1.1                          A bill for an act
  1.2             relating to education; changing revenue formulas for 
  1.3             adult basic education; appropriating money for adult 
  1.4             basic education and adult graduation aid; amending 
  1.5             Minnesota Statutes 1996, sections 124.17, subdivision 
  1.6             4; 124.26, subdivision 2; and 124.2601, subdivisions 
  1.7             3, 4, 5, and 6. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 124.17, 
  1.10  subdivision 4, is amended to read: 
  1.11     Subd. 4.  [LEARNING YEAR PUPIL UNITS.] (a) When a pupil is 
  1.12  enrolled in a learning year program according to section 
  1.13  121.585, an area learning center according to sections 124C.45 
  1.14  and 124C.46, the graduation incentives program under section 
  1.15  126.22, subdivision 2, paragraph (b), or an alternative program 
  1.16  approved by the commissioner, for more than 1,020 hours in a 
  1.17  school year for a secondary student and for more than 935 hours 
  1.18  in a school year for an elementary student, that pupil may be 
  1.19  counted as more than one pupil in average daily membership.  The 
  1.20  amount in excess of one pupil must be determined by the ratio of 
  1.21  the number of hours of instruction provided to that pupil in 
  1.22  excess of 1,020 hours to 1,020 for a secondary pupil and of 935 
  1.23  hours to 935 for an elementary pupil.  Hours that occur after 
  1.24  the close of the instructional year in June shall be 
  1.25  attributable to the following fiscal year. 
  1.26     (b)(i) To receive general education revenue for a pupil in 
  2.1   an alternative program that has an independent study component, 
  2.2   a school district must meet the requirements in this paragraph.  
  2.3   The school district must develop with the pupil a continual 
  2.4   learning plan for the pupil.  A district must allow a minor 
  2.5   pupil's parent or guardian to participate in developing the 
  2.6   plan, if the parent or guardian wants to participate.  The plan 
  2.7   must identify the learning experiences and expected outcomes 
  2.8   needed for satisfactory credit for the year and for graduation.  
  2.9   The plan must be updated each year. 
  2.10     (ii) General education revenue for a pupil in an approved 
  2.11  alternative program without an independent study component must 
  2.12  be prorated for a pupil participating for less than a full year, 
  2.13  or its equivalent. 
  2.14     (iii) General education revenue for a pupil in an approved 
  2.15  alternative program that has an independent study component must 
  2.16  be paid for each hour of teacher contact time and each hour of 
  2.17  independent study time completed toward a credit necessary for 
  2.18  graduation.  Average daily membership for a pupil shall equal 
  2.19  the number of hours of teacher contact time and independent 
  2.20  study time divided by 1,020. 
  2.21     (iv) For an alternative program having an independent study 
  2.22  component, the commissioner shall require a description of the 
  2.23  courses in the program, the kinds of independent study involved, 
  2.24  the expected learning outcomes of the courses, and the means of 
  2.25  measuring student performance against the expected outcomes. 
  2.26     Sec. 2.  Minnesota Statutes 1996, section 124.26, 
  2.27  subdivision 2, is amended to read: 
  2.28     Subd. 2.  [ACCOUNTS; REVENUE; AID.] Each district, group of 
  2.29  districts, or private nonprofit organization providing adult 
  2.30  basic education programs shall establish and maintain accounts 
  2.31  separate from all other district accounts for the receipt and 
  2.32  disbursement of all funds related to these programs.  All 
  2.33  revenue received pursuant to this section shall be utilized 
  2.34  solely for the purposes of adult basic education programs.  In 
  2.35  no case shall federal and state aid plus levy equal more than 
  2.36  100 percent of the actual cost of providing these programs. 
  3.1      Sec. 3.  Minnesota Statutes 1996, section 124.2601, 
  3.2   subdivision 3, is amended to read: 
  3.3      Subd. 3.  [AID REVENUE.] Adult basic education aid revenue 
  3.4   for each approved program equals 65 percent of the general 
  3.5   education formula allowance times the number of full-time 
  3.6   equivalent students in its adult basic education program. 
  3.7      Sec. 4.  Minnesota Statutes 1996, section 124.2601, 
  3.8   subdivision 4, is amended to read: 
  3.9      Subd. 4.  [LEVY.] To obtain adult basic education revenue, 
  3.10  a district with an eligible program may levy an amount not to 
  3.11  exceed the amount raised by .12 percent times the adjusted tax 
  3.12  capacity of the district for the preceding year. 
  3.13     Sec. 5.  Minnesota Statutes 1996, section 124.2601, 
  3.14  subdivision 5, is amended to read: 
  3.15     Subd. 5.  [REVENUE AID.] Adult basic education revenue aid 
  3.16  is equal to the sum difference of an approved program's adult 
  3.17  basic education aid revenue and its adult basic education levy.  
  3.18  If the district does not levy the full amount permitted, the 
  3.19  adult education aid shall be reduced in proportion to the actual 
  3.20  amount levied. 
  3.21     Sec. 6.  Minnesota Statutes 1996, section 124.2601, 
  3.22  subdivision 6, is amended to read: 
  3.23     Subd. 6.  [AID GUARANTEE.] (a) For fiscal year 1994, any 
  3.24  adult basic education program that receives less state aid under 
  3.25  subdivisions 3 and 7 than from the aid formula for fiscal year 
  3.26  1992 shall receive the amount of aid it received in fiscal year 
  3.27  1992. 
  3.28     (b) For 1995 and later fiscal years, an adult basic 
  3.29  education program that receives aid shall receive at least the 
  3.30  amount of aid it received in fiscal year 1992 under subdivisions 
  3.31  3 and 7, plus aid equal to the amount of revenue that would have 
  3.32  been raised for taxes payable in 1994 under Minnesota Statutes 
  3.33  1992, section 124.2601, subdivision 4, minus the amount raised 
  3.34  under subdivision 4. 
  3.35     (c) For fiscal year 1998, any adult basic education program 
  3.36  that receives less state aid than in fiscal year 1997 shall 
  4.1   receive additional aid equal to 80 percent of the difference 
  4.2   between its 1997 aid and the amount of aid under subdivision 5.  
  4.3   For fiscal year 1999 and later, additional aid under this 
  4.4   paragraph shall be reduced by 20 percent each year. 
  4.5      Sec. 7.  [COOPERATIVE ENGLISH AS A SECOND LANGUAGE AND 
  4.6   ADULT BASIC EDUCATION PROGRAMS.] 
  4.7      Any school district, or adult basic education consortium 
  4.8   that receives revenue under Minnesota Statutes, section 
  4.9   124.2601, shall collaborate with all community-based 
  4.10  organizations and nonprofit organizations within their district 
  4.11  or region that have demonstrated the capacity to deliver English 
  4.12  as a second language or citizenship programming.  The district 
  4.13  or consortium shall consider an organization's past experience 
  4.14  in determining its capacity to deliver programming.  No more 
  4.15  than eight percent of the total funds provided by a school 
  4.16  district or an adult basic education consortium to a nonprofit 
  4.17  or community-based organization under this section, may be used 
  4.18  for the administrative costs of providing English as a second 
  4.19  language, adult basic education, or citizenship programs. 
  4.20     Sec. 8.  [ADULT BASIC EDUCATION STUDY.] 
  4.21     The legislative audit commission is asked to request that 
  4.22  the office of the legislative auditor conduct a study of the 
  4.23  delivery of and funding for adult basic education under 
  4.24  Minnesota Statutes, sections 124.26, 124.2605, and 124.261, 
  4.25  including an assessment of the types of programs delivering 
  4.26  services, the cost of adult basic education, and the 
  4.27  distribution of funds under the funding formula and whether the 
  4.28  program is responsive to the needs of adult learners. 
  4.29     Sec. 9.  [ADULT BASIC EDUCATION TECHNOLOGY PROJECT.] 
  4.30     The commissioner shall establish an adult basic education 
  4.31  technology project to design, implement, and evaluate the use of 
  4.32  on-line technological applications for adult learners.  The 
  4.33  commissioner shall appoint individuals to a working group to 
  4.34  collaboratively carry out the project.  Members of the working 
  4.35  group should consist of representatives of adult basic education 
  4.36  programs that have demonstrated skills and experience working 
  5.1   with on-line learning technologies, technology experts, and 
  5.2   specialists in adult learning and English as a second language.  
  5.3   Over a three-year period, the working group must plan and 
  5.4   develop an adult learning curriculum that is consistent with the 
  5.5   Minnesota graduation standards and can be delivered through 
  5.6   telecommunications to adult learning sites.  In the first year, 
  5.7   the group must identify, design, and test on-line curriculum and 
  5.8   delivery methods for use in adult learning programs including 
  5.9   adult diploma, general equivalency diploma, and English as a 
  5.10  second language programs.  In the second and third years, the 
  5.11  group must identify and implement methods to transfer the 
  5.12  curriculum and on-line methods to adult basic education 
  5.13  providers, provide staff development, and evaluate the use of 
  5.14  on-line curriculum. 
  5.15     Sec. 10.  [APPROPRIATIONS.] 
  5.16     Subdivision 1.  [DEPARTMENT OF CHILDREN, FAMILIES, AND 
  5.17  LEARNING.] The sums indicated in this section are appropriated 
  5.18  from the general fund to the department of children, families, 
  5.19  and learning for the fiscal years designated. 
  5.20     Subd. 2.  [ADULT BASIC EDUCATION AID.] For adult basic 
  5.21  education aid under Minnesota Statutes, section 124.26: 
  5.22       $16,300,000     .....     1998 
  5.23       $16,300,000     .....     1999 
  5.24     The 1998 appropriation includes $1,630,000 for 1997 and 
  5.25  $14,670,000 for 1998.  The 1999 appropriation includes 
  5.26  $1,630,000 for 1998 and $14,670,000 for 1999. 
  5.27     Subd. 3.  [ADULT GRADUATION AID.] For adult graduation aid 
  5.28  under Minnesota Statutes, section 124.261: 
  5.29       $2,586,000     .....     1998 
  5.30       $2,608,000     .....     1999 
  5.31     The 1998 appropriation includes $259,000 for 1997 and 
  5.32  $2,327,000 for 1998.  The 1999 appropriation includes $261,000 
  5.33  for 1998 and $2,347,000 for 1999. 
  5.34     Subd. 4.  [ADULT BASIC EDUCATION TECHNOLOGY PROJECT.] For 
  5.35  the adult basic education technology project under section 9: 
  5.36       $   50,000     .....     1998 
  6.1        $  200,000     .....     1999 
  6.2      Any balance in the second year does not cancel but is 
  6.3   available in fiscal year 2000.