Minnesota Legislature
HF 1431
as introduced - 89th Legislature (2015 - 2016) Posted on 03/04/2015 11:31am
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A bill for an act
relating to education; creating choice scholarships for students who have dropped
out of high school; authorizing rulemaking; appropriating money; proposing
coding for new law in Minnesota Statutes, chapter 124D.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[124D.035] CHOICE SCHOLARSHIPS FOR HIGH SCHOOL.
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new text begin Subdivision 1. new text end
new text begin Definitions. new text end
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(a) The definitions in this subdivision apply to this
section.
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(b) "Eligible individual" means an individual who:
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(1) is a resident of Minnesota;
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(2) is at least 16 years of age;
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(3) has not received a high school diploma;
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(4) was enrolled in a Minnesota public school within the last two years and has not
attended a public or nonpublic school during the preceding six months; and
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(5) is a member of a household with an annual income of not more than 150 percent
of the amount required for the individual to qualify for the federal free or reduced-price
lunch program.
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(c) "Eligible high school" means a nonpublic high school that:
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(1) is located in Minnesota;
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(2) requires an eligible individual to pay tuition to attend;
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(3) voluntarily agrees to enroll an eligible individual;
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(4) is accredited by an accrediting agency, recognized according to section
123B.445, or recognized by the commissioner;
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(5) administers all statewide testing required under section 120B.30; and
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(6) submits to the department data necessary for the commissioner to complete all
reports under section 120B.36.
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(d) "Eligible postsecondary institution" means a Minnesota public postsecondary
institution; a private, nonprofit two-year trade and technical school granting associate
degrees; an opportunities industrialization center accredited by the North Central
Association of Colleges and Schools; or a private, residential, two-year or four-year,
liberal arts, degree-granting college or university located in Minnesota.
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(e) "Eligible program" means a course of instruction offered at the high school or
postsecondary level designed to lead to high school graduation or its equivalent.
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new text begin Subd. 2. new text end
new text begin Autonomy of nonpublic schools. new text end
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(a) It is the intent of the legislature to
honor the autonomy of nonpublic schools that choose to become eligible schools under
this section. A nonpublic eligible school is not an agent of the state or federal government,
therefore:
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(1) the department or any other state agency may not in any way regulate the
educational program of a nonpublic eligible school that accepts a choice scholarship
under this section, including the regulation of curriculum content, religious instruction or
activities, classroom teaching, teacher and staff hiring requirements, and other activities
carried out by the eligible school;
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(2) the creation of the choice scholarship program does not expand the regulatory
authority of the state, the state's officers, or school districts to impose additional regulation
of nonpublic schools beyond those necessary to enforce the requirements of the choice
scholarship program under this section; and
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(3) an eligible school shall be given the freedom to provide for the educational needs
of students without governmental controls.
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(b) The department shall make random visits to at least five percent of eligible
schools to verify that the eligible school complies with the provisions of this section and
the constitutions of the state of Minnesota and the United States. Each eligible school shall
grant the department reasonable access to its premises, including access to the school's
grounds, buildings, and property. Each year, the principal of each eligible school shall
certify, under penalties of perjury under section 609.48, to the department that the eligible
school is complying with the requirements of this section. The department shall develop a
process for eligible schools to follow to make certifications.
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new text begin Subd. 3. new text end
new text begin Eligibility for scholarships; limit on number of scholarships. new text end
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(a)
Subject to paragraph (b), an eligible individual is entitled to a choice scholarship under
this section for each school year that the eligible student enrolls in an eligible program.
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(b) The department may not award more than:
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(1) 1,500 choice scholarships for the 2015-2016 school year; and
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(2) 3,000 choice scholarships for the 2016-2017 school year.
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The department shall establish the standards used to allocate choice scholarships among
eligible individuals.
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new text begin Subd. 4. new text end
new text begin Maximum amount of scholarship. new text end
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The maximum amount to which an
eligible individual is entitled under this section for a school year is equal to the least of
the following:
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(1) the sum of the tuition and fees required for enrollment or attendance of the
eligible individual at the eligible program selected by the eligible individual for a school
year that the eligible individual or the parent of the eligible individual would otherwise be
obligated to pay to the eligible program; and
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(2) an amount equal to:
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(i) 90 percent of the state tuition support amount determined under subdivision 5 if
the eligible individual is a member of a household with an annual income of not more
than the amount required for the individual to qualify for the federal free or reduced-price
lunch program; and
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(ii) 50 percent of the state tuition support amount determined under subdivision 5 if
the eligible individual is a member of a household with an annual income of not more
than 150 percent of the amount required for the individual to qualify for the federal free
or reduced-price lunch program.
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new text begin Subd. 5. new text end
new text begin Determination of state tuition support. new text end
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The state tuition amount to be
used in subdivision 4, clause (2), for an eligible individual equals the general education
revenue under section 126C.10 for the eligible individual's resident district in the
preceding school year divided by the adjusted average daily membership in the eligible
individual's resident district for the preceding school year.
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new text begin Subd. 6. new text end
new text begin Partial school years. new text end
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If an eligible individual enrolls in an eligible
program for less than an entire school year, the choice scholarship provided under this
section for that school year shall be reduced on a prorated basis to reflect the shorter term.
An eligible individual is entitled to only one choice scholarship for each school year. If the
eligible individual leaves the eligible school for which the eligible individual was awarded
a choice scholarship and enrolls in another eligible program, then that eligible individual
is responsible for the payment of any tuition required for the remainder of that school year.
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new text begin Subd. 7. new text end
new text begin Forms and methods for determining eligibility. new text end
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The department may
prescribe forms and methods for demonstrating eligibility for a choice scholarship under
this section.
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new text begin Subd. 8. new text end
new text begin Distribution to both eligible individual and program. new text end
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The department
may distribute any part of a choice scholarship to the eligible individual or the parent
of the eligible individual for the purpose of paying the educational costs described in
subdivision 4. For the distribution to be valid, the distribution must be endorsed by both
the eligible individual or the parent of the eligible individual and the eligible program
providing educational services to the eligible individual.
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new text begin Subd. 9. new text end
new text begin Scholarship not treated as income. new text end
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The amount of a choice scholarship
provided to an eligible individual shall not be treated as income or a resource for the
purposes of qualifying for any other federal or state grant or program administered by the
state or a political subdivision.
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new text begin EFFECTIVE DATE. new text end
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This section is effective for the 2015-2016 school year and
later.
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Sec. 2. new text begin RULEMAKING.
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The department shall adopt rules under Minnesota Statutes, chapter 14, to implement
section 1.
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Sec. 3. new text begin APPROPRIATION.
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new text begin Subdivision 1. new text end
new text begin Department of Education. new text end
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The sums indicated in this section are
appropriated from the general fund to the commissioner of education for the fiscal years
designated.
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new text begin Subd. 2. new text end
new text begin Choice scholarships. new text end
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For choice scholarships under Minnesota Statutes,
section 124D.035:
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2016 new text end |
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