HF 1590

as introduced - 91st Legislature (2019 - 2020) Posted on 02/21/2019 02:05pm

A bill for an act
relating to education finance; modifying early education provisions; establishing
five regions for the voluntary prekindergarten program; making school readiness
plus permanent; amending Minnesota Statutes 2018, sections 124D.151,
subdivisions 5, 6; 126C.05, subdivision 1; Laws 2017, First Special Session chapter
5, article 8, section 8.

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

Section 1.

Minnesota Statutes 2018, section 124D.151, subdivision 5, is amended to read:

Subd. 5.

Application process; priority for high poverty schools.

(a) deleted text begin To qualify for
program approval for fiscal year 2017, a district or charter school must submit an application
to the commissioner by July 1, 2016. deleted text end To qualify for program approval for fiscal year 2018
and later, a district or charter school must submit an application to the commissioner by
January 30 of the fiscal year prior to the fiscal year in which the program will be
implemented. The application must include:

(1) a description of the proposed program, including the number of hours per week the
program will be offered at each school site or mixed-delivery location;

(2) an estimate of the number of eligible children to be served in the program at each
school site or mixed-delivery location; and

(3) a statement of assurances signed by the superintendent or charter school director that
the proposed program meets the requirements of subdivision 2.

(b) The commissioner must review all applications submitted for fiscal year deleted text begin 2017 by
August 1, 2016, and must review all applications submitted for fiscal year deleted text end 2018 and later
by March 1 of the fiscal year in which the applications are received and determine whether
each application meets the requirements of paragraph (a).

(c) The commissioner must divide all applications for new or expanded voluntary
prekindergarten programs under this section meeting the requirements of paragraph (a) and
school readiness plus programs into deleted text begin four deleted text end new text begin five new text end groups as follows: the Minneapolis deleted text begin and deleted text end new text begin school
district; the new text end St. Paul school deleted text begin districts deleted text end new text begin district new text end ; other school districts located in the metropolitan
equity region as defined in section 126C.10, subdivision 28; school districts located in the
rural equity region as defined in section 126C.10, subdivision 28; and charter schools.
Within each group, the applications must be ordered by rank using a sliding scale based on
the following criteria:

(1) concentration of kindergarten students eligible for free or reduced-price lunches by
school site on October 1 of the previous school year. A school site may contract to partner
with a community-based provider or Head Start under subdivision 3 or establish an early
childhood center and use the concentration of kindergarten students eligible for free or
reduced-price meals from a specific school site as long as those eligible children are
prioritized and guaranteed services at the mixed-delivery site or early education center. For
school district programs to be operated at locations that do not have free and reduced-price
lunch concentration data for kindergarten programs for October 1 of the previous school
year, including mixed-delivery programs, the school district average concentration of
kindergarten students eligible for free or reduced-price lunches must be used for the rank
ordering;

(2) presence or absence of a three- or four-star Parent Aware rated program within the
school district or close proximity of the district. School sites with the highest concentration
of kindergarten students eligible for free or reduced-price lunches that do not have a three-
or four-star Parent Aware program within the district or close proximity of the district shall
receive the highest priority, and school sites with the lowest concentration of kindergarten
students eligible for free or reduced-price lunches that have a three- or four-star Parent
Aware rated program within the district or close proximity of the district shall receive the
lowest priority; and

(3) whether the district has implemented a deleted text begin mixed delivery deleted text end new text begin mixed-delivery new text end system.

(d) The limit on participation for the programs as specified in subdivision 6 must initially
be allocated among the deleted text begin four deleted text end new text begin five new text end groups based on each group's percentage share of the
statewide kindergarten enrollment on October 1 of the previous school year. Within each
group, the participation limit for fiscal years 2018 and 2019 must first be allocated to school
sites approved for aid in the previous year to ensure that those sites are funded for the same
number of participants as approved for the previous year. The remainder of the participation
limit for each group must be allocated among school sites in priority order until that region's
share of the participation limit is reached. If the participation limit is not reached for all
groups, the remaining amount must be allocated to the highest priority school sites, as
designated under this section, not funded in the initial allocation on a statewide basis. For
fiscal year 2020 and later, the participation limit must first be allocated to school sites
approved for aid in fiscal year 2017, and then to school sites approved for aid in fiscal year
2018 based on the statewide rankings under paragraph (c).

(e) Once a school site or a deleted text begin mixed delivery deleted text end new text begin mixed-delivery new text end site under subdivision 3 is
approved for aid under this subdivision, it shall remain eligible for aid if it continues to
meet program requirements, regardless of changes in the concentration of students eligible
for free or reduced-price lunches.

(f) If the total number of participants approved based on applications submitted under
paragraph (a) is less than the participation limit under subdivision 6, the commissioner must
notify all school districts and charter schools of the amount that remains available within
30 days of the initial application deadline under paragraph (a), and complete a second round
of allocations based on applications received within 60 days of the initial application deadline.

(g) Procedures for approving applications submitted under paragraph (f) shall be the
same as specified in paragraphs (a) to (d), except that the allocations shall be made to the
highest priority school sites not funded in the initial allocation on a statewide basis.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fiscal year 2020 and later.
new text end

Sec. 2.

Minnesota Statutes 2018, section 124D.151, subdivision 6, is amended to read:

Subd. 6.

Participation limits.

(a) Notwithstanding section 126C.05, subdivision 1,
paragraph (d), the pupil units for a voluntary prekindergarten program for an eligible school
district or charter school must not exceed 60 percent of the kindergarten pupil units for that
school district or charter school under section 126C.05, subdivision 1, paragraph (e).

deleted text begin (b) In reviewing applications under subdivision 5, the commissioner must limit the
estimated state aid entitlement approved under this section to $27,092,000 for fiscal year
2017. If the actual state aid entitlement based on final data exceeds the limit in any year,
the aid of the participating districts must be prorated so as not to exceed the limit.
deleted text end

deleted text begin (c) The commissioner must limit the total number of funded participants in the voluntary
prekindergarten program under this section to not more than 3,160.
deleted text end

deleted text begin (d) Notwithstanding paragraph (c), deleted text end new text begin (b) new text end The commissioner must limit the new text begin combined new text end total
number of participants in the voluntary prekindergarten new text begin program under this section new text end and new text begin the new text end
school readiness plus deleted text begin programs deleted text end new text begin program under Laws 2017, First Special Session chapter 5,
article 8, section 9, new text end to not more than deleted text begin 6,160 participants for fiscal year 2018 and deleted text end 7,160
participants deleted text begin for deleted text end new text begin per new text end fiscal year deleted text begin 2019 deleted text end .

Sec. 3.

Minnesota Statutes 2018, section 126C.05, subdivision 1, is amended to read:

Subdivision 1.

Pupil unit.

Pupil units for each Minnesota resident pupil under the age
of 21 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.08, or 124D.68; in a charter school under
chapter 124E; 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 individualized education program is counted as the ratio of
the number of hours of assessment and education service to 825 times 1.0 with a minimum
average daily membership of 0.28, but not more than 1.0 pupil unit.

(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 1.0.

(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 individualized education program to 875,
but not more than one.

(d) A prekindergarten pupil who is not included in paragraph (a) or (b) and is enrolled
in an approved voluntary prekindergarten program under section 124D.151 is counted as
the ratio of the number of hours of instruction to 850 times 1.0, but not more than 0.6 pupil
units.

(e) A kindergarten pupil who is not included in paragraph (c) is counted as 1.0 pupil
unit if the pupil is enrolled in a free all-day, every day kindergarten program available to
all kindergarten pupils at the pupil's school that meets the minimum hours requirement in
section 120A.41, or is counted as .55 pupil unit, if the pupil is not enrolled in a free all-day,
every day kindergarten program available to all kindergarten pupils at the pupil's school.

(f) A pupil who is in any of grades 1 to 6 is counted as 1.0 pupil unit.

(g) A pupil who is in any of grades 7 to 12 is counted as 1.2 pupil units.

(h) A pupil who is in the postsecondary enrollment options program is counted as 1.2
pupil units.

(i) deleted text begin For fiscal years 2018 and 2019 only, deleted text end A prekindergarten pupil who:

(1) is not included in paragraph (a), (b), or (d);

(2) is enrolled in a school readiness plus program new text begin under Laws 2017, First Special Session
chapter 5, article 8, section 9 new text end ; and

(3) has one or more of the risk factors specified by the eligibility requirements for a
school readiness plus program,

is counted as the ratio of the number of hours of instruction to 850 times 1.0, but not more
than 0.6 pupil units. A pupil qualifying under this paragraph must be counted in the same
manner as a voluntary prekindergarten student for all general education and other school
funding formulas.

Sec. 4.

Laws 2017, First Special Session chapter 5, article 8, section 8, the effective date,
is amended to read:

EFFECTIVE DATE.

Paragraph (i) of this section deleted text begin expires at the end of fiscal year 2019 deleted text end new text begin
does not expire new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end