2001 Minnesota Statutes

     125B.25 Telecommunications access revenue. 

    Subdivision 1.    Costs to be submitted.  A district 
 shall submit its outstanding ongoing or recurring 
 telecommunications access costs associated with data and video 
 connections to the department of children, families, and 
 learning.  Costs of telecommunications hardware or equipment 
 must not be included in the costs submitted by districts to the 
 department.  A district may include installation charges 
 associated with new lines or upgraded lines, but may not include 
 costs of hardware or equipment. 

    Subd. 2.    Guaranteed minimum access.  (a) The ongoing 
 or recurring telecommunications access costs submitted to the 
 department by each district under this section are limited to 
 the operation costs equal to the greater of: 

    (1) one data or video connection that relies on a transport 
 medium that operates at a minimum speed of 1.544 megabytes per 
 second for each elementary school, middle school, or high school 
 under section 120A.05, subdivisions 9, 11, and 13; or 

    (2) one data or video connection that relies on a transport 
 medium that operates at a minimum speed of 1.544 megabytes per 
 second for each district. 

    (b) A district may include costs associated with 
 cooperative arrangements with other post-secondary institutions, 
 school districts, and community and regional libraries in its 
 geographic region.  A district may continue to purchase its 
 ongoing or recurring telecommunications access services through 
 existing contracts. 

    Subd. 3.    E-rates.  To be eligible for revenue under 
 this section, a district is required to file an e-rate 
 application either separately or through their 
 telecommunications grant cluster.  Discounts received on 
 telecommunications expenditures shall be used to offset the 
 amount submitted to the department for per pupil revenue under 
 this section. 

    Subd. 4.    Calculation of costs.  By December 15 of 
 each year, the commissioner shall calculate the ongoing or 
 recurring telecommunications access cost per adjusted marginal 
 cost pupil unit submitted by each school district under 
 subdivisions 1 and 2 for the year in which the data is submitted 
 minus the reserved revenue under section 126C.10, subdivision 
 13, paragraph (d).  Districts shall submit their anticipated 
 ongoing or recurring telecommunications access costs, adjusted 
 for any e-rate revenue received to the department based on 
 contracts entered into by the district for that school year.  
 Districts shall also submit their actual telecommunications 
 access costs by August 15 of each year and adjusted for any 
 e-rate revenue received to the department as prescribed by the 
 commissioner. 

    Subd. 5.    District revenue.  A district shall receive 
 an amount equal to the amount as calculated by the commissioner 
 under subdivision 4, times the adjusted marginal cost pupil 
 units for that year, times 65 percent. 

    Subd. 6.    Revenue for charter schools.  (a) Each 
 charter school shall receive revenue equal to the greater of: 

    (1) the per marginal cost pupil unit amount for the 
 district in which the charter school is located as determined by 
 the commissioner according to subdivision 4; or 

    (2) $5; 

 times the adjusted marginal cost pupil units for that year, 
 times 65 percent. 

    (b) A charter school's revenue under this subdivision must 
 be used to pay for ongoing or recurring telecommunication access 
 costs, including access to data and video connections, including 
 Internet access. 

    Subd. 7.    Telecommunication access services for 
 nonpublic schools.  (a) Districts shall provide each year upon 
 formal request by or on behalf of a nonpublic school, not 
 including home schools, located in that district or area, 
 ongoing or recurring telecommunication access services to the 
 nonpublic school either through existing district providers or 
 through separate providers. 

    (b) The amount of district revenue for telecommunication 
 access services for each nonpublic school under this subdivision 
 is equal to: 

    (1) $5; plus 

    (2) the per marginal cost pupil unit amount for the 
 district as determined in subdivision 5; times the number of 
 pupils who are enrolled at the nonpublic school as of October 1 
 of the current school year. 

    (c) Each year, a district providing services under 
 paragraph (a) may claim up to five percent of the revenue 
 determined in paragraph (b) for costs of administering this 
 subdivision.  No district may expend an amount for these 
 telecommunication access services which exceeds the amount 
 allocated under this subdivision.  The nonpublic school is 
 responsible for the telecommunications access costs not covered 
 by this section. 

    (d) At the request of a nonpublic school, districts may 
 allocate the amount determined in paragraph (b) directly to the 
 nonpublic school to pay for or offset the nonpublic school's 
 costs for telecommunication access services, however, the amount 
 allocated directly to the nonpublic school may not exceed the 
 actual amount of the school's ongoing or recurring 
 telecommunication access costs.  

    Subd. 8.    Reimbursement criteria.  The commissioner, 
 working with the commissioner of administration and the 
 Minnesota education telecommunications council, shall develop 
 reimbursement criteria that schools must address when submitting 
 ongoing or recurring telecommunications costs as determined in 
 subdivisions 1 and 2.  The criteria must assist schools to 
 procure telecommunications access services in the most efficient 
 and cost-effective manner possible. 

    Subd. 9.    Expiration.  This section expires on July 1, 
 2002. 

    Subd. 10.    Severability.  If any portion of this 
 section is found by a court to be unconstitutional, the 
 remaining portions of the section shall remain in effect. 

    HIST: 2000 c 489 art 5 s 8; 1Sp2001 c 6 art 4 s 12-14