HF 2291

as introduced - 87th Legislature (2011 - 2012) Posted on 03/15/2012 06:26pm

A bill for an act
relating to education finance; creating a process for adjusting adult basic
education contact hours lost due to a service disruption; amending Minnesota
Statutes 2010, sections 124D.518, subdivision 3, by adding a subdivision;
124D.531, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2010, section 124D.518, is amended by adding a
subdivision to read:

new text begin Subd. 4a. new text end

new text begin Service disruption. new text end

new text begin "Service disruption" means the loss of student
contact time due to a natural disaster including, but not limited to, floods, tornadoes, and
fires, or the loss of student contact hours caused by a party other than the adult basic
education program or consortium including, but not limited to, building relocations and
transportation disruptions. A service disruption occurs only if:
new text end

new text begin (1) the loss of contact hours is sufficient to cause the consortium to lose revenue
equal to at least ten percent of the aid generated under section 124D.531, subdivision 3,
clause (2); or
new text end

new text begin (2) the loss of contact hours is sufficient to cause the program to lose revenue equal to
at least 15 percent of the aid generated under section 124D.531, subdivision 3, clause (2).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for aid for fiscal year 2013 and later.
new text end

Sec. 2.

Minnesota Statutes 2010, section 124D.518, subdivision 3, is amended to read:

Subd. 3.

Contact hours.

(a) "Contact hours" means the number of hours during
which a student was engaged in learning activities provided by an approved adult
education program. Contact hours excludes homework but includes interactive distance
learning. The commissioner may only reallocate contact hours among programs to adjust
for changes in program membership between the first prior program year and the current
program year based on the actual contact hours reported for the first prior program year. new text begin
The commissioner may adjust a program or consortium's contact hours due to a service
disruption according to the process established in section 124D.531, subdivision 10.
new text end

(b) For revenue beginning in fiscal year 2002, contact hours for a provider of adult
basic education services funded in fiscal year 2000, but not eligible for basic population
aid in fiscal year 2001, is computed by multiplying the provider's contact hours by 1.03.

(c) For aid in fiscal year 2001, contact hours in fiscal year 2000 equals the number
of full-time equivalent learners times the contact hours. A level one full-time equivalent
learner is equal to 240 contact hours and a level two full-time learner is equal to 408
contact hours.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for aid for fiscal year 2013 and later.
new text end

Sec. 3.

Minnesota Statutes 2010, section 124D.531, is amended by adding a
subdivision to read:

new text begin Subd. 10. new text end

new text begin Contact hours in cases of disruption of services. new text end

new text begin An adult basic
education program or consortium that has been subject to a service disruption may apply
to the commissioner in the form and manner established by the commissioner for an
adjusted number of contact hours. The program or consortium must demonstrate to the
commissioner's satisfaction that the loss in contact hours due to the service disruption was
outside of the control of the adult basic education program or its consortium and that the
program or consortium took reasonable actions to avoid the loss of contact hours. If the
commissioner approves the program or consortium's request, the commissioner may
adjust the number of contact hours of the program, and if applicable, of the consortium,
but in no case may the adjusted contact hours yield an aid amount for a consortium
under subdivision 3, clause (2), greater than the most recent two-year average aid under
that clause.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for aid for fiscal year 2013 and later.
new text end