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SF 1942

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/10/2021 03:47pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to education finance; modifying transportation funding for nonpublic
school students; appropriating money; amending Minnesota Statutes 2020, sections
123B.86; 123B.92, subdivision 9; Laws 2020, chapter 116, article 3, section 6,
subdivision 4.

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

Section 1.

Minnesota Statutes 2020, section 123B.86, is amended to read:


123B.86 EQUAL TREATMENT.

Subdivision 1.

General provisions.

new text begin(a) new text endA district shall provide equal transportation
within the district for all school children to any school when transportation is deemed
necessary by the school board because of distance or traffic condition in like manner and
form as provided in sections 123B.88 and 123B.92, when applicable.

new text begin (b) Equal transportation must be provided on any instructional day identified on the
school calendar adopted by the school board, except for instructional days canceled due to
inclement weather or on a day designated by the district as an e-learning day under section
120A.414.
new text end

Subd. 2.

Nonpublic school students.

(a) The board of any local district must provide
school bus transportation to the district boundary for school children residing in the district
at least the same distance from a nonpublic school actually attended in another district as
public school pupils are transported in the transporting district. Such transportation must
be provided whether or not there is another nonpublic school within the transporting district,
if the transportation is to schools maintaining grades or departments not maintained in the
district or if the attendance of such children at school can more safely, economically, or
conveniently be provided for by such means.

(b) The school board of any local district may provide school bus transportation to a
nonpublic school in another district for school children residing in the district and attending
that school, whether or not there is another nonpublic school within the transporting district,
if the transportation is to schools maintaining grades or departments not maintained in the
district or if the attendance of such children at school can more safely, economically, or
conveniently be provided for by such means. If the board transports children to a nonpublic
school located in another district, the nonpublic school must pay the cost of such
transportation provided outside the district boundaries.

Subd. 3.

Board control.

new text begin(a) new text endWhen transportation is provided, the scheduling of routes,
manner and method of transportation, control and discipline of school children and any
other matter relating thereto shall be within the sole discretion, control and management of
the board.

new text begin (b) A school board and a nonpublic school may mutually agree to a written plan for the
board to provide nonpublic pupil transportation to nonpublic school students.
new text end

new text begin (1) A school board that provides pupil transportation through its employees may transport
nonpublic school students according to the plan and retain the nonpublic pupil transportation
aid attributable to that plan. A nonpublic school may make a payment to the school district
to cover additional transportation services agreed to in the written plan for nonpublic pupil
transportation services not required under sections 123B.84 to 123B.87.
new text end

new text begin (2) A school board that contracts for pupil transportation services may enter into a
contractual arrangement with a school bus contractor according to the written plan adopted
by the school board and the nonpublic school to transport nonpublic school students and
retain the nonpublic pupil transportation aid attributable to that plan for purposes of paying
the school bus contractor. A nonpublic school may make a payment to the school district
to cover additional transportation services agreed to in the written plan for nonpublic pupil
transportation services included in the contract that are not required under sections 123B.84
to 123B.87.
new text end

new text begin (c) The school district must report the number of nonpublic school students transported
and the nonpublic pupil transportation expenditures incurred under paragraph (b) in the
form and manner specified by the commissioner.
new text end

Subd. 4.

Rules.

The commissioner of education may amend rules relating to equal
transportation.

Sec. 2.

Minnesota Statutes 2020, section 123B.92, subdivision 9, is amended to read:


Subd. 9.

Nonpublic pupil transportation aid.

(a) A district's nonpublic pupil
transportation aid deleted text beginfor the 1996-1997 and later school yearsdeleted text end for transportation services for
nonpublic school pupils according to sections 123B.88, 123B.84 to 123B.86, and this section,
equals the sum of the amounts computed in paragraphs (b) and (c). This aid does not limit
the obligation to transport pupils under sections 123B.84 to 123B.87.

(b) For regular and excess transportation according to subdivision 1, paragraph (b),
clauses (1) and (2), an amount equal to the product of:

(1) the district's actual expenditure per pupil transported in the regular and excess
transportation categories during the second preceding school year; times

(2) the number of nonpublic school pupils residing in the district who receive regular
or excess transportation service or reimbursement for the current school year; times

(3) the ratio of the formula allowance pursuant to section 126C.10, subdivision 2, for
the current school year to the formula allowance pursuant to section 126C.10, subdivision
2
, for the second preceding school year.

(c) For nonpublic nonregular transportation according to subdivision 1, paragraph (b),
clause (5), an amount equal to the product of:

(1) the district's actual expenditure for nonpublic nonregular transportation during the
second preceding school year; times

(2) the ratio of the formula allowance pursuant to section 126C.10, subdivision 2, for
the current school year to the formula allowance pursuant to section 126C.10, subdivision
2
, for the second preceding school year.

(d) Notwithstanding the amount of the formula allowance for fiscal years 2015 and 2016
in section 126C.10, subdivision 2, the commissioner shall use the amount of the formula
allowance for the current year minus $414 in determining the nonpublic pupil transportation
revenue in paragraphs (b) and (c) for fiscal years 2015 and 2016.

new text begin (e) For fiscal years 2022 and 2023 only, a district's nonpublic pupil transportation aid
must be adjusted in accordance with Laws 2020, chapter 116, article 3, section 6, subdivision
4.
new text end

Sec. 3.

Laws 2020, chapter 116, article 3, section 6, subdivision 4, is amended to read:


Subd. 4.

Nonpublic pupil transportation aid.

new text begin(a) new text endNotwithstanding any law to the
contrary, the commissioner of education may adjust the fiscal deleted text beginyeardeleted text endnew text begin yearsnew text end 2020new text begin and 2021new text end
pupil transportation expenditures used to determine nonpublic pupil transportation aid for
fiscal deleted text beginyeardeleted text endnew text begin yearsnew text end 2022 new text beginand 2023.
new text end

new text begin (b) The adjustment for fiscal year 2022 may be new text endbased on any mechanism that allows for
the full amount of the state total fiscal year 2020 expenditure estimated in the February
2020 forecast to be equitably allocated among school districts.

new text begin (c) For fiscal year 2023 nonpublic pupil transportation aid, the district's base for its actual
expenditures equals the greatest of:
new text end

new text begin (1) the actual expenditure per pupil transported in the regular and excess transportation
categories during the second preceding school year;
new text end

new text begin (2) the actual expenditure per pupil transported in the regular and excess transportation
categories during fiscal year 2019; or
new text end

new text begin (3) the expenditure base determined by the commissioner under paragraph (b).
new text end

Sec. 4. new text beginAPPROPRIATION; NONPUBLIC PUPIL TRANSPORTATION AID.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sums indicated in this section are
appropriated from the general fund to the Department of Education in the fiscal years
designated.
new text end

new text begin Subd. 2. new text end

new text begin Nonpublic pupil transportation aid. new text end

new text begin For nonpublic pupil transportation aid
under Minnesota Statutes, section 123B.92, subdivision 9:
new text end

new text begin $
new text end
new text begin .......
new text end
new text begin .....
new text end
new text begin 2022
new text end
new text begin $
new text end
new text begin .......
new text end
new text begin .....
new text end
new text begin 2023
new text end

new text begin The 2022 appropriation includes $1,964,000 for 2021 and $....... for 2022.
new text end

new text begin The 2023 appropriation includes $....... for 2022 and $....... for 2023.
new text end