as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
A bill for an act
relating to education; providing for school finance simplification, clarification,
and equity; amending Minnesota Statutes 2006, sections 126C.05, subdivisions
1, 15, 16; 126C.10, subdivisions 1, 2; 126C.13, subdivisions 4, 5; repealing
Minnesota Statutes 2006, sections 122A.61; 124D.081; 124D.65, subdivisions 5,
6, 7, 8, 9, 10, 11; 124D.86; 126C.01, subdivision 9; 126C.05, subdivisions 3, 17;
126C.10, subdivisions 2a, 2b, 3, 4, 5, 6, 7, 8, 13, 13a, 13b, 14, 16, 17, 18, 24, 25,
26, 27, 28, 29, 30, 31, 31a, 31b, 32, 33, 34, 35, 36; 126C.12; 126C.15.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2006, section 126C.05, subdivision 1, is amended to read:
Pupil units for each Minnesota resident pupil under the
age of 21 or who meets the requirements of section 120A.20, subdivision 1, paragraph
(c), 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 disabled 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) deleted text begin A kindergarten pupil who is not included in paragraph (c) is counted as .557 of a
pupil unit for fiscal year 2000 and thereafter.
deleted text end
deleted text begin (e)deleted text end A pupil who is in any of deleted text begin grades 1 to 3deleted text end new text begin kindergarten to grade 12new text end is counted as
new text begin onenew text end pupil deleted text begin unitsdeleted text end new text begin unitnew text end for fiscal year deleted text begin 2000deleted text end new text begin 2009new text end and thereafter.
deleted text begin
(f) A pupil who is any of grades 4 to 6 is counted as pupil units for fiscal
year 1995 and thereafter.
deleted text end
deleted text begin
(g) A pupil who is in any of grades 7 to 12 is counted as pupil units.
deleted text end
deleted text begin (h)deleted text end new text begin (e)new text end A pupil who is in the postsecondary enrollment options program is counted as
new text begin one new text end pupil deleted text begin unitsdeleted text end new text begin unitnew text end .
Minnesota Statutes 2006, section 126C.05, subdivision 15, is amended to read:
(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, or more than 425 hours in a school year for a kindergarten
student without a disability, 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; (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; 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. Hours that
occur after the close of the instructional year in June shall be attributable to the following
fiscal year. A kindergarten student must not be counted as more than 1.2 pupils in average
daily membership under this subdivision. A student in 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 deleted text begin less compensatory revenue per
pupil unitdeleted text end 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. deleted text begin Compensatory revenue must be allocated according to section
126C.15, subdivision 2.deleted text end
(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 deleted text begin less
compensatory revenue per pupil unitdeleted text end 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. deleted text begin Compensatory revenue must be allocated
according to section 126C.15, subdivision 2.deleted text end
(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.
Minnesota Statutes 2006, section 126C.05, subdivision 16, is amended to read:
The commissioner shall determine
the number of children eligible to receive either a free or reduced priced lunch on October
1 each year. deleted text begin Children enrolled in a building on October 1 and determined to be eligible to
receive free or reduced price lunch by December 15 of that school year shall be counted
as eligible on October 1 for purposes of subdivision 3.deleted text end The commissioner may use
federal definitions for these purposes and may adjust these definitions as appropriate.
The commissioner may adopt reporting guidelines to assure accuracy of data counts and
eligibility. Districts shall use any guidelines adopted by the commissioner.
Minnesota Statutes 2006, section 126C.10, subdivision 1, is amended to read:
For fiscal year deleted text begin 2006deleted text end new text begin 2009new text end and later,
the general education revenue for each district equals deleted text begin the sum ofdeleted text end the district's basic
revenuedeleted text begin , extended time revenue, gifted and talented revenue, basic skills revenue, training
and experience revenue, secondary sparsity revenue, elementary sparsity revenue,
transportation sparsity revenue, total operating capital revenue, equity revenue, alternative
teacher compensation revenue, and transition revenuedeleted text end .
Minnesota Statutes 2006, section 126C.10, subdivision 2, is amended to read:
The basic revenue for each district equals the formula
allowance times the adjusted marginal cost pupil units for the school year. deleted text begin The formula
allowance for fiscal year 2005 is $4,601. The formula allowance for fiscal year 2006 is
$4,783.deleted text end The formula allowance for fiscal deleted text begin yeardeleted text end new text begin yearsnew text end 2007 and deleted text begin subsequent yearsdeleted text end new text begin 2008new text end is
$4,974.new text begin The formula allowance for fiscal year 2009 and later is $........
new text end
Minnesota Statutes 2006, section 126C.13, subdivision 4, is amended to read:
deleted text begin
(a) For fiscal year 2006, a district's general
education aid is the sum of the following amounts:
deleted text end
deleted text begin
(1) general education revenue, excluding equity revenue, total operating capital, and
transition revenue;
deleted text end
deleted text begin
(2) operating capital aid according to section deleted text begin 126C.10, subdivision 13bdeleted text end ;
deleted text end
deleted text begin
(3) equity aid according to section deleted text begin 126C.10, subdivision 30deleted text end ;
deleted text end
deleted text begin
(4) transition aid according to section deleted text begin 126C.10, subdivision 33deleted text end ;
deleted text end
deleted text begin
(5) shared time aid according to section deleted text begin 126C.01, subdivision 7deleted text end ;
deleted text end
deleted text begin
(6) referendum aid according to section ; and
deleted text end
deleted text begin
(7) online learning aid according to section .
deleted text end
deleted text begin (b)deleted text end new text begin (a)new text end For fiscal deleted text begin yeardeleted text end new text begin yearsnew text end 2007 and deleted text begin laterdeleted text end new text begin 2008new text end , a district's general education aid is
the sum of the following amounts:
(1) general education revenue, excluding equity revenue, total operating capital
revenue, alternative teacher compensation revenue, and transition revenue;
(2) operating capital aid under section 126C.10, subdivision 13b;
(3) equity aid under section 126C.10, subdivision 30;
(4) alternative teacher compensation aid under section 126C.10, subdivision 36;
(5) transition aid under section 126C.10, subdivision 33;
(6) shared time aid under section 126C.01, subdivision 7;
(7) referendum aid under section 126C.17; and
(8) online learning aid according to section 124D.096.
new text begin
(b) For fiscal year 2009 and later, a district's general education aid is the sum of
the following amounts:
new text end
new text begin
(1) general education revenue;
new text end
new text begin
(2) shared time aid under section 126C.01, subdivision 7;
new text end
new text begin
(3) referendum aid under section 126C.17; and
new text end
new text begin
(4) online learning aid under section 124D.096.
new text end
Minnesota Statutes 2006, section 126C.13, subdivision 5, is amended to read:
deleted text begin Except as provided in sections 126C.10, subdivision 14;
126C.12; and 126C.15,deleted text end General education revenue may be used during the regular school
year and the summer for general and special school purposes.
new text begin
Minnesota Statutes 2006, sections 122A.61; 124D.081; 124D.65, subdivisions 5, 6,
7, 8, 9, 10, and 11; 124D.86; 126C.01, subdivision 9; 126C.05, subdivisions 3 and 17;
126C.10, subdivisions 2a, 2b, 3, 4, 5, 6, 7, 8, 13, 13a, 13b, 14, 16, 17, 18, 24, 25, 26, 27,
28, 29, 30, 31, 31a, 31b, 32, 33, 34, 35, and 36; 126C.12; and 126C.15,
new text end
new text begin
are repealed.
new text end
new text begin
Sections 1 to 8 are effective for revenue for fiscal year 2009.
new text end