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Minnesota Legislature

Office of the Revisor of Statutes

SF 688

as introduced - 91st Legislature (2019 - 2020) Posted on 01/31/2019 03:19pm

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

Current Version - as introduced

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A bill for an act
relating to student health; providing for school staff and program development;
requiring an intermediate school district program evaluation; providing for
additional supports for students attending alternative learning centers in intermediate
districts; appropriating money; amending Minnesota Statutes 2018, sections
123A.05, by adding a subdivision; 127A.47, subdivision 7; 245.4889, subdivision
1; proposing coding for new law in Minnesota Statutes, chapter 122A.

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

Section 1.

new text begin [122A.76] STAFF DEVELOPMENT AID FOR INTERMEDIATE SCHOOL
DISTRICTS AND OTHER COOPERATIVE UNITS.
new text end

new text begin (a) For fiscal year 2020 and later, an intermediate school district or other cooperative
unit providing instruction to students in federal instructional settings of level 4 or higher
qualifies for staff development aid equal to $....... times the full-time equivalent number of
licensed instructional staff and nonlicensed classroom aides employed by or assigned to the
intermediate school district or other cooperative unit during the previous fiscal year.
new text end

new text begin (b) Staff development aid under this section must be used for activities related to
enhancing services to students who may exhibit challenging behaviors or mental health
issues or be suffering from trauma. Specific qualifying staff development activities include
but are not limited to:
new text end

new text begin (1) proactive behavior management;
new text end

new text begin (2) personal safety training;
new text end

new text begin (3) de-escalation techniques;
new text end

new text begin (4) adaptation of published curriculum and pedagogy for students with complex learning
and behavioral needs; and
new text end

new text begin (5) training and consultation for member districts.
new text end

new text begin (c) Aid under this section must be reserved and spent only on the activities specified in
this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end

Sec. 2.

Minnesota Statutes 2018, section 123A.05, is amended by adding a subdivision to
read:


new text begin Subd. 2a. new text end

new text begin Additional revenue. new text end

new text begin Additional revenue for a state-approved alternative
program operated by an intermediate school district, education district, service cooperative,
or other joint powers entity equals the number of pupil units attending the state-approved
alternative program times the sum of the average referendum revenue and local optional
revenue per pupil unit for the member districts of that cooperative unit.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2020 and later.
new text end

Sec. 3.

Minnesota Statutes 2018, section 127A.47, subdivision 7, is amended to read:


Subd. 7.

Alternative attendance programs.

(a) The general education aid and special
education aid for districts must be adjusted for each pupil attending a nonresident district
under sections 123A.05 to 123A.08, 124D.03, 124D.08, and 124D.68. The adjustments
must be made according to this subdivision.

(b) For purposes of this subdivision, the "unreimbursed cost of providing special
education and services" means the difference between: (1) the actual cost of providing
special instruction and services, including special transportation and unreimbursed building
lease and debt service costs for facilities used primarily for special education, for a pupil
with a disability, as defined in section 125A.02, or a pupil, as defined in section 125A.51,
who is enrolled in a program listed in this subdivision, minus (2) if the pupil receives special
instruction and services outside the regular classroom for more than 60 percent of the school
day, the amount of general education revenue, excluding local optional revenue, plus local
optional aid and referendum equalization aid as defined in section 125A.11, subdivision 1,
paragraph (d), attributable to that pupil for the portion of time the pupil receives special
instruction and services outside of the regular classroom, excluding portions attributable to
district and school administration, district support services, operations and maintenance,
capital expenditures, and pupil transportation, minus (3) special education aid under section
125A.76 attributable to that pupil, that is received by the district providing special instruction
and services. For purposes of this paragraph, general education revenue and referendum
equalization aid attributable to a pupil must be calculated using the serving district's average
general education revenue and referendum equalization aid per adjusted pupil unit.

(c) For fiscal year 2015 and later, special education aid paid to a resident district must
be reduced by an amount equal to 90 percent of the unreimbursed cost of providing special
education and services.

(d) Notwithstanding paragraph (c), special education aid paid to a resident district must
be reduced by an amount equal to 100 percent of the unreimbursed cost of special education
and services provided to students at an intermediate district, cooperative, or charter school
where the percent of students eligible for special education services is at least 70 percent
of the charter school's total enrollment.

(e) Notwithstanding paragraph (c), special education aid paid to a resident district must
be reduced under paragraph (d) for students at a charter school receiving special education
aid under section 124E.21, subdivision 3, calculated as if the charter school received special
education aid under section 124E.21, subdivision 1.

(f) Special education aid paid to the district or cooperative providing special instruction
and services for the pupil, or to the fiscal agent district for a cooperative, must be increased
by the amount of the reduction in the aid paid to the resident district under paragraphs (c)
and (d). If the resident district's special education aid is insufficient to make the full
adjustment under paragraphs (c), (d), and (e), the remaining adjustment shall be made to
other state aids due to the district.

(g) Notwithstanding paragraph (a), general education aid paid to the resident district of
a nonspecial education student for whom an eligible special education charter school receives
general education aid under section 124E.20, subdivision 1, paragraph (c), must be reduced
by an amount equal to the difference between the general education aid attributable to the
student under section 124E.20, subdivision 1, paragraph (c), and the general education aid
that the student would have generated for the charter school under section 124E.20,
subdivision 1
, paragraph (a). For purposes of this paragraph, "nonspecial education student"
means a student who does not meet the definition of pupil with a disability as defined in
section 125A.02 or the definition of a pupil in section 125A.51.

(h) An area learning center operated by a service cooperative, intermediate district,
education district, or a joint powers cooperative may elect through the action of the
constituent boards to charge the resident district tuition for pupils rather than to have the
general education revenue paid to a fiscal agent school district. Except as provided in
paragraph (f), the district of residence must pay tuition equal to at least 90 and no more than
100 percent of the district average general education revenue per pupil unit minus an amount
equal to the product of the formula allowance according to section 126C.10, subdivision 2,
times .0466, calculated without compensatory revenue, local optional revenue, and
transportation sparsity revenue, times the number of pupil units for pupils attending the area
learning center.

new text begin (i) Notwithstanding section 123A.26, additional revenue under section 123A.05,
subdivision 2a, must be paid by the Department of Education directly to the intermediate
school district, education district, service cooperative, or other joint powers entity that
operates the state-approved alternative program under this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2020 and later.
new text end

Sec. 4.

Minnesota Statutes 2018, section 245.4889, subdivision 1, is amended to read:


Subdivision 1.

Establishment and authority.

(a) The commissioner is authorized to
make grants from available appropriations to assist:

(1) counties;

(2) Indian tribes;

(3) children's collaboratives under section 124D.23 or 245.493; deleted text beginor
deleted text end

(4) mental health service providersdeleted text begin.deleted text endnew text begin; or
new text end

new text begin (5) intermediate school districts or other cooperative units providing instruction students
in federal instructional settings of level 4 or higher.
new text end

(b) The following services are eligible for grants under this section:

(1) services to children with emotional disturbances as defined in section 245.4871,
subdivision 15, and their families;

(2) transition services under section 245.4875, subdivision 8, for young adults under
age 21 and their families;

(3) respite care services for children with severe emotional disturbances who are at risk
of out-of-home placement;

(4) children's mental health crisis services;

(5) mental health services for people from cultural and ethnic minorities;

(6) children's mental health screening and follow-up diagnostic assessment and treatment;

(7) services to promote and develop the capacity of providers to use evidence-based
practices in providing children's mental health services;

(8) school-linked mental health services, including transportation for children receiving
school-linked mental health services when school is not in session;

(9) building evidence-based mental health intervention capacity for children birth to age
five;

(10) suicide prevention and counseling services that use text messaging statewide;

(11) mental health first aid training;

(12) training for parents, collaborative partners, and mental health providers on the
impact of adverse childhood experiences and trauma and development of an interactive
website to share information and strategies to promote resilience and prevent trauma;

(13) transition age services to develop or expand mental health treatment and supports
for adolescents and young adults 26 years of age or younger;

(14) early childhood mental health consultation;

(15) evidence-based interventions for youth at risk of developing or experiencing a first
episode of psychosis, and a public awareness campaign on the signs and symptoms of
psychosis;

(16) psychiatric consultation for primary care practitioners; and

(17) providers to begin operations and meet program requirements when establishing a
new children's mental health program. These may be start-up grants.

(c) Services under paragraph (b) must be designed to help each child to function and
remain with the child's family in the community and delivered consistent with the child's
treatment plan. Transition services to eligible young adults under this paragraph must be
designed to foster independent living in the community.

new text begin (d) Notwithstanding paragraph (b), an intermediate school district or other cooperative
unit that receives a grant under this section must use grant funding only for services under
paragraph (b), clause (8).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end

Sec. 5. new text beginAPPROPRIATION; COMMISSIONER OF HUMAN SERVICES.
new text end

new text begin $....... in fiscal year 2020 and later is appropriated from the general fund to the
commissioner of human services for grants to intermediate school districts or other
cooperative units under Minnesota Statutes, section 245.4889. The maximum grant amount
for an intermediate school district or other cooperative unit equals $....... times the sum of
the adjusted pupil units in the intermediate school district's or other cooperative unit's
member school districts. This appropriation is in addition to any other amounts appropriated
for the same purpose.
new text end

Sec. 6. new text beginAPPROPRIATIONS.
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 in this section are appropriated
from the general fund to the Department of Education for the fiscal years designated.
new text end

new text begin Subd. 2. new text end

new text begin Staff development aid for cooperative units. new text end

new text begin For payment of staff development
aid to intermediate school districts and other cooperative units providing instruction to
students in federal instructional settings of level 4 or higher under Minnesota Statutes,
section 122A.76:
new text end

new text begin $
new text end
new text begin .......
new text end
new text begin .....
new text end
new text begin 2020
new text end
new text begin $
new text end
new text begin .......
new text end
new text begin .....
new text end
new text begin 2021
new text end

new text begin This appropriation is available until June 30, 2021.
new text end

new text begin Subd. 3. new text end

new text begin Intermediate school district program accountability study. new text end

new text begin For a longitudinal
program accountability study of intermediate district and cooperative unit supports and
services for students with severe mental and behavioral health needs:
new text end

new text begin $
new text end
new text begin .......
new text end
new text begin .....
new text end
new text begin 2021
new text end

new text begin This is a onetime appropriation and is available until ....
new text end

new text begin Subd. 4. new text end

new text begin Additional revenue for state-approved alternative programs. new text end

new text begin For additional
revenue for state-approved alternative programs under Minnesota Statutes, section 123A.05,
subdivision 2a:
new text end

new text begin $
new text end
new text begin .......
new text end
new text begin .....
new text end
new text begin 2020
new text end
new text begin $
new text end
new text begin .......
new text end
new text begin .....
new text end
new text begin 2021
new text end