HF 4140

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

A bill for an act
relating to education; providing all-day, everyday kindergarten; permitting
transitional tuition; amending Minnesota Statutes 2004, sections 120A.22,
subdivision 5; 123B.41, subdivision 7; 124D.081, subdivisions 4, 6; 126C.05,
subdivisions 1, 15; 126C.12, subdivisions 1, 5; 126C.126; Minnesota Statutes
2005 Supplement, section 123B.92, subdivision 1.

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

Section 1.

Minnesota Statutes 2004, section 120A.22, subdivision 5, is amended to
read:

Subd. 5.

Ages and terms.

(a) Every child between seven and 16 years of age must
receive instruction. Every child under the age of seven who is enrolled in a deleted text begin half-day
kindergarten, or a full-day deleted text end kindergarten program deleted text begin on alternate days, or other kindergarten
programs deleted text end shall receive instruction. Except as provided in subdivision 6, a parent may
withdraw a child under the age of seven from enrollment at any time.

(b) A school district by annual board action may require children subject to this
subdivision to receive instruction in summer school. A district that acts to require children
to receive instruction in summer school shall establish at the time of its action the criteria
for determining which children must receive instruction.

Sec. 2.

Minnesota Statutes 2004, section 123B.41, subdivision 7, is amended to read:

Subd. 7.

Elementary pupils.

"Elementary pupils" means pupils in grades
kindergarten through 6 deleted text begin ; provided, each kindergarten pupil shall be counted as one-half
pupil for all computations pursuant to sections 123B.40 to 123B.42, and 123B.44 to
123B.48 deleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2007.
new text end

Sec. 3.

Minnesota Statutes 2005 Supplement, section 123B.92, subdivision 1, is
amended to read:

Subdivision 1.

Definitions.

For purposes of this section and section 125A.76, the
terms defined in this subdivision have the meanings given to them.

(a) "Actual expenditure per pupil transported in the regular and excess transportation
categories" means the quotient obtained by dividing:

(1) the sum of:

(i) all expenditures for transportation in the regular category, as defined in paragraph
(b), clause (1), and the excess category, as defined in paragraph (b), clause (2), plus

(ii) an amount equal to one year's depreciation on the district's school bus fleet
and mobile units computed on a straight line basis at the rate of 15 percent per year for
districts operating a program under section 124D.128 for grades 1 to 12 for all students in
the district and 12-1/2 percent per year for other districts of the cost of the fleet, plus

(iii) an amount equal to one year's depreciation on the district's type three school
buses, as defined in section 169.01, subdivision 6, clause (5), which must be used a
majority of the time for pupil transportation purposes, computed on a straight line basis at
the rate of 20 percent per year of the cost of the type three school buses by:

(2) the number of pupils eligible for transportation in the regular category, as defined
in paragraph (b), clause (1), and the excess category, as defined in paragraph (b), clause (2).

(b) "Transportation category" means a category of transportation service provided to
pupils as follows:

(1) Regular transportation is:

(i) transportation to and from school during the regular school year for resident
elementary pupils residing one mile or more from the public or nonpublic school they
attend, and resident secondary pupils residing two miles or more from the public
or nonpublic school they attend, excluding desegregation transportation deleted text begin and noon
kindergarten transportation deleted text end ; but with respect to transportation of pupils to and from
nonpublic schools, only to the extent permitted by sections 123B.84 to 123B.87;

(ii) transportation of resident pupils to and from language immersion programs;

(iii) transportation of a pupil who is a custodial parent and that pupil's child between
the pupil's home and the child care provider and between the provider and the school, if
the home and provider are within the attendance area of the school;

(iv) transportation to and from or board and lodging in another district, of resident
pupils of a district without a secondary school; and

(v) transportation to and from school during the regular school year required under
subdivision 3 for nonresident elementary pupils when the distance from the attendance
area border to the public school is one mile or more, and for nonresident secondary pupils
when the distance from the attendance area border to the public school is two miles or
more, excluding desegregation transportation deleted text begin and noon kindergarten transportation deleted text end .

For the purposes of this paragraph, a district may designate a licensed day care
facility, respite care facility, the residence of a relative, or the residence of a person chosen
by the pupil's parent or guardian as the home of a pupil for part or all of the day, if
requested by the pupil's parent or guardian, and if that facility or residence is within the
attendance area of the school the pupil attends.

(2) Excess transportation is:

(i) transportation to and from school during the regular school year for resident
secondary pupils residing at least one mile but less than two miles from the public or
nonpublic school they attend, and transportation to and from school for resident pupils
residing less than one mile from school who are transported because of extraordinary
traffic, drug, or crime hazards; and

(ii) transportation to and from school during the regular school year required under
subdivision 3 for nonresident secondary pupils when the distance from the attendance area
border to the school is at least one mile but less than two miles from the public school
they attend, and for nonresident pupils when the distance from the attendance area border
to the school is less than one mile from the school and who are transported because of
extraordinary traffic, drug, or crime hazards.

(3) Desegregation transportation is transportation within and outside of the district
during the regular school year of pupils to and from schools located outside their normal
attendance areas under a plan for desegregation mandated by the commissioner or under
court order.

(4) "Transportation services for pupils with disabilities" is:

(i) transportation of pupils with disabilities who cannot be transported on a regular
school bus between home or a respite care facility and school;

(ii) necessary transportation of pupils with disabilities from home or from school to
other buildings, including centers such as developmental achievement centers, hospitals,
and treatment centers where special instruction or services required by sections 125A.03
to 125A.24, 125A.26 to 125A.48, and 125A.65 are provided, within or outside the district
where services are provided;

(iii) necessary transportation for resident pupils with disabilities required by sections
125A.12, and 125A.26 to 125A.48;

(iv) board and lodging for pupils with disabilities in a district maintaining special
classes;

(v) transportation from one educational facility to another within the district for
resident pupils enrolled on a shared-time basis in educational programs, and necessary
transportation required by sections 125A.18, and 125A.26 to 125A.48, for resident pupils
with disabilities who are provided special instruction and services on a shared-time basis
or if resident pupils are not transported, the costs of necessary travel between public
and private schools or neutral instructional sites by essential personnel employed by the
district's program for children with a disability;

(vi) transportation for resident pupils with disabilities to and from board and lodging
facilities when the pupil is boarded and lodged for educational purposes; and

(vii) services described in clauses (i) to (vi), when provided for pupils with
disabilities in conjunction with a summer instructional program that relates to the pupil's
individual education plan or in conjunction with a learning year program established
under section 124D.128.

For purposes of computing special education base revenue under section 125A.76,
subdivision 2, the cost of providing transportation for children with disabilities includes
(A) the additional cost of transporting a homeless student from a temporary nonshelter
home in another district to the school of origin, or a formerly homeless student from a
permanent home in another district to the school of origin but only through the end of the
academic year; and (B) depreciation on district-owned school buses purchased after July 1,
2005, and used primarily for transportation of pupils with disabilities, calculated according
to paragraph (a), clauses (ii) and (iii). Depreciation costs included in the disabled
transportation category must be excluded in calculating the actual expenditure per pupil
transported in the regular and excess transportation categories according to paragraph (a).

(5) "Nonpublic nonregular transportation" is:

(i) transportation from one educational facility to another within the district for
resident pupils enrolled on a shared-time basis in educational programs, excluding
transportation for nonpublic pupils with disabilities under clause (4);

(ii) transportation within district boundaries between a nonpublic school and a
public school or a neutral site for nonpublic school pupils who are provided pupil support
services pursuant to section 123B.44; and

(iii) late transportation home from school or between schools within a district for
nonpublic school pupils involved in after-school activities.

(c) "Mobile unit" means a vehicle or trailer designed to provide facilities for
educational programs and services, including diagnostic testing, guidance and counseling
services, and health services. A mobile unit located off nonpublic school premises is a
neutral site as defined in section 123B.41, subdivision 13.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2007.
new text end

Sec. 4.

Minnesota Statutes 2004, section 124D.081, subdivision 4, is amended to read:

Subd. 4.

Program.

A qualifying school site must develop its first-grade
preparedness program in collaboration with other providers of school readiness and
child development services. A school site must offer a full-day kindergarten program to
participating children who are five years of age or older for the full school day every
day deleted text begin , deleted text end new text begin and may offer new text end a program for participating children who are four years old deleted text begin , or a
combination of both deleted text end . The program may offer as an option to families home visits and other
practices as appropriate, and may provide such services with the consent of the parent or
guardian. Program providers must ensure that the program supplements existing school
readiness and child development programs and complements the services provided with
compensatory revenue. Where possible, individuals receiving assistance under a family
assistance plan can meet the work activity requirement of the plan by participating in a
first-grade preparedness program as a volunteer.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2007.
new text end

Sec. 5.

Minnesota Statutes 2004, section 124D.081, subdivision 6, is amended to read:

Subd. 6.

Preparedness revenue.

(a) A qualifying school district is eligible for
first-grade preparedness revenue equal to the basic formula allowance for that year times
the number of children five years of age or older enrolled in a kindergarten program
at the site on October 1 of the previous year times .53. new text begin Kindergarten programs under
subdivision 4 shall be fully funded by fiscal year 2017. A district may establish tuition
for such programs for fiscal years 2008 to 2017. In any fiscal year, such tuition may not
exceed the difference between full funding and the funding level for that fiscal year. A
district may reduce or waive such tuition in cases of financial hardship.
new text end

(b) This revenue must supplement and not replace compensatory revenue that the
district uses for the same or similar purposes under chapters 120B, 123A, 123B, 124D,
126C, and 127A.

(c) A pupil enrolled in the first grade preparedness program at a qualifying school
site is eligible for transportation under section 123B.88, subdivision 1.

(d) First grade preparedness revenue paid to a charter school for which a school
district is providing transportation according to section 124D.10, subdivision 16, shall
be decreased by an amount equal to the product of the formula allowance according to
section 126C.10, subdivision 2, times .0485 times the pupil units calculated according to
paragraph (a). This amount shall be paid to the school district for transportation costs.

Sec. 6.

Minnesota Statutes 2004, section 126C.05, subdivision 1, is amended to read:

Subdivision 1.

Pupil unit.

Pupil units for each Minnesota resident pupil in average
daily membership enrolled in the district of residence, in another district under sections
123A.05 to 123A.08, 124D.03, 124D.06, 124D.07, 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 handicapped 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 .557 of a
pupil unit for fiscal deleted text begin year deleted text end new text begin years new text end 2000 deleted text begin and thereafter deleted text end new text begin to 2006 new text end . new text begin Such pupils are counted as
.0558 of a pupil unit more than in the previous fiscal year for fiscal years 2007 to 2016
and as 1.115 pupil units for fiscal year 2017 and thereafter.
new text end

(e) A pupil who is in any of grades 1 to 3 is counted as 1.115 pupil units for fiscal
year 2000 and thereafter.

(f) A pupil who is any of grades 4 to 6 is counted as 1.06 pupil units for fiscal
year 1995 and thereafter.

(g) A pupil who is in any of grades 7 to 12 is counted as 1.3 pupil units.

(h) A pupil who is in the postsecondary enrollment options program is counted
as 1.3 pupil units.

Sec. 7.

Minnesota Statutes 2004, section 126C.05, subdivision 15, is amended to read:

Subd. 15.

Learning year pupil units.

(a) When a pupil is enrolled in a learning
year program under section 124D.128, an area learning center under sections 123A.05
and 123A.06, an alternative program approved by the commissioner, or a contract
alternative program under section 124D.68, subdivision 3, paragraph (d), or subdivision
3a, for more than 1,020 hours in a school year for a secondary student, more than 935
hours in a school year for an elementary student, deleted text begin or more than 425 hours in a school year
for a kindergarten student without a disability, deleted text end that pupil may be counted as more than
one pupil in average daily membership for purposes of section 126C.10, subdivision 2a.
The amount in excess of one pupil must be determined by the ratio of the number of
hours of instruction provided to that pupil in excess of: (i) the greater of 1,020 hours or
the number of hours required for a full-time secondary pupil in the district to 1,020 for
a secondary pupil; new text begin and new text end (ii) the greater of 935 hours or the number of hours required for
a full-time elementary pupil in the district to 935 for an elementary pupil in grades 1
through 6 deleted text begin ; and (iii) the greater of 425 hours or the number of hours required for a full-time
kindergarten student without a disability in the district to 425 for a kindergarten student
without a disability deleted text end . Hours that occur after the close of the instructional year in June shall
be attributable to the following fiscal year. deleted text begin A kindergarten student must not be counted
as more than 1.2 pupils in average daily membership under this subdivision. deleted text end A student
in new text begin kindergarten or new text end grades 1 through 12 must not be counted as more than 1.2 pupils in
average daily membership under this subdivision.

(b)(i) To receive general education revenue for a pupil in an alternative program
that has an independent study component, a district must meet the requirements in this
paragraph. The district must develop, for the pupil, a continual learning plan consistent
with section 124D.128, subdivision 3. Each school district that has a state-approved public
alternative program must reserve revenue in an amount equal to at least 90 percent of the
district average general education revenue per pupil unit less compensatory revenue per
pupil unit times the number of pupil units generated by students attending a state-approved
public alternative program. The amount of reserved revenue available under this
subdivision may only be spent for program costs associated with the state-approved public
alternative program. Compensatory revenue must be allocated according to section
126C.15, subdivision 2.

(ii) General education revenue for a pupil in an approved alternative program
without an independent study component must be prorated for a pupil participating for
less than a full year, or its equivalent. The district must develop a continual learning plan
for the pupil, consistent with section 124D.128, subdivision 3. Each school district that
has a state-approved public alternative program must reserve revenue in an amount equal
to at least 90 percent of the district average general education revenue per pupil unit less
compensatory revenue per pupil unit times the number of pupil units generated by students
attending a state-approved public alternative program. The amount of reserved revenue
available under this subdivision may only be spent for program costs associated with the
state-approved public alternative program. Compensatory revenue must be allocated
according to section 126C.15, subdivision 2.

(iii) General education revenue for a pupil in an approved alternative program that
has an independent study component must be paid for each hour of teacher contact
time and each hour of independent study time completed toward a credit or graduation
standards necessary for graduation. Average daily membership for a pupil shall equal the
number of hours of teacher contact time and independent study time divided by 1,020.

(iv) For an alternative program having an independent study component, the
commissioner shall require a description of the courses in the program, the kinds of
independent study involved, the expected learning outcomes of the courses, and the means
of measuring student performance against the expected outcomes.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2007.
new text end

Sec. 8.

Minnesota Statutes 2004, section 126C.12, subdivision 1, is amended to read:

Subdivision 1.

Revenue.

Of a district's general education revenue for fiscal year
deleted text begin 2000 deleted text end new text begin 2007 new text end and thereafter each school district shall reserve an amount equal to the formula
allowance multiplied by the following calculation:

(1) the sum of adjusted marginal cost pupils in average daily membership, according
to section 126C.05, subdivision 5, in kindergarten times deleted text begin .057 deleted text end new text begin .115 new text end ; plus

(2) the sum of adjusted marginal cost pupils in average daily membership, according
to section 126C.05, subdivision 5, in grades 1 to 3 times .115; plus

(3) the sum of adjusted marginal cost pupils in average daily membership, according
to section 126C.05, subdivision 5, in grades 4 to 6 times .06.

Sec. 9.

Minnesota Statutes 2004, section 126C.12, subdivision 5, is amended to read:

Subd. 5.

Additional revenue use.

If the board of a district determines that the
district has achieved and is maintaining the class sizes specified in subdivision 4, the board
may use the revenue to reduce class size in grades 4, 5, and 6, deleted text begin provide all-day, everyday
kindergarten, deleted text end prepare and use individualized learning plans, improve program offerings,
purchase instructional material, services, or technology, or provide staff development
needed for reduced class sizes.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2007.
new text end

Sec. 10.

Minnesota Statutes 2004, section 126C.126, is amended to read:

126C.126 REALLOCATING GENERAL EDUCATION REVENUE FOR
deleted text begin ALL-DAY deleted text end KINDERGARTEN.

In order to provide additional revenue for deleted text begin an optional all-day deleted text end new text begin a new text end kindergarten
program, a district may reallocate general education revenue attributable to 12th grade
students who have graduated early under section 120B.07.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2007.
new text end