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Minnesota Legislature

Office of the Revisor of Statutes

SF 652

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

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; increasing and restoring funding for special education
programs; amending Minnesota Statutes 2006, sections 125A.76, subdivisions 2,
5; 125A.79, subdivision 7; repealing Minnesota Statutes 2006, sections 125A.76,
subdivision 4; 125A.79, subdivision 6.

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

Section 1.

Minnesota Statutes 2006, section 125A.76, subdivision 2, is amended to
read:


Subd. 2.

Special education base revenue.

(a) The special education base revenue
equals the sum of the following amounts computed using base year data:

(1) deleted text begin68deleted text endnew text begin 75new text end percent of the salary of each essential person employed in the district's
program for children with a disability during the fiscal year, whether the person is
employed by one or more districts or a Minnesota correctional facility operating on a
fee-for-service basis;

(2) for the Minnesota State Academy for the Deaf or the Minnesota State Academy
for the Blind, deleted text begin68deleted text endnew text begin 75new text end percent of the salary of each instructional aide assigned to a child
attending the academy, if that aide is required by the child's individual education plan;

(3) for special instruction and services provided to any pupil by contracting with
public, private, or voluntary agencies other than school districts, in place of special
instruction and services provided by the district, 52 percent of the difference between the
amount of the contract and the amount of the basic revenue, as defined in section 126C.10,
subdivision 2
, special education aid, and any other aid earned on behalf of the child for the
fraction of the school day the pupil receives services under the contract;

(4) for special instruction and services provided to any pupil by contracting for
services with public, private, or voluntary agencies other than school districts, that are
supplementary to a full educational program provided by the school district, 52 percent of
the amount of the contract for that pupil;

(5) for supplies and equipment purchased or rented for use in the instruction of
children with a disability, an amount equal to 47 percent of the sum actually expended by
the district, or a Minnesota correctional facility operating on a fee-for-service basis, but
not to exceed an average of $47 in any one school year for each child with a disability
receiving instruction;

(6) for fiscal years 1997 and later, special education base revenue shall include
amounts under clauses (1) to (5) for special education summer programs provided during
the base year for that fiscal year; and

(7) for fiscal years 1999 and later, the cost of providing transportation services for
children with disabilities under section 123B.92, subdivision 1, paragraph (b), clause (4).

The department shall establish procedures through the uniform financial accounting
and reporting system to identify and track all revenues generated from third-party billings
as special education revenue at the school district level; include revenue generated from
third-party billings as special education revenue in the annual cross-subsidy report; and
exclude third-party revenue from calculation of excess cost aid to the districts.

(b) If requested by a school district operating a special education program during
the base year for less than the full fiscal year, or a school district in which is located a
Minnesota correctional facility operating on a fee-for-service basis for less than the full
fiscal year, the commissioner may adjust the base revenue to reflect the expenditures
that would have occurred during the base year had the program been operated for the
full fiscal year.

(c) Notwithstanding paragraphs (a) and (b), the portion of a school district's base
revenue attributable to a Minnesota correctional facility operating on a fee-for-service
basis during the facility's first year of operating on a fee-for-service basis shall be
computed using current year data.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2008.
new text end

Sec. 2.

Minnesota Statutes 2006, section 125A.76, subdivision 5, is amended to read:


Subd. 5.

School district special education aid.

(a) A school district's special
education aid deleted text beginfor fiscal year 2000 and laterdeleted text end equals the deleted text beginstate total special education aid,
minus the amount determined under paragraphs (b) and (c), times the ratio of the
deleted text end district's
adjusted special education base revenue deleted text beginto the state total adjusted special education base
revenue
deleted text end. If the commissioner of education modifies its rules for special education in a
manner that increases a district's special education obligations or service requirements,
the commissioner shall annually increase each district's special education aid by the
amount necessary to compensate for the increased service requirements. The additional
aid equals the cost in the current year attributable to rule changes not reflected in the
computation of special education base revenue, multiplied by the appropriate percentages
from subdivision 2.

(b) Notwithstanding paragraph (a), if the special education base revenue for a
district equals zero, the special education aid equals the amount computed according
to subdivision 2 using current year data.

(c) Notwithstanding paragraphs (a) and (b), if the special education base revenue for
a district is greater than zero, and the base year amount for the district under subdivision
2, paragraph (a), clause (7), equals zero, the special education aid equals the sum of the
amount computed according to paragraph (a), plus the amount computed according to
subdivision 2, paragraph (a), clause (7), using current year data.

(d) A charter school under section 124D.10 shall generate state special education
aid based on current year expenditures for its first four years of operation and only in its
fifth and later years shall paragraphs (a), (b), and (c) apply.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2008.
new text end

Sec. 3.

Minnesota Statutes 2006, section 125A.79, subdivision 7, is amended to read:


Subd. 7.

District special education excess cost aid.

A district's special education
excess cost aid deleted text beginfor fiscal year 2002 and laterdeleted text end equals deleted text beginthe state total special education excess
cost aid times the ratio of
deleted text end the district's initial excess cost aid deleted text beginto the state total initial excess
cost aid
deleted text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2008.
new text end

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, sections 125A.76, subdivision 4; and 125A.79, subdivision
6,
new text end new text begin are repealed effective for revenue for fiscal year 2008.
new text end