SF 1635

as introduced - 89th Legislature (2015 - 2016) Posted on 03/12/2015 09:10am

A bill for an act
relating to education finance; modifying special education payments for
certain charter schools; amending Minnesota Statutes 2014, section 124D.11,
subdivision 5, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2014, section 124D.11, subdivision 5, is amended to read:

Subd. 5.

Special education aid.

(a) Except as provided in deleted text begin subdivision deleted text end new text begin subdivisions new text end
2 new text begin and 5a new text end , special education aid must be paid to a charter school according to section
125A.76, as though it were a school district.

(b) For fiscal year 2015 and later, the special education aid paid to the charter school
shall be adjusted as follows:

(1) if the charter school does not receive general education revenue on behalf of
the student according to subdivision 1, the aid shall be adjusted as provided in section
125A.11; or

(2) if the charter school receives general education revenue on behalf of the student
according to subdivision 1, the aid shall be adjusted as provided in section 127A.47,
subdivision 7, paragraphs (b) to (d).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fiscal year 2017 and later.
new text end

Sec. 2.

Minnesota Statutes 2014, section 124D.11, is amended by adding a subdivision
to read:

new text begin Subd. 5a. new text end

new text begin Alternative special education aid. new text end

new text begin (a) A charter school is eligible for
special education aid calculated under this subdivision instead of under subdivision 5 if:
new text end

new text begin (1) the percent of students eligible for special education services equals at least 90
percent of the charter school's total enrollment; and
new text end

new text begin (2) the school submits to the commissioner an annual budget before June 15 and a
revised budget before January 15.
new text end

new text begin (b) Notwithstanding section 127A.45, for a charter school qualifying under
paragraph (a), the school's special education aid entitlement shall equal the school's
budgeted costs for nonfederal special education expenditures as defined in section
125A.76, subdivision 1. The school's special education aid equals 90 percent of the special
education aid entitlement and must be paid to the charter school on the schedule under
section 127A.45, subdivision 3, paragraph (a).
new text end

new text begin (c) Notwithstanding section 127A.45, if, under the revised budget, the charter
school's payment under paragraph (b) would exceed 95 percent of the school's nonfederal
special education expenditures for the year, the commissioner shall adjust the February
15 through June 20 payments so that the cumulative current year payment for special
education aid after the June 20 payment equals 95 percent of the nonfederal special
education expenditures under the revised budget.
new text end

new text begin (d) Notwithstanding section 127A.45, the commissioner shall calculate a final
adjustment payment for special education aid under section 127A.45, subdivision 9,
using the difference between (1) the school's nonfederal special education expenditures
as defined in section 125A.76, subdivision 1, for the prior fiscal year and (2) the prior
year payments under paragraphs (b) and (c).
new text end

new text begin (e) Notwithstanding section 127A.45, in addition to the amounts paid under
paragraphs (b) and (c), the commissioner shall pay to a charter school on the dates
indicated an amount computed as follows:
new text end

new text begin Payment 1 new text end	new text begin July 15: 75 percent of the final adjustment for the prior fiscal year for special education aid entitlements new text end
new text begin Payment 8 new text end	new text begin October 30: 25 percent of the final adjustment for the prior fiscal year for special education aid entitlements new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fiscal year 2017 and later.
new text end