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Minnesota Legislature

Office of the Revisor of Statutes

HF 821

as introduced - 88th Legislature (2013 - 2014) Posted on 02/22/2013 01:47pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/21/2013

Current Version - as introduced

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A bill for an act
relating to education finance; authorizing funding for voluntary, full-day
kindergarten; providing for school district flexibility; amending Minnesota
Statutes 2012, sections 123B.41, subdivision 7; 126C.05, subdivisions 1, 15;
126C.12, subdivision 5; 126C.126.

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

Section 1.

Minnesota Statutes 2012, section 123B.41, subdivision 7, is amended to read:


Subd. 7.

Elementary pupils.

"Elementary pupils" means pupils in grades
kindergarten through 6; provided, each kindergarten pupil new text beginin a half-day program new text endshall be
counted as one-half pupil for all computations pursuant to sections 123B.40 to 123B.42,
and 123B.44 to 123B.48.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2015.
new text end

Sec. 2.

Minnesota Statutes 2012, section 126C.05, subdivision 1, is amended to read:


Subdivision 1.

Pupil unit.

Pupil units for each Minnesota resident pupil under the
age of 21 or who meets the requirements of section 120A.20, subdivision 1, paragraph (c),
in average daily membership enrolled in the district of residence, in another district under
sections 123A.05 to 123A.08, 124D.03, 124D.08, or 124D.68; in a charter school under
section 124D.10; or for whom the resident district pays tuition under section 123A.18,
123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88, subdivision 4, 124D.04,
124D.05, 125A.03 to 125A.24, 125A.51, or 125A.65, shall be counted according to this
subdivision.

(a) A prekindergarten pupil with a disability who is enrolled in a program approved
by the commissioner and has an individualized education program is counted as the ratio
of the number of hours of assessment and education service to 825 times 1.25 with a
minimum average daily membership of 0.28, but not more than 1.25 pupil units.

(b) A prekindergarten pupil who is assessed but determined not to be disabled is
counted as the ratio of the number of hours of assessment service to 825 times 1.25.

(c) A kindergarten pupil with a disability who is enrolled in a program approved
by the commissioner is counted as the ratio of the number of hours of assessment and
education services required in the fiscal year by the pupil's individualized education
program to 875, but not more than one.

(d) A kindergarten pupil who is not included in paragraph (c)new text begin:
new text end

new text begin (1) new text endis counted as .612 pupil unitsnew text begin for fiscal year 2014 only; and
new text end

new text begin (2) who is participating in a half-day kindergarten program is counted as .612 pupil
units, and who is participating in a full-day kindergarten program is counted as 1.115 pupil
units for fiscal year 2015 and thereafter
new text end.

(e) A pupil who is in any of grades 1 to 3 is counted as 1.115 pupil units for fiscal
year 2000 and thereafter.

(f) A pupil who is any of grades 4 to 6 is counted as 1.06 pupil units for fiscal
year 1995 and thereafter.

(g) A pupil who is in any of grades 7 to 12 is counted as 1.3 pupil units.

(h) A pupil who is in the postsecondary enrollment options program is counted
as 1.3 pupil units.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2014.
new text end

Sec. 3.

Minnesota Statutes 2012, section 126C.05, subdivision 15, is amended to read:


Subd. 15.

Learning year pupil units.

(a) When a pupil is enrolled in a learning
year program under section 124D.128, an area learning center or an alternative learning
program approved by the commissioner under sections 123A.05 and 123A.06, or a
contract alternative program under section 124D.68, subdivision 3, paragraph (d), or
subdivision 3a, for more than 1,020 hours in a school year for a secondary student, more
than 935 hours in a school year for an elementary student, new text beginmore than 850 hours in a school
year for a kindergarten student without a disability in a full-day kindergarten program,
new text endor more than 425 hours in a school year for a new text beginhalf-day new text endkindergarten student without a
disability, that pupil may be counted as more than one pupil in average daily membership
for purposes of section 126C.10, subdivision 2a. The amount in excess of one pupil must
be determined by the ratio of the number of hours of instruction provided to that pupil in
excess of: (i) the greater of 1,020 hours or the number of hours required for a full-time
secondary pupil in the district to 1,020 for a secondary pupil; (ii) the greater of 935 hours
or the number of hours required for a full-time elementary pupil in the district to 935 for
an elementary pupil in grades 1 through 6; deleted text beginanddeleted text end (iii) the greater of 425 hours or the number
of hours required for a full-time kindergarten student without a disability in the district to
425 for a kindergarten student without a disabilitynew text begin; and (iv) the greater of 425 hours or the
number of hours required for a half-time kindergarten student without a disability in the
district to 425 for a half-day kindergarten student without a disability
new text end. Hours that occur
after the close of the instructional year in June shall be attributable to the following fiscal
year. deleted text beginA kindergarten student must not be counted as more than 1.2 pupils in average daily
membership under this subdivision.
deleted text end A student in new text beginkindergarten or new text endgrades 1 through 12 must
not be counted as more than 1.2 pupils in average daily membership under this subdivision.

(b)(i) To receive general education revenue for a pupil in an area learning center
or alternative learning program that has an independent study component, a district
must meet the requirements in this paragraph. The district must develop, for the pupil,
a continual learning plan consistent with section 124D.128, subdivision 3. Each school
district that has an area learning center or alternative learning program must reserve
revenue in an amount equal to at least 90 percent of the district average general education
revenue per pupil unit, minus an amount equal to the product of the formula allowance
according to section 126C.10, subdivision 2, times .0485, calculated without basic skills
and transportation sparsity revenue, times the number of pupil units generated by students
attending an area learning center or alternative learning program. The amount of reserved
revenue available under this subdivision may only be spent for program costs associated
with the area learning center or alternative learning program. Basic skills revenue
generated according to section 126C.10, subdivision 4, by pupils attending the eligible
program must be allocated to the program.

(ii) General education revenue for a pupil in a state-approved alternative program
without an independent study component must be prorated for a pupil participating for less
than a full year, or its equivalent. The district must develop a continual learning plan for the
pupil, consistent with section 124D.128, subdivision 3. Each school district that has an area
learning center or alternative learning program must reserve revenue in an amount equal to
at least 90 percent of the district average general education revenue per pupil unit, minus
an amount equal to the product of the formula allowance according to section 126C.10,
subdivision 2
, times .0485, calculated without basic skills and transportation sparsity
revenue, times the number of pupil units generated by students attending an area learning
center or alternative learning program. The amount of reserved revenue available under this
subdivision may only be spent for program costs associated with the area learning center or
alternative learning program. Basic skills revenue generated according to section 126C.10,
subdivision 4
, by pupils attending the eligible program must be allocated to the program.

(iii) General education revenue for a pupil in a state-approved alternative program
that has an independent study component must be paid for each hour of teacher contact
time and each hour of independent study time completed toward a credit or graduation
standards necessary for graduation. Average daily membership for a pupil shall equal the
number of hours of teacher contact time and independent study time divided by 1,020.

(iv) For a state-approved alternative program having an independent study
component, the commissioner shall require a description of the courses in the program, the
kinds of independent study involved, the expected learning outcomes of the courses, and
the means of measuring student performance against the expected outcomes.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2015.
new text end

Sec. 4.

Minnesota Statutes 2012, section 126C.12, subdivision 5, is amended to read:


Subd. 5.

Additional revenue use.

If the board of a district determines that the
district has achieved and is maintaining the class sizes specified in subdivision 4, the board
may use the revenue to reduce class size in grades 4, 5, and 6, deleted text beginprovide all-day, everyday
kindergarten,
deleted text end prepare and use individualized learning plans, improve program offerings,
purchase instructional material, services, or technology, or provide staff development
needed for reduced class sizes.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2015.
new text end

Sec. 5.

Minnesota Statutes 2012, section 126C.126, is amended to read:


126C.126 USE OF GENERAL EDUCATION REVENUE FOR ALL-DAY
KINDERGARTEN AND PREKINDERGARTEN.

A school district may spend general education revenue on extended time
kindergarten and prekindergarten programs.new text begin If a school district determines that the
district is meeting the needs of the community for voluntary, full-day kindergarten, the
district may use revenue generated by the full-day kindergarten pupil count under section
126C.05, subdivision 1, paragraph (d), for prekindergarten programs.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2015
and later.
new text end