HF 3504

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to education; authorizing general education access grants for students;
amending Minnesota Statutes 2004, section 126C.20; proposing coding for new
law in Minnesota Statutes, chapter 124D.

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

Section 1.

[124D.097] GENERAL EDUCATION ACCESS GRANTS.

Subdivision 1.

Enrollment.

(a) A student under this section may enroll in a
Minnesota elementary or secondary school accredited by an accrediting agency recognized
under section 123B.445, or recognized by the commissioner, and is eligible to receive an
access grant for the cost of attendance if:

(1) the household income of the student's parent or guardian does not exceed 250
percent of the federal poverty guidelines, adjusted for family size, at the time of initial
application;

(2) the student resides within and is enrolled in either Special School District No.
1, Minneapolis, or Independent School District No. 625, St. Paul, at the time of initial
application; and

(3) the student's application for an access grant is approved by the commissioner.

(b) Subject to the requirements of paragraphs (c) and (d), the commissioner must
pool and act on applications properly submitted in the form and manner the commissioner
prescribes by April 1 for the following school year and the commissioner must act on
subsequent applications in the order they are received. The commissioner shall notify an
applicant in writing of the status of the application.

(c) In fiscal year 2007, the total number of approved student access grant applications
for residents of each school district shall not exceed three percent of the previous year's
enrollment for each school district. If the number of initial applications exceeds the limit
under this paragraph as of the date established by the commissioner, the approved access
grants shall be selected by lot.

(d) In fiscal years 2008 through 2011, the limit on the total number of approved
student access grant applications for residents of each school district shall increase
annually by three percent. Eligible applications submitted by current student access grant
recipients for initial action by March 1 shall be approved and are not subject to random
selection. If other initial student access grant applications combine to exceed the limit
under this paragraph, the approved access grants shall be selected by lot. The total number
of approved applications for residents of each school district in fiscal year 2012 and later
shall not exceed the total number of approved applications for fiscal year 2011.

Subd. 2.

Funding.

(a) On a regular basis, as determined by the commissioner
but at least quarterly, access grant payments shall be made to the parent or guardian of
an approved student applicant in the form of a check that the parent or guardian must
restrictively endorse to the school providing the instruction. Access grant payments are
financial assistance solely to the parent or guardian primarily responsible for ensuring that
the child acquires knowledge and skills under section 120A.22.

(b) The total amount of the access grant for any school year shall not exceed the
tuition and fees charged at the school where the student is enrolled and attending, or the
formula allowance under section 126C.10, subdivision 2, whichever is less. In addition,
any increase in the total amount of school tuition and fees charged to students receiving
access grants in any year following the 2005-2006 school year cannot exceed the percent
increase in the formula allowance between the preceding and current fiscal year. The
commissioner shall recognize only tuition and fees that are equal to what comparable
students are charged who do not receive access grants.

(c) Before distributing payments, the commissioner must require the parent or
guardian to submit information, in the form and manner prescribed by the commissioner,
needed to validate the cost of attendance and the student's enrollment status. The
commissioner shall prorate the access grant if the student is enrolled for only part of
the school year.

(d) The commissioner must withhold access grant payments if the commissioner
reasonably believes that false information about the cost of attendance or the student's
enrollment status has been intentionally submitted by an involved party. The commissioner
shall audit and verify submitted information using program integrity guidelines adopted
by the commissioner.

(e) To receive general education revenue and other applicable revenue program
funds, a school district may include a resident student receiving aid under this section in
its total pupil count for up to three years as follows:

(1) for the first year, 100 percent of resident students receiving access grants;

(2) for the second year, two-thirds of resident students receiving access grants;

(3) for the third year, one-third of resident students receiving access grants; and

(4) for the fourth and subsequent years, resident students receiving access grants are
not included in a school district's total pupil count.

The commissioner shall reduce the amount of state aids a district receives under
this paragraph by the amount of access grant payments disbursed on behalf of resident
students receiving access grants.

Subd. 3.

Assessment.

A student receiving an access grant under this section shall
participate in the statewide testing and reporting system under section 120B.30. The
commissioner shall arrange for the time and location of any required assessments. The
commissioner shall report individual student results to the student's parent or guardian
and to the school providing instruction. The commissioner shall report aggregate results
to the public.

Subd. 4.

Conference.

The commissioner shall offer an informal conference as a
form of dispute resolution to applicants and recipients adversely affected by an agency
action.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 2.

Minnesota Statutes 2004, 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 amount
necessary for general education aid and general education access grants. This amount
must be reduced by the amount of any money specifically appropriated for the same
purpose in any year from any state fund.

EFFECTIVE DATE.

This section is effective the day following final enactment.