HF 1390

as introduced - 89th Legislature (2015 - 2016) Posted on 03/02/2015 01:31pm

A bill for an act
relating to education finance; modifying certain pupil unit provisions; amending
Minnesota Statutes 2014, sections 126C.05, subdivisions 8, 15; 126C.10,
subdivision 2a.

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

Section 1.

Minnesota Statutes 2014, section 126C.05, subdivision 8, is amended to read:

Subd. 8.

Average daily membership.

(a) Membership for pupils in grades
kindergarten through 12 and for prekindergarten pupils with disabilities shall mean the
number of pupils on the current roll of the school, counted from the date of entry until
withdrawal. The date of withdrawal shall mean the day the pupil permanently leaves
the school or the date it is officially known that the pupil has left or has been legally
excused. However, a pupil, regardless of age, who has been absent from school for 15
consecutive school days during the regular school year or for five consecutive school days
during summer school or intersession classes of flexible school year programs without
receiving instruction in the home or hospital shall be dropped from the roll and classified
as withdrawn. Nothing in this section shall be construed as waiving the compulsory
attendance provisions cited in section 120A.22. Average daily membership equals the
sum for all pupils of the number of days of the school year each pupil is enrolled in the
district's schools divided by the number of days the schools are in session. Days of
summer school or intersession classes of flexible school year programs are only included
in the computation of membership for pupils with a disability not appropriately served
primarily in the regular classroom. A student must not be counted as more than deleted text begin 1.2 deleted text end new text begin 1.4 new text end
pupils in average daily membership under this section. When the initial total average daily
membership exceeds deleted text begin 1.2 deleted text end new text begin 1.4 new text end for a pupil enrolled in more than one school district during
the fiscal year, each district's average daily membership must be reduced proportionately.

(b) A student must not be counted as more than one pupil in average daily
membership except for purposes of section 126C.10, subdivision 2a.

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Sec. 2.

Minnesota Statutes 2014, 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 4, 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, more than 850 hours in a school
year for a kindergarten student without a disability in an all-day kindergarten program,
or more than 425 hours in a school year for a half-day kindergarten 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; and (iii) the greater of 850 hours or the number
of hours required for a full-time kindergarten student without a disability in the district to
850 for a kindergarten student without a disability. Hours that occur after the close of the
instructional year in June shall be attributable to the following fiscal year. A student in
kindergarten or grades 1 through 12 must not be counted as more than deleted text begin 1.2 deleted text end new text begin 1.4 new text end 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 and not more than 100 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 .0466, calculated without basic skills
revenue, local optional revenue, 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 and not more than 100 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 .0466, calculated without basic skills
revenue, local optional revenue, 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.

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Sec. 3.

Minnesota Statutes 2014, section 126C.10, subdivision 2a, is amended to read:

Subd. 2a.

Extended time revenue.

(a) A school district's extended time revenue for
fiscal year 2014 is equal to the product of $4,601 and the sum of the adjusted marginal cost
pupil units of the district for each pupil in average daily membership in excess of 1.0 and
less than deleted text begin 1.2 deleted text end new text begin 1.4 new text end according to section 126C.05, subdivision 8. A school district's extended
time revenue for fiscal year 2015 and later is equal to the product of $5,017 and the sum
of the adjusted pupil units of the district for each pupil in average daily membership in
excess of 1.0 and less than deleted text begin 1.2 deleted text end new text begin 1.4 new text end according to section 126C.05, subdivision 8.

(b) A school district's extended time revenue may be used for extended day
programs, extended week programs, summer school, and other programming authorized
under the learning year program.

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