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Minnesota Legislature

Office of the Revisor of Statutes

SF 1044

as introduced - 89th Legislature (2015 - 2016) Posted on 08/31/2015 03:02pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to education; amending a requirement for generating state English
learner aid; amending Minnesota Statutes 2014, section 124D.59, subdivision 2.

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

Section 1.

Minnesota Statutes 2014, section 124D.59, subdivision 2, is amended to read:


Subd. 2.

English learner.

(a) "English learner" means a pupil in kindergarten through
grade 12 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 kindergarten 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 deleted text beginsixdeleted text endnew text begin sevennew text end 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 fiscal year 2016 and later.
new text end