Minnesota Legislature
SF 1571
as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:22am
Current Version - as introduced
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A bill for an act
relating to education; establishing school choice scholarships; authorizing
rulemaking; appropriating money; proposing coding for new law in Minnesota
Statutes, chapter 124D.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[124D.075] SCHOOL CHOICE SCHOLARSHIPS.
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new text begin Subdivision 1. new text end
new text begin Administration. new text end
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The commissioner of education shall administer
the school choice scholarship program. The commissioner must make information
available to parents or guardians of eligible school-age children, develop a scholarship
application form, develop an intent to participate for schools, and provide forms to those
who request them.
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new text begin Subd. 2. new text end
new text begin Student eligibility. new text end
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A student who is in kindergarten or grades 1 through
12 is eligible for the scholarship program if:
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(1) the student is a resident of the seven-county metropolitan area;
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(2) the student is eligible to receive free or reduced price lunch or receives special
education services; and
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(3) the student's parent or guardian responsible to pay an eligible student's tuition
must complete the application form and certify the student's eligibility.
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new text begin Subd. 3. new text end
new text begin School eligibility. new text end
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An eligible student may use a scholarship in an eligible
school. An eligible school must:
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(1) be a nonpublic school other than a home school;
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(2) file an intent to participate form with the commissioner;
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(3) be a school in which a child is provided instruction in compliance with sections
120A.22 and 120A.24;
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(4) accept scholarships as payment of tuition and instructional fees for an eligible
student enrolled in the school;
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(5) accept eligible students on a random basis, except that the nonpublic school may
give preference to the siblings of students already enrolled in the nonpublic school;
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(6) comply with the student testing requirements under section 120B.30;
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(7) allow the commissioner to periodically verify the actual enrollment of eligible
students; and
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(8) use a performance-based accreditation system by an accrediting agency
recognized under section 123B.445, allow its eligible students to participate in the state
graduation standards, or develop and publish performance standards and assessments
based on the performance standards.
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The nonpublic school may require enrolled eligible students and their families to
comply with all written school policies, procedures, and requirements fairly and uniformly
applied to all other students enrolled in the school and their families.
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new text begin Subd. 4. new text end
new text begin School choice scholarships. new text end
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(a) Subject to paragraph (b), the scholarship
amount granted to an eligible student equals $5,000 or the actual cost for tuition and
instructional fees for an eligible student to attend an eligible school, whichever is less. An
eligible school must not charge more than its published tuition and instructional fees to
the eligible student.
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(b) The scholarship amount for an eligible student enrolled at an eligible school for
less than a full school year must be prorated.
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(c) The commissioner shall make quarterly payments on each eligible student's
behalf. The parent or guardian of the eligible student must assign the scholarship payments
to the eligible school that enrolls the student. The school must certify the student's
enrollment and tuition and instructional fees to redeem the scholarship. The commissioner
must pay the amount of the redeemed scholarship to the eligible school.
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new text begin Subd. 5. new text end
new text begin Student transportation. new text end
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A resident school district is responsible for
providing transportation within the district's borders for a student who enrolls at a
nonpublic school under this section and shall receive transportation funding equal to the
actual costs in the current school year for those transportation services.
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new text begin Subd. 6. new text end
new text begin Funding for student testing. new text end
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The state shall pay the nonpublic school
costs of administering tests given under section 120B.30.
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new text begin Subd. 7. new text end
new text begin Curriculum review; exemption from instruction. new text end
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A nonpublic school
must provide a procedure for a parent, guardian, or adult student, 18 years or older, to
review the content of instructional materials, and if found objectionable, the student shall
be exempt from the instruction upon request.
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new text begin Subd. 8. new text end
new text begin Termination of school eligibility. new text end
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If the commissioner determines in any
school year that an eligible school is not adequately serving eligible students enrolled
under this section, that school shall be ineligible the following school year.
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new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment
and applies to the 2010-2011 school year and thereafter.
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Sec. 2. new text begin RULEMAKING.
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The commissioner of education shall adopt rules and implement the scholarship
program described in section 1. The rules must be adopted under Minnesota Statutes,
chapter 14, in consultation with the council established under Minnesota Statutes, section
123B.445. The rules must include at a minimum: (1) the process for verification of
student eligibility before payment of the scholarship; (2) the pupil application form and
submission process; (3) the school intent to participate form and submission process; and
(4) the process for selecting the outstate district.
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new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment
and applies to the 2010-2011 school year and thereafter.
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Sec. 3. new text begin APPROPRIATION.
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$....... is appropriated in fiscal year 2010 and $....... is appropriated in fiscal year 2011
from the general fund to the commissioner of education to administer sections 1 and 2.
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