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HF 3203

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

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

Bill Text Versions

Engrossments
Introduction Posted on 02/19/2008

Current Version - as introduced

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A bill for an act
relating to education finance; modifying the integration revenue program;
strengthening integration revenue goals; increasing program oversight by the
Department of Education; increasing integration revenue for certain districts;
amending Minnesota Statutes 2006, sections 124D.11, by adding a subdivision;
124D.86, as amended; proposing coding for new law in Minnesota Statutes,
chapter 124D; repealing Minnesota Rules, part 3535.0100.

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

Section 1.

Minnesota Statutes 2006, section 124D.11, is amended by adding a
subdivision to read:


new text begin Subd. 10. new text end

new text begin Integration revenue. new text end

new text begin A charter school that must adopt an integration plan
is eligible for integration revenue equal to $92 times its 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 2010.
new text end

Sec. 2.

new text begin [124D.855] INTEGRATION REVENUE PROGRAM.
new text end

new text begin Minnesota's integration program:
new text end

new text begin (1) recognizes that public education must give all students opportunities to achieve
academic success, partly by increasing the racial and cultural understanding and cultural
competency of all students and teachers;
new text end

new text begin (2) reaffirms Minnesota's commitment to integrating its public schools;
new text end

new text begin (3) recognizes that many factors, including the lack of access to housing, jobs, and
transportation, affect school districts' ability to effect racial balance in schools;
new text end

new text begin (4) recognizes the importance of allowing parents to choose where their children
attend school;
new text end

new text begin (5) recognizes parents' belief that integrated schools are essential to their children's
education;
new text end

new text begin (6) prevents segregation, as defined in Minnesota Rules, part 3535.0110, subpart 9,
in public schools;
new text end

new text begin (7) encourages districts to give students chances to attend racially balanced schools
within the district;
new text end

new text begin (8) identifies racially isolated districts and encourages adjoining districts to work
cooperatively to effect interdistrict integration and give parents and students meaningful
educational choices in the classroom, school, and community; and
new text end

new text begin (9) applies rules, including the graduation standards under Minnesota Rules, chapter
3501, and inclusive education under Minnesota Rules, part 3500.0550, that increase the
academic achievement levels, the attainment of needed skills, and the employability of
classes of protected students by providing equitable access to educational resources.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2010.
new text end

Sec. 3.

Minnesota Statutes 2006, section 124D.86, as amended by Laws 2007, chapter
146, article 1, section 25, is amended to read:


124D.86 INTEGRATION REVENUE.

Subdivision 1.

Use of revenue.

Integration revenue under this section must be
used for programs established under a desegregation plan filed with the Department
of Education according to Minnesota Rules, parts 3535.0100 to 3535.0180, or under
court order. The revenue must be used to create or enhance learning opportunities
deleted text begin which are designed to provide opportunities for students to have increased interracial
contacts
deleted text end through classroom experiences, staff initiatives, and other deleted text begin educationally relateddeleted text end new text begin
education-related
new text end programsnew text begin that increase students' interracial contactsnew text end .

Subd. 1a.

Budget approval process.

new text begin (a) new text end Each year before a district receives
any revenue under subdivision 3, clause (4), (5), or (6), the district must submit to the
Department of Educationdeleted text begin ,deleted text end for deleted text begin itsdeleted text end review and approvalnew text begin a list of desegregation/integration
plan goals and
new text end a budget deleted text begin detailingdeleted text end new text begin that detailsnew text end the costs of the desegregation/integration
plan filed under Minnesota Rules, parts 3535.0100 to 3535.0180new text begin , and specifically links
program goals to the cost of each budget activity detailed in the plan
new text end . Notwithstanding
chapter 14, the department may develop criteria for new text begin approving the new text end budget deleted text begin approvaldeleted text end . The
department shall consult with the Desegregation Advisory Board deleted text begin in developingdeleted text end new text begin when it
develops
new text end these criteria. The criteria deleted text begin developed by the departmentdeleted text end should deleted text begin addressdeleted text end , at a
minimumdeleted text begin , the followingdeleted text end :

(1) new text begin allow approval only of those new text end budget items deleted text begin cannot be approved unless theydeleted text end new text begin thatnew text end
are part of deleted text begin anydeleted text end new text begin annew text end overall desegregation plan approved by the district for isolated sites or
by the Multidistrict Collaboration Council deleted text begin anddeleted text end new text begin withnew text end participation new text begin by new text end individual members;

(2) new text begin have new text end the budget deleted text begin mustdeleted text end indicate how revenue expenditures deleted text begin will be useddeleted text end specifically
deleted text begin to support increased opportunities fordeleted text end new text begin increasenew text end interracial contact;

(3) new text begin include those budget new text end components deleted text begin of the budgetdeleted text end to be new text begin determined and new text end considered
by the department, including staffing, curriculum, transportation, facilities, materials, and
equipment and reasonable planning costsdeleted text begin , as determined by the departmentdeleted text end ; and

(4) if plans are proposed to enhance existing programs, new text begin include new text end the total budget
deleted text begin beingdeleted text end appropriated to the program deleted text begin must be included, indicatingdeleted text end new text begin and indicatenew text end what part is
deleted text begin to bedeleted text end funded using integration revenue and what part is deleted text begin to bedeleted text end funded using other revenues.

Subd. 1b.

Plan components.

new text begin (a) District new text end plans submitted deleted text begin by each districtdeleted text end under
Minnesota Rules, parts 3535.0160 and 3535.0170, must be approved by the district's board
each year before integration revenue deleted text begin will bedeleted text end new text begin isnew text end awarded. If a district deleted text begin is applyingdeleted text end new text begin that is
part of a multidistrict council applies
new text end for revenue for a plan deleted text begin that is part of a multidistrict
council
deleted text end , the individual district shall not receive revenue unless it ratifies the plan adopted
by its multidistrict council or approves a modified plan with a written explanation of deleted text begin anydeleted text end new text begin
the
new text end modifications. Each plan shall deleted text begin containdeleted text end :

(1) deleted text begin an identification ofdeleted text end new text begin identifynew text end the integration issues at the sites or districts covered
by Minnesota Rules, parts 3535.0100 to 3535.0180;

(2) deleted text begin a description ofdeleted text end new text begin describenew text end the community outreach that preceded the integration
plandeleted text begin , suchdeleted text end new text begin sonew text end that the commissioner can determine whether the membership of the
planning councils complied with the requirements of Minnesota Rules, parts 3535.0100
to 3535.0180; and

(3) new text begin include new text end the specific goals of the integration plan.

By June 30 of the subsequent fiscal year, each district shall report to the commissioner in
writing about the extent to which the integration goals identified in the plan were met.

new text begin (b) The commissioner annually must submit a report to the education committees of
the legislature by January 15th describing the commissioner's activities under Minnesota
Rules, part 3535.0170, subpart 4.
new text end

new text begin Subd. 1c. new text end

new text begin Charter school participation. new text end

new text begin A charter school having a percentage of
protected students that differs by more than 20 percent from the school district where the
charter school is located must develop and implement a charter school integration plan in
collaboration with at least one other school district or charter school. The commissioner
must approve all the integration partners of a charter school.
new text end

new text begin Subd. 1d. new text end

new text begin Isolated school. new text end

new text begin If a school district creates a magnet school, or otherwise
creates a school site having a percentage of protected students that differs by more than
20 percent from the district's percent of protected students, then the district must submit
a special integration plan for that school site to the commissioner of education under
Minnesota Rules, part 3535.0160.
new text end

Subd. 2.

Separate account.

Integration revenue shall be maintained in a separate
account to identify expenditures for salaries and programs related to this revenue.new text begin School
districts must not use integration revenue to:
new text end

new text begin (1) reduce class sizes;
new text end

new text begin (2) purchase computers; or
new text end

new text begin (3) purchase general curricular textbooks.
new text end

Subd. 3.

Integration revenue.

Integration revenue equals the following amounts:

(1) for Independent School District No. 709, Duluth, $206 times the adjusted pupil
units for the school year;

(2) for Independent School District No. 625, St. Paul, $445 times the adjusted
pupil units for the school year;

(3) for Special School District No. 1, Minneapolis, the sum of $445 times the
adjusted pupil units for the school year and an additional $35 times the adjusted pupil units
for the school year that is provided entirely through a local levy;

(4) for a district not listed in clause (1), (2), or (3), that must implement a plan
under Minnesota Rules, parts 3535.0100 to 3535.0180, where the district's enrollment of
protected students, as defined under Minnesota Rules, part 3535.0110, exceeds 15 percent,
the lesser of (i) the actual cost of implementing the plan during the fiscal year minus the
aid received under subdivision 6, or (ii) $129 times the adjusted pupil units for the school
yearnew text begin times the ratio of the district's percent enrollment of protected students to 15 percent,
but not to exceed $445 times the adjusted pupil units for the school year
new text end ;

(5) for a district not listed in clause (1), (2), (3), or (4), that is required to implement
a plan according to the requirements of Minnesota Rules, parts 3535.0100 to 3535.0180,
the lesser of

(i) the actual cost of implementing the plan during the fiscal year minus the aid
received under subdivision 6, or

(ii) $92 times the adjusted pupil units for the school year.

Any money deleted text begin received bydeleted text end districts new text begin receive new text end in clauses (1) to (3) deleted text begin whichdeleted text end new text begin thatnew text end exceeds
the amount received in fiscal year 2000 deleted text begin shall bedeleted text end new text begin isnew text end subject to the budget requirements in
subdivision 1a; and

(6) for a member district of a multidistrict integration collaborative that deleted text begin files a plan
with the commissioner, but
deleted text end is not contiguous to a racially isolated district, integration
revenue equals the new text begin lesser of the amount approved by the commissioner or the new text end amount
defined in clause (5).

Subd. 4.

Integration levy.

A district may levy an amount equal to deleted text begin 37 percent for
fiscal year 2003, 23 percent for fiscal year 2004, and
deleted text end 30 percent deleted text begin for fiscal year 2005 and
thereafter
deleted text end of the district's integration revenue as defined in subdivision 3.

Subd. 5.

Integration aid.

A district's integration aid equals the difference between
the district's integration revenue and its integration levy.

Subd. 6.

Alternative attendance programs.

(a) The integration aid under
subdivision 5 must be adjusted for each pupil residing in a district eligible for integration
revenue under subdivision 3, clause (1), (2), or (3), and attending a nonresident district
under sections 123A.05 to 123A.08, 124D.03, and 124D.08, that is not eligible for
integration revenue under subdivision 3, clause (1), (2), or (3), and has implemented a plan
under Minnesota Rules, parts 3535.0100 to 3535.0180, if the enrollment of the pupil in the
nonresident district contributes to desegregation or integration purposes. The adjustments
must be made according to this subdivision.

(b) Aid paid to a district serving nonresidents must be increased by an amount equal
to the revenue per pupil unit of the resident district under subdivision 3, clause (1), (2), or
(3), minus the revenue attributable to the pupil in the nonresident district under subdivision
3, clause (4), (5), or (6), for the time the pupil is enrolled in the nonresident district.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2010.
new text end

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Rules, part 3535.0100, new text end new text begin is repealed July 1, 2009.
new text end