HF 1762

as introduced - 89th Legislature (2015 - 2016) Posted on 03/11/2015 12:00pm

A bill for an act
relating to education finance; creating a financial incentive for districts that
enhance proficiency for English language learners; amending Minnesota Statutes
2014, sections 124D.59, subdivision 2; 124D.65, subdivision 5; 126C.10,
subdivision 4.

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

Section 1.

Minnesota Statutes 2014, section 124D.59, subdivision 2, is amended to read:

Subd. 2.

English learner.

(a) "English learner" means a pupil in kindergarten through
grade 12 who meets the requirements under subdivision 2a or 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 a valid assessment measuring the pupil's English
language proficiency and 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
academic classes taught in English.

(b) A pupil enrolled in a Minnesota public school in any grade 4 through 12 who
in the previous school year took a commissioner-provided assessment measuring the
pupil's emerging academic English, shall be counted as an English learner in calculating
English learner pupil units under section 126C.05, subdivision 17, and shall generate state
English learner aid under section 124D.65, subdivision 5 new text begin , paragraph (a) new text end , if the pupil
scored below the state cutoff score or is otherwise counted as a nonproficient participant
on the assessment measuring the pupil's emerging academic English, or, in the judgment
of the pupil's classroom teachers, consistent with section 124D.61, clause (1), the pupil is
unable to demonstrate academic language proficiency in English, including oral academic
language, sufficient to successfully and fully participate in the general core curriculum
in the regular classroom.

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

(1) the pupil is not enrolled during the current fiscal year in an educational program
for English learners under sections 124D.58 to 124D.64; or

(2) the pupil has generated six or more years of average daily membership in
Minnesota public schools since July 1, 1996.

new text begin (d) "Newly proficient English learner" means a pupil enrolled in an English language
learner program for five or fewer years who:
new text end

new text begin (1) was enrolled in an educational program for English learners in the previous year;
new text end

new text begin (2) attained at least the state cutoff score on a commissioner-provided assessment
measuring English language proficiency in the previous year; and
new text end

new text begin (3) is no longer participating in an educational program for English learners in
the current year.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2016
and later.
new text end

Sec. 2.

Minnesota Statutes 2014, section 124D.65, subdivision 5, is amended to read:

Subd. 5.

School district EL revenue.

(a) A district's English learner programs
revenue equals the product of (1) $704 times (2) the greater of 20 or the adjusted average
daily membership of eligible English learners enrolled in the district during the current
fiscal year.

(b) deleted text begin A pupil ceases to generate state English learner aid in the school year following
the school year in which the pupil attains the state cutoff score on a commissioner-provided
assessment that measures the pupil's emerging academic English. deleted text end new text begin A district's English
language proficiency incentive aid equals the greater of zero or the product of:
new text end

new text begin (1) the number of newly proficient English learners in the district in their first year of
proficiency, as defined in section 124.59, subdivision 2, paragraph (d);
new text end

new text begin (2) $1,000; and
new text end

new text begin (3) the ratio of (i) six minus the number of years the pupil participated in an English
language learner program, to (ii) five.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2016
and later.
new text end

Sec. 3.

Minnesota Statutes 2014, section 126C.10, subdivision 4, is amended to read:

Subd. 4.

Basic skills revenue.

A school district's basic skills revenue equals the
sum of:

(1) compensatory revenue under subdivision 3; plus

(2) English learner revenue under section 124D.65, subdivision 5 new text begin , paragraph (a) new text end ; deleted text begin plus
deleted text end

(3) $250 times the English learner pupil units under section 126C.05, subdivision
17 deleted text begin . deleted text end new text begin ; and
new text end

new text begin (4) English language proficiency incentive aid under section 124D.65, subdivision
5a, paragraph (b).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2016
and later.
new text end