HF 3909

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/03/2022 02:04pm

A bill for an act
relating to education; creating a scholarship program as a learning option for
students with a disability; proposing coding for new law in Minnesota Statutes,
chapter 125A.

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

Section 1.

[125A.81] SCHOLARSHIP PROGRAM FOR STUDENTS WITH A
DISABILITY ACT.

Subdivision 1.

Title.

This act shall be known as the "Scholarship Program for Students
with a Disability Act."

Subd. 2.

Definitions.

(a) For the purposes of this section, the following terms have the
meanings given.

(b) "Commissioner" means the commissioner of education.

(c) "Department" means the Department of Education.

(d) "Eligible school" means a nonpublic school: (1) where a student can fulfill compulsory
education requirements and that is recognized by the commissioner or accredited by an
accrediting agency recognized by the Minnesota Nonpublic Education Council under section
123B.445, paragraph (a); and (2) that must agree to admit an eligible student and provide
appropriate educational services related to the student's disability as agreed upon under
subdivision 3. An eligible school does not include a home school under sections 120A.22,
subdivision 4, and 120A.24.

(e) "Eligible student" means any student with an individualized education program under
section 125A.08 who resides in Minnesota and who attended a public school or a public
charter school during the semester preceding participation in the program.

(f) "Parent" means a resident of Minnesota who is a parent, legal guardian, custodian,
or other person with the authority to act on behalf of the eligible student.

(g) "Program" means a program to implement a scholarship program for students with
a disability (SPSD).

Subd. 3.

Scholarship program for students with a disability.

(a) Notwithstanding
section 125A.03, beginning in the 2023-2024 school year, an eligible student qualifies to
participate in the program if the student's parent signs an agreement:

(1) with the eligible school, in the form and manner described by the commissioner;

(2) with the public school district or charter school where the eligible student is currently
enrolled, in the form and manner described by the commissioner, that states the district or
charter school agrees to the student's enrollment in an eligible school; and

(3) to not enroll the participating student in a public school or a public charter school
and to acknowledge as part of the agreement that the participating student has no individual
entitlement to a free appropriate public education under section 125A.03 from the student's
resident school district for as long as the student is participating in the program. A student
participating in the program is still eligible for services under section 123B.86.

(b) For purposes of continuity of educational attainment, students who enroll in the
program must remain eligible until the participating student returns to a public school,
graduates from high school, or completes the school year in which the student reaches the
age of 21, whichever occurs first.

(c) A participating student must be allowed to return to the resident school district at
any time after enrolling in the program, according to rules adopted by the commissioner
providing for the least disruptive process for doing so. Upon a participating student's return
to the resident school district, the student is no longer a participant in the SPSD.

(d) The commissioner must begin accepting applications for the program on July 1,
2023.

Subd. 4.

General education aid.

The commissioner must increase the former serving
school district's general education aid by an amount equal to 50 percent of the statewide
average general education aid per adjusted pupil unit for each year the student remains
enrolled in an eligible school. The general education aid under this subdivision for a student
formally enrolled at a charter school must be paid to the student's resident district. For
purposes of this subdivision, the term "school district" does not include charter schools.

Subd. 5.

Special education aid.

(a) The commissioner must increase the former serving
school district's or charter school's special education aid by an amount equal to the average
cost by disability category referenced in the most recent special education statewide average
expenditure report required under section 125A.76, subdivision 2d, times the number of
students within each disability category enrolled at an eligible school.

(b) A school district must transfer the amounts under paragraph (a) to an eligible school.

Subd. 6.

Administration.

(a) The commissioner must create a standard form that parents
of students may submit to establish the student's eligibility for participating in the SPSD.
The commissioner must ensure that the application is readily available to interested families
through various sources, including on the department's website. The commissioner must
provide a copy of procedural safeguards annually to parents.

(b) The commissioner must provide parents of participating students with a written
explanation of the responsibilities of parents and the duties of the commissioner. The
information must also be made available on the department's website.

(c) The commissioner must annually notify all students who are eligible to participate
in the SPSD of the existence of the program and must ensure that low-income families are
made aware of the program and eligibility for participation.

(d) The commissioner must make a determination of eligibility and must approve an
application within 21 business days of receiving an application for participation in the
program.

Subd. 7.

SPSD establishment.

(a) To ensure that funds are spent appropriately, the
commissioner must adopt rules and policies necessary for the administration of the program.

(b) If the commissioner determines that a parent has failed to comply with the terms of
the agreement as specified in subdivision 3, the commissioner must suspend the student's
participation in the SPSD. The commissioner must notify the parent in writing within five
business days that the student has been suspended from the SPSD. The notification must
specify the reason for the suspension and state that the parent has 21 business days to respond
and take corrective action.

(c) If the parent fails to respond to the commissioner, furnish reasonable and necessary
information, or make a report that may be required for reinstatement within the 21-day
period, the commissioner may remove the participating student from the program.

(d) The decision of the commissioner under this section is subject to review under
sections 14.63 to 14.69. The decision of the commissioner is stayed pending an appeal.

Subd. 8.

Scope.

An eligible nonpublic school is autonomous and not an agent of the
state or federal government, and therefore:

(1) the commissioner, department, or any other government agency must not in any way
regulate the educational program of a nonpublic school or educational service provider that
accepts funds from the parent of a participating student;

(2) the creation of the program does not expand the regulatory authority of the state, its
officers, or any school district to impose any additional regulation of nonpublic schools or
educational service providers beyond those necessary to enforce the requirements of the
program; and

(3) eligible schools and educational service providers must be given the maximum
freedom to provide for the educational needs of enrolled students without governmental
control. An eligible school or educational service provider must not be required to alter its
creed, practices, admission policies, or curriculum in order to accept participating students.

Subd. 9.

Appeal to commissioner.

The public school district where an eligible student
is enrolled must consider the primacy of parental rights when considering whether to allow
an eligible student to enroll in an eligible school under subdivision 3a. If a district or charter
school denies enrollment, the district or charter school must provide a reasonable explanation
for preventing the eligible student from enrolling in the eligible school. The student's parent
may appeal the decision to the commissioner. Upon appeal, the commissioner must make
the final determination regarding enrollment of the student at an eligible school.

Subd. 10.

Severability.

If any provision of this law or its application is found to be
unconstitutional and void, the remaining provisions or applications of this law that can be
given effect without the invalid provision or application are valid.

EFFECTIVE DATE.

This section is effective the day following final enactment.