useful, and accessible information to the 
  4.16  families of students who meet the eligibility criteria under 
  4.17  subdivision 2, paragraphs (c) and (d), and reside in a 
  4.18  metropolitan school district in which at least 25 percent of the 
  4.19  enrolled students are eligible to receive a free or reduced 
  4.20  price school meal.  A district that enrolls a student under 
  4.21  subdivision 2, paragraphs (c) to (f), shall provide ongoing 
  4.22  counseling and guidance services to that student during the 
  4.23  entire time the student is enrolled in the district.  
  4.24     (b) Any district other than a district under paragraph (a) 
  4.25  that does not exclude nonresident pupils shall make information 
  4.26  about the district, schools, programs, policies, and procedures 
  4.27  available to all interested people. 
  4.28     Sec. 5.  Minnesota Statutes 1998, section 124D.03, 
  4.29  subdivision 11, is amended to read: 
  4.30     Subd. 11.  [GENERAL EDUCATION AID.] Adjustments to general 
  4.31  education aid for the resident and nonresident districts shall 
  4.32  be made according to section 127A.47, subdivision 7, except that 
  4.33  for aid payments for a student enrolled under subdivision 2, the 
  4.34  aid amount calculated under section 127A.47, subdivision 7, is 
  4.35  increased by an amount equal to the maximum per pupil 
  4.36  compensatory aid amount calculated under sections 126C.05, 
  5.1   subdivision 3, and 126C.10, subdivision 3, regardless of the 
  5.2   student's eligibility for free or reduced price meals and 
  5.3   regardless of the compensation revenue pupil concentration at 
  5.4   the school site actually attended by the student. 
  5.5      Sec. 6.  [127A.048] [ADDITIONAL ENROLLMENT OPTIONS 
  5.6   PAYMENTS.] 
  5.7      Subdivision 1.  [COUNSELING SERVICES.] The state shall pay 
  5.8   state aid equal to the lesser of a district's actual 
  5.9   expenditures for counseling and guidance services provided to 
  5.10  students of color that enroll in a nonresident district under 
  5.11  section 124D.03, subdivision 2, paragraphs (c) to (f), or $100 
  5.12  per pupil that enrolls under section 124D.03, paragraphs (c) to 
  5.13  (f). 
  5.14     Subd. 2.  [TRANSPORTATION SERVICES.] The state shall pay 
  5.15  additional transportation aid to a resident school district 
  5.16  according to section 124D.03, subdivision 8a. 
  5.17     Subd. 3.  [EFFICIENCY INCENTIVES.] A school district of 
  5.18  residence and a school district providing instruction to a pupil 
  5.19  that enrolls under section 124D.03, subdivision 2, paragraphs 
  5.20  (c) to (f), are eligible for efficiency incentives revenue if at 
  5.21  least ten pupils from a single attendance area choose to attend 
  5.22  the same nonresident school program.  Efficiency incentives 
  5.23  revenue is equal to $100 times the number of nonresident pupils 
  5.24  enrolled in the same nonresident school program.  Efficiency 
  5.25  incentives revenue must be used for expenditures related to 
  5.26  pupils who attend a nonresident school district under section 
  5.27  124D.03, subdivision 2, paragraphs (c) to (f). 
  5.28     Subd. 4.  [MARKETING COSTS.] To the extent an appropriation 
  5.29  is available, the state shall pay the costs that a school board 
  5.30  of a school district having an administrative office within the 
  5.31  seven-county metropolitan area incurs in actively and 
  5.32  effectively disseminating information about district programs to 
  5.33  eligible students under section 124D.03, subdivision 2, 
  5.34  paragraphs (c) to (f), to encourage those eligible students to 
  5.35  enroll in the district. 
  5.36     Sec. 7.  [EVALUATION.] 
  6.1      The commissioner of children, families, and learning shall 
  6.2   contract with a recognized expert on the issue of race and 
  6.3   poverty at the University of Minnesota to evaluate the 
  6.4   short-term and long-term impact of the amended and new 
  6.5   provisions of sections 1 to 5 on student performance, including 
  6.6   at least student achievement and attendance, and on the school 
  6.7   site, the student body, the classroom, and the school faculty.  
  6.8   The evaluation also must consider any applicable financial 
  6.9   implications of these provisions.  School districts must 
  6.10  cooperate fully with the evaluation.  The commissioner of 
  6.11  children, families, and learning shall present to the education 
  6.12  committees of the legislature an interim report by February 1, 
  6.13  2001, and a final report by February 1, 2002. 
  6.14     Sec. 8.  [APPROPRIATION.] 
  6.15     Subdivision 1.  [DEPARTMENT OF CHILDREN, FAMILIES, AND 
  6.16  LEARNING.] The sums indicated in this section are appropriated 
  6.17  from the general fund to the commissioner of children, families, 
  6.18  and learning in the fiscal years designated. 
  6.19     Subd. 2.  [COUNSELING.] For counseling and guidance 
  6.20  services under section 6: 
  6.21       $.,...,...     .....     2000 
  6.22       $.,...,...     .....     2001 
  6.23     Any balance remaining in the first year does not cancel but 
  6.24  is available in the second year. 
  6.25     Subd. 3.  [TRANSPORTATION SERVICES.] For transportation 
  6.26  services under section 3: 
  6.27       $.,...,...     .....     2000 
  6.28       $.,...,...     .....     2001 
  6.29     Any balance remaining in the first year does not cancel but 
  6.30  is available in the second year. 
  6.31     Subd. 4.  [EFFICIENCY INCENTIVES.] For school districts 
  6.32  achieving efficiencies in student movement under section 6, 
  6.33  subdivision 3: 
  6.34       $.,...,...     .....     2000 
  6.35       $.,...,...     .....     2001 
  6.36     Any balance remaining in the first year does not cancel but 
  7.1   is available in the second year. 
  7.2      Subd. 5.  [HEARING COSTS.] For paying hearing costs when an 
  7.3   administrative law judge decides that a school board rightly 
  7.4   refused to enroll a student under section 1, paragraphs (c) to 
  7.5   (e): 
  7.6        $.,...,...     .....     2000 
  7.7        $.,...,...     .....     2001
  7.8      Any balance remaining in the first year does not cancel but 
  7.9   is available in the second year. 
  7.10     Subd. 6.  [MARKETING COSTS.] For actively and effectively 
  7.11  disseminating information about district programs to eligible 
  7.12  students under section 6, subdivision 4: 
  7.13       $.,...,...     .....     2000
  7.14       $.,...,...     .....     2001
  7.15     Any balance remaining in the first year does not cancel but 
  7.16  is available in the second year.  The department shall reimburse 
  7.17  districts for marketing costs on a first-come, first-served 
  7.18  basis and shall annually, by February 15, report to the 
  7.19  education committees of the legislature those districts seeking 
  7.20  reimbursement. 
  7.21     Subd. 7.  [STUDY.] For the purposes of contracting for the 
  7.22  study required under section 7: 
  7.23       $.,...,...     .....     2000 
  7.24       $.,...,...     .....     2001 
  7.25     This appropriation is available until June 30, 2001. 
  7.26     Sec. 9.  [EFFECTIVE DATE.] 
  7.27     Sections 1 to 4 are effective the day following final 
  7.28  enactment.  Sections 5 to 8 are effective July 1, 1999.