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Minnesota Legislature

Office of the Revisor of Statutes

HF 2944

as introduced - 86th Legislature (2009 - 2010) Posted on 02/12/2010 09:50am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/12/2010

Current Version - as introduced

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A bill for an act
relating to education finance; modifying the school finance system; creating a
new education funding framework; making changes to income tax schedules;
amending Minnesota Statutes 2008, sections 123B.53, subdivision 5; 124D.4531,
as amended; 124D.59, subdivision 2; 124D.65, subdivision 5; 125A.76,
subdivision 5; 125A.79, subdivision 7; 126C.01, by adding subdivisions;
126C.05, subdivisions 1, 3, 5, 6, 8, 16, 17; 126C.10, subdivisions 1, 2, 2a,
3, 4, 6, 13, 14, 18, by adding subdivisions; 126C.13, subdivisions 4, 5;
126C.17, subdivisions 1, 5, 6; 126C.20; 126C.40, subdivision 1; 127A.51;
290.06, subdivision 2d; Minnesota Statutes 2009 Supplement, section 290.06,
subdivision 2c; proposing coding for new law in Minnesota Statutes, chapters
123B; 126C; repealing Minnesota Statutes 2008, sections 123B.54; 123B.57,
subdivisions 3, 4, 5; 123B.591; 125A.76, subdivision 4; 125A.79, subdivision 6;
126C.10, subdivisions 2b, 13a, 13b, 24, 25, 26, 27, 28, 29, 30, 31, 31a, 31b, 32,
33, 34, 35, 36; 126C.12; 126C.126; 127A.50.

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

Section 1.

Minnesota Statutes 2008, section 123B.53, subdivision 5, is amended to read:


Subd. 5.

Equalized debt service levy.

(a) The equalized debt service levy of a
district equals the sum of the first tier equalized debt service levy and the second tier
equalized debt service levy.

(b) A district's first tier equalized debt service levy equals the district's first tier debt
service equalization revenue times the lesser of one or the ratio of:

(1) the quotient derived by dividing the adjusted net tax capacity of the district for
the year before the year the levy is certified by the adjusted pupil units in the district for
the school year ending in the year prior to the year the levy is certified; to

(2) deleted text begin$3,200deleted text endnew text begin 100 percent of the statewide adjusted net tax capacity equalizing factornew text end.

(c) A district's second tier equalized debt service levy equals the district's second tier
debt service equalization revenue times the lesser of one or the ratio of:

(1) the quotient derived by dividing the adjusted net tax capacity of the district for
the year before the year the levy is certified by the adjusted pupil units in the district for
the school year ending in the year prior to the year the levy is certified; to

(2) deleted text begin$8,000deleted text endnew text begin 200 percent of the statewide adjusted net tax capacity equalizing factornew text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxes payable in 2010 and later.
new text end

Sec. 2.

new text begin [123B.555] SCHOOL BOND AGRICULTURAL CREDIT.
new text end

new text begin Subdivision 1. new text end

new text begin Eligibility. new text end

new text begin All class 2a, 2b, and 2c property under section 273.13,
subdivision 23, except for property consisting of the house, garage, and immediately
surrounding one acre of land of an agricultural homestead, is eligible to receive the credit
under this section.
new text end

new text begin Subd. 2. new text end

new text begin Credit amount. new text end

new text begin For each qualifying property, the school bond agricultural
credit is equal to 66 percent of the property's eligible net tax capacity multiplied by the
school debt tax rate determined under section 275.08, subdivision 1b.
new text end

new text begin Subd. 3. new text end

new text begin Credit reimbursements. new text end

new text begin The county auditor shall determine the tax
reductions allowed under this section within the county for each taxes payable year and
shall certify that amount to the commissioner of revenue as a part of the abstracts of tax
lists submitted under section 275.29. Any prior year adjustments shall also be certified on
the abstracts of tax lists. The commissioner shall review the certifications for accuracy,
and may make such changes as are deemed necessary, or return the certification to the
county auditor for correction. The credit under this section must be used to reduce the
school district net tax capacity-based property tax as provided in section 273.1393.
new text end

new text begin Subd. 4. new text end

new text begin Payment. new text end

new text begin The commissioner of revenue shall certify the total of the tax
reductions granted under this section for each taxes payable year within each school
district to the commissioner of education, who shall pay the reimbursement amounts to
each school district as provided in section 273.1392.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxes payable in 2010 and later.
new text end

Sec. 3.

Minnesota Statutes 2008, section 124D.4531, as amended by Laws 2009,
chapter 88, article 2, section 1, is amended to read:


124D.4531 CAREER AND TECHNICAL deleted text beginLEVYdeleted text endnew text begin AIDnew text end.

Subdivision 1.

Career and technical deleted text beginlevydeleted text endnew text begin aidnew text end.

(a) A district with a career and
technical program approved under this section deleted text beginfor the fiscal year in which the levy is
certified may levy an amount
deleted text end new text beginis eligible for aid new text endequal to the lesser of:

(1) deleted text begin$80deleted text end new text begin$240 new text endtimes the district's average daily membership in grades 10 through 12
for the new text begincurrent new text endfiscal year deleted text beginin which the levy is certifieddeleted text end; or

(2) 25 percent of approved expenditures in the new text beginprevious new text endfiscal year deleted text beginin which the
levy is certified
deleted text end for the following:

(i) salaries paid to essential, licensed personnel providing direct instructional
services to students in that fiscal year for services rendered in the district's approved
career and technical education programs;

(ii) contracted services provided by a public or private agency other than a Minnesota
school district or cooperative center under subdivision 7;

(iii) necessary travel between instructional sites by licensed career and technical
education personnel;

(iv) necessary travel by licensed career and technical education personnel for
vocational student organization activities held within the state for instructional purposes;

(v) curriculum development activities that are part of a five-year plan for
improvement based on program assessment;

(vi) necessary travel by licensed career and technical education personnel for
noncollegiate credit-bearing professional development; and

(vii) specialized vocational instructional supplies.

(b) Up to ten percent of a district's career and technical deleted text beginlevydeleted text end new text beginaid new text endmay be spent on
equipment purchases. Districts using the career and technical deleted text beginlevydeleted text end new text beginaid new text endfor equipment
purchases must report to the department on the improved learning opportunities for
students that result from the investment in equipment.

deleted text begin (c) The district must recognize the full amount of this levy as revenue for the fiscal
year in which it is certified.
deleted text end

Subd. 2.

Allocation from cooperative centers and intermediate districts.

For
purposes of this section, a cooperative center or an intermediate district must allocate its
approved expenditures for career and technical education programs among participating
districts.

Subd. 3.

deleted text beginLevydeleted text end new text beginAid new text endguarantee.

Notwithstanding subdivision 1, the career and
technical education deleted text beginlevydeleted text end new text beginaid new text endfor a district is not less than the lesser of:

(1) the district's career and technical education deleted text beginlevy authoritydeleted text end new text beginrevenue new text endfor the
previous fiscal year; or

(2) 100 percent of the approved expenditures for career and technical programs
included in subdivision 1, paragraph (b), for the new text beginprior new text endfiscal year deleted text beginin which the levy is
certified
deleted text end.

Subd. 4.

District reports.

Each district or cooperative center must report data to the
department for all career and technical education programs as required by the department
deleted text begin to implement the career and technical levy formuladeleted text end.

Subd. 5.

Allocation from districts participating in agreements for secondary
education or interdistrict cooperation.

For purposes of this section, a district with a
career and technical program approved under this section that participates in an agreement
under section 123A.30 or 123A.32 must allocate its levy authority under this section
among participating districts.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for aid payments for fiscal year
2011 and thereafter.
new text end

Sec. 4.

Minnesota Statutes 2008, 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, ifdeleted text begin:deleted text end

deleted text begin (1)deleted text end 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.64deleted text begin;
or
deleted text endnew text begin.new text end

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2011
and later.
new text end

Sec. 5.

Minnesota Statutes 2008, section 124D.65, subdivision 5, is amended to read:


Subd. 5.

School district LEP revenue.

(a) A district's limited English proficiency
programs revenue equals the product ofnew text begin:new text end (1) deleted text begin$700 in fiscal year 2004 and later timesdeleted text endnew text begin .2;new text end
(2) new text begin the basic formula allowance for that year; and (3) new text endthe greater of 20 or the adjusted
marginal cost average daily membership of eligible pupils of limited English proficiency
enrolled in the district during the current fiscal year.

(b) A pupil ceases to generate state limited English proficiency 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2011
and later.
new text end

Sec. 6.

Minnesota Statutes 2008, section 125A.76, subdivision 5, is amended to read:


Subd. 5.

School district special education aid.

A school district's special education
aid deleted text beginfor fiscal year 2008 and laterdeleted text end equals deleted text beginthe state total special education aid times the ratio
of the district's
deleted text end new text beginits new text endinitial special education aid deleted text beginto the state total initial special education aiddeleted text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2011
and later.
new text end

Sec. 7.

Minnesota Statutes 2008, section 125A.79, subdivision 7, is amended to read:


Subd. 7.

District special education excess cost aid.

A district's special education
excess cost aid deleted text beginfor fiscal year 2002 and laterdeleted text end equals deleted text beginthe state total special education excess
cost aid times the ratio of the district's
deleted text endnew text begin itsnew text end initial excess cost aid deleted text beginto the state total initial
excess cost aid
deleted text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2011
and later.
new text end

Sec. 8.

Minnesota Statutes 2008, section 126C.01, is amended by adding a subdivision
to read:


new text begin Subd. 2a. new text end

new text begin Adjusted net tax capacity equalizing factor. new text end

new text begin The adjusted net tax
capacity equalizing factor equals the quotient derived by dividing the total adjusted net tax
capacity of all school districts in the state for the year before the year the levy is certified
by the total number of adjusted pupil units in the state for the current school year.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxes payable in 2010 and later.
new text end

Sec. 9.

Minnesota Statutes 2008, section 126C.01, is amended by adding a subdivision
to read:


new text begin Subd. 3a. new text end

new text begin Referendum market value equalizing factor. new text end

new text begin The referendum market
value equalizing factor equals the quotient derived by dividing the total referendum
market value of all school districts in the state for the year before the year the levy is
certified by the total number of resident pupil units in the state for the current school year.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxes payable in 2010.
new text end

Sec. 10.

Minnesota Statutes 2008, section 126C.01, is amended by adding a
subdivision to read:


new text begin Subd. 5a. new text end

new text begin Location equity index. new text end

new text begin (a) A school district's location equity index
equals each district's composite wage level divided by the statewide average wage for the
same period. The composite wage level for a school district equals the sum of 50 percent
of the district's county wage level and 50 percent of the district's economic development
region composite wage level. The composite wage level is computed by using the most
recent three-year weighted wage data.
new text end

new text begin (b) A school district's location equity index must not be less than .9 or greater than
1.05.
new text end

new text begin (c) The commissioner of education annually must recalculate the indexes in this
section. For purposes of this subdivision, the commissioner must locate a school district
with boundaries that cross county borders in the county that generates the highest location
equity index for that district.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2011
and later.
new text end

Sec. 11.

Minnesota Statutes 2008, section 126C.05, subdivision 1, is amended to read:


Subdivision 1.

Pupil unit.

Pupil units for each Minnesota resident pupil under the
age of 21 or who meets the requirements of section 120A.20, subdivision 1, paragraph (c),
in average daily membership enrolled in the district of residence, in another district under
sections 123A.05 to 123A.08, 124D.03, 124D.08, or 124D.68; in a charter school under
section 124D.10; or for whom the resident district pays tuition under section 123A.18,
123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88, subdivision 4, 124D.04,
124D.05, 125A.03 to 125A.24, 125A.51, or 125A.65, shall be counted according to this
subdivision.

(a) A prekindergarten pupil with a disability who is enrolled in a program approved
by the commissioner and has an individual education plan is counted as the ratio of the
number of hours of assessment and education service to 825 times 1.25 with a minimum
average daily membership of 0.28, but not more than 1.25 pupil units.

(b) A prekindergarten pupil who is assessed but determined not to be disabled is
counted as the ratio of the number of hours of assessment service to 825 times 1.25.

(c) A kindergarten pupil with a disability who is enrolled in a program approved
by the commissioner is counted as the ratio of the number of hours of assessment and
education services required in the fiscal year by the pupil's individual education program
plan to 875, but not more than one.

(d) A kindergarten pupil who is not included in paragraph (c) is counted as deleted text begin.612deleted text endnew text begin 1.0new text end
pupil units.

(e) A pupil who is in any of grades 1 to 3 is counted as deleted text begin1.115deleted text endnew text begin 1.0new text end pupil units for
fiscal year 2000 and thereafter.

(f) A pupil who is any of grades 4 to 6 is counted as deleted text begin1.06deleted text endnew text begin 1.0new text end pupil units for fiscal
year 1995 and thereafter.

(g) A pupil who is in any of grades 7 to 12 is counted as deleted text begin1.3deleted text endnew text begin 1.0new text end pupil units.

(h) A pupil who is in the postsecondary enrollment options program is counted as
deleted text begin 1.3deleted text endnew text begin 1.0new text end pupil units.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2011
and later.
new text end

Sec. 12.

Minnesota Statutes 2008, section 126C.05, subdivision 3, is amended to read:


Subd. 3.

Compensation revenue pupil units.

Compensation revenue pupil units
deleted text begin for fiscal year 1998 and thereafterdeleted text end must be computed according to this subdivision.

(a) The compensation revenue concentration percentage for each deleted text beginbuilding in adeleted text end
district equals the product of 100 times the ratio of:

(1) deleted text beginthe sum ofdeleted text end the number of pupils enrolled in the deleted text beginbuildingdeleted text endnew text begin districtnew text end eligible to receive
free deleted text beginlunch plus one-half of the pupils eligible to receive reduced priceddeleted text end new text beginor reduced-price
new text endlunch on October 1 of the previous fiscal year; to

(2) the number of pupils enrolled in the deleted text beginbuildingdeleted text endnew text begin districtnew text end on October 1 of the
previous fiscal year.

(b) The compensation revenue pupil weighting factor deleted text beginfor a buildingdeleted text end equals the
deleted text begin lesser of one or the quotient obtained by dividing the building'sdeleted text end compensation revenue
concentration percentage deleted text beginby 80.0deleted text end.

(c) The compensation revenue pupil units for a deleted text beginbuildingdeleted text endnew text begin districtnew text end equals the product of:

(1) deleted text beginthe sum ofdeleted text end the number of pupils enrolled in the deleted text beginbuildingdeleted text endnew text begin districtnew text end eligible to receive
free deleted text beginlunch and one-half of the pupils eligible to receive reduced priceddeleted text end new text beginor reduced-price
new text endlunch on October 1 of the previous fiscal year; times

(2) the compensation revenue pupil weighting factor for the deleted text beginbuilding; times
deleted text end

deleted text begin (3) .60deleted text endnew text begin districtnew text end.

(d) Notwithstanding paragraphs (a) to (c), for charter schools and contracted
alternative programs in the first year of operation, compensation revenue pupil units shall
be computed using data for the current fiscal year. If the charter school or contracted
alternative program begins operation after October 1, compensatory revenue pupil units
shall be computed based on pupils enrolled on an alternate date determined by the
commissioner, and the compensation revenue pupil units shall be prorated based on the
ratio of the number of days of student instruction to 170 days.

(e) The percentages in this subdivision must be based on the count of individual
pupils and not on a building average or minimum.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2011
and later.
new text end

Sec. 13.

Minnesota Statutes 2008, section 126C.05, subdivision 5, is amended to read:


Subd. 5.

Adjusted pupil units.

deleted text begin(a)deleted text end Adjusted pupil units for a district or charter
school means the sum of:

(1) the number of pupil units served, according to subdivision 7, plus

(2) pupil units according to subdivision 1 for whom the district or charter school
pays tuition under section 123A.18, 123A.22, 123A.30, 123A.32, 123A.44, 123A.488,
123B.88, subdivision 4, 124D.04, 124D.05, 125A.03 to 125A.24, 125A.51, or 125A.65,
minus

(3) pupil units according to subdivision 1 for whom the district or charter school
receives tuition under section 123A.18, 123A.22, 123A.30, 123A.32, 123A.44, 123A.488,
123B.88, subdivision 4, 124D.04, 124D.05, 125A.03 to 125A.24, 125A.51, or 125A.65.

deleted text begin (b) Adjusted marginal cost pupil units means the greater of:
deleted text end

deleted text begin (1) the sum of .77 times the pupil units defined in paragraph (a) for the current school
year and .23 times the pupil units defined in paragraph (a) for the previous school year; or
deleted text end

deleted text begin (2) the number of adjusted pupil units defined in paragraph (a) for the current school
year.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2011
and later.
new text end

Sec. 14.

Minnesota Statutes 2008, section 126C.05, subdivision 6, is amended to read:


Subd. 6.

Resident pupil units.

deleted text begin(a)deleted text end Resident pupil units for a district means the
number of pupil units according to subdivision 1 residing in the district.

deleted text begin (b) Resident marginal cost pupil units means the greater of:
deleted text end

deleted text begin (1) the sum of .77 times the pupil units defined in paragraph (a) for the current year
and .23 times the pupil units defined in paragraph (a) for the previous school year; or
deleted text end

deleted text begin (2) the number of resident pupil units defined in paragraph (a) for the current school
year.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2011
and later.
new text end

Sec. 15.

Minnesota Statutes 2008, section 126C.05, subdivision 8, is amended to read:


Subd. 8.

Average daily membership.

(a) Membership for pupils in grades
kindergarten through 12 and for prekindergarten pupils with disabilities shall mean the
number of pupils on the current roll of the school, counted from the date of entry until
withdrawal. The date of withdrawal shall mean the day the pupil permanently leaves
the school or the date it is officially known that the pupil has left or has been legally
excused. However, a pupil, regardless of age, who has been absent from school for 15
consecutive school days during the regular school year or for five consecutive school days
during summer school or intersession classes of flexible school year programs without
receiving instruction in the home or hospital shall be dropped from the roll and classified
as withdrawn. Nothing in this section shall be construed as waiving the compulsory
attendance provisions cited in section 120A.22. Average daily membership equals the
sum for all pupils of the number of days of the school year each pupil is enrolled in the
district's schools divided by the number of days the schools are in session. Days of
summer school or intersession classes of flexible school year programs are only included
in the computation of membership for pupils with a disability not appropriately served
primarily in the regular classroom. A student must not be counted as more than 1.2 pupils
in average daily membership under this section. When the initial total average daily
membership exceeds 1.2 for a pupil enrolled in more than one school district during the
fiscal year, each district's average daily membership must be reduced proportionately.

(b) A student must not be counted as more than one pupil in average daily
membership except for purposes of section 126C.10, subdivision 2a.

new text begin (c) For purposes of section 126C.10, subdivision 2a, only, a pupil's average daily
membership is counted as 1.0 once a kindergarten or elementary pupil has received 960
hours of instruction during the school year and as 1.0 once a secondary student has
received 1,050 hours of instruction during the school year.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2011
and later.
new text end

Sec. 16.

Minnesota Statutes 2008, section 126C.05, subdivision 16, is amended to read:


Subd. 16.

Free and reduced-price lunches.

The commissioner shall determine the
number of children eligible to receive either a free or reduced-price lunch on October 1
each year. Children enrolled deleted text beginin a buildingdeleted text end on October 1 and determined to be eligible to
receive free or reduced-price lunch by December 15 of that school year shall be counted
as eligible on October 1 for purposes of subdivision 3. The commissioner may use
federal definitions for these purposes and may adjust these definitions as appropriate.
The commissioner may adopt reporting guidelines to assure accuracy of data counts and
eligibility. Districts shall use any guidelines adopted by the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2011
and later.
new text end

Sec. 17.

Minnesota Statutes 2008, section 126C.05, subdivision 17, is amended to read:


Subd. 17.

LEP pupil units.

(a) Limited English proficiency pupil units deleted text beginfor fiscal
year 2004 and thereafter shall be determined according to this subdivision.
deleted text end

deleted text begin (b) The limited English proficiency concentration percentage for a district equals the
product of 100 times the ratio of:
deleted text end

deleted text begin (1)deleted text endnew text begin meansnew text end the number of eligible pupils of limited English proficiency in average
daily membership enrolled in the district during the current fiscal yeardeleted text begin; todeleted text endnew text begin.
new text end

deleted text begin (2) the number of pupils in average daily membership enrolled in the district.
deleted text end

deleted text begin (c) The limited English proficiency pupil units for each eligible pupil of limited
English proficiency in average daily membership equals the lesser of one or the quotient
obtained by dividing the limited English proficiency concentration percentage for the
pupil's district of enrollment by 11.5.
deleted text end

deleted text begin (d)deleted text endnew text begin (b)new text end Limited English proficiency pupil units shall be counted by the district of
enrollment.

deleted text begin (e)deleted text endnew text begin (c)new text end Notwithstanding paragraph deleted text begin(d)deleted text endnew text begin (b)new text end, for the purposes of this subdivision,
pupils enrolled in a cooperative or intermediate school district shall be counted by the
district of residence.

deleted text begin (f)deleted text endnew text begin (d)new text end For the purposes of this subdivision, the terms defined in section 124D.59
have the same meaning.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2011
and later.
new text end

Sec. 18.

new text begin [126C.09] EDUCATION FUNDING FRAMEWORK.
new text end

new text begin Subdivision 1. new text end

new text begin Basic formula framework; general classroom funding. new text end

new text begin The
general classroom funding for each school district equals the sum of the district's general
education basic revenue, extended time revenue, compensatory revenue, LEP revenue,
referendum replacement revenue, and special education revenue.
new text end

new text begin Subd. 2. new text end

new text begin District instructional services. new text end

new text begin A school district's instructional services
revenue equals the sum of its operating sparsity revenue, location equity revenue, and
declining enrollment revenue.
new text end

new text begin Subd. 3. new text end

new text begin District support services. new text end

new text begin A school district's support services revenue
equals the sum of its operating capital revenue, alternative facilities revenue, integration
revenue, and transportation revenue.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2011
and later.
new text end

Sec. 19.

Minnesota Statutes 2008, section 126C.10, subdivision 1, is amended to read:


Subdivision 1.

General education revenue.

new text begin(a) new text endFor fiscal year 2006 deleted text beginand laterdeleted text endnew text begin
through 2013
new text end, the general education revenue for each district equals the sum of the
district's basic revenue, extended time revenue, gifted and talented revenue, basic skills
revenue, training and experience revenue, secondary sparsity revenue, elementary sparsity
revenue, transportation sparsity revenue, total operating capital revenue, equity revenue,
alternative teacher compensation revenue, and transition revenue.

new text begin (b) For fiscal years 2011 and later, a school district's general education revenue
equals the sum of its basic revenue, extended time revenue, declining enrollment revenue,
basic skills revenue, location equity revenue, referendum replacement revenue, secondary
sparsity revenue, elementary sparsity revenue, transportation revenue, and total operating
capital revenue.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2011
and later.
new text end

Sec. 20.

Minnesota Statutes 2008, section 126C.10, subdivision 2, is amended to read:


Subd. 2.

Basic revenue.

new text begin(a) new text endThe basic revenue for each district equals the formula
allowance times the adjusted deleted text beginmarginal costdeleted text end pupil units for the school year.

new text begin (b) new text endThe formula allowance for fiscal year 2007 is $4,974. The formula allowance for
fiscal year 2008 is $5,074 and the formula allowance for fiscal year 2009 deleted text beginand subsequent
years
deleted text end is $5,124.

new text begin (c) The formula allowance for fiscal year 2011 is $7,500. The formula allowance
for fiscal year 2015 and later equals the formula allowance for the previous year times
the sum of 1.0 and the greater of zero or the ratio of implicit price deflator, as defined in
section 275.70, subdivision 2, for the most recent year to the implicit price deflator for
the previous year.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2011
and later.
new text end

Sec. 21.

Minnesota Statutes 2008, section 126C.10, subdivision 2a, is amended to read:


Subd. 2a.

Extended time revenue.

(a) A school district's extended time revenue
is equal to the product of deleted text begin$4,601deleted text endnew text begin the formula allowance for that yearnew text end and the sum of
the adjusted deleted text beginmarginal costdeleted text end pupil units of the district for each pupil in average daily
membership in excess of 1.0 and less than 1.2 according to section 126C.05, subdivision 8.

(b) A school district's extended time revenue may be used for extended day
programs, extended week programs, summer school, and other programming authorized
under the learning year program.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2011
and later.
new text end

Sec. 22.

Minnesota Statutes 2008, section 126C.10, is amended by adding a
subdivision to read:


new text begin Subd. 2c. new text end

new text begin Declining enrollment revenue. new text end

new text begin A school district's declining enrollment
revenue equals the greater of zero or the product of: (1) the basic formula allowance for
that year; and (2) the difference between the mean average adjusted pupil units for the
three preceding years and the adjusted pupil units for 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 2011
and later.
new text end

Sec. 23.

Minnesota Statutes 2008, section 126C.10, is amended by adding a
subdivision to read:


new text begin Subd. 2d. new text end

new text begin Location equity revenue. new text end

new text begin A school district's location equity revenue
equals the product of:
new text end

new text begin (1) .50;
new text end

new text begin (2) the basic formula allowance for that year;
new text end

new text begin (3) the district's adjusted pupil units for that year; and
new text end

new text begin (4) the district's location equity index minus .9.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2011
and later.
new text end

Sec. 24.

Minnesota Statutes 2008, section 126C.10, is amended by adding a
subdivision to read:


new text begin Subd. 2e. new text end

new text begin Referendum replacement revenue. new text end

new text begin A school district's referendum
replacement revenue equals $500 times the district's adjusted pupil units for that year.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2011
and later.
new text end

Sec. 25.

Minnesota Statutes 2008, section 126C.10, subdivision 3, is amended to read:


Subd. 3.

Compensatory education revenue.

(a) The compensatory education
revenue for each deleted text beginbuilding in thedeleted text end district equals new text begin the greater of: (1) $2,500 times the district's
enrollment of students eligible for free or reduced-price meals under section 126C.05,
subdivision 3, paragraph (a), clause (1); or (2) 40 percent of
new text endthe formula allowance deleted text beginminus
$415
deleted text end times the compensation revenue pupil units computed according to section 126C.05,
subdivision 3
. Revenue shall be paid to the district and must be allocated according to
section 126C.15, subdivision 2.

(b) When the district contracting with an alternative program under section 124D.69
changes prior to the start of a school year, the compensatory revenue generated by pupils
attending the program shall be paid to the district contracting with the alternative program
for the current school year, and shall not be paid to the district contracting with the
alternative program for the prior school year.

(c) When the fiscal agent district for an area learning center changes prior to the start
of a school year, the compensatory revenue shall be paid to the fiscal agent district for the
current school year, and shall not be paid to the fiscal agent district for the prior school year.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2011
and later.
new text end

Sec. 26.

Minnesota Statutes 2008, 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) limited English proficiency revenue under section 124D.65, subdivision 5deleted text begin; plusdeleted text endnew text begin.new text end

deleted text begin (3) $250 times the limited English proficiency pupil units under section 126C.05,
subdivision 17
.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2011
and later.
new text end

Sec. 27.

Minnesota Statutes 2008, section 126C.10, subdivision 6, is amended to read:


Subd. 6.

Definitions.

The definitions in this subdivision apply only to subdivisions
7 and 8.

(a) "High school" means a public secondary school, except a charter school under
section 124D.10, that has pupils enrolled in at least the 10th, 11th, and 12th grades. If
there is no high school in the district and the school is at least deleted text begin19deleted text endnew text begin 15new text end miles from the next
nearest school, the commissioner must designate one school in the district as a high school
for the purposes of this section.

(b) "Secondary average daily membership" means, for a district that has only one
high school, the average daily membership of pupils served in grades 7 through 12. For a
district that has more than one high school, "secondary average daily membership" for
each high school means the product of the average daily membership of pupils served in
grades 7 through 12 in the high school, times the ratio of six to the number of grades
in the high school.

(c) "Attendance area" means the total surface area of the district, in square miles,
divided by the number of high schools in the district. For a district that does not operate
a high school and is less than deleted text begin19deleted text endnew text begin 15new text end miles from the nearest operating high school, the
attendance area equals zero.

(d) "Isolation index" for a high school means the square root of 55 percent of the
attendance area plus the distance in miles, according to the usually traveled routes,
between the high school and the nearest high school. For a district in which there is located
land defined in section 84A.01, 84A.20, or 84A.31, the distance in miles is the sum of:

(1) the square root of one-half of the attendance area; and

(2) the distance from the border of the district to the nearest high school.

(e) "Qualifying high school" means a high school that has an isolation index greater
than 23 and that has secondary average daily membership of less than 400.

(f) "Qualifying elementary school" means a public elementary school, except a
charter school under section 124D.10, that is located deleted text begin19deleted text endnew text begin 15new text end miles or more from the nearest
elementary school or from the nearest elementary school within the district and, in either
case, has an elementary average daily membership of an average of 20 or fewer per grade.

(g) "Elementary average daily membership" means, for a district that has only
one elementary school, the average daily membership of pupils served in kindergarten
through grade 6. For a district that has more than one elementary school, "average daily
membership" for each school means the average daily membership of pupils served in
kindergarten through grade 6 multiplied by the ratio of seven to the number of grades
in the elementary school.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2011
and later.
new text end

Sec. 28.

Minnesota Statutes 2008, section 126C.10, subdivision 13, is amended to read:


Subd. 13.

Total operating capitalnew text begin and technologynew text end revenue.

(a) Total operating
capital revenue for a district equalsnew text begin: (1) $50 times the adjusted pupil units for the school
year for technology purposes; (2) for any district not participating in the alternative
facilities program under section 123B.59, $600 times the adjusted pupil units for deferred
maintenance and health and safety purposes under sections 123B.57 and 123B.59; (3)
new text end the
amount determined under paragraph (b) or (c)deleted text begin, plus $73deleted text endnew text begin; and (4) $100new text end times the adjusted
deleted text begin marginal costdeleted text end pupil units for the school year. The revenue must be placed in a reserved
account in the general fund and may only be used according to subdivision 14.

(b) Capital revenue for a district equals $100 times the district's maintenance cost
index times its adjusted deleted text beginmarginal costdeleted text end pupil units for the school year.

(c) The revenue for a district that operates a program under section 124D.128, is
increased by an amount equal to $30 times the number of deleted text beginmarginal costdeleted text endnew text begin adjustednew text end pupil
units served at the site where the program is implemented.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2011
and later.
new text end

Sec. 29.

Minnesota Statutes 2008, section 126C.10, subdivision 14, is amended to read:


Subd. 14.

Uses of total operating capital revenue.

new text beginTechnology revenue may only
be used for purposes in clauses (18), (19), (21), (23), and (24).
new text endTotal operating capital
revenue may be used only for the following purposes:

(1) to acquire land for school purposes;

(2) to acquire or construct buildings for school purposes;

(3) to rent or lease buildings, including the costs of building repair or improvement
that are part of a lease agreement;

(4) to improve and repair school sites and buildings, and equip or reequip school
buildings with permanent attached fixtures, including library media centers;

(5) for a surplus school building that is used substantially for a public nonschool
purpose;

(6) to eliminate barriers or increase access to school buildings by individuals with a
disability;

(7) to bring school buildings into compliance with the State Fire Code adopted
according to chapter 299F;

(8) to remove asbestos from school buildings, encapsulate asbestos, or make
asbestos-related repairs;

(9) to clean up and dispose of polychlorinated biphenyls found in school buildings;

(10) to clean up, remove, dispose of, and make repairs related to storing heating fuel
or transportation fuels such as alcohol, gasoline, fuel oil, and special fuel, as defined
in section 296A.01;

(11) for energy audits for school buildings and to modify buildings if the audit
indicates the cost of the modification can be recovered within ten years;

(12) to improve buildings that are leased according to section 123B.51, subdivision 4;

(13) to pay special assessments levied against school property but not to pay
assessments for service charges;

(14) to pay principal and interest on state loans for energy conservation according to
section 216C.37 or loans made under the Douglas J. Johnson Economic Protection Trust
Fund Act according to sections 298.292 to 298.298;

(15) to purchase or lease interactive telecommunications equipment;

(16) by board resolution, to transfer money into the debt redemption fund to: (i)
pay the amounts needed to meet, when due, principal and interest payments on certain
obligations issued according to chapter 475; or (ii) pay principal and interest on debt
service loans or capital loans according to section 126C.70;

(17) to pay operating capital-related assessments of any entity formed under a
cooperative agreement between two or more districts;

(18) to purchase or lease computers and related materials, copying machines,
telecommunications equipment, and other noninstructional equipment;

(19) to purchase or lease assistive technology or equipment for instructional
programs;

(20) to purchase textbooks;

(21) to purchase new and replacement library media resources or technology;

(22) to purchase vehicles;

(23) to purchase or lease telecommunications equipment, computers, and related
equipment for integrated information management systems for:

(i) managing and reporting learner outcome information for all students under a
results-oriented graduation rule;

(ii) managing student assessment, services, and achievement information required
for students with individual education plans; and

(iii) other classroom information management needs; and

(24) to pay personnel costs directly related to the acquisition, operation, and
maintenance of telecommunications systems, computers, related equipment, and network
and applications software.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2011.
new text end

Sec. 30.

Minnesota Statutes 2008, section 126C.10, subdivision 18, is amended to read:


Subd. 18.

Transportation sparsity revenue allowance.

deleted text begin(a)deleted text end A district's
transportation sparsity allowance equals the greater of zero or the result of the following
computation:

(i) Multiply the formula allowance according to subdivision 2, by .1469.

(ii) Multiply the result in clause (i) by the district's sparsity index raised to the
26/100 power.

(iii) Multiply the result in clause (ii) by the district's density index raised to the
13/100 power.

(iv) Multiply the formula allowance according to subdivision 2, by .0485.

(v) Subtract the result in clause (iv) from the result in clause (iii).

deleted text begin (b) Transportation sparsity revenue is equal to the transportation sparsity allowance
times the adjusted marginal cost pupil units.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fiscal year 2011 and later.
new text end

Sec. 31.

Minnesota Statutes 2008, section 126C.10, is amended by adding a
subdivision to read:


new text begin Subd. 18a. new text end

new text begin Transportation revenue. new text end

new text begin (a) A school district's transportation revenue
equals the sum of its transportation sparsity revenue, hazardous transportation revenue,
and bus purchase revenue.
new text end

new text begin (b) A school district's transportation sparsity revenue equals its transportation
sparsity allowance times its adjusted pupil units for that year.
new text end

new text begin (c) A school district's hazardous transportation aid equals the amount necessary to
provide transportation services to students facing hazardous transportation conditions. A
district's hazardous transportation aid must not exceed 20 percent of the district's total
regular to and from school transportation costs for that year. For any year, a school
district may receive aid under this paragraph only after the school board has considered
the comprehensive plan for hazardous transportation submitted by the district's pupil
transportation safety committee at a regularly scheduled meeting of the school board. The
comprehensive plan may not be adopted until after the board has allowed the public
reasonable time to testify on the plan.
new text end

new text begin (d) A school district's bus purchase revenue equals five percent of the district's
spending on transportation services for the previous fiscal year.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2011
and later.
new text end

Sec. 32.

new text begin [126C.115] INNOVATION REVENUE.
new text end

new text begin (a) A school district must use its innovation revenue to implement evidence-based
innovation premised on research-based curriculum and instruction and other education
programs and practices, including best teaching practices, that are known to improve
academic performance for diverse groups of students. If a school district demonstrates
low growth and needs to improve students' current achievement and educational growth,
as measured by a growth-based value-added system under section 120B.35, the school
district must submit a plan to the commissioner, developed in consultation with interested
parents, that describes how the district proposes to use its innovation revenue to
supplement state reading requirements under section 120B.12, subdivision 1, and state
math and science requirements under section 120B.023, subdivision 2, paragraphs (b) and
(d), and improve student outcomes. The plan must:
new text end

new text begin (1) identify specific education goals, consistent with this section, and the indicators
to demonstrate progress toward achieving those goals, which may include a value-added
assessment model under sections 120B.35 and 120B.362;
new text end

new text begin (2) supplement current district initiatives that may transform district programs,
practices, and processes sufficient to significantly improve student outcomes, which
may include, among other initiatives, an organizational assessment and performance
improvement process under section 120B.3625; and
new text end

new text begin (3) demonstrate how innovation revenue helps narrow and eliminate differences in
student academic achievement in reading, math, and science based on student measures of
mobility, attendance, race and ethnicity, gender, English language learner status, eligibility
for free or reduced price lunch, and special education, among other outcomes.
new text end

new text begin (b) After transmitting its plan to the commissioner, a district must spend its
innovation revenue effectively and efficiently, consistent with its plan. A school district
that submits an innovation revenue plan under paragraph (a) must report annually by June
30 to the commissioner and post on the district's official Web site reliable and accessible
information and supporting longitudinal data showing the amount of progress the district
made in the immediately preceding school year and previous school years in realizing its
innovation revenue goals. The commissioner must analyze the data from the annual
district reports and post the analysis on the department's official Web site.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2011
and later.
new text end

Sec. 33.

Minnesota Statutes 2008, section 126C.13, subdivision 4, is amended to read:


Subd. 4.

General education aid.

deleted text beginFor fiscal years 2007 and later,deleted text end A district's general
education aid deleted text beginis the sum of the following amountsdeleted text endnew text begin equals itsnew text end:

(1) general education revenuedeleted text begin, excluding equity revenue, total operating capital
revenue, alternative teacher compensation revenue, and transition revenue;
deleted text end

deleted text begin (2) operating capital aid under section 126C.10, subdivision 13b;
deleted text end

deleted text begin (3) equity aid under section 126C.10, subdivision 30;
deleted text end

deleted text begin (4) alternative teacher compensation aid under section 126C.10, subdivision 36;
deleted text end

deleted text begin (5) transition aid under section 126C.10, subdivision 33deleted text endnew text begin for that yearnew text end;

deleted text begin (6)deleted text endnew text begin (2)new text end shared time aid under section 126C.01, subdivision 7;

deleted text begin (7)deleted text endnew text begin (3)new text end referendum aid under section 126C.17, subdivisions 7 and 7a; and

deleted text begin (8)deleted text endnew text begin (4)new text end online learning aid according to section 124D.096.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2011
and later.
new text end

Sec. 34.

Minnesota Statutes 2008, section 126C.13, subdivision 5, is amended to read:


Subd. 5.

Uses of revenue.

deleted text beginExcept as provided in sections 126C.10, subdivision
14
; 126C.12; and 126C.15,
deleted text endnew text begin (a)new text end General education revenue may be used during the
regular school year and the summer for general and special school purposesnew text begin and for
prekindergarten programs except as limited by paragraph (b)
new text end.

new text begin (b) General education revenue set-asides include:
new text end

new text begin (1) 1.0 percent of basic revenue must be used only for gifted and talented activities
consistent with section 120B.15;
new text end

new text begin (2) 5.0 percent of basic revenue must be used only to implement a district's
innovative revenue program activities under section 126C.115;
new text end

new text begin (3) basic skills revenue must be used according to section 126C.15; and
new text end

new text begin (4) operating capital revenue must be spent according to section 126C.10,
subdivision 14.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2011
and later.
new text end

Sec. 35.

Minnesota Statutes 2008, section 126C.17, subdivision 1, is amended to read:


Subdivision 1.

Referendum allowance.

deleted text begin (a) For fiscal year 2003 and later, a district's
initial referendum revenue allowance equals the sum of the allowance under section
126C.16, subdivision 2, plus any additional allowance per resident marginal cost pupil
unit authorized under subdivision 9 before May 1, 2001, for fiscal year 2002 and later,
plus the referendum conversion allowance approved under subdivision 13, minus $415.
For districts with more than one referendum authority, the reduction must be computed
separately for each authority. The reduction must be applied first to the referendum
conversion allowance and next to the authority with the earliest expiration date. A
district's initial referendum revenue allowance may not be less than zero.
deleted text end

deleted text begin (b) For fiscal year 2003, a district's referendum revenue allowance equals the initial
referendum allowance plus any additional allowance per resident marginal cost pupil unit
authorized under subdivision 9 between April 30, 2001, and December 30, 2001, for
fiscal year 2003 and later.
deleted text end

deleted text begin (c) For fiscal year 2004 and later,deleted text end A district's referendum revenue allowance equals
the sum of:

(1) the deleted text beginproduct of (i) the ratio of the resident marginal cost pupil units the district
would have counted for fiscal year 2004 under Minnesota Statutes 2002, section 126C.05,
to the district's resident marginal cost pupil units for fiscal year 2004, times (ii) the
deleted text endnew text begin greater
of zero or the district's
new text end initial referendum allowance deleted text beginplus any additional allowance per
resident marginal cost pupil unit authorized under subdivision 9 between April 30, 2001,
and May 30, 2003,
deleted text end for fiscal year deleted text begin2003 and laterdeleted text endnew text begin 2014 less $500new text end, plus

(2) any additional allowance per resident deleted text beginmarginal costdeleted text end pupil unit authorized under
subdivision 9 after May 30, deleted text begin2003deleted text endnew text begin 2012new text end, for fiscal year deleted text begin2005deleted text endnew text begin 2014new text end and later.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2011
and later.
new text end

Sec. 36.

Minnesota Statutes 2008, section 126C.17, subdivision 5, is amended to read:


Subd. 5.

Referendum equalization revenue.

(a) deleted text beginFor fiscal year 2003 and later,deleted text end
A district's referendum equalization revenue equals the sum of the first tier referendum
equalization revenue and the second tier referendum equalization revenue.

deleted text begin (b) A district's first tier referendum equalization revenue equals the district's first
tier referendum equalization allowance times the district's resident marginal cost pupil
units for that year.
deleted text end

deleted text begin (c) For fiscal year 2006, a district's first tier referendum equalization allowance
equals the lesser of the district's referendum allowance under subdivision 1 or $500. For
fiscal year 2007, a district's first tier referendum equalization allowance equals the lesser
of the district's referendum allowance under subdivision 1 or $600.
deleted text end

deleted text begin For fiscal year 2008 and later,deleted text endnew text begin (b) new text end A district's first tier referendum equalization
allowance equals the lesser of the district's referendum allowance under subdivision 1
or $700.

deleted text begin (d)deleted text endnew text begin (c)new text end A district's second tier referendum equalization revenue equals the district's
second tier referendum equalization allowance times the district's resident marginal cost
pupil units for that year.

deleted text begin (e) For fiscal year 2006, a district's second tier referendum equalization allowance
equals the lesser of the district's referendum allowance under subdivision 1 or 18.6 percent
of the formula allowance, minus the district's first tier referendum equalization allowance.
For fiscal year 2007 and later,
deleted text endnew text begin (d)new text end A district's second tier referendum equalization
allowance equals the lesser of the district's referendum allowance under subdivision 1 or
26 percent of the formula allowance, minus the district's first tier referendum equalization
allowance.

deleted text begin (f) deleted text endnew text begin (e) new text endNotwithstanding paragraph deleted text begin(e)deleted text endnew text begin (d)new text end, the second tier referendum allowance for a
district qualifying for secondary sparsity revenue under section 126C.10, subdivision 7, or
elementary sparsity revenue under section 126C.10, subdivision 8, equals the district's
referendum allowance under subdivision 1 minus the district's first tier referendum
equalization allowance.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2011.
new text end

Sec. 37.

Minnesota Statutes 2008, section 126C.17, subdivision 6, is amended to read:


Subd. 6.

Referendum equalization levy.

(a) deleted text beginFor fiscal year 2003 and later,deleted text end
A district's referendum equalization levy equals the sum of the first tier referendum
equalization levy and the second tier referendum equalization levy.

(b) A district's first tier referendum equalization levy equals the district's first tier
referendum equalization revenue times the lesser of one or the ratio of the district's
referendum market value per resident marginal cost pupil unit to deleted text begin$476,000deleted text endnew text begin 100 percent of
the statewide referendum market value equalizing factor
new text end.

(c) A district's second tier referendum equalization levy equals the district's second
tier referendum equalization revenue times the lesser of one or the ratio of the district's
referendum market value per resident marginal cost pupil unit to deleted text begin$270,000deleted text endnew text begin 60 percent of
the statewide referendum market value equalizing factor
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2011.
new text end

Sec. 38.

Minnesota Statutes 2008, section 126C.20, is amended to read:


126C.20 ANNUAL GENERAL EDUCATION AID APPROPRIATION.

There is annually appropriated from the general fund to the department the deleted text beginamountdeleted text endnew text begin
amounts
new text end necessary fornew text begin: (1)new text end general education aidnew text begin; (2) special education aid; (3) debt
service aid; and (4) the school bond agricultural credit
new text end. deleted text beginThis amountdeleted text endnew text begin These amountsnew text end must
be reduced by the amount of any money specifically appropriated for the same purpose
in any year from any state fund.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2011
and later.
new text end

Sec. 39.

Minnesota Statutes 2008, section 126C.40, subdivision 1, is amended to read:


Subdivision 1.

To lease building or land.

(a) When an independent or a special
school district or a group of independent or special school districts finds it economically
advantageous to rent or lease a building or land for any instructional deleted text beginpurposesdeleted text endnew text begin or
administrative purpose,
new text end or for school storage or furniture repair, and it determines that
the operating capital revenue authorized under section 126C.10, subdivision 13, is
insufficient for this purpose, it may apply to the commissioner for permission to make
an additional capital expenditure levy for this purpose. An application for permission to
levy under this subdivision must contain financial justification for the proposed levy, the
terms and conditions of the proposed lease, and a description of the space to be leased
and its proposed use.

(b) The criteria for approval of applications to levy under this subdivision must
include: the reasonableness of the price, the appropriateness of the space to the proposed
activity, the feasibility of transporting pupils to the leased building or land, conformity
of the lease to the laws and rules of the state of Minnesota, and the appropriateness of
the proposed lease to the space needs and the financial condition of the district. The
commissioner must not authorize a levy under this subdivision in an amount greater than
the cost to the district of renting or leasing a building or land for approved purposes.
The proceeds of this levy must not be used for custodial or other maintenance services.
A district may not levy under this subdivision for the purpose of leasing or renting a
district-owned building or site to itself.

(c) For agreements finalized after July 1, 1997, a district may not levy under this
subdivision for the purpose of leasing: (1) a newly constructed building used primarily
for regular kindergarten, elementary, or secondary instruction; or (2) a newly constructed
building addition or additions used primarily for regular kindergarten, elementary, or
secondary instruction that contains more than 20 percent of the square footage of the
previously existing building.

(d) Notwithstanding paragraph (b), a district may levy under this subdivision for the
purpose of leasing or renting a district-owned building or site to itself only if the amount
is needed by the district to make payments required by a lease purchase agreement,
installment purchase agreement, or other deferred payments agreement authorized by law,
and the levy meets the requirements of paragraph (c). A levy authorized for a district by
the commissioner under this paragraph may be in the amount needed by the district to
make payments required by a lease purchase agreement, installment purchase agreement,
or other deferred payments agreement authorized by law, provided that any agreement
include a provision giving the school districts the right to terminate the agreement
annually without penalty.

(e) The total levy under this subdivision for a district for any year must not exceed
$150 times the resident pupil units for the fiscal year to which the levy is attributable.

(f) For agreements for which a review and comment have been submitted to the
Department of Education after April 1, 1998, the term "instructional purpose" as used in
this subdivision excludes expenditures on stadiums.

(g) The commissioner of education may authorize a school district to exceed the
limit in paragraph (e) if the school district petitions the commissioner for approval. The
commissioner shall grant approval to a school district to exceed the limit in paragraph (e)
for not more than five years if the district meets the following criteria:

(1) the school district has been experiencing pupil enrollment growth in the
preceding five years;

(2) the purpose of the increased levy is in the long-term public interest;

(3) the purpose of the increased levy promotes colocation of government services;
and

(4) the purpose of the increased levy is in the long-term interest of the district by
avoiding over construction of school facilities.

(h) A school district that is a member of an intermediate school district may include
in its authority under this section the costs associated with leases of administrative and
classroom space for intermediate school district programs. This authority must not
exceed deleted text begin$43deleted text endnew text begin $50new text end times the adjusted marginal cost pupil units of the member districts. This
authority is in addition to any other authority authorized under this section.

(i) In addition to the allowable capital levies in paragraph (a), a district that is a
member of the "Technology and Information Education Systems" data processing joint
board, that finds it economically advantageous to enter into a lease purchase agreement for
a building for a group of school districts or special school districts for staff development
purposes, may levy for its portion of lease costs attributed to the district within the total
levy limit in paragraph (e).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2011
and later.
new text end

Sec. 40.

Minnesota Statutes 2008, section 127A.51, is amended to read:


127A.51 STATEWIDE AVERAGE REVENUE.

By October 1 of each year the commissioner must estimate the statewide average
adjusted general revenue per adjusted marginal cost pupil unit and the disparity in adjusted
general revenue among pupils and districts by computing the ratio of the 95th percentile
to the fifth percentile of adjusted general revenue. The commissioner must provide that
information to all districts.

If the disparity in adjusted general revenue as measured by the ratio of the 95th
percentile to the fifth percentile increases in any year, the commissioner shall recommend
to the legislature options for change in the general education formula that will limit the
disparity in adjusted general revenue to no more than the disparity for the previous
school year. The commissioner must submit the recommended options to the education
committees of the legislature by January 15.

For purposes of this section and section 126C.10, adjusted general revenue means:

(1) for fiscal year 2002, the sum of basic revenue under section 126C.10, subdivision
2
; supplemental revenue under section 126C.10, subdivisions 9 and 12; transition revenue
under section 126C.10, subdivision 20; referendum revenue under section 126C.17; and
equity revenue under section 126C.10, subdivisions 24a and 24b; deleted text beginanddeleted text end

(2) for fiscal year 2003 deleted text beginand laterdeleted text endnew text begin through 2010new text end, the sum of basic revenue under
section 126C.10, subdivision 2; referendum revenue under section 126C.17; and equity
revenue under section 126C.10, subdivisions 24a and 24bdeleted text begin.deleted text endnew text begin; andnew text end

new text begin (3) for fiscal year 2011 and later, the sum of basic revenue under section 126C.10,
subdivision 2, and referendum revenue under section 126C.17.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fiscal year 2011 and later.
new text end

Sec. 41.

Minnesota Statutes 2009 Supplement, section 290.06, subdivision 2c, is
amended to read:


Subd. 2c.

Schedules of rates for individuals, estates, and trusts.

(a) The income
taxes imposed by this chapter upon married individuals filing joint returns and surviving
spouses as defined in section 2(a) of the Internal Revenue Code must be computed by
applying to their taxable net income the following schedule of rates:

(1) On the first deleted text begin$25,680deleted text endnew text begin $33,280new text end, 5.35 percent;

(2) On all over deleted text begin$25,680deleted text endnew text begin $33,280new text end, but not over deleted text begin$102,030deleted text endnew text begin $132,220new text end, 7.05 percent;

(3) On all over deleted text begin$102,030deleted text endnew text begin $132,220new text end, deleted text begin7.85deleted text endnew text begin 8.5new text end percent.

Married individuals filing separate returns, estates, and trusts must compute their
income tax by applying the above rates to their taxable income, except that the income
brackets will be one-half of the above amounts.

(b) The income taxes imposed by this chapter upon unmarried individuals must be
computed by applying to taxable net income the following schedule of rates:

(1) On the first deleted text begin$17,570deleted text endnew text begin $22,770new text end, 5.35 percent;

(2) On all over deleted text begin$17,570deleted text endnew text begin $22,770new text end, but not over deleted text begin$57,710deleted text endnew text begin $74,780new text end, 7.05 percent;

(3) On all over deleted text begin$57,710deleted text endnew text begin $74,780new text end, deleted text begin7.85deleted text endnew text begin 8.5new text end percent.

(c) The income taxes imposed by this chapter upon unmarried individuals qualifying
as a head of household as defined in section 2(b) of the Internal Revenue Code must be
computed by applying to taxable net income the following schedule of rates:

(1) On the first deleted text begin$21,630deleted text endnew text begin $28,030new text end, 5.35 percent;

(2) On all over deleted text begin$21,630deleted text endnew text begin $28,030new text end, but not over deleted text begin$86,910deleted text endnew text begin $112,620new text end, 7.05 percent;

(3) On all over deleted text begin$86,910deleted text endnew text begin $112,620new text end, deleted text begin7.85deleted text endnew text begin 8.5new text end percent.

(d) In lieu of a tax computed according to the rates set forth in this subdivision, the
tax of any individual taxpayer whose taxable net income for the taxable year is less than
an amount determined by the commissioner must be computed in accordance with tables
prepared and issued by the commissioner of revenue based on income brackets of not
more than $100. The amount of tax for each bracket shall be computed at the rates set
forth in this subdivision, provided that the commissioner may disregard a fractional part of
a dollar unless it amounts to 50 cents or more, in which case it may be increased to $1.

(e) An individual who is not a Minnesota resident for the entire year must compute
the individual's Minnesota income tax as provided in this subdivision. After the
application of the nonrefundable credits provided in this chapter, the tax liability must
then be multiplied by a fraction in which:

(1) the numerator is the individual's Minnesota source federal adjusted gross income
as defined in section 62 of the Internal Revenue Code and increased by the additions
required under section 290.01, subdivision 19a, clauses (1), (5), (6), (7), (8), (9), (12),
(13), (16), and (17), and reduced by the Minnesota assignable portion of the subtraction
for United States government interest under section 290.01, subdivision 19b, clause
(1), and the subtractions under section 290.01, subdivision 19b, clauses (9), (10), (14),
(15), (16), and (18), after applying the allocation and assignability provisions of section
290.081, clause (a), or 290.17; and

(2) the denominator is the individual's federal adjusted gross income as defined in
section 62 of the Internal Revenue Code of 1986, increased by the amounts specified in
section 290.01, subdivision 19a, clauses (1), (5), (6), (7), (8), (9), (12), (13), (16), and (17),
and reduced by the amounts specified in section 290.01, subdivision 19b, clauses (1), (9),
(10), (14), (15), (16), and (18).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxable years beginning after
December 31, 2009, except that for taxable years beginning after December 31, 2009, and
before January 1, 2011, the 8.5 percent rate in paragraphs (a), (b), and (c) is reduced to
8.175 percent.
new text end

Sec. 42.

Minnesota Statutes 2008, section 290.06, subdivision 2d, is amended to read:


Subd. 2d.

Inflation adjustment of brackets.

(a) For taxable years beginning after
December 31, deleted text begin2000deleted text endnew text begin 2010new text end, the minimum and maximum dollar amounts for each rate
bracket for which a tax is imposed in subdivision 2c shall be adjusted for inflation by the
percentage determined under paragraph (b). For the purpose of making the adjustment as
provided in this subdivision all of the rate brackets provided in subdivision 2c shall be the
rate brackets as they existed for taxable years beginning after December 31, deleted text begin1999deleted text endnew text begin 2009new text end,
and before January 1, deleted text begin2001deleted text endnew text begin 2011new text end. The rate applicable to any rate bracket must not be
changed. The dollar amounts setting forth the tax shall be adjusted to reflect the changes
in the rate brackets. The rate brackets as adjusted must be rounded to the nearest $10
amount. If the rate bracket ends in $5, it must be rounded up to the nearest $10 amount.

(b) The commissioner shall adjust the rate brackets and by the percentage determined
pursuant to the provisions of section 1(f) of the Internal Revenue Code, except that in
section 1(f)(3)(B) the word deleted text begin"1999"deleted text endnew text begin "2009"new text end shall be substituted for the word "1992." For
deleted text begin 2001deleted text endnew text begin 2011new text end, the commissioner shall then determine the percent change from the 12 months
ending on August 31, deleted text begin1999deleted text endnew text begin 2009new text end, to the 12 months ending on August 31, deleted text begin2000deleted text endnew text begin 2010new text end, and
in each subsequent year, from the 12 months ending on August 31, deleted text begin1999deleted text endnew text begin 2009new text end, to the 12
months ending on August 31 of the year preceding the taxable year. The determination of
the commissioner pursuant to this subdivision shall not be considered a "rule" and shall
not be subject to the Administrative Procedure Act contained in chapter 14.

No later than December 15 of each year, the commissioner shall announce the
specific percentage that will be used to adjust the tax rate brackets.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxable years beginning after
December 31, 2009.
new text end

Sec. 43. new text beginPHASE-IN.
new text end

new text begin Subdivision 1. new text end

new text begin Baseline revenue. new text end

new text begin A school district's baseline revenue equals the
revenue amounts for the aid appropriations calculated under Minnesota Statutes, section
126C.20, calculated using the current year's data and the revenue formulas in place in
Minnesota Statutes 2008.
new text end

new text begin Subd. 2. new text end

new text begin New revenue. new text end

new text begin A school district's new revenue equals the revenue amounts
for the aid appropriations calculated under Minnesota Statutes, section 126C.20, calculated
using the current year's data and the revenue formulas in place under this act.
new text end

new text begin Subd. 3. new text end

new text begin Phase-in schedule. new text end

new text begin A school district's revenue amounts for the revenue
formulas listed in subdivisions 1 and 2 equals the district's baseline revenue plus the
percent of the difference specified in subdivision 6 multiplied by the number of years
of the phase in specified in subdivision 7.
new text end

new text begin Subd. 4. new text end

new text begin Aid. new text end

new text begin A school district's aid entitlement for the formulas listed under
this act equals the district's baseline aid plus the phase-in percentage times the new aid
amounts calculated under this act.
new text end

new text begin Subd. 5. new text end

new text begin Levy. new text end

new text begin A school district levy for the formulas listed in this act equals the
levy for the same formulas calculated under Minnesota Statutes 2008, and the phase-in
percentage times the new revenue amounts for the levy calculated under this act.
new text end

new text begin Subd. 6. new text end

new text begin Percentage. new text end

new text begin The phase-in percentage equals 12.5 percent for fiscal years
2011, 2012, and 2013, 25 percent for fiscal year 2014, 50 percent for fiscal year 2015, 75
percent for fiscal year 2016, and 100 percent for fiscal year 2017 and later.
new text end

new text begin Subd. 7. new text end

new text begin Years of phase-in. new text end

new text begin The new revenue under this section is phased in over
seven years according to the schedule in subdivision 6.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010.
new text end

Sec. 44. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall change all references to "adjusted marginal cost pupil
units" to "adjusted pupil units" and all references to "resident marginal cost pupil units"
to "resident pupil units."
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010.
new text end

Sec. 45. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, sections 123B.54; 123B.57, subdivisions 3, 4, and 5;
123B.591; 125A.76, subdivision 4; 125A.79, subdivision 6; 126C.10, subdivisions 2b,
13a, 13b, 24, 25, 26, 27, 28, 29, 30, 31, 31a, 31b, 32, 33, 34, 35, and 36; 126C.12;
126C.126; and 127A.50,
new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2011.
new text end