1.1                          A bill for an act 
  1.2             relating to education; establishing a program to 
  1.3             expand the economic freedom of lower-income students 
  1.4             to select their schools of attendance; appropriating 
  1.5             money; amending Minnesota Statutes 1994, section 
  1.6             124A.032; proposing coding for new law in Minnesota 
  1.7             Statutes, chapter 124A. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1994, section 124A.032, is 
  1.10  amended to read: 
  1.11     124A.032 [ANNUAL FOUNDATION OR GENERAL EDUCATION AID 
  1.12  APPROPRIATION.] 
  1.13     There is annually appropriated from the general fund to the 
  1.14  department of education the amount necessary for general 
  1.15  education aid and educational certificate aid.  This amount 
  1.16  shall be reduced by the amount of any money specifically 
  1.17  appropriated for the same purpose in any year from any state 
  1.18  fund. 
  1.19     Sec. 2.  [124A.50] [CITATION.] 
  1.20     Sections 124A.50 to 124A.54 may be cited as the "Minnesota 
  1.21  educational certificate aid act of 1995." 
  1.22     Sec. 3.  [124A.51] [PURPOSE.] 
  1.23     The purposes of the Minnesota educational certificate aid 
  1.24  act of 1995 are the following: 
  1.25     (1) to provide lower-income students with the economic 
  1.26  freedom of choice in education which is available to 
  2.1   upper-income students and thereby encourage greater 
  2.2   socioeconomic integration; 
  2.3      (2) to ensure that a child's right to an education under 
  2.4   the state constitution is met while enabling parents to exercise 
  2.5   more fully their fundamental right to direct the upbringing and 
  2.6   education of their children; 
  2.7      (3) to encourage greater parental involvement in education 
  2.8   by increasing family commitment to the school of choice and by 
  2.9   enhancing relationships between school officials and parents; 
  2.10     (4) to make alternative learning environments readily 
  2.11  available to lower-income students and to improve the quality of 
  2.12  education offered to students; 
  2.13     (5) to recognize the success of Minnesota's existing school 
  2.14  choice programs and to further broaden educational options; and 
  2.15     (6) to accommodate the increasing numbers of school-age 
  2.16  children in a cost-efficient manner by making greater use of 
  2.17  existing school facilities and resources.  
  2.18     Sec. 4.  [124A.52] [EDUCATIONAL CERTIFICATE AID PROGRAM.] 
  2.19     Subdivision 1.  [ELIGIBLE PUPIL.] A pupil is eligible to 
  2.20  participate in the educational certificate aid program if: 
  2.21     (1) the household income of the pupil's parent or guardian 
  2.22  is at or below 185 percent of the federal poverty guidelines; 
  2.23     (2) the pupil resided in the state of Minnesota during the 
  2.24  12 months prior to participation; and 
  2.25     (3) the pupil was not enrolled in a nonpublic school during 
  2.26  the 12 months prior to the first year of participation. 
  2.27     Subd. 2.  [ELIGIBLE SCHOOL.] A school is eligible to 
  2.28  participate in the educational certificate aid program if it 
  2.29  meets the following requirements: 
  2.30     (1) the school is accredited by an accrediting agency 
  2.31  recognized according to section 123.935, subdivision 7; and 
  2.32     (2) school tuition and fees are no greater for students who 
  2.33  participate in the educational certificate aid program than for 
  2.34  students who do not participate. 
  2.35     Sec. 5.  [124A.53] [EDUCATIONAL CERTIFICATE AID.] 
  2.36     Subdivision 1.  [PAYMENT.] (a) For each eligible pupil 
  3.1   attending an eligible elementary or secondary school, the 
  3.2   department shall pay an amount equal to 80 percent of the 
  3.3   general education revenue formula allowance or the actual amount 
  3.4   of tuition, whichever is less, except that in the case of a 
  3.5   child enrolled in a kindergarten program the amount shall be 40 
  3.6   percent of the general education revenue formula allowance or 
  3.7   the actual amount of tuition, whichever is less.  The amount 
  3.8   shall be prorated if the student is enrolled for fewer than the 
  3.9   number of instructional days specified in section 120.101, 
  3.10  subdivision 5b.  The educational certificate shall be sent to 
  3.11  the parent or guardian. 
  3.12     (b) Upon request of a resident pupil who is disabled under 
  3.13  section 120.03, a district shall negotiate and may contract with 
  3.14  an eligible school under section 124A.52, subdivision 2, for 
  3.15  nonsectarian special instruction and services. 
  3.16     Subd. 2.  [OTHER AIDS.] A school district may include an 
  3.17  eligible pupil receiving aid under this section in its total 
  3.18  pupil count for purposes of otherwise applicable school revenue 
  3.19  programs provided that the pupil resides within the district.  
  3.20  The commissioner shall reduce the amount of state aids to which 
  3.21  a district is entitled by the amount of educational certificate 
  3.22  aid disbursed on behalf of pupils residing within the district.  
  3.23     Sec. 6.  [124A.54] [IMPLEMENTATION GUIDELINES.] 
  3.24     The commissioner shall adopt guidelines necessary to 
  3.25  implement the Minnesota educational certificate aid act of 
  3.26  1995.  The guidelines must be adopted with the advice and 
  3.27  consent of the council established under section 123.935, 
  3.28  subdivision 7.  The guidelines must include:  (1) provisions for 
  3.29  the dates of timely and regular payments under section 124A.53; 
  3.30  (2) the manner of payments, which shall be in the form of a 
  3.31  certificate redeemable upon presentation to the department of 
  3.32  education by an eligible school for services provided; (3) a 
  3.33  process for verification of student eligibility before payment 
  3.34  of educational certificate aid; and (4) the pupil application 
  3.35  form and submission process.  The department, every 
  3.36  participating school, and every public school must make 
  4.1   available information and application forms for student 
  4.2   participation in the educational certificate aid program. 
  4.3      Sec. 7.  [APPROPRIATION.] 
  4.4      $....... is appropriated from the general fund for the 
  4.5   biennium ending June 30, 1997, to the commissioner of education 
  4.6   for grants to nonprofit community service organizations to 
  4.7   increase knowledge of educational certificate aid availability 
  4.8   and to facilitate informed decision making by parents and 
  4.9   eligible students.