as introduced - 92nd Legislature (2021 - 2022) Posted on 03/10/2021 12:17pm
A bill for an act
relating to education; creating education savings accounts as a learning option for
students; appropriating money.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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This act shall be known as the "Education Savings Accounts for
Students Act."
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(a) For the purposes of this section, the following terms have the
meanings given them.
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(b) "Commissioner" means the commissioner of education.
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(c) "Department" means the Department of Education.
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(d) "Educational service provider" means an eligible school, tutor, or other person or
organization that provides education-related services and products to participating students.
The eligible student's parent shall not be an educational service provider for that student.
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(e) "Eligible school" means a nonpublic school where a student can fulfill compulsory
education requirements and that is recognized by the commissioner or accredited by an
accrediting agency recognized by the Minnesota Nonpublic Education Council under
Minnesota Statutes, section 123B.445, paragraph (a). An eligible school does not include
a home school under Minnesota Statutes, sections 120A.22, subdivision 4, and 120A.24.
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(f) "Eligible student" means any student who resides in Minnesota and who attended a
public school or a public charter school during the semester preceding participation in the
program.
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(g) "Parent" means a resident of this state who is a parent, legal guardian, custodian, or
other person with the authority to act on behalf of the eligible student.
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(h) "Postsecondary institution" means a college or university accredited by a state,
regional, or national accrediting organization.
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(i) "Program" means a five-year pilot program to implement education savings accounts
(ESAs).
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(j) "Tutor" means a person who (1) is certified or licensed by a state, regional, or national
certification or licensing organization to teach, (2) has earned a valid teacher's license, or
(3) has experience teaching at a postsecondary institution.
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(a) An eligible student qualifies
to participate in the program if the student's parent signs an agreement:
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(1) to arrange for the provision of organized, appropriate educational services with
measurable goals to the participating student in at least the subjects of reading, writing,
mathematics, social studies, and science; and
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(2) to not enroll the participating student in a public school or a public charter school
and to acknowledge as part of the agreement that the participating student has no individual
entitlement to a free appropriate public education from the student's resident school district,
including special education and related services, for as long as the student is participating
in the program.
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(b) A parent shall use the funds deposited in a participating student's ESA for any of the
following qualifying expenses to educate the student using any of the methods or combination
of methods in this paragraph that meet the requirement in paragraph (a), clause (1):
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(1) tuition and fees at an eligible school;
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(2) payment to a tutor;
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(3) payment for purchase of curriculum, including any textbooks and supplemental
materials required by the curriculum;
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(4) fees for transportation to and from an educational service provider paid to a
fee-for-service transportation provider;
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(5) tuition and fees for online learning programs or courses;
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(6) fees for nationally standardized norm-referenced achievement tests, including alternate
assessments, and fees for advanced placement examinations or similar courses and any
examinations related to college or university admission;
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(7) educational services or therapies from a licensed or certified practitioner or provider,
including licensed or certified paraprofessionals or educational aides;
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(8) services provided by a public school, including individual classes and extracurricular
programs;
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(9) tuition, fees, and textbooks at a postsecondary institution;
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(10) no more than $300 in annual consumable school supplies necessary for the student's
education; or
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(11) computer hardware and software and other technological devices if an eligible
school, tutor, educational service provider, or licensed medical professional verifies in
writing that these items are necessary for the student to meet annual, measurable goals.
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(c) Neither a participating student nor anyone on the student's behalf may receive cash
or cash-equivalent items, such as gift cards or store credit, from refunds or rebates from a
provider of services or products in this program. Refunds or rebates shall be credited directly
to the participating student's ESA. The funds in an ESA may only be used for
education-related purposes. Eligible schools, postsecondary institutions, and educational
service providers that serve participating students shall provide parents with a receipt for
all qualifying expenses.
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(d) Payment for educational services through an ESA shall not preclude parents from
paying for educational services using non-ESA funds.
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(e) For purposes of continuity of educational attainment, students who enroll in the
program shall remain eligible to receive monthly ESA payments until the participating
student returns to a public school, graduates from high school, or completes the school year
in which the student reaches the age of 21, whichever occurs first.
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(f) Any funds remaining in a student's ESA upon graduation from high school may be
used to attend or take courses from a postsecondary institution, with qualifying expenses
subject to the applicable conditions in paragraph (b).
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(g) Upon the participating student's graduation from a postsecondary institution or after
any period of four consecutive years after graduation from high school that the student is
not enrolled in a postsecondary institution, the participating student's ESA shall be closed
and any remaining funds shall be returned to the state general fund.
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(h) A participating student shall be allowed to return to the resident school district at
any time after enrolling in the program, according to rules adopted by the commissioner
providing for the least disruptive process for doing so. Upon a participating student's return
to the resident school district, the student's ESA shall be closed and any remaining funds
shall be returned to the state general fund.
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(i) The commissioner shall begin accepting applications for the program on July 1, 2022.
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(a) The commissioner shall determine the amount to be deposited in
each student's ESA on a first-come, first-served basis. The commissioner shall calculate the
sum of the following to determine the ESA amount:
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(1) the statewide average general education revenue per adjusted pupil unit; and
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(2) necessary aid attributable to the student during the student's public school enrollment
for special education services and instruction.
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(b) The information in paragraph (a) must be provided by the school in the form required
by the commissioner.
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(a) The commissioner shall create a standard form that parents
of students may submit to establish the student's eligibility for an ESA. The commissioner
shall ensure that the application is readily available to interested families through various
sources, including the department's website, and a copy of procedural safeguards annually
given to parents.
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(b) The commissioner shall provide parents of participating students with a written
explanation of the allowable uses of ESAs, the responsibilities of parents, and the duties of
the commissioner. The information shall also be made available on the department's website.
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(c) The commissioner shall annually notify all students who are eligible to participate
of the existence of the program and shall ensure that low-income families are made aware
of their potential eligibility.
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(d) The commissioner may deduct up to six percent from appropriations made to fund
ESAs to cover the costs of overseeing and administering the program.
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(e) The commissioner shall make payments to the ESAs of participating students on a
monthly basis unless there is evidence of misuse of the ESA pursuant to subdivision 6.
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(f) The commissioner shall make a determination of eligibility and shall approve the
application within 21 business days of receiving an application for participation in the
program.
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(a) To ensure that funds are spent appropriately, the
commissioner shall adopt rules and policies necessary for the administration of the program,
including the auditing of ESAs, and shall conduct or contract for random audits throughout
the year.
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(b) Beginning with the 2022-2023 school year, the commissioner shall issue ESA cards
to parents making expenditures under this section on behalf of a participating student. ESA
cards shall be issued to parents upon enrollment in the program and shall expire when the
participating student's ESA is closed, except for the periodic expiration and replacement of
cards in the normal course of business. All unexpended amounts shall remain in the student's
ESA and be combined with the following year's allocation of ESA funds, subject to
subdivision 3, paragraphs (f) and (g).
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(c) The commissioner, taking into consideration requests from the parents of participating
students, shall use merchant category classification (MCC) codes, or a similar system as
practicable and consistent with current technology, to identify categories of providers that
provide services and products consistent with subdivision 3, paragraph (b). The commissioner
shall make a list of blocked and unblocked MCC codes publicly available for purposes of
the program.
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(d) The commissioner shall adopt a process for removing educational service providers
that defraud parents and for referring cases of fraud to law enforcement.
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(e) The commissioner shall establish or contract for the establishment of an online,
anonymous fraud-reporting service and an anonymous telephone hotline for fraud reporting.
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(f) The commissioner shall adopt rules implementing policies on misspending of ESA
funds.
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(g) Any amount not spent in the allowable categories pursuant to the agreement will
cause the ESA card to be temporarily suspended and the parent contacted within five business
days by United States mail at the parent's home address explaining the suspension, detailing
the violation, and requesting the parent to:
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(1) provide additional documentation within 15 business days justifying the expenditure;
or
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(2) repay the misspent amount within 15 business days.
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(h) If the parent does not provide sufficient documentation and refuses to repay the
amount, the commissioner shall begin the removal process and shall seek to recover the
misspent funds using administrative measures or other appropriate measures, including
referral to collections, seeking a civil judgment, or referral to law enforcement.
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(i) If the parent repays the amount within the requested time frame, then the offense will
be recorded and held in the parent's file.
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(j) Three offenses within a consecutive three-year period shall disqualify the student
from participating in the program.
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(k) If the commissioner determines that a parent has failed to comply with the terms of
the agreement as specified in subdivision 3, the commissioner shall suspend the participating
student's ESA. The commissioner shall notify the parent in writing within five business
days that the ESA has been suspended and that no further transactions will be allowed or
disbursements made. The notification shall specify the reason for the suspension and state
that the parent has 21 business days to respond and take corrective action.
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(l) If the parent fails to respond to the commissioner, furnish reasonable and necessary
information, or make a report that may be required for reinstatement within the 21-day
period, the commissioner may remove the participating student from the program.
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(m) The decision of the commissioner under this section is subject to judicial review
under Minnesota Statutes, sections 14.63 to 14.69. The decision of the commissioner is
stayed pending an appeal.
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(n) The commissioner shall refer cases of substantial misuse of funds to law enforcement
agencies for investigation if evidence of fraudulent intent and use of an ESA is obtained.
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An eligible nonpublic school is autonomous and not an agent of the
state or federal government, and therefore:
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(1) the commissioner, department, or any other government agency shall not in any way
regulate the educational program of a nonpublic school or educational service provider that
accepts funds from the parent of a participating student;
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(2) the creation of the program does not expand the regulatory authority of the state, its
officers, or any school district to impose any additional regulation of nonpublic schools or
educational service providers beyond those necessary to enforce the requirements of the
program; and
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(3) eligible schools and educational service providers shall be given the maximum
freedom to provide for the educational needs of their students without governmental control.
No eligible school or educational service provider shall be required to alter its creed,
practices, admission policies, or curriculum in order to accept participating students.
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If any provision of this law or its application is found to be
unconstitutional and void, the remaining provisions or applications of this law that can be
given effect without the invalid provision or application are valid.
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This section is effective the day following final enactment and
applies for the 2022-2023 through 2026-2027 school years.
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The sums indicated in this section are
appropriated from the general fund in the fiscal years designated.
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(a) For education savings accounts development
and funding:
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2022 new text end |
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2023 new text end |
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(b) Any balance in the first year does not cancel but is available in the second year.
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