SF 530

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/13/2014 08:19am

A bill for an act
relating to education finance; authorizing the Perpich Center for Arts Education
to operate a voluntary integration magnet school; transferring facilities;
modifying funding formulas; appropriating money; amending Minnesota Statutes
2012, section 129C.10, subdivision 3, by adding a subdivision; proposing coding
for new law in Minnesota Statutes, chapter 129C.

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

Section 1.

Minnesota Statutes 2012, section 129C.10, subdivision 3, is amended to read:

Subd. 3.

Powers and duties of board.

(a) The board has the powers necessary for
the care, management, and control of the Perpich Center for Arts Education new text begin and any other
school authorized in this chapter, new text end and all deleted text begin its deleted text end new text begin their new text end real and personal property. The powers
shall include, but are not limited to, those listed in this subdivision.

(b) The board may employ and discharge necessary employees, and contract for
other services to ensure the efficient operation of the Center for Arts Education new text begin and any
other school authorized in this chapter new text end .

(c) The board may receive and award grants. The board may establish a charitable
foundation and accept, in trust or otherwise, any gift, grant, bequest, or devise for
educational purposes and hold, manage, invest, and dispose of them and the proceeds
and income of them according to the terms and conditions of the gift, grant, bequest, or
devise and its acceptance. The board must adopt internal procedures to administer and
monitor aids and grants.

(d) The board may establish or coordinate evening, continuing education, extension,
and summer programs for teachers and pupils.

(e) The board may identify pupils who have artistic talent, either demonstrated or
potential, in dance, literary arts, media arts, music, theater, and visual arts, or in more
than one art form.

(f) The board must educate pupils with artistic talent by providing:

(1) an interdisciplinary academic and arts program for pupils in the 11th and 12th
grades. The total number of pupils accepted under this clause and clause (2) shall not
exceed 310;

(2) additional instruction to pupils for a 13th grade. Pupils eligible for this
instruction are those enrolled in 12th grade who need extra instruction and who apply
to the board, or pupils enrolled in the 12th grade who do not meet learner outcomes
established by the board;

(3) intensive arts seminars for one or two weeks for pupils in grades 9 to 12;

(4) summer arts institutes for pupils in grades 9 to 12;

(5) artist mentor and extension programs in regional sites; and

(6) teacher education programs for indirect curriculum delivery.

(g) The board may determine the location for the Perpich Center for Arts Education
and any additional facilities related to the center, including the authority to lease a
temporary facility.

(h) The board must plan for the enrollment of pupils on an equal basis from each
congressional district.

(i) The board may establish task forces as needed to advise the board on policies and
issues. The task forces expire as provided in section 15.059, subdivision 6.

(j) The board may request the commissioner of education for assistance and services.

(k) The board may enter into contracts with other public and private agencies
and institutions for residential and building maintenance services if it determines that
these services could be provided more efficiently and less expensively by a contractor
than by the board itself. The board may also enter into contracts with public or private
agencies and institutions, school districts or combinations of school districts, or service
cooperatives to provide supplemental educational instruction and services.

(l) The board may provide or contract for services and programs by and for the
Center for Arts Education, including a store, operating in connection with the center;
theatrical events; and other programs and services that, in the determination of the board,
serve the purposes of the center.

(m) The board may provide for transportation of pupils to and from the Center for
Arts Education for all or part of the school year, as the board considers advisable and
subject to its rules. Notwithstanding any other law to the contrary, the board may charge a
reasonable fee for transportation of pupils. Every driver providing transportation of pupils
under this paragraph must possess all qualifications required by the commissioner of
education. The board may contract for furnishing authorized transportation under rules
established by the commissioner of education and may purchase and furnish gasoline to a
contract carrier for use in the performance of a contract with the board for transportation
of pupils to and from the Center for Arts Education. When transportation is provided,
scheduling of routes, establishment of the location of bus stops, the manner and method of
transportation, the control and discipline of pupils, and any other related matter is within
the sole discretion, control, and management of the board.

(n) The board may provide room and board for its pupils. If the board provides room
and board, it shall charge a reasonable fee for the room and board. The fee is not subject
to chapter 14 and is not a prohibited fee according to sections 123B.34 to 123B.39.

(o) The board may establish and set fees for services and programs. If the board sets
fees not authorized or prohibited by the Minnesota public school fee law, it may do so
without complying with the requirements of section 123B.38.

(p) The board may apply for all competitive grants administered by agencies of the
state and other government or nongovernment sources.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2012, section 129C.10, is amended by adding a subdivision
to read:

new text begin Subd. 5a. new text end

new text begin Interdistrict voluntary integration magnet program. new text end

new text begin The board may
establish and operate an interdistrict integration magnet program according to section
129C.30.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

new text begin [129C.30] CROSSWINDS INTEGRATION MAGNET SCHOOL.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The following terms having the meanings given
them for this chapter.
new text end

new text begin (b) "Board" means the board of directors of the Perpich Center for Arts Education.
new text end

new text begin (c) "Crosswinds school" means the Crosswinds school in Woodbury operated during
the 2012-2013 school year by Joint Powers District No. 6067, East Metro Integration
District.
new text end

new text begin Subd. 2. new text end

new text begin Board to operate the Crosswinds school. new text end

new text begin The board may operate the
Crosswinds school with the powers and duties granted to it under this chapter. A student
may apply to the Crosswinds school under section 124D.03 and the Crosswinds school
may accept students under that section.
new text end

new text begin Subd. 3. new text end

new text begin General education funding. new text end

new text begin (a) General education revenue must be paid
to the Crosswinds school as though it were a district. The general education revenue for
each adjusted pupil unit is the state average general education revenue per pupil unit, plus
the referendum equalization aid allowance in the pupil's district of residence, minus an
amount equal to the product of the formula allowance according to section 126C.10,
subdivision 2, times .0466, calculated without basic skills revenue, extended time revenue,
pension adjustment revenue, transition revenue, and transportation sparsity revenue, plus
basic skills revenue, extended time revenue, pension adjustment revenue, and transition
revenue as though the school were a school district. The general education revenue for
each extended time pupil unit equals $4,794.
new text end

new text begin (b) General education revenue under paragraph (a) must be reduced by an amount
equal to 75 percent of the school's equity revenue for that year.
new text end

new text begin Subd. 4. new text end

new text begin Special education funding. new text end

new text begin Special education aid must be paid to the
Crosswinds school according to sections 125A.76 and 125A.79, as though it were a
school district. The special education aid paid to the Crosswinds school shall be adjusted
as follows:
new text end

new text begin (1) if the Crosswinds school does not receive general education revenue on behalf of
the student according to subdivision 3, the aid shall be adjusted as provided in section
125A.11; or
new text end

new text begin (2) if the Crosswinds school receives general education revenue on behalf of the
student according to subdivision 3, the aid shall be adjusted as provided in section
127A.47, subdivision 7, paragraphs (b) to (d).
new text end

new text begin Subd. 5. new text end

new text begin Pupil transportation. new text end

new text begin The board may transport pupils enrolled in the
2013-2014 school year to and from the Crosswinds school in succeeding school years
regardless of the student's district of residence. Pupil transportation expenses under this
section are reimbursable under section 124D.87.
new text end

new text begin Subd. 6. new text end

new text begin Achievement and integration aid. new text end

new text begin The Crosswinds school is eligible for
achievement and integration aid under section 124D.862 as if it were a school district.
new text end

new text begin Subd. 7. new text end

new text begin Other aids, grants, revenue. new text end

new text begin (a) The Crosswinds school is eligible to
receive other aids, grants, and revenue according to chapters 120A to 129C as though it
were a district.
new text end

new text begin (b) Notwithstanding paragraph (a), the Crosswinds school may not receive aid, a
grant, or revenue if a levy is required to obtain the money, or if the aid, grant, or revenue
replaces levy revenue that is not general education revenue, except as otherwise provided
in this section.
new text end

new text begin (c) Federal aid received by the state must be paid to the school, if it qualifies for
the aid as though it were a school district.
new text end

new text begin (d) In the year-end report to the commissioner of education, the Crosswinds school
shall report the total amount of funds received from grants and other outside sources.
new text end

new text begin Subd. 8. new text end

new text begin Year-round programming. new text end

new text begin The Crosswinds school may operate as a
flexible learning year program under sections 124D.12 to 124D.127.
new text end

new text begin Subd. 9. new text end

new text begin Data requirements. new text end

new text begin The commissioner of education shall require the
Crosswinds school to follow the budget and accounting procedures required for school
districts and the Crosswinds school shall report all data to the Department of Education in
the form and manner required by the commissioner.
new text end

Sec. 4. new text begin TRANSITION REQUIREMENTS; CROSSWINDS SCHOOL.
new text end

new text begin Subdivision 1. new text end

new text begin Transfer. new text end

new text begin Notwithstanding the appropriation of state general
obligation bond proceeds in Laws 1998, chapter 404, section 5, subdivision 5; Laws 1999,
chapter 240, article 1, section 3; Laws 2000, chapter 492, article 1, section 5, subdivision
2; Laws 2001, First Special Session chapter 12, section 2, subdivision 2; and Laws
2005, chapter 20, article 1, section 5, subdivision 3, to acquire and better the Crosswinds
school facilities by the Joint Powers District No. 6067, East Metro Integration District,
in Woodbury, the Crosswinds school may be conveyed to the Perpich Center for Arts
Education for use as an east metropolitan area integration magnet school.
new text end

new text begin Subd. 2. new text end

new text begin Student enrollment. new text end

new text begin Any student enrolled in the Crosswinds school
during the 2013-2014 school year may continue to enroll in the Crosswinds school in
any subsequent year. For the 2014-2015 school year and later, a student may apply for
enrollment to the school under Minnesota Statutes, section 124D.03.
new text end

new text begin Subd. 3. new text end

new text begin Compensatory revenue, literacy aid, and alternative compensation
revenue. new text end

new text begin For the 2014-2015 school year only, the Department of Education must calculate
compensatory revenue, literacy aid, and alternative compensation revenue for the
Crosswinds school based on the October 1, 2013, enrollment counts at that site.
new text end

new text begin Subd. 4. new text end

new text begin Title 1 funding. new text end

new text begin To the extent possible, the Department of Education
must qualify the Crosswinds school for Title 1, and if applicable, other federal funding,
as if the program were still operated by Joint Powers District No. 6067, East Metro
Integration District.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end