HF 223

as introduced - 88th Legislature (2013 - 2014) Posted on 01/31/2013 01:17pm

A bill for an act
relating to education; creating choice scholarships; authorizing rulemaking;
appropriating money; proposing coding for new law in Minnesota Statutes,
chapter 124D.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [124D.035] CHOICE SCHOLARSHIPS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this
section.
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new text begin (b) "Eligible individual" means an individual who:
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new text begin (1) is a resident of Minnesota;
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new text begin (2) meets age requirements under section 120A.20, subdivision 1;
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new text begin (3) either has been or is currently enrolled in a public school;
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new text begin (4) is a member of a household with an annual income of not more than 150 percent
of the amount required for the individual to qualify for the federal free or reduced-price
lunch program; and
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new text begin (5) either:
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new text begin (i) was enrolled in grade 1 through 12 in a district or charter school for at least two
semesters immediately preceding the first semester for which the individual receives a
choice scholarship under this section; or
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new text begin (ii) received a choice scholarship under this section in a preceding school year,
including a school year that does not immediately precede a school year in which the
individual receives a choice scholarship under this section.
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new text begin (c) "Eligible school" means a nonpublic elementary or high school that:
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new text begin (1) is located in Minnesota;
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new text begin (2) requires an eligible individual to pay tuition to attend;
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new text begin (3) voluntarily agrees to enroll an eligible individual;
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new text begin (4) is accredited by an accrediting agency, recognized according to section
123B.445, or recognized by the commissioner;
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new text begin (5) administers all statewide testing required under section 120B.30; and
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new text begin (6) submits to the department data necessary for the commissioner to complete all
reports under section 120B.36.
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new text begin Subd. 2. new text end

new text begin Autonomy of nonpublic schools. new text end

new text begin (a) It is the intent of the legislature to
honor the autonomy of nonpublic schools that choose to become eligible schools under
this section. A nonpublic eligible school is not an agent of the state or federal government,
therefore:
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new text begin (1) the department or any other state agency may not in any way regulate the
educational program of a nonpublic eligible school that accepts a choice scholarship
under this section, including the regulation of curriculum content, religious instruction or
activities, classroom teaching, teacher and staff hiring requirements, and other activities
carried out by the eligible school;
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new text begin (2) the creation of the choice scholarship program does not expand the regulatory
authority of the state, state's officers, or school districts to impose additional regulation
of nonpublic schools beyond those necessary to enforce the requirements of the choice
scholarship program under this section; and
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new text begin (3) an eligible school shall be given the freedom to provide for the educational needs
of students without governmental controls.
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new text begin (b) The department shall make random visits to at least five percent of eligible
schools to verify that the eligible school complies with the provisions of this section and
the Constitutions of the state of Minnesota and the United States. Each eligible school
shall grant the department reasonable access to its premises, including access to the
school's grounds, buildings, and property. Each year, the principal of each eligible school
shall certify, under penalties of perjury under section 609.48, to the department that the
eligible school is complying with the requirements of this section. The department shall
develop a process for eligible schools to follow to make certifications.
new text end

new text begin Subd. 3. new text end

new text begin Eligibility for scholarships; limit on number of scholarships. new text end

new text begin (a)
Subject to paragraph (b), an eligible individual is entitled to a choice scholarship under
this section for each school year that the eligible student enrolls in an eligible school.
new text end

new text begin (b) The department may not award more than:
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new text begin (1) 1,500 choice scholarships for the 2014-2015 school year; and
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new text begin (2) 3,000 choice scholarships for the 2015-2016 school year.
new text end

new text begin The department shall establish the standards used to allocate choice scholarships
among eligible students.
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new text begin Subd. 4. new text end

new text begin Maximum amount of scholarship. new text end

new text begin The maximum amount to which an
eligible individual is entitled under this section for a school year is equal to the least of
the following:
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new text begin (1) the sum of the tuition and fees required for enrollment or attendance of the
eligible individual at the eligible school selected by the eligible individual for a school
year that the eligible individual or the parent of the eligible individual would otherwise
be obligated to pay to the eligible school;
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new text begin (2) an amount equal to:
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new text begin (i) 90 percent of the state tuition support amount determined under subdivision 5 of
this section if the eligible individual is a member of a household with an annual income
of not more than the amount required for the individual to qualify for the federal free or
reduced-price lunch program; and
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new text begin (ii) 50 percent of the state tuition support amount determined under subdivision 5 of
this section if the eligible individual is a member of a household with an annual income
of not more than 150 percent of the amount required for the individual to qualify for the
federal free or reduced-price lunch program; and
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new text begin (3) if the eligible individual is enrolled in grade 1 through 8, the maximum choice
scholarship that the eligible individual may receive for a school year is $4,500.
new text end

new text begin Subd. 5. new text end

new text begin Determination of state tuition support. new text end

new text begin The state tuition amount to be
used in subdivision 4, clause (2), for an eligible individual equals the general education
revenue under section 126C.10 for the eligible individual's resident district in the
preceding school year divided by the average daily membership in the eligible individual's
resident district for the preceding school year.
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new text begin Subd. 6. new text end

new text begin Partial school years. new text end

new text begin If an eligible individual enrolls in an eligible school
for less than an entire school year, the choice scholarship provided under this section for
that school year shall be reduced on a prorated basis to reflect the shorter school term. An
eligible individual is entitled to only one choice scholarship for each school year. If the
eligible individual leaves the eligible school for which the eligible individual was awarded
a choice scholarship and enrolls in another eligible school, then that eligible individual is
responsible for the payment of any tuition required for the remainder of that school year.
new text end

new text begin Subd. 7. new text end

new text begin Forms and methods for determining eligibility. new text end

new text begin The department may
prescribe forms and methods for demonstrating eligibility for a choice scholarship under
this section.
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new text begin Subd. 8. new text end

new text begin Distribution to both eligible individual and school. new text end

new text begin The department may
distribute any part of a choice scholarship to the eligible individual or the parent of the
eligible individual for the purpose of paying the educational costs described in subdivision
4 of this section. For the distribution to be valid, the distribution must be endorsed by
both the eligible individual or the parent of the eligible individual and the eligible school
providing educational services to the eligible individual.
new text end

new text begin Subd. 9. new text end

new text begin Scholarship not treated as income. new text end

new text begin The amount of a choice scholarship
provided to an eligible individual shall not be treated as income or a resource for the
purposes of qualifying for any other federal or state grant or program administered by the
state or a political subdivision.
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2014-2015 school year and
later.
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Sec. 2. new text begin RULEMAKING.
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new text begin The department shall adopt rules under Minnesota Statutes, chapter 14, to implement
section 1.
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Sec. 3. new text begin APPROPRIATION.
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new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sums indicated in this section are
appropriated from the general fund to the commissioner of education for the fiscal years
designated.
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new text begin Subd. 2. new text end

new text begin Choice scholarships. new text end

new text begin For choice scholarships under Minnesota Statutes,
section 124D.035:
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new text begin $ new text end

new text begin ....... new text end

new text begin ..... new text end

new text begin 2015 new text end