1.1                          A bill for an act 
  1.2             relating to education; modifying the counting of 
  1.3             pupils; amending Minnesota Statutes 2000, section 
  1.4             126C.05, subdivisions 1, 2, 8, 10, 11, 12, 13, and 17; 
  1.5             repealing Minnesota Statutes 2000, section 126C.05, 
  1.6             subdivision 9. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 126C.05, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [PUPIL UNIT.] Pupil units for each 
  1.11  Minnesota resident pupil in average daily membership counted 
  1.12  according to subdivision 8 and enrolled in the district of 
  1.13  residence, in another district under sections 123A.05 to 
  1.14  123A.08, 124D.03, 124D.06, 124D.07, 124D.08, or 124D.68; in a 
  1.15  charter school under section 124D.10; or for whom the resident 
  1.16  district pays tuition under section 123A.18, 123A.22, 123A.30, 
  1.17  123A.32, 123A.44, 123A.488, 123B.88, subdivision 4, 124D.04, 
  1.18  124D.05, 125A.03 to 125A.24, 125A.51, or 125A.65, shall be 
  1.19  counted according to this subdivision.  
  1.20     (a) A prekindergarten pupil with a disability who is 
  1.21  enrolled in a program approved by the commissioner and has an 
  1.22  individual education plan is counted as the ratio of the number 
  1.23  of hours of assessment and education service to 825 times 1.25 
  1.24  with a minimum of 0.28, but not more than 1.25. 
  1.25     (b) A prekindergarten pupil who is assessed but determined 
  1.26  not to be handicapped is counted as the ratio of the number of 
  2.1   hours of assessment service to 825 times 1.25.  
  2.2      (c) A kindergarten pupil with a disability who is enrolled 
  2.3   in a program approved by the commissioner is counted as the 
  2.4   ratio of the number of hours of assessment and education 
  2.5   services required in the fiscal year by the pupil's individual 
  2.6   education program plan to 875, but not more than one. 
  2.7      (d) A kindergarten pupil who is not included in paragraph 
  2.8   (c) is counted as .557 of a pupil unit for fiscal year 2000 and 
  2.9   thereafter. 
  2.10     (e) A pupil who is in any of grades 1 to 3 is counted as 
  2.11  1.115 pupil units for fiscal year 2000 and thereafter. 
  2.12     (f) A pupil who is any of grades 4 to 6 is counted as 1.06 
  2.13  pupil units for fiscal year 1995 and thereafter. 
  2.14     (g) A pupil who is in any of grades 7 to 12 is counted as 
  2.15  1.3 pupil units.  
  2.16     (h) A pupil who is in the post-secondary enrollment options 
  2.17  program is counted as 1.3 pupil units.  
  2.18     Sec. 2.  Minnesota Statutes 2000, section 126C.05, 
  2.19  subdivision 2, is amended to read: 
  2.20     Subd. 2.  [FOREIGN EXCHANGE PUPILS.] Notwithstanding 
  2.21  section 124D.02, subdivision 3, or any other law to the 
  2.22  contrary, a foreign exchange pupil enrolled on the third Tuesday 
  2.23  in September in a district under a cultural exchange program may 
  2.24  be counted as a resident pupil for the purposes of this chapter 
  2.25  and chapters 120B, 122A, 123A, 123B, 124D, 125A, and 127A, even 
  2.26  if the pupil has graduated from high school or the equivalent. 
  2.27     Sec. 3.  Minnesota Statutes 2000, section 126C.05, 
  2.28  subdivision 8, is amended to read: 
  2.29     Subd. 8.  [AVERAGE DAILY MEMBERSHIP STUDENT ENROLLMENT 
  2.30  COUNT.] Membership Student enrollment count for pupils in grades 
  2.31  kindergarten through 12 and for prekindergarten pupils with 
  2.32  disabilities shall mean the number of pupils on the current roll 
  2.33  of the school, counted from the date of entry until 
  2.34  withdrawal on the third Tuesday in September each year.  A 
  2.35  student who receives educational services in more than one 
  2.36  school district shall be counted as a proportion of a pupil 
  3.1   equal to the proportion of the day that the student spends in 
  3.2   the district.  The date of withdrawal shall mean the day the 
  3.3   pupil permanently leaves the school or the date it is officially 
  3.4   known that the pupil has left or has been legally excused.  
  3.5   However, a pupil, regardless of age, who has been absent from 
  3.6   school for 15 consecutive school days during the regular school 
  3.7   year or for five consecutive school days during summer school or 
  3.8   intersession classes of flexible school year programs without 
  3.9   receiving instruction in the home or hospital shall be dropped 
  3.10  from the roll and classified as withdrawn.  Nothing in this 
  3.11  section shall be construed as waiving the compulsory attendance 
  3.12  provisions cited in section 120A.22.  Average daily membership 
  3.13  equals the sum for all pupils of the number of days of the 
  3.14  school year each pupil is enrolled in the district's schools 
  3.15  divided by the number of days the schools are in session.  Days 
  3.16  of summer school or intersession classes of flexible school year 
  3.17  programs are only included in the computation of membership for 
  3.18  pupils with a disability not appropriately served primarily in 
  3.19  the regular classroom. 
  3.20     Sec. 4.  Minnesota Statutes 2000, section 126C.05, 
  3.21  subdivision 10, is amended to read: 
  3.22     Subd. 10.  [NATIONAL GUARD PUPILS.] Notwithstanding 
  3.23  subdivision 8, pupils enrolled in the Minnesota National Guard 
  3.24  program who are absent from school on the student enrollment 
  3.25  count date, according to subdivision 8, for the purpose of 
  3.26  attending military active duty training pursuant to that 
  3.27  program, shall be construed to be in attendance, for purposes of 
  3.28  computing average daily membership, during any period of the 
  3.29  regular school year, but not to include summer school, during 
  3.30  which the pupil is attending military active duty training 
  3.31  pursuant to that program the student enrollment count.  During 
  3.32  that period of military active duty training, the pupil shall 
  3.33  earn all aid for the district of residence or attendance which 
  3.34  would be otherwise earned by the pupil's presence. 
  3.35     Sec. 5.  Minnesota Statutes 2000, section 126C.05, 
  3.36  subdivision 11, is amended to read: 
  4.1      Subd. 11.  [AVERAGE DAILY MEMBERSHIP STUDENT ENROLLMENT 
  4.2   COUNT; JUSTIFIABLE CAUSE; STRIKES EXCLUDED.] Notwithstanding 
  4.3   subdivision 8, in cases when school is in session but pupils are 
  4.4   prevented from attending for more than 15 consecutive school 
  4.5   days during the regular school year or five consecutive school 
  4.6   days during summer school or intersession classes of flexible 
  4.7   school year programs on the student enrollment count date, 
  4.8   according to subdivision 8, because of epidemic, calamity, 
  4.9   weather, fuel shortage, or other justifiable cause, the 
  4.10  commissioner, upon application, may allow the district to 
  4.11  continue to count these pupils in average daily membership on 
  4.12  the fourth Tuesday in September or a subsequent Tuesday, as 
  4.13  determined by the commissioner, for the purpose of establishing 
  4.14  the student enrollment count.  A lawful employees' strike is not 
  4.15  a justifiable cause for purposes of this subdivision. 
  4.16     Sec. 6.  Minnesota Statutes 2000, section 126C.05, 
  4.17  subdivision 12, is amended to read: 
  4.18     Subd. 12.  [AVERAGE DAILY MEMBERSHIP STUDENT ENROLLMENT 
  4.19  COUNT, PUPILS AGE 21 OR OVER.] The average daily membership 
  4.20  student enrollment count for pupils age 21 or over is equal to 
  4.21  the ratio of the number of yearly hours that the pupil is in 
  4.22  membership enrolled to the number of instructional hours in the 
  4.23  district's regular school year.  A pupil enrolled in the 
  4.24  graduation incentives program under section 124D.68, subdivision 
  4.25  2, paragraph (b), for more than the number of instructional 
  4.26  hours in the district's regular school year may be counted as 
  4.27  more than one pupil in average daily membership the student 
  4.28  enrollment count. 
  4.29     Sec. 7.  Minnesota Statutes 2000, section 126C.05, 
  4.30  subdivision 13, is amended to read: 
  4.31     Subd. 13.  [PSEO PUPILS.] The average daily membership 
  4.32  student enrollment count for a pupil participating in the 
  4.33  post-secondary enrollment options program equals the lesser of 
  4.34     (a) 1.00, or 
  4.35     (b) the greater of 
  4.36     (1) .12, or 
  5.1      (2) the ratio of (i) the sum of the number of instructional 
  5.2   hours the pupil is enrolled in the secondary school during 
  5.3   quarters, trimesters, or semesters during which the pupil 
  5.4   participates in PSEO, and hours enrolled in the secondary school 
  5.5   during the remainder of the school year, to (ii) the actual 
  5.6   number of instructional days in the school year times the length 
  5.7   of day in the school. 
  5.8      Sec. 8.  Minnesota Statutes 2000, section 126C.05, 
  5.9   subdivision 17, is amended to read: 
  5.10     Subd. 17.  [LEP PUPIL UNITS.] (a) Limited English 
  5.11  proficiency pupil units for fiscal year 1998 and thereafter 
  5.12  shall be determined according to this subdivision. 
  5.13     (b) The limited English proficiency concentration 
  5.14  percentage for a district equals the product of 100 times the 
  5.15  ratio of: 
  5.16     (1) the number of pupils of limited English proficiency 
  5.17  enrolled in the district during the current fiscal year on the 
  5.18  third Tuesday in September; to 
  5.19     (2) the number of pupils in average daily membership 
  5.20  enrolled in the district on the third Tuesday in September. 
  5.21     (c) The limited English proficiency pupil units for each 
  5.22  pupil enrolled in a program for pupils of limited English 
  5.23  proficiency in accordance with sections 124D.58 to 124D.64 
  5.24  equals the lesser of one or the quotient obtained by dividing 
  5.25  the limited English proficiency concentration percentage for the 
  5.26  pupil's district of enrollment by 11.5. 
  5.27     (d) Limited English proficiency pupil units shall be 
  5.28  counted by the district of enrollment. 
  5.29     (e) Notwithstanding paragraph (d), for the purposes of this 
  5.30  subdivision, pupils enrolled in a cooperative or intermediate 
  5.31  school district shall be counted by the district of residence. 
  5.32     Sec. 9.  [INSTRUCTION TO REVISOR.] 
  5.33     (a) The revisor of statutes shall change all "average daily 
  5.34  membership" statutory references to "student enrollment count" 
  5.35  wherever it appears in the next edition of Minnesota Statutes. 
  5.36     (b) The revisor of statutes shall change all "ADM" 
  6.1   statutory references to "SEC" wherever it appears in the next 
  6.2   edition of Minnesota Statutes. 
  6.3      (c) The revisor of statutes shall change all "weighted 
  6.4   average daily membership" statutory references to "weighted 
  6.5   student enrollment count" wherever it appears in the next 
  6.6   edition of Minnesota Statutes. 
  6.7      (d) The revisor of statutes shall change all "WADM" 
  6.8   statutory references to "WSEC" wherever it appears in the next 
  6.9   edition of Minnesota Statutes. 
  6.10     Sec. 10.  [REPEALER.] 
  6.11     Minnesota Statutes 2000, section 126C.05, subdivision 9, is 
  6.12  repealed.