HF 3543

as introduced - 89th Legislature (2015 - 2016) Posted on 03/23/2016 11:19am

A bill for an act
relating to education; clarifying the commissioner of education's authority
to adopt desegregation and integration rules for Minnesota's public schools;
defining eligible districts in statute; amending Minnesota Statutes 2014, sections
124D.861, subdivision 1, by adding a subdivision; 124D.896; repealing
Minnesota Rules, part 3535.0110, subparts 6, 7, 8.

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

Section 1.

Minnesota Statutes 2014, section 124D.861, subdivision 1, is amended to
read:

Subdivision 1.

Program to close the academic achievement and opportunity gap;
revenue uses.

(a) The "Achievement and Integration for Minnesota" program is established
to pursue racial and economic integration and increase student academic achievement,
create equitable educational opportunities, and reduce academic disparities based on
students' diverse racial, ethnic, and economic backgrounds in Minnesota public schools.

(b) For purposes of this section and section 124D.862, "eligible district" deleted text begin means a
district required to submit a plan to the commissioner under Minnesota Rules governing
school desegregation and integration, or be a member of a multidistrict integration
collaborative that files a plan with the commissioner deleted text end new text begin has the meaning given in subdivision
1a new text end .

(c) Eligible districts must use the revenue under section 124D.862 to pursue
academic achievement and racial and economic integration through: (1) integrated
learning environments that prepare all students to be effective citizens and enhance
social cohesion; (2) policies and curricula and trained instructors, administrators, school
counselors, and other advocates to support and enhance integrated learning environments
under this section, including through magnet schools, innovative, research-based
instruction, differentiated instruction, and targeted interventions to improve achievement;
and (3) rigorous career and college readiness programs for underserved student
populations, consistent with section 120B.30, subdivision 1; integrated learning
environments to increase student academic achievement; cultural fluency, competency,
and interaction; graduation and educational attainment rates; and parent involvement.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2014, section 124D.861, is amended by adding a
subdivision to read:

new text begin Subd. 1a. new text end

new text begin Definitions. new text end

new text begin (a) "Racially identifiable school within a district" means a
school where the enrollment of protected students at the school within a district is more
than 20 percentage points above the enrollment of protected students in the entire district
for the grade levels served by that school.
new text end

new text begin (b) "Racially isolated school district" means a district where the districtwide
enrollment of protected students exceeds the enrollment of protected students of any
adjoining district by more than 20 percentage points.
new text end

new text begin (c) "School" means a site in a public school district serving any of kindergarten
through grade 12. For purposes of sections 124D.861 and 124D.862, school does not mean:
new text end

new text begin (1) a charter school under chapter 124E;
new text end

new text begin (2) an area learning center under section 123A.05;
new text end

new text begin (3) a public alternative program under section 126C.05, subdivision 15;
new text end

new text begin (4) a contracted alternative program under section 124D.69;
new text end

new text begin (5) a school site specifically designed to address limited English proficiency;
new text end

new text begin (6) a school site specifically designed to address the needs of students with an
individualized education program (IEP); or
new text end

new text begin (7) a secure or nonsecure treatment facility licensed by the Department of Human
Services or the Department of Corrections.
new text end

new text begin (d) "Eligible district" means a racially isolated independent, common, or special
school district and any adjoining independent, common, or special school district.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2014, section 124D.896, is amended to read:

124D.896 DESEGREGATION/INTEGRATION AND INCLUSIVE
EDUCATION RULES.

(a) The commissioner shall propose rules relating to desegregation/integration and
inclusive education, consistent with sections 124D.861 and 124D.862.

(b) In adopting a rule related to school desegregation/integration, the commissioner
shall address the need for equal educational opportunities for all students and racial
balance as defined by the commissioner.

new text begin (c) The commissioner must not adopt or enforce by rule a definition of "eligible
district" that expands or conflicts with the statutory definition of "eligible district."
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following enactment.
new text end

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

new text begin Minnesota Rules, part 3535.0110, subparts 6, 7, and 8, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end