SF 736

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

A bill for an act
relating to education; authorizing general education
access grants for students; amending Minnesota
Statutes 2004, section 126C.20; proposing coding for
new law in Minnesota Statutes, chapter 124D.

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

Section 1.

new text begin [124D.097] GENERAL EDUCATION ACCESS GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Enrollment. new text end

new text begin (a) For purposes of this
section, a student may enroll in a Minnesota elementary or
secondary school accredited by an accrediting agency recognized
according to section 123B.445, or recognized by the
commissioner, and is eligible to receive an access grant for the
cost of attendance if:
new text end

new text begin (1) the household income of the student's parent or
guardian is less than or equal to 250 percent of the federal
poverty guidelines, adjusted for family size, at the time of
initial application;
new text end

new text begin (2) the student resides within and is enrolled in either
Special School District No. 1, Minneapolis, or Independent
School District No. 625, St. Paul, at the time of initial
application; and
new text end

new text begin (3) the student's application for an access grant is
approved by the commissioner.
new text end

new text begin (b) Subject to the requirements of paragraphs (c) and (d),
applications that are properly submitted in the form and manner
prescribed by the commissioner shall be pooled and acted on by
March 1 for the following school year and subsequent
applications must be acted on in the order they are received.
The commissioner shall notify an applicant in writing of the
status of the application.
new text end

new text begin (c) In fiscal year 2006, the total number of approved
student access grant applications for residents of each school
district shall not exceed ten percent of the previous year's
enrollment for each school district. If the number of initial
applications exceeds the limit established by this paragraph as
of the date established by the commissioner, the approved access
grants shall be selected by lot.
new text end

new text begin (d) In fiscal years 2007 through 2011, the limit on the
total number of approved student access grant applications for
residents of each school district shall annually increase by
five percent. Eligible applications submitted by current
student access grant recipients for initial action by March 1
shall be approved and not be subject to random selection. If
other initial student access grant applications combine to
exceed the limit established by this paragraph, the approved
access grants shall be selected by lot. In fiscal year 2012 and
thereafter, no limit shall apply to the total number of approved
applications for residents of each school district.
new text end

new text begin Subd. 2. new text end

new text begin Funding. new text end

new text begin (a) On a regular basis, as determined
by the commissioner but at least quarterly, access grant
payments shall be made to the parent or guardian of an approved
student applicant in the form of a check that must be
restrictively endorsed by the parent or guardian for the school
providing the instruction. Access grant payments are considered
financial assistance solely to the parent or guardian who is
primarily responsible for ensuring that the child acquires
knowledge and skills under section 120A.22.
new text end

new text begin (b) The total amount of the access grant for any school
year shall not exceed the tuition and fees charged at the school
where the student is enrolled and attending, or the formula
allowance under section 126C.10, subdivision 2, whichever is
less. The commissioner shall only recognize tuition and fees
that are equal to what comparable students are charged who do
not receive access grants.
new text end

new text begin (c) Prior to distribution of payments, the commissioner
must require of the parent or guardian, and must receive in the
form and manner prescribed by the commissioner, information
necessary to validate the cost of attendance and enrollment
status of the student. The commissioner shall prorate the
access grant if the student is enrolled for only part of the
school year.
new text end

new text begin (d) The commissioner must withhold access grant payments
while it is reasonably believed that false information
concerning the cost of attendance and enrollment status of the
student has been intentionally submitted by an involved party.
The commissioner shall audit and verify submitted information
according to program integrity guidelines adopted by the
commissioner.
new text end

new text begin (e) For the purpose of receiving funds under general
education revenue and other applicable revenue programs, a
school district may include a resident student receiving aid
under this section in its total pupil count for up to three
years as follows:
new text end

new text begin (1) for the first year, 100 percent of resident students
receiving access grants;
new text end

new text begin (2) for the second year, two-thirds of resident students
receiving access grants;
new text end

new text begin (3) for the third year, one-third of resident students
receiving access grants; and
new text end

new text begin (4) for the fourth and subsequent years, resident students
receiving access grants shall not be included in a school
district's total pupil count.
new text end

new text begin The commissioner shall reduce the amount of state aids to
which the district is entitled under this paragraph by the
amount of access grant payments disbursed on behalf of the
student residing within the district.
new text end

new text begin Subd. 3. new text end

new text begin Assessment. new text end

new text begin A student receiving an access grant
under this section shall participate in the statewide testing
and reporting system under section 120B.30. The commissioner
shall arrange for the time and location of any required
assessments. Individual student results shall be reported to
the parent or guardian of the student and to the school
providing instruction. Aggregate results shall be reported to
the public.
new text end

new text begin Subd. 4. new text end

new text begin Conference. new text end

new text begin The commissioner shall offer an
informal conference to applicants and recipients adversely
affected by an agency action to attempt to resolve the dispute.
new text end

Sec. 2.

Minnesota Statutes 2004, section 126C.20, is
amended to read:

126C.20 ANNUAL GENERAL EDUCATION AID APPROPRIATION.

There is annually appropriated from the general fund to the
department the amount necessary for general education aid new text begin and
general education access grants new text end . This amount must be reduced by
the amount of any money specifically appropriated for the same
purpose in any year from any state fund.