1.1 	A bill for an act
1.2 	relating to education; authorizing general education access grants for students; 
1.3 	amending Minnesota Statutes 2004, section 126C.20; proposing coding for new 
1.4 	law in Minnesota Statutes, chapter 124D.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. [124D.097] GENERAL EDUCATION ACCESS GRANTS.
1.7 		Subdivision 1.Enrollment. (a) A student under this section may enroll in a 
1.8 	Minnesota elementary or secondary school accredited by an accrediting agency recognized 
1.9 	under section 123B.445, or recognized by the commissioner, and is eligible to receive an 
1.10 	access grant for the cost of attendance if:
1.11 	(1) the household income of the student's parent or guardian does not exceed 250 
1.12 	percent of the federal poverty guidelines, adjusted for family size, at the time of initial 
1.13 	application; 
1.14 	(2) the student resides within and is enrolled in either Special School District No. 
1.15 	1, Minneapolis, or Independent School District No. 625, St. Paul, at the time of initial 
1.16 	application; and
1.17 	(3) the student's application for an access grant is approved by the commissioner. 
1.18 	(b) Subject to the requirements of paragraphs (c) and (d), the commissioner must 
1.19 	pool and act on applications properly submitted in the form and manner the commissioner 
1.20 	prescribes by April 1 for the following school year and the commissioner must act on 
1.21 	subsequent applications in the order they are received.  The commissioner shall notify an 
1.22 	applicant in writing of the status of the application.
1.23 	(c) In fiscal year 2007, the total number of approved student access grant applications 
1.24 	for residents of each school district shall not exceed three percent of the previous year's 
2.1 	enrollment for each school district.  If the number of initial applications exceeds the limit 
2.2 	under this paragraph as of the date established by the commissioner, the approved access 
2.3 	grants shall be selected by lot.
2.4 	(d) In fiscal years 2008 through 2011, the limit on the total number of approved 
2.5 	student access grant applications for residents of each school district shall increase 
2.6 	annually by three percent.  Eligible applications submitted by current student access grant 
2.7 	recipients for initial action by March 1 shall be approved and are not subject to random 
2.8 	selection.  If other initial student access grant applications combine to exceed the limit 
2.9 	under this paragraph, the approved access grants shall be selected by lot.  The total number 
2.10 	of approved applications for residents of each school district in fiscal year 2012 and later 
2.11 	shall not exceed the total number of approved applications for fiscal year 2011. 
2.12 		Subd. 2.Funding. (a) On a regular basis, as determined by the commissioner 
2.13 	but at least quarterly, access grant payments shall be made to the parent or guardian of 
2.14 	an approved student applicant in the form of a check that the parent or guardian must 
2.15 	restrictively endorse to the school providing the instruction.  Access grant payments are 
2.16 	financial assistance solely to the parent or guardian primarily responsible for ensuring that 
2.17 	the child acquires knowledge and skills under section 120A.22.
2.18 	(b) The total amount of the access grant for any school year shall not exceed the 
2.19 	tuition and fees charged at the school where the student is enrolled and attending, or the 
2.20 	formula allowance under section 126C.10, subdivision 2, whichever is less.  In addition, 
2.21 	any increase in the total amount of school tuition and fees charged to students receiving 
2.22 	access grants in any year following the 2005-2006 school year cannot exceed the percent 
2.23 	increase in the formula allowance between the preceding and current fiscal year.  The 
2.24 	commissioner shall recognize only tuition and fees that are equal to what comparable 
2.25 	students are charged who do not receive access grants.
2.26 	(c) Before distributing payments, the commissioner must require the parent or 
2.27 	guardian to submit information, in the form and manner prescribed by the commissioner, 
2.28 	needed to validate the cost of attendance and the student's enrollment status.  The 
2.29 	commissioner shall prorate the access grant if the student is enrolled for only part of 
2.30 	the school year.
2.31 	(d) The commissioner must withhold access grant payments if the commissioner 
2.32 	reasonably believes that false information about the cost of attendance or the student's 
2.33 	enrollment status has been intentionally submitted by an involved party.  The commissioner 
2.34 	shall audit and verify submitted information using program integrity guidelines adopted 
2.35 	by the commissioner.
3.1 	(e) To receive general education revenue and other applicable revenue program 
3.2 	funds, a school district may include a resident student receiving aid under this section in 
3.3 	its total pupil count for up to three years as follows:
3.4 	(1) for the first year, 100 percent of resident students receiving access grants; 
3.5 	(2) for the second year, two-thirds of resident students receiving access grants; 
3.6 	(3) for the third year, one-third of resident students receiving access grants; and 
3.7 	(4) for the fourth and subsequent years, resident students receiving access grants are 
3.8 	not included in a school district's total pupil count.
3.9 	The commissioner shall reduce the amount of state aids a district receives under 
3.10 	this paragraph by the amount of access grant payments disbursed on behalf of resident 
3.11 	students receiving access grants.
3.12 		Subd. 3.Assessment. A student receiving an access grant under this section shall 
3.13 	participate in the statewide testing and reporting system under section 120B.30.  The 
3.14 	commissioner shall arrange for the time and location of any required assessments.  The 
3.15 	commissioner shall report individual student results to the student's parent or guardian 
3.16 	and to the school providing instruction.  The commissioner shall report aggregate results 
3.17 	to the public.
3.18 		Subd. 4.Conference. The commissioner shall offer an informal conference as a 
3.19 	form of dispute resolution to applicants and recipients adversely affected by an agency 
3.20 	action. 

3.21 	EFFECTIVE DATE. This section is effective the day following final enactment.

3.22 	Sec. 2. Minnesota Statutes 2004, section 126C.20, is amended to read:
3.23 	126C.20 ANNUAL GENERAL EDUCATION AID APPROPRIATION.
3.24 	There is annually appropriated from the general fund to the department the amount 
3.25 	necessary for general education aid and general education access grants. This amount 
3.26 	must be reduced by the amount of any money specifically appropriated for the same 
3.27 	purpose in any year from any state fund.

3.28 	EFFECTIVE DATE. This section is effective the day following final enactment.