HF 1176

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to education; allowing for admission to public schools for students
over 21 years of age; amending Minnesota Statutes 2006, sections 120A.20,
subdivision 1; 124D.02, subdivision 2; 124D.05, subdivision 1; 124D.52,
subdivision 1; 124D.68, subdivisions 2, 3, 6; 126C.05, subdivision 1.

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

Section 1.

Minnesota Statutes 2006, section 120A.20, subdivision 1, is amended to
read:

Subdivision 1.

Age limitations; pupils.

(a) All schools supported in whole or in
part by state funds are public schools. Admission to a public school is free to any person
who: (1) resides within the district that operates the school; (2) is under deleted text begin 21 deleted text end new text begin 23 new text end years of
age or who meets the requirements of paragraph (c); and (3) satisfies the minimum age
requirements imposed by this section. Notwithstanding the provisions of any law to the
contrary, the conduct of all students under deleted text begin 21 deleted text end new text begin 23 new text end years of age attending a public secondary
school is governed by a single set of reasonable rules and regulations promulgated by the
school board.

(b) A person shall not be admitted to a public school (1) as a kindergarten pupil,
unless the pupil is at least five years of age on September 1 of the calendar year in which
the school year for which the pupil seeks admission commences; or (2) as a 1st grade
student, unless the pupil is at least six years of age on September 1 of the calendar year in
which the school year for which the pupil seeks admission commences or has completed
kindergarten; except that any school board may establish a policy for admission of
selected pupils at an earlier age.

(c) A pupil who becomes age deleted text begin 21 deleted text end new text begin 23 new text end after enrollment is eligible for continued free
public school enrollment until at least one of the following occurs: (1) the first September
1 after the pupil's deleted text begin 21st deleted text end new text begin 23rd new text end birthday; (2) the pupil's completion of the graduation
requirements; (3) the pupil's withdrawal with no subsequent enrollment within 21 calendar
days; or (4) the end of the school year.

Sec. 2.

Minnesota Statutes 2006, section 124D.02, subdivision 2, is amended to read:

Subd. 2.

Secondary school programs.

The board may permit a person who is over
the age of deleted text begin 21 deleted text end new text begin 23 new text end or who has graduated from high school to enroll in a class or program at a
secondary school if there is space available. In determining if there is space available,
public school students eligible for free enrollment under section 120A.20, subdivision 1,
and shared-time students shall be given priority over students seeking enrollment pursuant
to this subdivision, and students returning to complete a regular course of study shall be
given priority over other students seeking enrollment pursuant to this subdivision. The
following are not prerequisites for enrollment:

(1) residency in the school district;

(2) United States citizenship; or

(3) for a person over the age of deleted text begin 21 deleted text end new text begin 23 new text end , a high school diploma or equivalency
certificate. A person may enroll in a class or program even if that person attends evening
school, an adult or continuing education, or a postsecondary educational program or
institution.

Sec. 3.

Minnesota Statutes 2006, section 124D.05, subdivision 1, is amended to read:

Subdivision 1.

Attending school in another state.

Any person under deleted text begin 21 deleted text end new text begin 23 new text end years
of age residing in any district not maintaining a secondary school who has successfully
completed the elementary school may, with the consent of the board of such district,
attend any secondary school of a district in an adjoining state willing to admit the person,
if the secondary school is nearer to the place of residence than any established secondary
school in Minnesota, the distances being measured by the usual traveled routes. Any
tuition charged by the district so attended must be paid to the district attended by the
district in which the person resides. This tuition must not be more than (a) the district
charges nonresident pupils of that state, (b) the average maintenance cost exclusive of
transportation per pupil unit in average daily membership in the school attended, nor (c)
the tuition rate provided for in section 123A.488, subdivision 2.

Any pupil attending a secondary school in an adjoining state for whom tuition is
paid from district funds is entitled to transportation services in accordance with Minnesota
Statutes.

Sec. 4.

Minnesota Statutes 2006, section 124D.52, subdivision 1, is amended to read:

Subdivision 1.

Program requirements.

(a) An adult basic education program is a
day or evening program offered by a district that is for people over 16 years of age who do
not attend an elementary or secondary school. The program offers academic instruction
necessary to earn a high school diploma or equivalency certificate.

(b) Notwithstanding any law to the contrary, a school board or the governing body of
a consortium offering an adult basic education program may adopt a sliding fee schedule
based on a family's income, but must waive the fee for participants who are under the age
of deleted text begin 21 deleted text end new text begin 23 new text end or unable to pay. The fees charged must be designed to enable individuals of
all socioeconomic levels to participate in the program. A program may charge a security
deposit to assure return of materials, supplies, and equipment.

(c) Each approved adult basic education program must develop a memorandum of
understanding with the local workforce development centers located in the approved
program's service delivery area. The memorandum of understanding must describe how
the adult basic education program and the workforce development centers will cooperate
and coordinate services to provide unduplicated, efficient, and effective services to clients.

(d) Adult basic education aid must be spent for adult basic education purposes as
specified in sections 124D.518 to 124D.531.

(e) A state-approved adult basic education program must count and submit student
contact hours for a program that offers high school credit toward an adult high school
diploma according to student eligibility requirements and competency demonstration
requirements established by the commissioner.

Sec. 5.

Minnesota Statutes 2006, section 124D.68, subdivision 2, is amended to read:

Subd. 2.

Eligible pupils.

A pupil under the age of deleted text begin 21 deleted text end new text begin 23 new text end or who meets the
requirements of section 120A.20, subdivision 1, paragraph (c), is eligible to participate in
the graduation incentives program, if the pupil:

(1) performs substantially below the performance level for pupils of the same age
in a locally determined achievement test;

(2) is at least one year behind in satisfactorily completing coursework or obtaining
credits for graduation;

(3) is pregnant or is a parent;

(4) has been assessed as chemically dependent;

(5) has been excluded or expelled according to sections 121A.40 to 121A.56;

(6) has been referred by a school district for enrollment in an eligible program or
a program pursuant to section 124D.69;

(7) is a victim of physical or sexual abuse;

(8) has experienced mental health problems;

(9) has experienced homelessness sometime within six months before requesting a
transfer to an eligible program;

(10) speaks English as a second language or has limited English proficiency; or

(11) has withdrawn from school or has been chronically truant; or

(12) is being treated in a hospital in the seven-county metropolitan area for cancer or
other life threatening illness or is the sibling of an eligible pupil who is being currently
treated, and resides with the pupil's family at least 60 miles beyond the outside boundary
of the seven-county metropolitan area.

Sec. 6.

Minnesota Statutes 2006, section 124D.68, subdivision 3, is amended to read:

Subd. 3.

Eligible programs.

(a) A pupil who is eligible according to subdivision 2
may enroll in area learning centers under sections 123A.05 to 123A.08.

(b) A pupil who is eligible according to subdivision 2 and who is between the ages
of 16 and deleted text begin 21 deleted text end new text begin 23 new text end may enroll in postsecondary courses under section 124D.09.

(c) A pupil who is eligible under subdivision 2, may enroll in any public elementary
or secondary education program.

(d) A pupil who is eligible under subdivision 2, may enroll in any nonpublic,
nonsectarian school that has contracted with the serving school district to provide
educational services. However, notwithstanding other provisions of this section, only a
pupil who is eligible under subdivision 2, clause (12), may enroll in a contract alternative
school that is specifically structured to provide educational services to such a pupil.

(e) A pupil who is between the ages of 16 and deleted text begin 21 deleted text end new text begin 23 new text end may enroll in any adult basic
education programs approved under section 124D.52 and operated under the community
education program contained in section 124D.19.

Sec. 7.

Minnesota Statutes 2006, section 124D.68, subdivision 6, is amended to read:

Subd. 6.

Dissemination of information.

A district must disseminate information,
developed by the department, about the graduation incentives program to residents in the
district who are under the age of deleted text begin 21 deleted text end new text begin 23 new text end .

Sec. 8.

Minnesota Statutes 2006, section 126C.05, subdivision 1, is amended to read:

Subdivision 1.

Pupil unit.

Pupil units for each Minnesota resident pupil under the
age of deleted text begin 21 deleted text end new text begin 23 new text end 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.06, 124D.07, 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 individual education plan 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 individual education program
plan to 875, but not more than one.

(d) A kindergarten pupil who is not included in paragraph (c) is counted as .557 of a
pupil unit for fiscal year 2000 and thereafter.

(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.