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HF 2744

as introduced - 88th Legislature (2013 - 2014) Posted on 03/06/2014 01:07pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
 relating to education; modifying certain English learner provisions; amending
Minnesota Statutes 2012, section 124D.59, subdivision 2.

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

Section 1.

Minnesota Statutes 2012, 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 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 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, unless the pupil scored below the state
cutoff score or is otherwise counted as a nonproficient participant 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 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, if:

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

(2) the pupil has generated deleted text begin fivedeleted text end new text begin sevennew text end or more years of average daily membership in
Minnesota public schools since July 1, 1996.