1.1                          A bill for an act
  1.2             relating to education; allowing certain limited 
  1.3             English proficiency pupils to receive limited English 
  1.4             proficiency programs and instruction for up to seven 
  1.5             years; amending Minnesota Statutes 2003 Supplement, 
  1.6             sections 124D.59, subdivision 2; 124D.65, subdivision 
  1.7             5. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.10  124D.59, subdivision 2, is amended to read: 
  1.11     Subd. 2.  [PUPIL OF LIMITED ENGLISH PROFICIENCY.] (a) 
  1.12  "Pupil of limited English proficiency" means a pupil in 
  1.13  kindergarten through grade 12 who meets the following 
  1.14  requirements: 
  1.15     (1) the pupil, as declared by a parent or guardian first 
  1.16  learned a language other than English, comes from a home where 
  1.17  the language usually spoken is other than English, or usually 
  1.18  speaks a language other than English; and 
  1.19     (2) the pupil is determined by developmentally appropriate 
  1.20  measures, which might include observations, teacher judgment, 
  1.21  parent recommendations, or developmentally appropriate 
  1.22  assessment instruments, to lack the necessary English skills to 
  1.23  participate fully in classes taught in English. 
  1.24     (b) Notwithstanding paragraph (a), a pupil in grades 4 
  1.25  through 12 who was enrolled in a Minnesota public school on the 
  1.26  dates during the previous school year when a commissioner 
  2.1   provided assessment that measures the pupil's emerging academic 
  2.2   English was administered, shall not be counted as a pupil of 
  2.3   limited English proficiency in calculating limited English 
  2.4   proficiency pupil units under section 126C.05, subdivision 17, 
  2.5   and shall not generate state limited English proficiency aid 
  2.6   under section 124D.65, subdivision 5, unless the pupil scored 
  2.7   below the state cutoff score on an assessment measuring emerging 
  2.8   academic English provided by the commissioner during the 
  2.9   previous school year or satisfies paragraph (d). 
  2.10     (c) Notwithstanding paragraphs (a) and (b), a pupil in 
  2.11  kindergarten through grade 12 shall not be counted as a pupil of 
  2.12  limited English proficiency in calculating limited English 
  2.13  proficiency pupil units under section 126C.05, subdivision 17, 
  2.14  and shall not generate state limited English proficiency aid 
  2.15  under section 124D.65, subdivision 5, if the pupil: 
  2.16     (1) ~~the pupil~~ is not enrolled during the current fiscal 
  2.17  year in an educational program for pupils of limited English 
  2.18  proficiency in accordance with sections 124D.58 to 124D.64; or 
  2.19     (2) ~~the pupil~~ does not qualify under paragraph (d) and has 
  2.20  generated five or more years of average daily membership in 
  2.21  Minnesota public schools since July 1, 1996, or qualifies under 
  2.22  paragraph (d) and has generated seven years of average daily 
  2.23  membership in Minnesota public schools. 
  2.24     (d) A pupil in grades 4 through 12 under this section is 
  2.25  counted as a pupil of limited English proficiency in calculating 
  2.26  limited English proficiency pupil units under section 126C.05, 
  2.27  subdivision 17, and generates state limited English proficiency 
  2.28  aid under section 124D.65, subdivision 5, if the pupil: 
  2.29     (1) enrolls in a Minnesota public school beginning in any 
  2.30  grade 4 through 12 and does not have any previous school 
  2.31  experience or is determined by the enrolling school not to be 
  2.32  literate in any language; 
  2.33     (2) demonstrates adequate yearly progress on a statewide 
  2.34  assessment measuring emerging academic English but does not 
  2.35  demonstrate English proficiency on the assessment within five 
  2.36  school years; or 
  3.1      (3) fails to make adequate yearly progress on the Minnesota 
  3.2   comprehensive assessment in reading for five consecutive school 
  3.3   years. 
  3.4      <b>[EFFECTIVE DATE.]</b> This section applies to the 2004-2005 
  3.5   school year. 
  3.6      Sec. 2.  Minnesota Statutes 2003 Supplement, section 
  3.7   124D.65, subdivision 5, is amended to read: 
  3.8      Subd. 5.  [SCHOOL DISTRICT LEP REVENUE.] (a) A district's 
  3.9   limited English proficiency programs revenue equals the product 
  3.10  of (1) $700 in fiscal year 2004 and later times (2) the greater 
  3.11  of 20 or the adjusted marginal cost average daily membership of 
  3.12  eligible pupils of limited English proficiency enrolled in the 
  3.13  district during the current fiscal year. 
  3.14     (b) A pupil ceases to generate state limited English 
  3.15  proficiency aid in the school year following the school year in 
  3.16  which the pupil attains the state cutoff score on a 
  3.17  commissioner-provided assessment that measures the pupil's 
  3.18  emerging academic English unless section 124D.59, subdivision 2, 
  3.19  paragraph (d), applies, in which case a pupil ceases to generate 
  3.20  state limited English proficiency aid in the school year 
  3.21  following the school year in which the pupil has generated seven 
  3.22  years of average daily membership in Minnesota public schools. 
  3.23     <b>[EFFECTIVE DATE.]</b> This section applies to the 2004-2005 
  3.24  school year.