HF 2099

Introduction - 80th Legislature (1997 - 1998)

Posted on 12/15/2009 12:00 a.m.

  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 1996, section 120.062, 
  1.5             subdivisions 3, 7, 11, and by adding a subdivision; 
  1.6             proposing coding for new law in Minnesota Statutes, 
  1.7             chapter 124A. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 120.062, 
  1.10  subdivision 3, is amended to read: 
  1.11     Subd. 3.  [CLOSED DISTRICTS; LIMITED ENROLLMENT 
  1.12  DISTRICTS.] (a) A school board may, by resolution, determine 
  1.13  that nonresident pupils may not attend any of its schools or 
  1.14  programs according to this section, unless paragraph (b) applies.
  1.15     (b) A school board of a school district having an 
  1.16  administrative office within the seven-county metropolitan area 
  1.17  and having a lower percentage of enrolled students of color than 
  1.18  the percentage of enrolled students of color in the seven-county 
  1.19  metropolitan area may, by resolution, limit the number of 
  1.20  nonresident pupils who attend any of its schools or programs 
  1.21  under this section to one percent of the district's total 
  1.22  enrollment at each grade level.  The commissioner, after at 
  1.23  least consulting with recognized experts on the issue of race 
  1.24  and poverty at the University of Minnesota, annually shall 
  1.25  determine, by a date that accommodates the application deadlines 
  1.26  of this program, the percentage of enrolled students of color in 
  2.1   the seven-county metropolitan area and the percentage of 
  2.2   enrolled students of color in each school district having an 
  2.3   administrative office within the seven-county metropolitan area. 
  2.4      (c) A school board that limits the enrollment of 
  2.5   nonresident students under paragraph (b) must give first 
  2.6   priority to enrolling all interested students who: 
  2.7      (1) reside in a school district in which at least 25 
  2.8   percent of the enrolled students are eligible to receive a free 
  2.9   or reduced price school meal; 
  2.10     (2) are eligible to receive a free or reduced price school 
  2.11  meal; and 
  2.12     (3) are students of color. 
  2.13     (d) The parent or guardian of an eligible student under 
  2.14  paragraph (c) may appeal the decision of a school board to 
  2.15  refuse to enroll the student to an administrative law judge.  
  2.16  The administrative law judge shall hold a contested case hearing 
  2.17  under chapter 14 to determine if a school board, which refuses 
  2.18  to enroll the student, must enroll the student under the 
  2.19  criteria in this section.  The decision of the administrative 
  2.20  law judge shall be the final decision of the school board.  The 
  2.21  school board of the school district in which the student seeks 
  2.22  to enroll shall pay all hearing costs. 
  2.23     (e) A school board that limits the enrollment of 
  2.24  nonresident students under paragraph (b) is prohibited from 
  2.25  increasing racial segregation in that school district and in the 
  2.26  school district from which the student is transferring as a 
  2.27  result of enrolling students under this section. 
  2.28     Sec. 2.  Minnesota Statutes 1996, section 120.062, 
  2.29  subdivision 7, is amended to read: 
  2.30     Subd. 7.  [BASIS FOR DECISIONS.] The school board must 
  2.31  adopt, by resolution, specific standards for acceptance 
  2.32  accepting and rejection of rejecting applications.  Standards 
  2.33  may include the capacity of a program, class, grade level, or 
  2.34  school building.  Standards may not include previous academic 
  2.35  achievement, athletic or other extracurricular ability, 
  2.36  disabling conditions, proficiency in the English language, or 
  3.1   previous disciplinary proceedings.  A school board enrolling 
  3.2   nonresident students under subdivision 3, paragraphs (b) through 
  3.3   (e), may not reject applications from eligible students for 
  3.4   enrollment in a particular grade level if the nonresident 
  3.5   enrollment at that grade level does not exceed one percent of 
  3.6   the district's total enrollment for that grade. 
  3.7      Sec. 3.  Minnesota Statutes 1996, section 120.062, is 
  3.8   amended by adding a subdivision to read: 
  3.9      Subd. 9a.  [TRANSPORTATION; DESEGREGATION DISTRICT 
  3.10  TRANSFERS.] (a) Notwithstanding subdivision 9, if requested by 
  3.11  the parent of a pupil who is a resident of a school district 
  3.12  that has a desegregation plan approved by the commissioner of 
  3.13  children, families, and learning, the resident school district 
  3.14  shall provide transportation services from the pupil's residence 
  3.15  to the school actually attended. 
  3.16     (b) The state shall pay state aid to the resident school 
  3.17  district equal to the actual expenditures of the school district 
  3.18  for transportation services provided under this subdivision. 
  3.19     (c) The school district may, at the district's discretion: 
  3.20     (1) provide transportation services directly; 
  3.21     (2) contract with another school district or a private 
  3.22  carrier for the services; or 
  3.23     (3) reimburse the pupil's parent for the lesser of the 
  3.24  actual costs of transportation or 31 cents per mile. 
  3.25     Sec. 4.  Minnesota Statutes 1996, section 120.062, 
  3.26  subdivision 11, is amended to read: 
  3.27     Subd. 11.  [INFORMATION.] (a) A district that does not 
  3.28  exclude nonresident pupils according to subdivision 3 that 
  3.29  enrolls students under subdivision 3, paragraphs (b) through 
  3.30  (e), shall, after consulting with the department of children, 
  3.31  families, and learning and the state board of education, make 
  3.32  information about the district, schools, programs, policies, and 
  3.33  procedures available to all interested people., giving first 
  3.34  priority to providing timely, useful, and accessible information 
  3.35  to the families of students who meet the eligibility criteria 
  3.36  under subdivision 3, paragraph (c), and reside in a metropolitan 
  4.1   school district in which at least 25 percent of the enrolled 
  4.2   students are eligible to receive a free or reduced price school 
  4.3   meal.  A district that enrolls a student under subdivision 3, 
  4.4   paragraphs (b) through (e), shall provide ongoing counseling and 
  4.5   guidance services to that student during the entire time the 
  4.6   student is enrolled in the district.  
  4.7      (b) Any district other than a district under paragraph (a) 
  4.8   that does not exclude nonresident pupils shall make information 
  4.9   about the district, schools, programs, policies, and procedures 
  4.10  available to all interested people. 
  4.11     Sec. 5.  [124A.038] [ADDITIONAL ENROLLMENT OPTIONS 
  4.12  PAYMENTS.] 
  4.13     Subdivision 1.  [COUNSELING SERVICES.] The state shall pay 
  4.14  state aid equal to the lesser of a district's actual 
  4.15  expenditures for counseling and guidance services provided to 
  4.16  students of color that enroll in a nonresident district under 
  4.17  section 120.062 or $100 per pupil that enrolls under section 
  4.18  120.062. 
  4.19     Subd. 2.  [TRANSPORTATION SERVICES.] The state shall pay 
  4.20  additional transportation aid to a resident school district 
  4.21  according to section 120.062, subdivision 9a. 
  4.22     Subd. 3.  [EFFICIENCY INCENTIVES.] A school district of 
  4.23  residence and a school district providing instruction to a pupil 
  4.24  that enrolls under section 120.062, are eligible for efficiency 
  4.25  incentives revenue if at least ten pupils from a single 
  4.26  attendance area choose to attend the same nonresident school 
  4.27  program.  Efficiency incentives revenue is equal to $100 times 
  4.28  the number of nonresident pupils enrolled in the same 
  4.29  nonresident school program.  Efficiency incentives revenue must 
  4.30  be used for expenditures related to pupils who attend a 
  4.31  nonresident school district under section 120.062. 
  4.32     Sec. 6.  [EVALUATION.] 
  4.33     The commissioner of children, families, and learning shall 
  4.34  contract with a recognized expert on the issue of race and 
  4.35  poverty at the University of Minnesota to evaluate the 
  4.36  short-term and long-term impact of the amended provisions of 
  5.1   sections 1 to 3 on student performance, including at least 
  5.2   student achievement and attendance, and on the school site, the 
  5.3   student body, the classroom, and the school faculty.  The 
  5.4   evaluation also must consider any applicable financial 
  5.5   implications of these provisions.  School districts must 
  5.6   cooperate fully with the evaluation.  The commissioner of 
  5.7   children, families, and learning shall present to the education 
  5.8   committees of the legislature an interim report by February 1, 
  5.9   1999, and a final report by February 1, 2000. 
  5.10     Sec. 7.  [APPROPRIATIONS.] 
  5.11     Subdivision 1.  [DEPARTMENT OF CHILDREN, FAMILIES, AND 
  5.12  LEARNING.] The sums indicated in this section are appropriated 
  5.13  from the general fund to the commissioner of children, families, 
  5.14  and learning in the fiscal years designated. 
  5.15     Subd. 2.  [COUNSELING.] For counseling and guidance 
  5.16  services under section 5: 
  5.17       $.,...,...     .....     1998 
  5.18       $.,...,...     .....     1999 
  5.19     Any balance remaining in the first year does not cancel but 
  5.20  is available in the second year. 
  5.21     Subd. 3.  [TRANSPORTATION SERVICES.] For transportation 
  5.22  services under section 5: 
  5.23       $.,...,...     .....     1998 
  5.24       $.,...,...     .....     1999 
  5.25     Any balance remaining in the first year does not cancel but 
  5.26  is available in the second year. 
  5.27     Subd. 4.  [EFFICIENCY INCENTIVES.] For school districts 
  5.28  achieving efficiencies in student movement under section 5: 
  5.29       $.,...,...     .....     1998 
  5.30       $.,...,...     .....     1999 
  5.31     Any balance remaining in the first year does not cancel but 
  5.32  is available in the second year. 
  5.33     Subd. 5.  [STUDY.] For the purposes of contracting for the 
  5.34  study required under section 6: 
  5.35       $.,...,...     .....     1998 
  5.36       $.,...,...     .....     1999 
  6.1      This appropriation is available until June 30, 1999.