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Minnesota Legislature

Office of the Revisor of Statutes

HF 1704

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to education; increasing state limited
English proficiency aid by including pupils with less
than seven years of average daily memberships;
amending Minnesota Statutes 2004, section 124D.59,
subdivision 2.

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

Section 1.

Minnesota Statutes 2004, section 124D.59,
subdivision 2, is amended to read:


Subd. 2.

Pupil of limited english proficiency.

(a)
"Pupil of limited English proficiency" means a pupil in
kindergarten through grade 12 who meets the following
requirements:

(1) the pupil, as declared by a parent or guardian first
learned a language other than English, comes from a home where
the language usually spoken is other than English, or usually
speaks a language other than English; and

(2) the pupil is determined by developmentally appropriate
measures, which might include observations, teacher judgment,
parent recommendations, or developmentally appropriate
assessment instruments, to lack the necessary English skills to
participate fully in classes taught in English.

(b) Notwithstanding paragraph (a), a pupil in grades 4
through 12 who was enrolled in a Minnesota public school on the
dates during the previous school year when a commissioner
provided assessment that measures the pupil's emerging academic
English was administered, shall not be counted as a pupil of
limited English proficiency in calculating limited English
proficiency pupil units under section 126C.05, subdivision 17,
and shall not generate state limited English proficiency aid
under section 124D.65, subdivision 5, unless the pupil scored
below the state cutoff score on an assessment measuring emerging
academic English provided by the commissioner during the
previous school year.

(c) Notwithstanding paragraphs (a) and (b), a pupil in
kindergarten through grade 12 shall not be counted as a pupil of
limited English proficiency in calculating limited English
proficiency pupil units under section 126C.05, subdivision 17,
and shall not generate state limited English proficiency aid
under section 124D.65, subdivision 5, if:

(1) the pupil is not enrolled during the current fiscal
year in an educational program for pupils of limited English
proficiency in accordance with sections 124D.58 to 124D.64; or

(2) the pupil has generated deleted text beginfive deleted text endnew text beginseven new text endor more years of
average daily membership in Minnesota public schools since July
1, 1996.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for
fiscal year 2006.
new text end