SF 1239

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

A bill for an act
relating to education; modifying pupil units for
certain students; increasing the formula allowance;
amending Minnesota Statutes 2004, sections 126C.05,
subdivisions 8, 15; 126C.10, subdivisions 2, 2a.

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

Section 1.

Minnesota Statutes 2004, section 126C.05,
subdivision 8, is amended to read:

Subd. 8.

Average daily membership.

(a) Membership for
pupils in grades kindergarten through 12 and for prekindergarten
pupils with disabilities shall mean the number of pupils on the
current roll of the school, counted from the date of entry until
withdrawal. The date of withdrawal shall mean the day the pupil
permanently leaves the school or the date it is officially known
that the pupil has left or has been legally excused. However, a
pupil, regardless of age, who has been absent from school for 15
consecutive school days during the regular school year or for
five consecutive school days during summer school or
intersession classes of flexible school year programs without
receiving instruction in the home or hospital shall be dropped
from the roll and classified as withdrawn. Nothing in this
section shall be construed as waiving the compulsory attendance
provisions cited in section 120A.22. Average daily membership
equals the sum for all pupils of the number of days of the
school year each pupil is enrolled in the district's schools
divided by the number of days the schools are in session. Days
of summer school or intersession classes of flexible school year
programs are only included in the computation of membership for
pupils with a disability not appropriately served primarily in
the regular classroom. A student must not be counted as more
than deleted text begin 1.2 deleted text end new text begin 1.5 new text end pupils in average daily membership under this
section. When the initial total average daily membership
exceeds deleted text begin 1.2 deleted text end new text begin 1.5 new text end for a pupil enrolled in more than one school
district during the fiscal year, each district's average daily
membership must be reduced proportionately.

(b) A student must not be counted as more than one pupil in
average daily membership except for purposes of section 126C.10,
subdivision 2a.

Sec. 2.

Minnesota Statutes 2004, section 126C.05,
subdivision 15, is amended to read:

Subd. 15.

Learning year pupil units.

(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 new text begin except for a secondary student
enrolled in an area learning center who may be counted up to 1.5
pupils in average daily membership under this subdivision new text end .

(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
less compensatory revenue per pupil unit 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. Compensatory revenue must be allocated according to
section 126C.15, subdivision 2.

(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 less compensatory revenue per
pupil unit 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. Compensatory revenue
must be allocated according to section 126C.15, subdivision 2.

(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.

Sec. 3.

Minnesota Statutes 2004, section 126C.10,
subdivision 2, is amended to read:

Subd. 2.

Basic revenue.

new text begin (a) new text end 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 2001 is $3,964. The formula allowance
for fiscal year 2002 is $4,068. deleted text end The formula allowance for
fiscal deleted text begin year deleted text end new text begin years new text end 2003 deleted text begin and subsequent years deleted text end new text begin through 2005 new text end is
$4,601.

new text begin (b) The basic formula allowance in paragraph (a) is
increased by $150 for fiscal year 2006 and by $250 for fiscal
year 2007 and later.
new text end

Sec. 4.

Minnesota Statutes 2004, section 126C.10,
subdivision 2a, is amended to read:

Subd. 2a.

Extended time revenue.

(a) A school district's
extended time revenue is equal to the product of $4,601 and the
sum of the adjusted marginal cost pupil units of the district
for each pupil in average daily membership in excess of 1.0 and
less than deleted text begin 1.2 deleted text end new text begin 1.5 new text end according to section 126C.05, subdivision 8.

(b) A school district's extended time revenue may be used
for extended day programs, extended week programs, summer
school, and other programming authorized under the learning year
program.