HF 2908

as introduced - 89th Legislature (2015 - 2016) Posted on 03/15/2016 09:46am

A bill for an act
relating to education finance; providing additional support for homeless students;
creating professional development opportunities for staff who work with homeless
students; appropriating money; amending Minnesota Statutes 2014, sections
120A.20, subdivision 2; 120B.11, subdivision 2; 120B.115; 123B.92, subdivision
1; Minnesota Statutes 2015 Supplement, section 125A.76, subdivision 1; Laws
2015, First Special Session chapter 3, article 12, section 4, subdivision 2.

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

Section 1.

Minnesota Statutes 2014, section 120A.20, subdivision 2, is amended to read:

Subd. 2.

Education, residence, and transportation of homeless.

(a)
Notwithstanding subdivision 1, a district must not deny free admission to a homeless pupil
solely because the district cannot determine that the pupil is a resident of the district.

(b) The school district of residence for a homeless pupil shall be the school district in
which the parent or legal guardian resides, unless: (1) parental rights have been terminated
by court order; (2) the parent or guardian is not living within the state; or (3) the parent
or guardian having legal custody of the child is an inmate of a Minnesota correctional
facility or is a resident of a halfway house under the supervision of the commissioner
of corrections. If any of clauses (1) to (3) apply, the school district of residence shall
be the school district in which the pupil resided when the qualifying event occurred. If
no other district of residence can be established, the school district of residence shall
be the school district in which the pupil currently resides. If there is a dispute between
school districts regarding residency, the district of residence is the district designated by
the commissioner of education.

(c) The serving district is responsible for transporting a homeless pupil to and from
the pupil's district of residence. The district may transport from a permanent home in
another district deleted text begin but only deleted text end through the end of the academic school year new text begin , and, upon request
from the formerly homeless student, for the following academic year new text end . When a pupil is
enrolled in a charter school, the district or school that provides transportation for other
pupils enrolled in the charter school is responsible for providing transportation. When a
homeless student with or without an individualized education program attends a public
school other than an independent or special school district or charter school, the district of
residence is responsible for transportation.

Sec. 2.

Minnesota Statutes 2014, section 120B.11, subdivision 2, is amended to read:

Subd. 2.

Adopting plans and budgets.

A school board, at a public meeting, shall
adopt a comprehensive, long-term strategic plan to support and improve teaching and
learning that is aligned with creating the world's best workforce and includes:

(1) clearly defined district and school site goals and benchmarks for instruction and
student achievement for all student subgroups identified in section 120B.35, subdivision 3,
paragraph (b), clause (2);

(2) a process for assessing and evaluating each student's progress toward meeting state
and local academic standards and identifying the strengths and weaknesses of instruction
in pursuit of student and school success and curriculum affecting students' progress and
growth toward career and college readiness and leading to the world's best workforce;

(3) a system to periodically review and evaluate the effectiveness of all instruction
and curriculum, taking into account strategies and best practices, student outcomes, school
principal evaluations under section 123B.147, subdivision 3, and teacher evaluations
under section 122A.40, subdivision 8, or 122A.41, subdivision 5;

(4) strategies for improving instruction, curriculum, and student achievement,
including the English and, where practicable, the native language development and the
academic achievement of English learners;

(5) new text begin strategies for improving instruction, curriculum, student achievement, and
continuity of services for homeless and formerly homeless students;
new text end

new text begin (6) new text end education effectiveness practices that integrate high-quality instruction, rigorous
curriculum, technology, and a collaborative professional culture that develops and
supports teacher quality, performance, and effectiveness; and

deleted text begin (6) deleted text end new text begin (7) new text end an annual budget for continuing to implement the district plan.

Sec. 3.

Minnesota Statutes 2014, section 120B.115, is amended to read:

120B.115 REGIONAL CENTERS OF EXCELLENCE.

(a) Regional centers of excellence are established to assist and support school
boards, school districts, school sites, and charter schools in implementing research-based
interventions and practices to increase the students' achievement within a region.
The centers must develop partnerships with local and regional service cooperatives,
postsecondary institutions, integrated school districts, the department, children's mental
health providers, or other local or regional entities interested in providing a cohesive
and consistent regional delivery system that serves all schools equitably. Centers must
assist school districts, school sites, and charter schools in developing similar partnerships.
Center support may include assisting school districts, school sites, and charter schools
with common principles of effective practice, including:

(1) defining measurable education goals under sections 120B.022, subdivisions 1a
and 1b, and 120B.11, subdivision 2;

(2) implementing evidence-based practices, including applied and experiential
learning, contextualized learning, competency-based curricula and assessments, and other
nontraditional learning opportunities, among other practices;

(3) engaging in data-driven decision-making;

(4) providing multilayered levels of support;

(5) supporting culturally responsive teaching and learning aligning the development
of academic English proficiency, state and local academic standards, and career and
college readiness benchmarks;

(6) engaging parents, families, youth, and local community members in programs
and activities at the school district, school site, or charter school that foster collaboration
and shared accountability for the achievement of all students; deleted text begin and
deleted text end

(7) new text begin providing staff development and training opportunities for school district and
charter school homeless liaisons and other staff supporting homeless students; and
new text end

new text begin (8) new text end translating district forms and other information such as a multilingual glossary of
commonly used education terms and phrases.

Centers must work with school site leadership teams to build the expertise and experience
to implement programs that close the achievement gap, provide effective and differentiated
programs and instruction for different types of English learners, including English learners
with limited or interrupted formal schooling and long-term English learners under section
124D.59, subdivisions 2 and 2a, increase students' progress and growth toward career and
college readiness, and increase student graduation rates.

(b) The department must assist the regional centers of excellence to meet staff,
facilities, and technical needs, provide the centers with programmatic support, and work
with the centers to establish a coherent statewide system of regional support, including
consulting, training, and technical support, to help school boards, school districts, school
sites, and charter schools effectively and efficiently implement the world's best workforce
goals under section 120B.11 and other state and federal education initiatives, including
secondary and postsecondary career pathways and technical education.

Sec. 4.

Minnesota Statutes 2014, section 123B.92, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For purposes of this section and section 125A.76, the
terms defined in this subdivision have the meanings given to them.

(a) "Actual expenditure per pupil transported in the regular and excess transportation
categories" means the quotient obtained by dividing:

(1) the sum of:

(i) all expenditures for transportation in the regular category, as defined in paragraph
(b), clause (1), and the excess category, as defined in paragraph (b), clause (2), plus

(ii) an amount equal to one year's depreciation on the district's school bus fleet
and mobile units computed on a straight line basis at the rate of 15 percent per year for
districts operating a program under section 124D.128 for grades 1 to 12 for all students in
the district and 12-1/2 percent per year for other districts of the cost of the fleet, plus

(iii) an amount equal to one year's depreciation on the district's type III vehicles, as
defined in section 169.011, subdivision 71, which must be used a majority of the time for
pupil transportation purposes, computed on a straight line basis at the rate of 20 percent
per year of the cost of the type three school buses by:

(2) the number of pupils eligible for transportation in the regular category, as defined
in paragraph (b), clause (1), and the excess category, as defined in paragraph (b), clause (2).

(b) "Transportation category" means a category of transportation service provided to
pupils as follows:

(1) Regular transportation is:

(i) transportation to and from school during the regular school year for resident
elementary pupils residing one mile or more from the public or nonpublic school they
attend, and resident secondary pupils residing two miles or more from the public
or nonpublic school they attend, excluding desegregation transportation and noon
kindergarten transportation; but with respect to transportation of pupils to and from
nonpublic schools, only to the extent permitted by sections 123B.84 to 123B.87;

(ii) transportation of resident pupils to and from language immersion programs;

(iii) transportation of a pupil who is a custodial parent and that pupil's child between
the pupil's home and the child care provider and between the provider and the school, if
the home and provider are within the attendance area of the school;

(iv) transportation to and from or board and lodging in another district, of resident
pupils of a district without a secondary school; and

(v) transportation to and from school during the regular school year required under
subdivision 3 for nonresident elementary pupils when the distance from the attendance
area border to the public school is one mile or more, and for nonresident secondary pupils
when the distance from the attendance area border to the public school is two miles or
more, excluding desegregation transportation and noon kindergarten transportation.

For the purposes of this paragraph, a district may designate a licensed day care facility,
school day care facility, respite care facility, the residence of a relative, or the residence
of a person or other location chosen by the pupil's parent or guardian, or an after-school
program for children operated by a political subdivision of the state, as the home of a pupil
for part or all of the day, if requested by the pupil's parent or guardian, and if that facility,
residence, or program is within the attendance area of the school the pupil attends.

(2) Excess transportation is:

(i) transportation to and from school during the regular school year for resident
secondary pupils residing at least one mile but less than two miles from the public or
nonpublic school they attend, and transportation to and from school for resident pupils
residing less than one mile from school who are transported because of full-service school
zones, extraordinary traffic, drug, or crime hazards; and

(ii) transportation to and from school during the regular school year required under
subdivision 3 for nonresident secondary pupils when the distance from the attendance area
border to the school is at least one mile but less than two miles from the public school
they attend, and for nonresident pupils when the distance from the attendance area border
to the school is less than one mile from the school and who are transported because of
full-service school zones, extraordinary traffic, drug, or crime hazards.

(3) Desegregation transportation is transportation within and outside of the district
during the regular school year of pupils to and from schools located outside their normal
attendance areas under a plan for desegregation mandated by the commissioner or under
court order.

(4) "Transportation services for pupils with disabilities" is:

(i) transportation of pupils with disabilities who cannot be transported on a regular
school bus between home or a respite care facility and school;

(ii) necessary transportation of pupils with disabilities from home or from school to
other buildings, including centers such as developmental achievement centers, hospitals,
and treatment centers where special instruction or services required by sections 125A.03
to 125A.24, 125A.26 to 125A.48, and 125A.65 are provided, within or outside the district
where services are provided;

(iii) necessary transportation for resident pupils with disabilities required by sections
125A.12, and 125A.26 to 125A.48;

(iv) board and lodging for pupils with disabilities in a district maintaining special
classes;

(v) transportation from one educational facility to another within the district for
resident pupils enrolled on a shared-time basis in educational programs, and necessary
transportation required by sections 125A.18, and 125A.26 to 125A.48, for resident pupils
with disabilities who are provided special instruction and services on a shared-time basis
or if resident pupils are not transported, the costs of necessary travel between public
and private schools or neutral instructional sites by essential personnel employed by the
district's program for children with a disability;

(vi) transportation for resident pupils with disabilities to and from board and lodging
facilities when the pupil is boarded and lodged for educational purposes;

(vii) transportation of pupils for a curricular field trip activity on a school bus
equipped with a power lift when the power lift is required by a student's disability or
section 504 plan; and

(viii) services described in clauses (i) to (vii), when provided for pupils with
disabilities in conjunction with a summer instructional program that relates to the
pupil's individualized education program or in conjunction with a learning year program
established under section 124D.128.

For purposes of computing special education initial aid under section 125A.76, the
cost of providing transportation for children with disabilities includes (A) the additional
cost of transporting a homeless student from a temporary nonshelter home in another
district to the school of origin, or a formerly homeless student from a permanent home in
another district to the school of origin deleted text begin but only deleted text end through the end of the academic year new text begin , and,
upon request from the formerly homeless student, for the following academic year new text end ; and
(B) depreciation on district-owned school buses purchased after July 1, 2005, and used
primarily for transportation of pupils with disabilities, calculated according to paragraph
(a), clauses (ii) and (iii). Depreciation costs included in the disabled transportation
category must be excluded in calculating the actual expenditure per pupil transported in
the regular and excess transportation categories according to paragraph (a). For purposes
of subitem (A), a school district may transport a child who does not have a school of origin
to the same school attended by that child's sibling, if the siblings are homeless.

(5) "Nonpublic nonregular transportation" is:

(i) transportation from one educational facility to another within the district for
resident pupils enrolled on a shared-time basis in educational programs, excluding
transportation for nonpublic pupils with disabilities under clause (4);

(ii) transportation within district boundaries between a nonpublic school and a
public school or a neutral site for nonpublic school pupils who are provided pupil support
services pursuant to section 123B.44; and

(iii) late transportation home from school or between schools within a district for
nonpublic school pupils involved in after-school activities.

(c) "Mobile unit" means a vehicle or trailer designed to provide facilities for
educational programs and services, including diagnostic testing, guidance and counseling
services, and health services. A mobile unit located off nonpublic school premises is a
neutral site as defined in section 123B.41, subdivision 13.

Sec. 5.

Minnesota Statutes 2015 Supplement, section 125A.76, subdivision 1, is
amended to read:

Subdivision 1.

Definitions.

(a) For the purposes of this section and section 125A.79,
the definitions in this subdivision apply.

(b) "Basic revenue" has the meaning given it in section 126C.10, subdivision 2.
For the purposes of computing basic revenue pursuant to this section, each child with a
disability shall be counted as prescribed in section 126C.05, subdivision 1.

(c) "Essential personnel" means teachers, cultural liaisons, related services, and
support services staff providing services to students. Essential personnel may also include
special education paraprofessionals or clericals providing support to teachers and students
by preparing paperwork and making arrangements related to special education compliance
requirements, including parent meetings and individualized education programs. Essential
personnel does not include administrators and supervisors.

(d) "Average daily membership" has the meaning given it in section 126C.05.

(e) "Program growth factor" means 1.046 for fiscal years 2012 through 2015, 1.0
for fiscal year 2016, 1.046 for fiscal year 2017, and the product of 1.046 and the program
growth factor for the previous year for fiscal year 2018 and later.

(f) "Nonfederal special education expenditure" means all direct expenditures that
are necessary and essential to meet the district's obligation to provide special instruction
and services to children with a disability according to sections 124D.454, 125A.03 to
125A.24, 125A.259 to 125A.48, and 125A.65 as submitted by the district and approved by
the department under section 125A.75, subdivision 4, excluding expenditures:

(1) reimbursed with federal funds;

(2) reimbursed with other state aids under this chapter;

(3) for general education costs of serving students with a disability;

(4) for facilities;

(5) for pupil transportation; and

(6) for postemployment benefits.

(g) "Old formula special education expenditures" means expenditures eligible for
revenue under Minnesota Statutes 2012, section 125A.76, subdivision 2.

(h) For the Minnesota State Academy for the Deaf and the Minnesota State Academy
for the Blind, expenditures under paragraphs (f) and (g) are limited to the salary and
fringe benefits of one-to-one instructional and behavior management aides and one-to-one
licensed, certified professionals assigned to a child attending the academy, if the aides or
professionals are required by the child's individualized education program.

(i) "Cross subsidy reduction aid percentage" means 1.0 percent for fiscal year 2014
and 2.27 percent for fiscal year 2015.

(j) "Cross subsidy reduction aid limit" means $20 for fiscal year 2014 and $48
for fiscal year 2015.

(k) "Special education aid increase limit" means $80 for fiscal year 2016, $100 for
fiscal year 2017, and, for fiscal year 2018 and later, the sum of the special education aid
increase limit for the previous fiscal year and $40. new text begin A charter school or school district
subject to the special education aid limit imposed by this paragraph may exceed the aid
limit by the amount of any costs incurred providing transportation to homeless students
under section 123B.92, subdivision 1.
new text end

(l) "District" means a school district, a charter school, or a cooperative unit as
defined in section 123A.24, subdivision 2. Notwithstanding section 123A.26, cooperative
units as defined in section 123A.24, subdivision 2, are eligible to receive special education
aid under this section and section 125A.79.

Sec. 6.

Laws 2015, First Special Session chapter 3, article 12, section 4, subdivision 2,
is amended to read:

Subd. 2.

Department.

(a) For the Department of Education:

	$	21,246,000	.....	2016
	$	deleted text begin 21,973,000 deleted text end new text begin ....... new text end	.....	2017

Of these amounts:

(1) $718,000 each year is for the Board of Teaching;

(2) $228,000 in fiscal year 2016 and $231,000 in fiscal year 2017 are for the Board
of School Administrators;

(3) $1,000,000 deleted text begin each deleted text end new text begin in fiscal year 2016 and $....... in fiscal new text end year deleted text begin is deleted text end new text begin 2017 are new text end for
Regional Centers of Excellence under Minnesota Statutes, section 120B.115;

(4) $500,000 each year is for the School Safety Technical Assistance Center under
Minnesota Statutes, section 127A.052;

(5) $250,000 each year is for the School Finance Division to enhance financial
data analysis; and

(6) $441,000 in fiscal year 2016 and $720,000 in fiscal year 2017 deleted text begin is deleted text end new text begin are new text end for
implementing Laws 2014, chapter 272, article 1, Minnesota's Learning for English
Academic Proficiency and Success Act, as amended.

(b) Any balance in the first year does not cancel but is available in the second year.

(c) None of the amounts appropriated under this subdivision may be used for
Minnesota's Washington, D.C. office.

(d) The expenditures of federal grants and aids as shown in the biennial budget
document and its supplements are approved and appropriated and shall be spent as
indicated.

(e) This appropriation includes funds for information technology project services and
support subject to the provisions of Minnesota Statutes, section 16E.0466. Any ongoing
information technology costs will be incorporated into the service level agreement and
will be paid to the Office of MN.IT Services by the Department of Education under the
rates and mechanism specified in that agreement.

(f) The agency's base budget in fiscal year 2018 is $21,973,000. The agency's base
budget in fiscal year 2019 is $21,948,000.

Sec. 7. new text begin APPROPRIATION; HOMELESS PUPIL TRANSPORTATION.
new text end

new text begin $....... in fiscal year 2017 is appropriated from the general fund to the commissioner
of education for the purpose of fully funding transportation services for homeless students.
This amount is added to the appropriation in Laws 2015, First Special Session chapter 3,
article 5, section 30, subdivision 2.
new text end