SF 3095

as introduced - 89th Legislature (2015 - 2016) Posted on 03/24/2016 08:49am

A bill for an act
relating to education; providing for four-year-old prekindergarten instruction;
amending Minnesota Statutes 2014, sections 124D.1158, subdivisions 3, 4;
126C.10, subdivision 2d; Minnesota Statutes 2015 Supplement, sections
120A.41; 122A.415, subdivision 1; 123B.595, subdivision 1; 124D.59,
subdivision 2; 124E.11; 126C.05, subdivision 1; proposing coding for new law
in Minnesota Statutes, chapter 124D.

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

Section 1.

Minnesota Statutes 2015 Supplement, section 120A.41, is amended to read:

120A.41 LENGTH OF SCHOOL YEAR; HOURS OF INSTRUCTION.

A school board's annual school calendar must include at least 425 hours of
instruction for a kindergarten student without a disability, 935 hours of instruction for a
student in grades 1 through 6, and 1,020 hours of instruction for a student in grades 7
through 12, not including summer school. The school calendar for all-day kindergarten
must include at least 850 hours of instruction for the school year. new text begin The school calendar for
prekindergarten, if offered by the district, must include at least 350 hours of instruction
for the school year. new text end A school board's annual calendar must include at least 165 days of
instruction for a student in grades 1 through 11 unless a four-day week schedule has been
approved by the commissioner under section 124D.126.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2017-2018 school year and
later.
new text end

Sec. 2.

Minnesota Statutes 2015 Supplement, section 122A.415, subdivision 1, is
amended to read:

Subdivision 1.

Revenue amount.

(a) A school district, intermediate school district,
cooperative unit as defined in section 123A.24, subdivision 2, school site, or charter
school that meets the conditions of section 122A.414 and submits an application approved
by the commissioner is eligible for alternative teacher compensation revenue.

(b) For school district and intermediate school district applications, the commissioner
must consider only those applications to participate that are submitted jointly by a
district and the exclusive representative of the teachers. The application must contain an
alternative teacher professional pay system agreement that:

(1) implements an alternative teacher professional pay system consistent with
section 122A.414; and

(2) is negotiated and adopted according to the Public Employment Labor Relations
Act under chapter 179A, except that notwithstanding section 179A.20, subdivision 3, a
district may enter into a contract for a term of two or four years.

Alternative teacher compensation revenue for a qualifying school district or site in
which the school board and the exclusive representative of the teachers agree to place
teachers in the district or at the site on the alternative teacher professional pay system
equals deleted text begin $260 deleted text end new text begin the alternative teacher compensation allowance new text end times the number of pupils
enrolled at the district or site on October 1 of the previous fiscal year. new text begin The alternative
teacher compensation allowance equals $260 for fiscal years 2015 through 2018, $246 for
fiscal year 2019, and $244 for fiscal year 2020 and later. new text end Alternative teacher compensation
revenue for a qualifying intermediate school district or cooperative must be calculated
under subdivision 4, paragraph (b).

(c) For a newly combined or consolidated district, the revenue shall be computed
using the sum of pupils enrolled on October 1 of the previous year in the districts entering
into the combination or consolidation. The commissioner may adjust the revenue computed
for a site using prior year data to reflect changes attributable to school closings, school
openings, or grade level reconfigurations between the prior year and the current year.

(d) The revenue is available only to school districts, intermediate school districts,
cooperatives, school sites, and charter schools that fully implement an alternative teacher
professional pay system by October 1 of the current school year.

Sec. 3.

Minnesota Statutes 2015 Supplement, section 123B.595, subdivision 1, is
amended to read:

Subdivision 1.

Long-term facilities maintenance revenue.

(a) For fiscal year
2017 only, long-term facilities maintenance revenue equals the greater of (1) $193 times
the district's adjusted pupil units times the lesser of one or the ratio of the district's
average building age to 35 years, plus the cost approved by the commissioner for indoor
air quality, fire alarm and suppression, and asbestos abatement projects under section
123B.57, subdivision 6, with an estimated cost of $100,000 or more per site or (2) the
sum of the amount the district would have qualified for under Minnesota Statutes 2014,
section 123B.57, Minnesota Statutes 2014, section 123B.59, and Minnesota Statutes
2014, section 123B.591.

(b) For fiscal year 2018 only, long-term facilities maintenance revenue equals the
greater of (1) new text begin the sum of (i) new text end $292 times the district's adjusted pupil units times the lesser
of one or the ratio of the district's average building age to 35 years, plus new text begin (ii) new text end the cost
approved by the commissioner for indoor air quality, fire alarm and suppression, and
asbestos abatement projects under section 123B.57, subdivision 6, with an estimated
cost of $100,000 or more per site new text begin , plus (iii) the cost approved by the commissioner for
remodeling existing instructional space to accommodate prekindergarten instruction,
new text end or (2) the sum of new text begin (i) new text end the amount the district would have qualified for under Minnesota
Statutes 2014, section 123B.57, Minnesota Statutes 2014, section 123B.59, and Minnesota
Statutes 2014, section 123B.591 new text begin , and (ii) the cost approved by the commissioner for
remodeling existing instructional space to accommodate prekindergarten instruction new text end .

(c) For fiscal year 2019 and later, long-term facilities maintenance revenue equals
the greater of (1) new text begin the sum of (i) new text end $380 times the district's adjusted pupil units times the
lesser of one or the ratio of the district's average building age to 35 years, plus new text begin (ii) new text end the cost
approved by the commissioner for indoor air quality, fire alarm and suppression, and
asbestos abatement projects under section 123B.57, subdivision 6, with an estimated
cost of $100,000 or more per site new text begin , plus (iii) the cost approved by the commissioner for
remodeling existing instructional space to accommodate prekindergarten instruction,
new text end or (2) the sum of new text begin (i) new text end the amount the district would have qualified for under Minnesota
Statutes 2014, section 123B.57, Minnesota Statutes 2014, section 123B.59, and Minnesota
Statutes 2014, section 123B.591 new text begin , and (ii) the cost approved by the commissioner for
remodeling existing instructional space to accommodate prekindergarten instruction new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue beginning in fiscal year
2018.
new text end

Sec. 4.

Minnesota Statutes 2014, section 124D.1158, subdivision 3, is amended to read:

Subd. 3.

Program reimbursement.

Each school year, the state must reimburse
each participating school 30 cents for each reduced-price breakfast, 55 cents for each fully
paid breakfast served to students in grades 1 to 12, and $1.30 for each fully paid breakfast
served to a new text begin prekindergarten or new text end kindergarten student.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue in fiscal year 2018 and
later.
new text end

Sec. 5.

Minnesota Statutes 2014, section 124D.1158, subdivision 4, is amended to read:

Subd. 4.

No fees.

A school that receives school breakfast aid under this section must
make breakfast available without charge to all participating students in grades 1 to 12 who
qualify for free or reduced-price meals and to all new text begin prekindergarten or new text end kindergarten students.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue in fiscal year 2018 and
later.
new text end

Sec. 6.

new text begin [124D.171] PREKINDERGARTEN PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Programs authorized. new text end

new text begin A school district or charter school may offer
a voluntary prekindergarten program for all four-year-old children.
new text end

new text begin Subd. 2. new text end

new text begin Program characteristics. new text end

new text begin (a) High-quality, state-funded prekindergarten
must prepare children for kindergarten and meet the state prekindergarten program criteria,
which include the following:
new text end

new text begin (1) compensatory instruction that accelerates children's language and literacy skills,
mathematical thinking, and social skills;
new text end

new text begin (2) instructional content and activities that are of sufficient length and intensity to
address learning needs;
new text end

new text begin (3) measurement of each child's cognitive and social skills using a formative
measure when the child enters and again before the child leaves the program, screening
measures such as literacy, and others from the state-approved menu of kindergarten
entrance measures;
new text end

new text begin (4) class size of 20 or fewer children and child-staff ratios of ten-to-one or less;
new text end

new text begin (5) an individualized learning plan for each child created by the family and teacher,
which includes a transition plan to kindergarten;
new text end

new text begin (6) a lead teacher in each classroom who is appropriately licensed and trained in
child development, language and literacy development, early education instruction, and
native and English language development;
new text end

new text begin (7) prekindergarten instructional staff salaries comparable to the salaries of local
kindergarten through grade 12 instructional staff;
new text end

new text begin (8) community collaboration and planning, including community health and social
service agencies to ensure children have access to comprehensive services;
new text end

new text begin (9) coordination with all relevant school programs and services, including special
education, homeless, and English learners;
new text end

new text begin (10) parent engagement strategies aligned with culturally and linguistically
responsive activities in prekindergarten through grade 3;
new text end

new text begin (11) development and implementation of curriculum, assessment, and instructional
strategies aligned with the state's early learning guidelines and academic standards for
prekindergarten through grade 3;
new text end

new text begin (12) inclusion of children with disabilities in the prekindergarten program;
new text end

new text begin (13) coordinated professional development and training for both school and
community-based early learning providers that is informed by a measure of adult-child
interactions; and
new text end

new text begin (14) a plan for mixed delivery that may include partnerships with child care centers,
family child care programs licensed under section 245A.03, and Head Start programs that
comply with the state prekindergarten program requirements. Plan components include
strategies for recruitment, contracting, and monitoring of fiscal compliance and program
quality.
new text end

new text begin (b) Districts must include their strategy for implementing and measuring the impact
of their state-funded prekindergarten program in their world's best workforce plan.
new text end

new text begin (c) Notwithstanding paragraph (a), clause (6), for fiscal year 2018, every district
receiving prekindergarten funding under section 126C.05, subdivision 1, must ensure at
least 25 percent of classroom teachers have the required license or special permission,
50 percent for fiscal year 2019, 75 percent for fiscal year 2020, and 100 percent for each
classroom by fiscal year 2021 and thereafter.
new text end

new text begin Subd. 3. new text end

new text begin Child eligibility. new text end

new text begin A child may participate in a prekindergarten program if
the child:
new text end

new text begin (1) is not yet in kindergarten and is four years old on September 1 of that school year;
new text end

new text begin (2) has completed the early childhood health and development screening under
sections 121A.16 to 121A.19 within 45 days of enrollment; and
new text end

new text begin (3) provides documentation of required immunizations under section 121A.15.
new text end

new text begin Subd. 4. new text end

new text begin Hours of instruction. new text end

new text begin A school board's annual school calendar for
prekindergarten must meet the minimum hours requirement in section 120A.41.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end

Sec. 7.

Minnesota Statutes 2015 Supplement, section 124D.59, subdivision 2, is
amended to read:

Subd. 2.

English learner.

(a) "English learner" means a pupil in deleted text begin kindergarten
deleted text end new text begin prekindergarten new text end through grade 12 who meets the requirements under subdivision 2a or the
following requirements:

(1) the pupil, as declared by a parent or guardian first learned a language other than
English, comes from a home where the language usually spoken is other than English, or
usually speaks a language other than English; and

(2) the pupil is determined by a valid assessment measuring the pupil's English
language proficiency and by developmentally appropriate measures, which might include
observations, teacher judgment, parent recommendations, or developmentally appropriate
assessment instruments, to lack the necessary English skills to participate fully in
academic classes taught in English.

(b) A pupil enrolled in a Minnesota public school in any grade 4 through 12 who in
the previous school year took a commissioner-provided assessment measuring the pupil's
emerging academic English, shall be counted as an English learner in calculating English
learner pupil units under section 126C.05, subdivision 17, and shall generate state English
learner aid under section 124D.65, subdivision 5, if the pupil scored below the state cutoff
score or is otherwise counted as a nonproficient participant on the assessment measuring
the pupil's emerging academic English, or, in the judgment of the pupil's classroom
teachers, consistent with section 124D.61, clause (1), the pupil is unable to demonstrate
academic language proficiency in English, including oral academic language, sufficient to
successfully and fully participate in the general core curriculum in the regular classroom.

(c) Notwithstanding paragraphs (a) and (b), a pupil in kindergarten through grade
12 shall not be counted as an English learner in calculating English learner pupil units
under section 126C.05, subdivision 17, and shall not generate state English learner aid
under section 124D.65, subdivision 5, if:

(1) the pupil is not enrolled during the current fiscal year in an educational program
for English learners under sections 124D.58 to 124D.64; or

(2) the pupil has generated seven or more years of average daily membership in
Minnesota public schools since July 1, 1996.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2018.
new text end

Sec. 8.

Minnesota Statutes 2015 Supplement, section 124E.11, is amended to read:

124E.11 ADMISSION REQUIREMENTS AND ENROLLMENT.

(a) A charter school may limit admission to:

(1) pupils within an age group or grade level;

(2) pupils who are eligible to participate in the graduation incentives program under
section 124D.68; or

(3) residents of a specific geographic area in which the school is located when the
majority of students served by the school are members of underserved populations.

(b) A charter school shall enroll an eligible pupil who submits a timely application,
unless the number of applications exceeds the capacity of a program, class, grade level, or
building. In this case, pupils must be accepted by lot. The charter school must develop
and publish, including on its Web site, a lottery policy and process that it must use when
accepting pupils by lot.

(c) A charter school shall give enrollment preference to a sibling of an enrolled
pupil and to a foster child of that pupil's parents and may give preference for enrolling
children of the school's staff before accepting other pupils by lot. A charter school that
is located in Duluth township in St. Louis County and admits students in kindergarten
through grade 6 must give enrollment preference to students residing within a five-mile
radius of the school and to the siblings of enrolled children. new text begin If new text end a new text begin charter school has a
preschool or prekindergarten program under section 124E.06, subdivision 3, paragraph
(a), that is free to all participants, the new text end charter school may give enrollment preference to
children currently enrolled in the school's free preschool or prekindergarten program under
section 124E.06, subdivision 3, paragraph (a), who are eligible to enroll in kindergarten
in the next school year.

(d) A person shall not be admitted to a charter school (1) as a kindergarten pupil,
unless the pupil is at least five years of age on September 1 of the calendar year in which
the school year for which the pupil seeks admission commences; or (2) as a first grade
student, unless the pupil is at least six years of age on September 1 of the calendar year in
which the school year for which the pupil seeks admission commences or has completed
kindergarten; except that a charter school may establish and publish on its Web site a
policy for admission of selected pupils at an earlier age, consistent with the enrollment
process in paragraphs (b) and (c).

(e) Except as permitted in paragraph (d), a charter school may not limit admission
to pupils on the basis of intellectual ability, measures of achievement or aptitude, or
athletic ability and may not establish any criteria or requirements for admission that are
inconsistent with this section.

(f) The charter school shall not distribute any services or goods of value to students,
parents, or guardians as an inducement, term, or condition of enrolling a student in a
charter school.

(g) Once a student is enrolled in the school, the student is considered enrolled in the
school until the student formally withdraws or is expelled under the Pupil Fair Dismissal
Act in sections 121A.40 to 121A.56. A charter school is subject to and must comply with
the Pupil Fair Dismissal Act, sections 121A.40 to 121A.56.

(h) A charter school with at least 90 percent of enrolled students who are eligible
for special education services and have a primary disability of deaf or hard-of-hearing
may enroll prekindergarten pupils with a disability under section 126C.05, subdivision 1,
paragraph (a), and must comply with the federal Individuals with Disabilities Education Act
under Code of Federal Regulations, title 34, section 300.324, subsection (2), clause (iv).

Sec. 9.

Minnesota Statutes 2015 Supplement, section 126C.05, subdivision 1, is
amended to read:

Subdivision 1.

Pupil unit.

Pupil units for each Minnesota resident pupil under the
age of 21 or who meets the requirements of section 120A.20, subdivision 1, paragraph
(c), in average daily membership enrolled in the district of residence, in another district
under sections 123A.05 to 123A.08, 124D.03, 124D.08, or 124D.68; in a charter school
under chapter 124E; or for whom the resident district pays tuition under section 123A.18,
123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88, subdivision 4, 124D.04,
124D.05, 125A.03 to 125A.24, 125A.51, or 125A.65, shall be counted according to this
subdivision.

(a) A prekindergarten pupil with a disability who is enrolled in a program approved
by the commissioner and has an individualized education program is counted as the ratio
of the number of hours of assessment and education service to 825 times 1.0 with a
minimum average daily membership of 0.28, but not more than 1.0 pupil unit.

(b) A prekindergarten pupil who is assessed but determined not to be disabled is
counted as the ratio of the number of hours of assessment service to 825 times 1.0.

(c) A kindergarten pupil with a disability who is enrolled in a program approved
by the commissioner is counted as the ratio of the number of hours of assessment and
education services required in the fiscal year by the pupil's individualized education
program to 875, but not more than one.

new text begin (d) A prekindergarten pupil who is not included in paragraph (a) or (b) is counted as
0.6 pupil unit if the pupil is enrolled in a free prekindergarten program available to all
prekindergarten pupils at the pupil's school that meets the minimum hours requirement in
section 120A.41 and the requirements in section 124D.171.
new text end

deleted text begin (d) deleted text end new text begin (e) new text end A kindergarten pupil who is not included in paragraph (c) is counted as 1.0
pupil unit if the pupil is enrolled in a free all-day, every day kindergarten program available
to all kindergarten pupils at the pupil's school that meets the minimum hours requirement in
section 120A.41, or is counted as .55 pupil unit, if the pupil is not enrolled in a free all-day,
every day kindergarten program available to all kindergarten pupils at the pupil's school.

deleted text begin (e) deleted text end new text begin (f) new text end A pupil who is in any of grades 1 to 6 is counted as 1.0 pupil unit.

deleted text begin (f) deleted text end new text begin (g) new text end A pupil who is in any of grades 7 to 12 is counted as 1.2 pupil units.

deleted text begin (g) deleted text end new text begin (h) new text end A pupil who is in the postsecondary enrollment options program is counted
as 1.2 pupil units.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2018
and later.
new text end

Sec. 10.

Minnesota Statutes 2014, section 126C.10, subdivision 2d, is amended to read:

Subd. 2d.

Declining enrollment revenue.

(a) A school district's declining
enrollment revenue equals the greater of zero or the product of: (1) 28 percent of the
formula allowance for that year and (2) the difference between the adjusted pupil units for
the preceding year and the adjusted pupil units for the current year.

(b) Notwithstanding paragraph (a), for fiscal years 2015, 2016, and 2017 only, a pupil
enrolled at the Crosswinds school shall not generate declining enrollment revenue for the
district or charter school in which the pupil was last counted in average daily membership.

new text begin (c) Notwithstanding paragraph (a), for fiscal years 2018, 2019, and 2020 only,
prekindergarten pupil units under section 126C.05, subdivision 1, paragraph (d), must be
excluded from the calculation of declining enrollment revenue.
new text end