SF 421

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

A bill for an act
relating to education; requiring state payment of certain excessive special
education costs; increasing the program growth factor; amending Minnesota
Statutes 2006, sections 125A.75, by adding a subdivision; 125A.76, subdivision
1.

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

Section 1.

Minnesota Statutes 2006, section 125A.75, is amended by adding a
subdivision to read:

new text begin Subd. 9. new text end

new text begin State payment of excessive special education costs. new text end

new text begin The state shall pay to
a district providing special instruction and services to a child with a disability the actual
costs of providing that instruction and service to that child that exceeds $35,000 per school
year. The district may bill the state for the actual cost incurred in providing the services
including transportation costs and a proportionate amount of capital expenditures and debt
service, minus $35,000. The total amount received for a child for a school year may not
exceed the amount expended on that child for that year. This aid shall be in addition to any
other aid earned by the district in that year on behalf of that child provided that the total aid
received does not exceed the actual cost of providing instruction and service to the child.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2008.
new text end

Sec. 2.

Minnesota Statutes 2006, section 125A.76, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For the purposes of this section, the definitions in this
subdivision apply.

(a) "Base year" for fiscal year 1998 and later fiscal years means the second fiscal
year preceding the fiscal year for which aid will be paid.

(b) "Basic revenue" has the meaning given it in section 126C.10, subdivision 2.
For the purposes of computing basic revenue pursuant to this section, each child with a
disability shall be counted as prescribed in section 126C.05, subdivision 1.

(c) "Essential personnel" means teachers, cultural liaisons, related services, and
support services staff providing direct services to students. Essential personnel may also
include special education paraprofessionals or clericals providing support to teachers and
students by preparing paperwork and making arrangements related to special education
compliance requirements, including parent meetings and individual education plans.

(d) "Average daily membership" has the meaning given it in section 126C.05.

(e) "Program growth factor" means 1.046 for fiscal year deleted text begin 2003, and 1.0 for fiscal
year 2004 deleted text end new text begin 2008 new text end and later.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2008
and thereafter.
new text end