1.1                          A bill for an act 
  1.2             relating to education; enhancing basic skills revenue; 
  1.3             extending funding for English language learners; 
  1.4             removing the compensatory revenue cap; adjusting for 
  1.5             the under-reporting of secondary students eligible for 
  1.6             free or reduced price meals; creating a grant program 
  1.7             to fund best practices English language learner 
  1.8             programs; appropriating money; amending Minnesota 
  1.9             Statutes 1998, sections 124D.59, by adding a 
  1.10            subdivision; 124D.65, subdivisions 1, 2, 3, 4, and 5; 
  1.11            126C.05, subdivision 3; 126C.10, subdivision 4; and 
  1.12            126C.15, subdivision 2. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 1998, section 124D.59, is 
  1.15  amended by adding a subdivision to read: 
  1.16     Subd. 3a.  [ESSENTIAL TRANSLATION PERSONNEL.] "Essential 
  1.17  translation personnel" means a person employed to provide direct 
  1.18  language translation services to students and their parents. 
  1.19     Sec. 2.  Minnesota Statutes 1998, section 124D.65, 
  1.20  subdivision 1, is amended to read: 
  1.21     Subdivision 1.  [ADJUSTED LEP BASE REVENUE.] (a) A 
  1.22  district's adjusted limited English proficiency programs base 
  1.23  revenue for fiscal year 1996 and later equals the product of: 
  1.24     (1) the district's base revenue for limited English 
  1.25  proficiency programs under this section and section 125A.77, 
  1.26  times 
  1.27     (2) the ratio of: 
  1.28     (i) the greater of 20 or the number of pupils of limited 
  1.29  English proficiency enrolled in the district during the current 
  2.1   fiscal year to 
  2.2      (ii) the greater of 20 or the number of pupils of limited 
  2.3   English proficiency enrolled in the district during the base 
  2.4   year. 
  2.5      (b) ~~For the purposes of this section, the base year for~~ 
  2.6   ~~fiscal year 1996 is fiscal year 1995.~~  The base year for later 
  2.7   fiscal years is the second fiscal year preceding the fiscal year 
  2.8   for which aid shall be paid.  The current year is the fiscal 
  2.9   year for which aid shall be paid. 
  2.10     (c) For the purposes of this section, a teacher includes 
  2.11  nonlicensed personnel who provide direct instruction to students 
  2.12  of limited English proficiency under the supervision of a 
  2.13  licensed teacher. 
  2.14     Sec. 3.  Minnesota Statutes 1998, section 124D.65, 
  2.15  subdivision 2, is amended to read: 
  2.16     Subd. 2.  [LEP BASE REVENUE.] (a) The limited English 
  2.17  proficiency programs base revenue equals the sum of the 
  2.18  following amounts, computed using base year data:  
  2.19     (1) ~~68~~ 75 percent of the salary and benefits of one 
  2.20  full-time equivalent teacher for each ~~40~~ 25 pupils of limited 
  2.21  English proficiency enrolled, or ~~68~~ 75 percent of the salary and 
  2.22  benefits of one-half of a full-time teacher in a district 
  2.23  with ~~20~~ 12 or fewer pupils of limited English proficiency 
  2.24  enrolled; ~~and~~ 
  2.25     (2) for essential translation services 75 percent of the 
  2.26  salary and benefits of the essential translation personnel; and 
  2.27     (3) for supplies and equipment purchased or rented for use 
  2.28  in the instruction of pupils of limited English proficiency an 
  2.29  amount equal to 47 percent of the sum actually spent by the 
  2.30  district but not to exceed an average of $47 in any one school 
  2.31  year for each pupil of limited English proficiency receiving 
  2.32  instruction. 
  2.33     (b) For the purposes of this subdivision, a teacher 
  2.34  includes nonlicensed personnel who provide direct instruction to 
  2.35  students of limited English proficiency under the supervision of 
  2.36  a licensed teacher. 
  3.1      (c) If requested by a school district operating a limited 
  3.2   English proficiency program during the base year for less than 
  3.3   the full school year, the commissioner may adjust the base 
  3.4   revenue to reflect the expenditures that would have occurred 
  3.5   during the base year had the program been operated for the full 
  3.6   school year. 
  3.7      Sec. 4.  Minnesota Statutes 1998, section 124D.65, 
  3.8   subdivision 3, is amended to read: 
  3.9      Subd. 3.  [LEP AID.] A district's limited English 
  3.10  proficiency revenue is provided entirely through state aid ~~for~~ 
  3.11  ~~fiscal year 1998 equals the aid percentage factor under section~~ 
  3.12  ~~125A.76, subdivision 1, times the district's limited English~~ 
  3.13  ~~proficiency revenue~~. 
  3.14     Sec. 5.  Minnesota Statutes 1998, section 124D.65, 
  3.15  subdivision 4, is amended to read: 
  3.16     Subd. 4.  [STATE TOTAL LEP REVENUE.] (a) The state total 
  3.17  limited English proficiency programs revenue for fiscal year 
  3.18  1998 equals $14,629,000.  The state total limited English 
  3.19  proficiency programs revenue for fiscal year 1999 equals 
  3.20  $16,092,000.  The state total limited English proficiency 
  3.21  programs revenue for fiscal year 2000 equals $....... 
  3.22     (b) The state total limited English proficiency programs 
  3.23  revenue for later fiscal years equals: 
  3.24     (1) the state total limited English proficiency programs 
  3.25  revenue for the preceding fiscal year; times 
  3.26     (2) the program growth factor under section 125A.76 
  3.27  subdivision 1; times 
  3.28     (3) the ratio of the state total number of pupils with 
  3.29  limited English proficiency for the current fiscal year to the 
  3.30  state total number of pupils with limited English proficiency 
  3.31  for the preceding fiscal year. 
  3.32     Sec. 6.  Minnesota Statutes 1998, section 124D.65, 
  3.33  subdivision 5, is amended to read: 
  3.34     Subd. 5.  [SCHOOL DISTRICT LEP REVENUE.] (a) A school 
  3.35  district's limited English proficiency programs revenue for 
  3.36  fiscal year 1996 and later equals the state total limited 
  4.1   English proficiency programs revenue, minus the amount 
  4.2   determined under paragraph (b), times the ratio of the 
  4.3   district's adjusted limited English proficiency programs base 
  4.4   revenue to the state total adjusted limited English proficiency 
  4.5   programs base revenue. 
  4.6      (b) Notwithstanding paragraph (a), if the limited English 
  4.7   proficiency programs base revenue for a district equals zero, 
  4.8   the limited English proficiency programs revenue equals the sum 
  4.9   of the following amounts, computed using current year data: 
  4.10     (1) ~~68~~ 75 percent of the salary and benefits of one 
  4.11  full-time equivalent teacher for each ~~40~~ 25 pupils of limited 
  4.12  English proficiency enrolled, or ~~68~~ 75 percent of the salary and 
  4.13  benefits of one-half of a full-time teacher in a district 
  4.14  with ~~20~~ 12 or fewer pupils of limited English proficiency 
  4.15  enrolled; and 
  4.16     (2) for supplies and equipment purchased or rented for use 
  4.17  in the instruction of pupils of limited English proficiency an 
  4.18  amount equal to 47 percent of the sum actually spent by the 
  4.19  district but not to exceed an average of $47 in any one school 
  4.20  year for each pupil of limited English proficiency receiving 
  4.21  instruction. 
  4.22     Sec. 7.  Minnesota Statutes 1998, section 126C.05, 
  4.23  subdivision 3, is amended to read: 
  4.24     Subd. 3.  [COMPENSATION REVENUE PUPIL UNITS.] Compensation 
  4.25  revenue pupil units for fiscal year 1998 and thereafter must be 
  4.26  computed according to this subdivision.  
  4.27     (a) The compensation revenue concentration percentage for 
  4.28  each building in a district equals the lesser of 100 or the 
  4.29  product of 100 times the ratio of:  
  4.30     (1) the sum product of the number of pupils enrolled in the 
  4.31  building eligible to receive free lunch plus one-half of the 
  4.32  pupils eligible to receive reduced priced lunch on October 1 of 
  4.33  the previous fiscal year times 1.3 for secondary pupils and 1.0 
  4.34  for all other pupils; to 
  4.35     (2) the number of pupils enrolled in the building on 
  4.36  October 1 of the previous fiscal year. 
  5.1      (b) The compensation revenue pupil weighting factor for a 
  5.2   building equals the ~~lesser of one or the~~ quotient obtained by 
  5.3   dividing the building's compensation revenue concentration 
  5.4   percentage by 80.0.  
  5.5      (c) The compensation revenue pupil units for a building 
  5.6   equals the product of:  
  5.7      (1) the sum of the number of pupils enrolled in the 
  5.8   building eligible to receive free lunch and one-half of the 
  5.9   pupils eligible to receive reduced priced lunch on October 1 of 
  5.10  the previous fiscal year; times 
  5.11     (2) the compensation revenue pupil weighting factor for the 
  5.12  building; times 
  5.13     (3) .60. 
  5.14     The percentages in this subdivision must be based on the 
  5.15  count of individual pupils, including the estimated under count 
  5.16  of secondary students, and not on a building average or minimum. 
  5.17     Sec. 8.  Minnesota Statutes 1998, section 126C.10, 
  5.18  subdivision 4, is amended to read: 
  5.19     Subd. 4.  [BASIC SKILLS REVENUE.] For fiscal year 1999 and 
  5.20  thereafter, a school district's basic skills revenue equals the 
  5.21  sum of: 
  5.22     (1) compensatory revenue under subdivision 3; plus 
  5.23     (2) limited English proficiency revenue according to 
  5.24  section 124D.65, subdivision 5; plus 
  5.25     (3) ~~$190~~ $400 times the limited English proficiency pupil 
  5.26  units according to section 126C.05, subdivision 17; plus 
  5.27     (4) the lesser of:  (i) $22.50 times the number of adjusted 
  5.28  pupil units in kindergarten to grade 8; or (ii) the amount of 
  5.29  district money provided to match basic skills revenue for the 
  5.30  purposes described in section 126C.15. 
  5.31     Sec. 9.  Minnesota Statutes 1998, section 126C.15, 
  5.32  subdivision 2, is amended to read: 
  5.33     Subd. 2.  [BUILDING ALLOCATION.] (a) A district must 
  5.34  allocate its compensatory revenue to each school building in the 
  5.35  district where the children who have generated the revenue are 
  5.36  served. 
  6.1      (b) Notwithstanding paragraph (a), ~~for fiscal years 1999~~ 
  6.2   ~~and 2000,~~ upon approval by the commissioner, a district may 
  6.3   allocate up to five percent of the amount of compensatory 
  6.4   revenue that the district would have received under section 
  6.5   126C.10, subdivision 3, for fiscal year 1998 to school sites 
  6.6   according to a plan adopted by the school board. 
  6.7      (c) For the purposes of this section and section 126C.05, 
  6.8   subdivision 3, "building" means education site as defined in 
  6.9   section 123B.04, subdivision 1. 
  6.10     (d) If the pupil is served at a site other than one owned 
  6.11  and operated by the district, the revenue shall be paid to the 
  6.12  district and used for services for pupils who generate the 
  6.13  revenue. 
  6.14     Sec. 10.  [ENGLISH LANGUAGE LEARNER BEST PRACTICES GRANTS.] 
  6.15     Subdivision 1.  [ESTABLISHMENT.] The commissioner of 
  6.16  children, families, and learning shall make grants to school 
  6.17  districts implementing best practices for English language 
  6.18  learners. 
  6.19     Subd. 2.  [GRANT APPLICATION.] (a) A school district may 
  6.20  submit an application for a best practices grant.  The grant 
  6.21  application must include: 
  6.22     (1) a description of the best practices procedures to be 
  6.23  implemented by the district; 
  6.24     (2) a description of the English language learner 
  6.25  population to be served by the program; and 
  6.26     (3) a list of the outcomes the district expects to meet by 
  6.27  using the best practices program for English language learners. 
  6.28     (b) The commissioner shall establish time lines and 
  6.29  guidelines for the application process.  The commissioner may 
  6.30  request from applicants any additional information that the 
  6.31  commissioner determines necessary. 
  6.32     Subd. 3.  [GRANT AMOUNTS.] The commissioner shall award 
  6.33  grants to qualifying school districts.  The grant amounts shall 
  6.34  not exceed $250 times the number of English language learners to 
  6.35  be served by the best practices program in that district. 
  6.36     Sec. 11.  [STUDY OF UNDER-REPORTING OF ELIGIBILITY FOR FREE 
  7.1   OR REDUCED PRICE MEALS.] 
  7.2      Subdivision 1.  [DEPARTMENT STUDY.] The department of 
  7.3   children, families, and learning must study the differences in 
  7.4   eligibility rates for free or reduced price meals between 
  7.5   elementary and secondary students. 
  7.6      Subd. 2.  [REPORT.] The department must report its findings 
  7.7   to the 2000 legislature and make recommendations to develop a 
  7.8   process that will lead to a more complete count of eligible 
  7.9   students or propose an appropriate weighting factor to eliminate 
  7.10  the under-counting of secondary students eligible for free or 
  7.11  reduced price meals. 
  7.12     Sec. 12.  [APPROPRIATIONS.] 
  7.13     Subdivision 1.  [DEPARTMENT OF CHILDREN, FAMILIES, AND 
  7.14  LEARNING.] The sums indicated in this section are appropriated 
  7.15  from the general fund to the commissioner of children, families, 
  7.16  and learning for the fiscal years designated. 
  7.17     Subd. 2.  [BEST PRACTICES ENGLISH LANGUAGE LEARNER GRANTS.] 
  7.18  For best practices English language learner grants under section 
  7.19  10: 
  7.20       $.,...,...     .....     2000 
  7.21       $.,...,...     .....     2001 
  7.22     Subd. 3.  [LIMITED ENGLISH PROFICIENCY AID.] For limited 
  7.23  English proficiency aid under Minnesota Statutes, section 
  7.24  124D.65: 
  7.25       $.,...,...     .....     2000 
  7.26       $.,...,...     .....     2001 
  7.27     Sec. 13.  [EFFECTIVE DATE.] 
  7.28     Sections 1 to 12 are effective for revenue for fiscal years 
  7.29  2000 and later.