HF 3981

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/03/2022 02:05pm

A bill for an act
relating to early childhood; making early childhood special education students
eligible for prekindergarten school breakfast reimbursement and English learner
services; appropriating money; amending Minnesota Statutes 2020, sections
124D.1158, subdivisions 3, 4; 124D.59, subdivision 2.

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

Section 1.

Minnesota Statutes 2020, section 124D.1158, subdivision 3, is amended to
read:

Subd. 3.

Program reimbursement.

Each school year, the state must reimburse each
participating school 30 cents for each reduced-price breakfast, 55 cents for each fully paid
breakfast served to students in grades 1 to 12, and $1.30 for each fully paid breakfast served
to a prekindergarten student enrolled in an approved voluntary prekindergarten program
under section 124D.151 new text begin , early childhood special education students participating in a program
authorized under section 124D.151, new text end or a kindergarten student.

Sec. 2.

Minnesota Statutes 2020, section 124D.1158, subdivision 4, is amended to read:

Subd. 4.

No fees.

A school that receives school breakfast aid under this section must
make breakfast available without charge to all participating students in grades 1 to 12 who
qualify for free or reduced-price meals and to all prekindergarten students enrolled in an
approved voluntary prekindergarten program under section 124D.151 new text begin , early childhood
special education students participating in a program authorized under section 124D.151, new text end
and all kindergarten students.

Sec. 3.

Minnesota Statutes 2020, section 124D.59, subdivision 2, is amended to read:

Subd. 2.

English learner.

(a) "English learner" means a pupil in kindergarten through
grade 12 new text begin , an early childhood special education student under Part B, section 619, of the
Individuals with Disabilities Education Act, new text end or a prekindergarten student enrolled in an
approved voluntary prekindergarten program under section 124D.151 or a school readiness
plus program who meets the requirements under subdivision 2a or 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 a valid assessment measuring the pupil's English language
proficiency and 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 academic classes
taught in English.

(b) A pupil enrolled in a Minnesota public school in any grade 4 through 12 who in the
previous school year took a commissioner-provided assessment measuring the pupil's
emerging academic English, shall be counted as an English learner in calculating English
learner pupil units under section 126C.05, subdivision 17, and shall generate state English
learner aid under section 124D.65, subdivision 5, if the pupil scored below the state cutoff
score or is otherwise counted as a nonproficient participant on the assessment measuring
the pupil's emerging academic English, or, in the judgment of the pupil's classroom teachers,
consistent with section 124D.61, clause (1), the pupil is unable to demonstrate academic
language proficiency in English, including oral academic language, sufficient to successfully
and fully participate in the general core curriculum in the regular classroom.

(c) Notwithstanding paragraphs (a) and (b), a pupil in new text begin early childhood special education
or new text end prekindergarten under section 124D.151, through grade 12 shall not be counted as an
English learner in calculating English learner pupil units under section 126C.05, subdivision
17, and shall not generate state English learner aid under section 124D.65, subdivision 5,
if:

(1) the pupil is not enrolled during the current fiscal year in an educational program for
English learners under sections 124D.58 to 124D.64; or

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2023 and later.
new text end

Sec. 4. new text begin APPROPRIATION; SCHOOL BREAKFAST AID.
new text end

new text begin $....... in fiscal year 2023 is appropriated from the general fund to the commissioner of
education for traditional school breakfast aid under Minnesota Statutes, section 124D.1158.
new text end

Sec. 5. new text begin APPROPRIATION; GENERAL EDUCATION AID.
new text end

new text begin $....... in fiscal year 2023 is appropriated from the general fund to the commissioner of
education for general education aid under Minnesota Statutes, section 126C.13, subdivision
4.
new text end