1.1                          A bill for an act 
  1.2             relating to education; changing funding for adult 
  1.3             basic education programs; establishing an adult 
  1.4             education policy review board; appropriating money; 
  1.5             amending Minnesota Statutes 1998, section 124D.52, 
  1.6             subdivision 2, and by adding a subdivision; Laws 1999, 
  1.7             chapter 205, article 4, section 12, subdivision 5; 
  1.8             proposing coding for new law in Minnesota Statutes, 
  1.9             chapter 124D; repealing Minnesota Statutes 1998, 
  1.10            section 124D.53. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1998, section 124D.52, 
  1.13  subdivision 2, is amended to read: 
  1.14     Subd. 2.  [PROGRAM APPROVAL.] (a) To receive aid under this 
  1.15  section, a district, a consortium of districts, or a private 
  1.16  nonprofit organization must submit an application by June 1 
  1.17  describing the program, on a form provided by the department.  
  1.18  The program must be approved by the commissioner according to 
  1.19  the following criteria:  
  1.20     (1) how the needs of different levels of learning will be 
  1.21  met; 
  1.22     (2) for continuing programs, an evaluation of results; 
  1.23     (3) anticipated number and education level of participants; 
  1.24     (4) coordination with other resources and services; 
  1.25     (5) participation in a consortium, if any, and money 
  1.26  available from other participants; 
  1.27     (6) management and program design; 
  1.28     (7) volunteer training and use of volunteers; 
  2.1      (8) staff development services; 
  2.2      (9) program sites and schedules; and 
  2.3      (10) program expenditures that qualify for aid.  
  2.4      (b) The commissioner may grant adult basic education funds 
  2.5   to a private, nonprofit organization to provide services that 
  2.6   are not offered by a district or that are supplemental to a 
  2.7   district's program.  The program provided under this provision 
  2.8   must be approved and funded according to the same criteria used 
  2.9   for district programs. 
  2.10     (c) Adult basic education programs may be approved under 
  2.11  this subdivision for up to five years.  Five-year program 
  2.12  approval must be granted to an applicant who has demonstrated 
  2.13  the capacity to: 
  2.14     (1) offer comprehensive learning opportunities and support 
  2.15  service choices appropriate for and accessible to adults at all 
  2.16  basic skill need levels; 
  2.17     (2) provide a participatory and experiential learning 
  2.18  approach based on the strengths, interests, and needs of each 
  2.19  adult, that enables adults with basic skill needs to: 
  2.20     (i) identify, plan for, and evaluate their own progress 
  2.21  toward achieving their defined educational and occupational 
  2.22  goals; 
  2.23     (ii) master the basic academic reading, writing, and 
  2.24  computational skills, as well as the problem-solving, decision 
  2.25  making, interpersonal effectiveness, and other life and learning 
  2.26  skills they need to function effectively in a changing society; 
  2.27     (iii) locate and be able to use the health, governmental, 
  2.28  and social services and resources they need to improve their own 
  2.29  and their families' lives; and 
  2.30     (iv) continue their education, if they desire, to at least 
  2.31  the level of secondary school completion, with the ability to 
  2.32  secure and benefit from continuing education that will enable 
  2.33  them to become more employable, productive, and responsible 
  2.34  citizens; 
  2.35     (3) plan, coordinate, and develop cooperative agreements 
  2.36  with community resources to address the needs that the adults 
  3.1   have for support services, such as transportation, flexible 
  3.2   course scheduling, convenient class locations, and child care; 
  3.3      (4) collaborate with business, industry, labor unions, and 
  3.4   employment-training agencies, as well as with family and 
  3.5   occupational education providers, to arrange for resources and 
  3.6   services through which adults can attain economic 
  3.7   self-sufficiency; 
  3.8      (5) provide sensitive and well trained adult education 
  3.9   personnel who participate in local, regional, and statewide 
  3.10  adult basic education staff development events to master 
  3.11  effective adult learning and teaching techniques; 
  3.12     (6) participate in regional adult basic education peer 
  3.13  program reviews and evaluations; and 
  3.14     (7) submit accurate and timely performance and fiscal 
  3.15  reports.  
  3.16     Sec. 2.  Minnesota Statutes 1998, section 124D.52, is 
  3.17  amended by adding a subdivision to read: 
  3.18     Subd. 6.  [COOPERATIVE ENGLISH AS A SECOND LANGUAGE AND 
  3.19  ADULT BASIC EDUCATION PROGRAMS.] (a) A school district, or adult 
  3.20  basic education consortium that receives revenue under section 
  3.21  124D.531 may deliver English as a second language, citizenship, 
  3.22  or other adult education programming in collaboration with 
  3.23  community-based and nonprofit organizations located within its 
  3.24  district or region, and with correctional institutions.  The 
  3.25  organization or correctional institution must have the 
  3.26  demonstrated capacity to offer education programs for adults.  
  3.27  Community-based or nonprofit organizations must meet the 
  3.28  criteria in paragraph (b) or have prior experience.  A 
  3.29  community-based or nonprofit organization or a correctional 
  3.30  institution may be reimbursed for the actual unreimbursed cost 
  3.31  of administration for English as a second language or adult 
  3.32  basic education programs not to exceed eight percent of the 
  3.33  total funds provided by a school district or adult basic 
  3.34  education consortium.  The administrative reimbursement for a 
  3.35  school district or adult basic education consortium that 
  3.36  delivers services cooperatively with a community-based or 
  4.1   nonprofit organization or correctional institution is limited to 
  4.2   eight percent of the program aid not to exceed the unreimbursed 
  4.3   expenses of administering programs delivered by community-based 
  4.4   or nonprofit organizations or correctional institutions.  
  4.5      (b) A community-based organization or nonprofit 
  4.6   organization that delivers education services under this section 
  4.7   must demonstrate that it has met the following criteria: 
  4.8      (1) be legally established as a nonprofit organization; 
  4.9      (2) have an established system for fiscal accounting and 
  4.10  reporting that is consistent with the department of children, 
  4.11  families, and learning's ABE completion report and reporting 
  4.12  requirements under section 124D.531; 
  4.13     (3) require all instructional staff to complete a training 
  4.14  course in teaching adult learners; and 
  4.15     (4) develop a learning plan for each student that 
  4.16  identifies defined educational and occupational goals with 
  4.17  measures to evaluate progress.  
  4.18     Sec. 3.  [124D.521] [ADULT BASIC EDUCATION POLICY REVIEW 
  4.19  BOARD.] 
  4.20     Subdivision 1.  [ESTABLISHMENT.] A seven member adult basic 
  4.21  education policy review board is established to advise the 
  4.22  commissioner on program and funding policies for adult basic 
  4.23  education programs that receive aid under section 124D.531.  The 
  4.24  commissioner must appoint board members to two-year terms 
  4.25  beginning in October 2000.  Members do not receive per diem, but 
  4.26  may be reimbursed for expenses as specified in section 15.059, 
  4.27  subdivision 3.  At a minimum, the board must hold two meetings a 
  4.28  year.  All other matters of the review board's operation, except 
  4.29  expiration of the board under subdivision 4, are governed by 
  4.30  section 15.069. 
  4.31     Subd. 2.  [MEMBERSHIP.] Members are appointed from a list 
  4.32  of candidates provided to the commissioner by the Minnesota 
  4.33  community education association by August 15 of the even 
  4.34  numbered years.  The list must have four recommended candidates 
  4.35  from rural ABE programs, four from suburban ABE programs, four 
  4.36  from urban ABE programs, and two candidates from nonprofit 
  5.1   organizations that provide ABE services or provide support 
  5.2   services to ABE programs.  The commissioner must appoint two 
  5.3   members of the board from rural programs, two members from 
  5.4   suburban programs, two members from urban programs, and one 
  5.5   member from the nonprofit group.  Members of the legislature and 
  5.6   representatives of other concerned groups may be included as ex 
  5.7   officio members of the board.  
  5.8      Subd. 3.  [DUTIES.] The policy review board must: 
  5.9      (1) recommend to the legislature a mission statement for a 
  5.10  statewide system of adult basic education programs that includes 
  5.11  educational outcomes, services, eligible learners, requirements 
  5.12  for teacher licensing, expectations for student advancement and 
  5.13  progress, and recognition of the importance of distance learning 
  5.14  and other technology-based instruction methods; 
  5.15     (2) advise the commissioner on adult basic education 
  5.16  standard policies and procedures; 
  5.17     (3) advise the commissioner on the adult basic education 
  5.18  curriculum and course offerings including policies to offer 
  5.19  computer literacy and other skill based education through adult 
  5.20  basic education programs; 
  5.21     (4) recommend to the legislature an outcome-based adult 
  5.22  basic education funding system that rewards and recognizes 
  5.23  student progress in attaining educational goals; 
  5.24     (5) review statewide grant applications for supplemental 
  5.25  services under section 124D.522. 
  5.26     Subd. 4.  [EXPIRATION.] The adult basic education policy 
  5.27  review board expires on September 30, 2003. 
  5.28     Sec. 4.  [124D.522] [ABE SUPPLEMENTAL SERVICE GRANTS.] 
  5.29     The commissioner in consultation with the policy review 
  5.30  board under section 124D.521, may make grants to nonprofit 
  5.31  organizations to provide services that are not offered by a 
  5.32  district ABE program or that are supplemental to either the 
  5.33  statewide ABE program or a district's ABE program.  The 
  5.34  commissioner may make grants for:  staff development for ABE 
  5.35  teachers and administrators; training for volunteer tutors; 
  5.36  training, services, and materials for serving disabled students 
  6.1   through ABE programs; statewide promotion of ABE services and 
  6.2   programs; development and dissemination of instructional and 
  6.3   administrative technology for ABE programs; ABE distance 
  6.4   learning projects; and other supplemental services to support 
  6.5   the mission of ABE and innovative delivery of ABE services.  The 
  6.6   commissioner must establish eligibility criteria and grant 
  6.7   application procedures.  Grants under this section must support 
  6.8   services throughout the state, focus on educational results for 
  6.9   adult learners, and promote outcome-based achievement through 
  6.10  ABE programs.  Eligible organizations must provide an equal 
  6.11  match for state grant funds.  The commissioner may make grants 
  6.12  under this section from funds specifically appropriated for 
  6.13  supplemental service grants.  A grant to a single organization 
  6.14  must be for two years or less and cannot exceed $........  
  6.15  Nothing in this section prevents an approved ABE program from 
  6.16  using state or federal aid to purchase supplemental services. 
  6.17     Sec. 5.  [124D.531] [ADULT BASIC EDUCATION AID.] 
  6.18     Subdivision 1.  [ADULT BASIC EDUCATION AID.] For fiscal 
  6.19  year 2001 and later, adult basic education aid for each adult 
  6.20  basic education program approved under section 124D.52 equals 
  6.21  the sum of the base population aid, the adult learner aid, and 
  6.22  the adult basic education instruction aid under this section.  
  6.23  Adult basic education aid must not exceed the unreimbursed costs 
  6.24  of the program approved under section 124D.52.  For fiscal year 
  6.25  2001 only, a program's adult basic education aid is equal to the 
  6.26  greater of the adult education aid under this section or 77 
  6.27  percent of the fiscal year 2000 adult basic education aid under 
  6.28  section 124D.54. 
  6.29     Subd. 2.  [BASE POPULATION AID.] The base population aid 
  6.30  for each district with an approved adult basic education program 
  6.31  equals the greater of $4,000 or $1.80 times the population of 
  6.32  the district as determined according to section 275.14.  Base 
  6.33  population aid must be paid directly to the participating school 
  6.34  district for the purposes of adult basic education.  
  6.35     Subd. 3.  [ADULT LEARNER AID.] The adult learner aid for 
  6.36  each district with an approved adult basic education program 
  7.1   equals the sum of: 
  7.2      (1) $2.95 times the number of adults over the age of 20 
  7.3   living in the district without a high school diploma or its 
  7.4   equivalent according to the most recent United States decennial 
  7.5   census of population; 
  7.6      (2) $40 times the number of pupils of limited English 
  7.7   proficiency enrolled in the district during the previous fiscal 
  7.8   year as reported under section 124D.65; and 
  7.9      (3) $300 times the number of high school dropouts in the 
  7.10  district in the previous fiscal year as reported by the 
  7.11  department of children, families, and learning. 
  7.12     Subd. 4.  [ADULT BASIC EDUCATION INSTRUCTION AID.] Adult 
  7.13  basic education instruction aid equals $5.70 times the average 
  7.14  number of hours of instruction provided by an approved adult 
  7.15  basic education program in the prior three fiscal years.  For 
  7.16  fiscal year 2002 and later a program's adult basic education 
  7.17  instruction must not exceed 105 percent of the aid in the prior 
  7.18  fiscal year. 
  7.19     Subd. 5.  [PROGRAM AUDIT.] Programs that receive aid under 
  7.20  this section must maintain records that support the aid 
  7.21  payments.  The commissioner may audit these records upon request.
  7.22  The commissioner must establish procedures for conducting fiscal 
  7.23  audits of adult basic education programs.  Beginning with fiscal 
  7.24  year 2001, the commissioner must, at a minimum, audit five adult 
  7.25  education programs each year.  The programs must be selected 
  7.26  from a list of all programs that receive aid under this section 
  7.27  organized by the number of hours of instruction in the prior 
  7.28  fiscal year.  Each year the audited programs must include one 
  7.29  program with 100,000 or more hours of instruction, one program 
  7.30  with 50,000 to 100,000 hours of instruction, and three programs 
  7.31  with less than 50,000 hours of instruction.  The commissioner 
  7.32  must establish procedures to reconcile any discrepancies between 
  7.33  aid payments based on information reported to the commissioner 
  7.34  and aid estimates based on a program audit. 
  7.35     Subd. 6.  [FISCAL REPORTS.] Programs that receive aid under 
  7.36  this section must submit an annual report to the commissioner 
  8.1   that includes revenue and expense reports for each district and 
  8.2   site in the program including instructional services offered in 
  8.3   partnership with businesses and nonprofit organizations. 
  8.4      Subd. 7.  [PRORATION.] If the total appropriations for 
  8.5   adult basic education aid under this section is insufficient to 
  8.6   pay all approved programs the full amount of aid earned, the 
  8.7   commissioner must not prorate aid under subdivision 2, but may 
  8.8   proportionately reduce aid to programs under subdivisions 3 and 
  8.9   4. 
  8.10     Subd. 8.  [INNOVATIVE PROGRAM GRANTS.] If the appropriation 
  8.11  for aid under this section is greater than the amount necessary 
  8.12  to fully fund the formula aid entitlements, the commissioner 
  8.13  must use the remaining funds for grants for innovation in adult 
  8.14  basic education instruction and program delivery.  The 
  8.15  commissioner must establish eligibility criteria and application 
  8.16  procedures for innovative program grants.  Metropolitan and 
  8.17  nonmetropolitan adult basic education programs must share 
  8.18  equally in the grants made under this subdivision. 
  8.19     Sec. 6.  Laws of Minnesota 1999, chapter 205, article 4, 
  8.20  section 12, subdivision 5 is amended to read: 
  8.21     Subd. 5.  [ADULT BASIC EDUCATION AID.] For adult basic 
  8.22  education aid according to Minnesota Statutes, section 124D.52, 
  8.23  in fiscal year 2000 and Minnesota Statutes, section 124D.53 
  8.24  124D.531 in fiscal year 2001:  
  8.25       $20,132,000    .....     2000
  8.26       $22,477,000 $30,963,000   .....     2001 
  8.27     The 2000 appropriation includes $1,227,000 for 1999 and 
  8.28  $18,905,000 for 2000.  
  8.29     The 2001 appropriation includes $2,101,000 for 2000 and 
  8.30  $20,376,000 $28,235,000 for 2001.  
  8.31     Sec. 7.  [SUPPLEMENTAL ADULT BASIC EDUCATION AID; FISCAL 
  8.32  YEAR 2000.] 
  8.33     Notwithstanding Minnesota Statutes, section 124D.53, the 
  8.34  commissioner must distribute the amount of money necessary to 
  8.35  fully fund the adult basic education aid formula for fiscal year 
  8.36  2000 as one-time supplemental aid to ABE programs approved by 
  9.1   the commissioner under Minnesota Statutes, section 124D.52.  The 
  9.2   commissioner must distribute an amount equal to the lesser of:  
  9.3      (1) $5,600,000; or 
  9.4      (2) 77 percent of the total aid calculated for fiscal year 
  9.5   2000 under Minnesota Statutes, section 124D.53, subdivisions 5 
  9.6   and 7.  
  9.7   The supplemental aid is equal to the greater of: 
  9.8      (1) $4,000; or 
  9.9      (2) $1.40 times the district's population according to 
  9.10  section 275.14.  
  9.11     Notwithstanding Minnesota Statutes, section 124D.52, 
  9.12  subdivision 3, ABE programs may carry forward, without penalty, 
  9.13  any unexpended balance of the supplement aid under this section 
  9.14  to fiscal year 2001. 
  9.15     Sec. 8.  [COMPETENCY-BASED ABE AND ESL LICENSE.] 
  9.16     The board of teaching must convene a task force to develop 
  9.17  a competency-based license for teachers of adult basic education 
  9.18  classes and English as a second language classes.  The 
  9.19  competency-based license must be an alternative to the current 
  9.20  licensing requirements.  By January 15, 2002, the board of 
  9.21  teaching must present their recommendations to the committees of 
  9.22  the legislature responsible for teacher licensing and funding of 
  9.23  adult basic education programs including recommendations for 
  9.24  implementing competency-based licensing for teachers of adult 
  9.25  learners. 
  9.26     Sec. 9.  [APPROPRIATIONS.] 
  9.27     Subdivision 1.  [DEPARTMENT OF CHILDREN, FAMILIES, AND 
  9.28  LEARNING.] The sums indicated in this section are appropriated 
  9.29  from the general fund to the department of children, families, 
  9.30  and learning for the fiscal years designated. 
  9.31     Subd. 2.  [ADULT BASIC EDUCATION SUPPLEMENTAL SERVICE 
  9.32  GRANTS.] For adult basic education service grants according to 
  9.33  Minnesota Statutes, section 124D.522: 
  9.34       $.,...,...     .....     2001 
  9.35     Subd. 3.  [SUPPLEMENTAL ADULT BASIC EDUCATION AID.] For 
  9.36  supplemental adult basic education aid for adult basic education 
 10.1   programs according to Minnesota Statutes, section 124D.531: 
 10.2        $5,600,000     .....     2000 
 10.3      This is a one-time appropriation.  Notwithstanding 
 10.4   Minnesota Statutes, section 127A.45, subdivision 13, all aid 
 10.5   under this subdivision is paid in fiscal year 2000. 
 10.6      Subd. 4.  [ADULT BASIC ADMINISTRATION.] For the adult basic 
 10.7   policy review board under section 124D.521 and for 
 10.8   administration of the state adult basic education program 
 10.9   including auditing, technical assistance, and reporting 
 10.10  requirements under this act: 
 10.11       $100,000     .....     2001 
 10.12     This appropriation is added to the fiscal year 2002 and 
 10.13  2003 base. 
 10.14     Sec. 10.  [REPEALER.] 
 10.15     Minnesota Statutes 1998, section 124D.53, is repealed. 
 10.16     Sec. 11.  [EFFECTIVE DATE.] 
 10.17     Sections 7 and 9, subdivision 3, are effective the day 
 10.18  following final enactment.