Minnesota Legislature
SF 2027
as introduced - 89th Legislature (2015 - 2016) Posted on 10/07/2015 02:51pm
Current Version - as introduced
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A bill for an act
relating to education finance; establishing an American Indian education aid
program; eliminating the equalization cap for Bureau of Indian Education schools;
amending Minnesota Statutes 2014, sections 124D.81; 124D.83, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2014, section 124D.81, is amended to read:
124D.81 deleted text begin CONTINUATION OFdeleted text end new text begin AMERICANnew text end INDIAN EDUCATION deleted text begin GRANTS
deleted text end new text begin AIDnew text end .
Subdivision 1.
deleted text begin Grants;deleted text end Procedures.
deleted text begin Each fiscal year the commissioner of education
must make grants to no fewer than six American Indian education programs. At least
three programs must be in urban areas and at least three must be on or near reservations.
The board of a local district, a participating school or a group of boards may develop a
proposal for grants in support of American Indian education programs. Proposalsdeleted text end new text begin (a) A
school district, charter school, or American Indian-controlled tribal contract or grant
school enrolling at least 20 American Indian students on October 1 of the previous school
year and operating an American Indian education program according to section 124D.74 is
eligible for Indian education aid if it meets the requirements of this section. Programsnew text end may
provide for contracts for the provision of program components by nonsectarian nonpublic,
community, tribal, charter, or alternative schools. The commissioner shall prescribe the
form and manner of application for deleted text begin grantsdeleted text end new text begin aidsnew text end , and no deleted text begin grantdeleted text end new text begin aidnew text end shall be made for a
deleted text begin proposaldeleted text end new text begin programnew text end not complying with the requirements of sections 124D.71 to 124D.82.
Subd. 2.
Plans.
deleted text begin Eachdeleted text end new text begin To qualify for aid, an eligiblenew text end districtnew text begin , charter school,new text end or
deleted text begin participatingdeleted text end new text begin tribal contractnew text end school deleted text begin submitting a proposal under subdivision 1deleted text end must
develop and submit deleted text begin with the proposaldeleted text end a plan new text begin for approval by the Indian education director
new text end deleted text begin whichdeleted text end new text begin thatnew text end shall:
(a) Identify the measures to be used to meet the requirements of sections 124D.71 to
124D.82;
(b) Identify the activities, methods and programs to meet the identified educational
needs of the children to be enrolled in the program;
(c) Describe how district goals and objectives as well as the objectives of sections
124D.71 to 124D.82 are to be achieved;
(d) Demonstrate that required and elective courses as structured do not have a
discriminatory effect within the meaning of section 124D.74, subdivision 5;
(e) Describe how each school program will be organized, staffed, coordinated,
and monitored; and
(f) Project expenditures for programs under sections 124D.71 to 124D.82.
new text begin Subd. 2a. new text end
new text begin American Indian education aid. new text end
new text begin
(a) The American Indian education aid
for an eligible district or tribal contract school equals the greater of (1) the sum of $20,000
plus the product of $405 times the difference between the number of American Indian
students enrolled on October 1 of the previous school year and 20; or (2) if the district or
school received a grant under this section for fiscal year 2015, the amount of the grant
for fiscal year 2015.
new text end
new text begin
(b) Notwithstanding paragraph (a), the American Indian education aid must not
exceed the district or tribal contract school's actual expenditure according to the approved
plan under subdivision 2.
new text end
Subd. 3.
Additional requirements.
Each district receiving deleted text begin a grantdeleted text end new text begin aidnew text end under this
section must each year conduct a count of American Indian children in the schools
of the district; test for achievement; identify the extent of other educational needs of
the children to be enrolled in the American Indian education program; and classify the
American Indian children by grade, level of educational attainment, age and achievement.
Participating schools must maintain records concerning the needs and achievements of
American Indian children served.
Subd. 4.
Nondiscrimination; testing.
In accordance with recognized professional
standards, all testing and evaluation materials and procedures utilized for the identification,
testing, assessment and classification of American Indian children must be selected and
administered so as not to be racially or culturally discriminatory and must be valid for the
purpose of identifying, testing, assessing, and classifying American Indian children.
Subd. 5.
Records.
Participating schools and districts must keep records and afford
access to them as the commissioner finds necessary to ensure that American Indian
education programs are implemented in conformity with sections 124D.71 to 124D.82.
Each school district or participating school must keep accurate, detailed, and separate
revenue and expenditure accounts for pilot American Indian education programs funded
under this section.
Subd. 6.
Money from other sources.
A district or participating school providing
American Indian education programs shall be eligible to receive moneys for these programs
from other government agencies and from private sources when the moneys are available.
Subd. 7.
Exceptions.
Nothing in sections 124D.71 to 124D.82 shall be construed as
prohibiting a district or school from implementing an American Indian education program
which is not in compliance with sections 124D.71 to 124D.82 if the proposal and plan for
that program is not funded pursuant to this section.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal year 2016
and later.
new text end
Sec. 2.
Minnesota Statutes 2014, section 124D.83, subdivision 2, is amended to read:
Subd. 2.
Revenue amount.
An American Indian-controlled tribal contract or
grant school that is located on a reservation within the state and that complies with the
requirements in subdivision 1 is eligible to receive tribal contract or grant school aid.
The amount of aid is derived by:
(1) multiplying the formula allowance under section 126C.10, subdivision 2, less
$170, times the difference between (i) the resident pupil units as defined in section
126C.05, subdivision 6, in average daily membership, excluding section 126C.05,
subdivision 13, and (ii) the number of pupils for the current school year, weighted
according to section 126C.05, subdivision 1, receiving benefits under section 123B.42 or
123B.44 or for which the school is receiving reimbursement under section 124D.69;
(2) adding to the result in clause (1) an amount equal to the product of the formula
allowance under section 126C.10, subdivision 2, less $300 times the tribal contract
compensation revenue pupil units;
(3) subtracting from the result in clause (2) the amount of money allotted to the
school by the federal government through Indian School Equalization Program of the
Bureau of Indian Affairs, according to Code of Federal Regulations, title 25, part 39,
subparts A to E, for the basic program as defined by section 39.11, paragraph (b), for
the base rate as applied to kindergarten through twelfth grade, excluding small school
adjustments and additional weighting, but not money allotted through subparts F to L for
contingency funds, school board training, student training, interim maintenance and minor
repair, interim administration cost, prekindergarten, and operation and maintenance, and
the amount of money that is received according to section 124D.69;
(4) dividing the result in clause (3) by the sum of the resident pupil units in average
daily membership, excluding section 126C.05, subdivision 13, plus the tribal contract
compensation revenue pupil units; and
(5) multiplying the sum of the resident pupil units, including section 126C.05,
subdivision 13, in average daily membership plus the tribal contract compensation revenue
pupil units by deleted text begin the lesser of $1,500 ordeleted text end the result in clause (4).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue in fiscal year 2016 and
later.
new text end