HF 1177

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

A bill for an act
relating to education finance; clarifying that a district may voluntarily implement
an integration plan; amending Minnesota Statutes 2006, section 124D.86.

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

Section 1.

Minnesota Statutes 2006, section 124D.86, is amended to read:

124D.86 INTEGRATION REVENUE.

Subdivision 1.

Use of revenue.

Integration revenue under this section must be
used for programs established under a desegregation plan filed with the Department of
Education according to Minnesota Rules, parts 3535.0100 to 3535.0180, deleted text begin or deleted text end under court
order new text begin , or according to a voluntary plan formally adopted by a school district's board of
directors new text end . The revenue must be used to create or enhance learning opportunities which
are designed to provide opportunities for students to have increased interracial contacts
through classroom experiences, staff initiatives, and other educationally related programs.

Subd. 1a.

Budget approval process.

Each year before a district receives any
revenue under subdivision 3, clause (4), (5), or (6), the district must submit to the
Department of Education, for its review and approval a budget detailing the costs of the
desegregation/integration plan new text begin voluntarily filed or new text end filed under Minnesota Rules, parts
3535.0100 to 3535.0180. Notwithstanding chapter 14, the department may develop
criteria for budget approval. The department shall consult with the Desegregation
Advisory Board in developing these criteria. The criteria developed by the department
should address, at a minimum, the following:

(1) budget items cannot be approved unless they are part of new text begin a voluntary plan, new text end any
overall desegregation plan approved by the district for isolated sites new text begin , new text end or by the Multidistrict
Collaboration Council and participation individual members;

(2) the budget must indicate how revenue expenditures will be used specifically to
support increased opportunities for interracial contact;

(3) components of the budget to be considered by the department, including staffing,
curriculum, transportation, facilities, materials, and equipment and reasonable planning
costs, as determined by the department; and

(4) if plans are proposed to enhance existing programs, the total budget being
appropriated to the program must be included, indicating what part is to be funded using
integration revenue and what part is to be funded using other revenues.

Subd. 1b.

Plan components.

Plans submitted by each district under Minnesota
Rules, parts 3535.0160 and 3535.0170, new text begin and voluntary plans new text end must be approved by the
district's board each year before integration revenue will be awarded. If a district is
applying for revenue for a plan that is part of a multidistrict council, the individual district
shall not receive revenue unless it ratifies the plan adopted by its multidistrict council or
approves a modified plan with a written explanation of any modifications. Each plan
shall contain:

(1) an identification of the integration issues at the sites or districts covered by new text begin the
voluntary plan or by new text end Minnesota Rules, parts 3535.0100 to 3535.0180;

(2) a description of the community outreach that preceded the integration plan, such
that the commissioner can determine whether the membership of the planning councils
complied with the requirements of Minnesota Rules, parts 3535.0100 to 3535.0180; and

(3) the specific goals of the integration plan.

By June 30 of the subsequent fiscal year, each district shall report to the commissioner in
writing about the extent to which the integration goals identified in the plan were met.

Subd. 2.

Separate account.

Integration revenue shall be maintained in a separate
account to identify expenditures for salaries and programs related to this revenue.

Subd. 3.

Integration revenue.

Integration revenue equals the following amounts:

(1) for Independent School District No. 709, Duluth, $206 times the adjusted pupil
units for the school year;

(2) for Independent School District No. 625, St. Paul, $445 times the adjusted
pupil units for the school year;

(3) for Special School District No. 1, Minneapolis, the sum of $445 times the
adjusted pupil units for the school year and an additional $35 times the adjusted pupil units
for the school year that is provided entirely through a local levy;

(4) for a district not listed in clause (1), (2), or (3), that new text begin voluntarily implements a
plan or new text end must implement a plan under Minnesota Rules, parts 3535.0100 to 3535.0180,
where the district's enrollment of protected students, as defined under Minnesota Rules,
part 3535.0110, exceeds 15 percent, the lesser of (i) the actual cost of implementing the
plan during the fiscal year minus the aid received under subdivision 6, or (ii) $129 times
the adjusted pupil units for the school year;

(5) for a district not listed in clause (1), (2), (3), or (4), that new text begin voluntarily implements a
plan or new text end is required to implement a plan according to the requirements of Minnesota Rules,
parts 3535.0100 to 3535.0180, the lesser of

(i) the actual cost of implementing the plan during the fiscal year minus the aid
received under subdivision 6, or

(ii) $92 times the adjusted pupil units for the school year.

Any money received by districts in clauses (1) to (3) which exceeds the amount
received in fiscal year 2000 shall be subject to the budget requirements in subdivision
1a; and

(6) for a member district of a multidistrict integration collaborative that files a plan
with the commissioner, but is not contiguous to a racially isolated district, integration
revenue equals the amount defined in clause (5).

Subd. 4.

Integration levy.

A district may levy an amount equal to deleted text begin 37 percent for
fiscal year 2003, 23 percent for fiscal year 2004, and deleted text end 30 percent deleted text begin for fiscal year 2005 and
thereafter deleted text end of the district's integration revenue as defined in subdivision 3.

Subd. 5.

Integration aid.

A district's integration aid equals the difference between
the district's integration revenue and its integration levy.

Subd. 6.

Alternative attendance programs.

(a) The integration aid under
subdivision 5 must be adjusted for each pupil residing in a district eligible for integration
revenue under subdivision 3, clause (1), (2), or (3), and attending a nonresident district
under sections 123A.05 to 123A.08, 124D.03, 124D.06, and 124D.08, that is not eligible
for integration revenue under subdivision 3, clause (1), (2), or (3), and has implemented
a plan under Minnesota Rules, parts 3535.0100 to 3535.0180, if the enrollment of the
pupil in the nonresident district contributes to desegregation or integration purposes. The
adjustments must be made according to this subdivision.

(b) Aid paid to a district serving nonresidents must be increased by an amount equal
to the revenue per pupil unit of the resident district under subdivision 3, clause (1), (2), or
(3), minus the revenue attributable to the pupil in the nonresident district under subdivision
3, clause (4), (5), or (6), for the time the pupil is enrolled in the nonresident district.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end