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Minnesota Legislature

Office of the Revisor of Statutes

Chapter 126C

Section 126C.05

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126C.05 DEFINITION OF PUPIL UNITS.
    Subdivision 1. Pupil unit. Pupil units for each Minnesota resident pupil under the age of
21 or who meets the requirements of section 120A.20, subdivision 1, paragraph (c), in average
daily membership enrolled in the district of residence, in another district under sections 123A.05
to 123A.08, 124D.03, 124D.08, or 124D.68; in a charter school under section 124D.10; or for
whom the resident district pays tuition under section 123A.18, 123A.22, 123A.30, 123A.32,
123A.44, 123A.488, 123B.88, subdivision 4, 124D.04, 124D.05, 125A.03 to 125A.24, 125A.51,
or 125A.65, shall be counted according to this subdivision.
    (a) A prekindergarten pupil with a disability who is enrolled in a program approved by the
commissioner and has an individual education plan is counted as the ratio of the number of hours
of assessment and education service to 825 times 1.25 with a minimum average daily membership
of 0.28, but not more than 1.25 pupil units.
    (b) A prekindergarten pupil who is assessed but determined not to be disabled is counted as
the ratio of the number of hours of assessment service to 825 times 1.25.
    (c) A kindergarten pupil with a disability who is enrolled in a program approved by the
commissioner is counted as the ratio of the number of hours of assessment and education services
required in the fiscal year by the pupil's individual education program plan to 875, but not more
than one.
    (d) A kindergarten pupil who is not included in paragraph (c) is counted as .612 pupil units.
    (e) A pupil who is in any of grades 1 to 3 is counted as 1.115 pupil units for fiscal year
2000 and thereafter.
    (f) A pupil who is any of grades 4 to 6 is counted as 1.06 pupil units for fiscal year 1995
and thereafter.
    (g) A pupil who is in any of grades 7 to 12 is counted as 1.3 pupil units.
    (h) A pupil who is in the postsecondary enrollment options program is counted as 1.3 pupil
units.
    Subd. 2. Foreign exchange pupils. Notwithstanding section 124D.02, subdivision 3, or any
other law to the contrary, a foreign exchange pupil enrolled in a district under a cultural exchange
program may be counted as a resident pupil for the purposes of this chapter and chapters 120B,
122A, 123A, 123B, 124D, 125A, and 127A, even if the pupil has graduated from high school or
the equivalent.
    Subd. 3. Compensation revenue pupil units. Compensation revenue pupil units for fiscal
year 1998 and thereafter must be computed according to this subdivision.
(a) The compensation revenue concentration percentage for each building in a district equals
the product of 100 times the ratio of:
(1) the sum of the number of pupils enrolled in the building eligible to receive free lunch
plus one-half of the pupils eligible to receive reduced priced lunch on October 1 of the previous
fiscal year; to
(2) the number of pupils enrolled in the building on October 1 of the previous fiscal year.
(b) The compensation revenue pupil weighting factor for a building equals the lesser of
one or the quotient obtained by dividing the building's compensation revenue concentration
percentage by 80.0.
(c) The compensation revenue pupil units for a building equals the product of:
(1) the sum of the number of pupils enrolled in the building eligible to receive free lunch
and one-half of the pupils eligible to receive reduced priced lunch on October 1 of the previous
fiscal year; times
(2) the compensation revenue pupil weighting factor for the building; times
(3) .60.
(d) Notwithstanding paragraphs (a) to (c), for charter schools and contracted alternative
programs in the first year of operation, compensation revenue pupil units shall be computed using
data for the current fiscal year. If the charter school or contracted alternative program begins
operation after October 1, compensatory revenue pupil units shall be computed based on pupils
enrolled on an alternate date determined by the commissioner, and the compensation revenue pupil
units shall be prorated based on the ratio of the number of days of student instruction to 170 days.
(e) The percentages in this subdivision must be based on the count of individual pupils
and not on a building average or minimum.
    Subd. 4.[Repealed, 1999 c 159 s 154; 1999 c 241 art 1 s 69]
    Subd. 5. Adjusted pupil units. (a) Adjusted pupil units for a district or charter school
means the sum of:
(1) the number of pupil units served, according to subdivision 7, plus
(2) pupil units according to subdivision 1 for whom the district or charter school pays tuition
under section 123A.18, 123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88, subdivision
4
, 124D.04, 124D.05, 125A.03 to 125A.24, 125A.51, or 125A.65, minus
(3) pupil units according to subdivision 1 for whom the district or charter school receives
tuition under section 123A.18, 123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88,
subdivision 4
, 124D.04, 124D.05, 125A.03 to 125A.24, 125A.51, or 125A.65.
(b) Adjusted marginal cost pupil units means the greater of:
(1) the sum of .77 times the pupil units defined in paragraph (a) for the current school year
and .23 times the pupil units defined in paragraph (a) for the previous school year; or
(2) the number of adjusted pupil units defined in paragraph (a) for the current school year.
    Subd. 6. Resident pupil units. (a) Resident pupil units for a district means the number of
pupil units according to subdivision 1 residing in the district.
(b) Resident marginal cost pupil units means the greater of:
(1) the sum of .77 times the pupil units defined in paragraph (a) for the current year and .23
times the pupil units defined in paragraph (a) for the previous school year; or
(2) the number of resident pupil units defined in paragraph (a) for the current school year.
    Subd. 7. Pupil units served. Pupil units served for a district or charter school means the
number of pupil units according to subdivision 1 enrolled in the district or charter school.
    Subd. 8. Average daily membership. (a) Membership for pupils in grades kindergarten
through 12 and for prekindergarten pupils with disabilities shall mean the number of pupils
on the current roll of the school, counted from the date of entry until withdrawal. The date of
withdrawal shall mean the day the pupil permanently leaves the school or the date it is officially
known that the pupil has left or has been legally excused. However, a pupil, regardless of age,
who has been absent from school for 15 consecutive school days during the regular school year or
for five consecutive school days during summer school or intersession classes of flexible school
year programs without receiving instruction in the home or hospital shall be dropped from the roll
and classified as withdrawn. Nothing in this section shall be construed as waiving the compulsory
attendance provisions cited in section 120A.22. Average daily membership equals the sum for
all pupils of the number of days of the school year each pupil is enrolled in the district's schools
divided by the number of days the schools are in session. Days of summer school or intersession
classes of flexible school year programs are only included in the computation of membership for
pupils with a disability not appropriately served primarily in the regular classroom. A student
must not be counted as more than 1.2 pupils in average daily membership under this section.
When the initial total average daily membership exceeds 1.2 for a pupil enrolled in more than one
school district during the fiscal year, each district's average daily membership must be reduced
proportionately.
(b) A student must not be counted as more than one pupil in average daily membership
except for purposes of section 126C.10, subdivision 2a.
    Subd. 9. Transitional year pupils. Notwithstanding subdivision 8, pupils granted
transitional year status shall continue to be counted as members on the current roll of the school
for the remainder of the school year. For purposes of computing average daily membership,
transitional year pupils must be considered to be enrolled every day school is in session for the
remainder of the school year.
    Subd. 10. National Guard pupils. Notwithstanding subdivision 8, pupils enrolled in the
Minnesota National Guard program shall be construed to be in attendance, for purposes of
computing average daily membership, during any period of the regular school year, but not to
include summer school, during which the pupil is attending military active duty training pursuant
to that program. During that period of military active duty training, the pupil shall earn all aid for
the district of residence or attendance which would be otherwise earned by the pupil's presence.
    Subd. 11. Average daily membership; justifiable cause; strikes excluded. Notwithstanding
subdivision 8, in cases when school is in session but pupils are prevented from attending for
more than 15 consecutive school days during the regular school year or five consecutive school
days during summer school or intersession classes of flexible school year programs, because of
epidemic, calamity, weather, fuel shortage, or other justifiable cause, the commissioner, upon
application, may allow the district to continue to count these pupils in average daily membership.
A lawful employees' strike is not a justifiable cause for purposes of this subdivision.
    Subd. 12.[Repealed, 1Sp2003 c 9 art 9 s 10]
    Subd. 13. PSEO pupils. The average daily membership for a pupil participating in the
postsecondary enrollment options program equals the lesser of
(a) 1.00, or
(b) the greater of
(1) .12, or
(2) the ratio of (i) the sum of the number of instructional hours the pupil is enrolled in the
secondary school during quarters, trimesters, or semesters during which the pupil participates in
PSEO, and hours enrolled in the secondary school during the remainder of the school year, to (ii)
the actual number of instructional days in the school year times the length of day in the school.
    Subd. 14. Computing pupil units for a prior year. In computing pupil units for a prior year,
the number of pupil units shall be adjusted to reflect any change for the current year in relative
weightings by grade level or category of special assistance, any change in measurement from
average daily attendance to average daily membership, any change in the limit on average daily
membership that can be generated by a pupil for a fiscal year as provided in subdivisions 8 and
15, and any change in school district boundaries, but not for the addition for the first time in the
current year of a specified category of special assistance as provided in subdivision 1, clause (4).
    Subd. 15. Learning year pupil units. (a) When a pupil is enrolled in a learning year
program under section 124D.128, an area learning center under sections 123A.05 and 123A.06,
an alternative program approved by the commissioner, or a contract alternative program under
section 124D.68, subdivision 3, paragraph (d), or subdivision 3a, for more than 1,020 hours in
a school year for a secondary student, more than 935 hours in a school year for an elementary
student, or more than 425 hours in a school year for a kindergarten student without a disability,
that pupil may be counted as more than one pupil in average daily membership for purposes of
section 126C.10, subdivision 2a. The amount in excess of one pupil must be determined by the
ratio of the number of hours of instruction provided to that pupil in excess of: (i) the greater of
1,020 hours or the number of hours required for a full-time secondary pupil in the district to 1,020
for a secondary pupil; (ii) the greater of 935 hours or the number of hours required for a full-time
elementary pupil in the district to 935 for an elementary pupil in grades 1 through 6; and (iii) the
greater of 425 hours or the number of hours required for a full-time kindergarten student without a
disability in the district to 425 for a kindergarten student without a disability. Hours that occur
after the close of the instructional year in June shall be attributable to the following fiscal year. A
kindergarten student must not be counted as more than 1.2 pupils in average daily membership
under this subdivision. A student in grades 1 through 12 must not be counted as more than 1.2
pupils in average daily membership under this subdivision.
(b)(i) To receive general education revenue for a pupil in an alternative program that has
an independent study component, a district must meet the requirements in this paragraph. The
district must develop, for the pupil, a continual learning plan consistent with section 124D.128,
subdivision 3
. Each school district that has a state-approved public alternative program must
reserve revenue in an amount equal to at least 90 percent of the district average general education
revenue per pupil unit less compensatory revenue per pupil unit times the number of pupil units
generated by students attending a state-approved public alternative program. The amount of
reserved revenue available under this subdivision may only be spent for program costs associated
with the state-approved public alternative program. Compensatory revenue must be allocated
according to section 126C.15, subdivision 2.
(ii) General education revenue for a pupil in an approved alternative program without an
independent study component must be prorated for a pupil participating for less than a full year,
or its equivalent. The district must develop a continual learning plan for the pupil, consistent
with section 124D.128, subdivision 3. Each school district that has a state-approved public
alternative program must reserve revenue in an amount equal to at least 90 percent of the district
average general education revenue per pupil unit less compensatory revenue per pupil unit times
the number of pupil units generated by students attending a state-approved public alternative
program. The amount of reserved revenue available under this subdivision may only be spent
for program costs associated with the state-approved public alternative program. Compensatory
revenue must be allocated according to section 126C.15, subdivision 2.
(iii) General education revenue for a pupil in an approved alternative program that has
an independent study component must be paid for each hour of teacher contact time and each
hour of independent study time completed toward a credit or graduation standards necessary for
graduation. Average daily membership for a pupil shall equal the number of hours of teacher
contact time and independent study time divided by 1,020.
(iv) For an alternative program having an independent study component, the commissioner
shall require a description of the courses in the program, the kinds of independent study involved,
the expected learning outcomes of the courses, and the means of measuring student performance
against the expected outcomes.
    Subd. 16. Free and reduced priced lunches. The commissioner shall determine the number
of children eligible to receive either a free or reduced priced lunch on October 1 each year.
Children enrolled in a building on October 1 and determined to be eligible to receive free or
reduced price lunch by December 15 of that school year shall be counted as eligible on October 1
for purposes of subdivision 3. The commissioner may use federal definitions for these purposes
and may adjust these definitions as appropriate. The commissioner may adopt reporting guidelines
to assure accuracy of data counts and eligibility. Districts shall use any guidelines adopted by the
commissioner.
    Subd. 17. LEP pupil units. (a) Limited English proficiency pupil units for fiscal year 2004
and thereafter shall be determined according to this subdivision.
(b) The limited English proficiency concentration percentage for a district equals the product
of 100 times the ratio of:
(1) the number of eligible pupils of limited English proficiency in average daily membership
enrolled in the district during the current fiscal year; to
(2) the number of pupils in average daily membership enrolled in the district.
(c) The limited English proficiency pupil units for each eligible pupil of limited English
proficiency in average daily membership equals the lesser of one or the quotient obtained by
dividing the limited English proficiency concentration percentage for the pupil's district of
enrollment by 11.5.
(d) Limited English proficiency pupil units shall be counted by the district of enrollment.
(e) Notwithstanding paragraph (d), for the purposes of this subdivision, pupils enrolled in a
cooperative or intermediate school district shall be counted by the district of residence.
(f) For the purposes of this subdivision, the terms defined in section 124D.59 have the
same meaning.
    Subd. 18. Pupil adjustment for closed charter schools and contracted alternative
programs. For a charter school or contracted alternative program operating during the prior
school year but ceasing operations before the end of the current school year, prior year pupil data
used in computing revenues for the current school year shall be prorated based on the number of
days of student instruction in the current school year to 170.
    Subd. 19. Online learning students. (a) The average daily membership for a public school
pupil generating online learning average daily membership according to section 124D.095,
subdivision 8
, paragraph (b), equals the sum of: (1) the ratio of the sum of the number of
instructional hours the pupil is enrolled in a regular classroom setting at the enrolling school
to the actual number of instructional hours in the school year at the enrolling school, plus (2)
.12 times the initial online learning average daily membership according to section 124D.095,
subdivision 8
, paragraph (b).
(b) When the sum of the average daily membership under paragraph (a) and the adjusted
online learning average daily membership under section 124D.095, subdivision 8, paragraph
(b), exceeds the maximum allowed for the student under subdivision 8 or 15, as applicable, the
average daily membership under paragraph (a) shall be reduced by the excess over the maximum,
but shall not be reduced below .12. The adjusted online learning average daily membership
according to section 124D.095, subdivision 8, paragraph (b), shall be reduced by any remaining
excess over the maximum.
    Subd. 20. Project-based average daily membership. (a) To receive general education
revenue for a pupil enrolled in a public school with a project-based program, a school must meet
the requirements in this paragraph. The school must:
(1) register with the commissioner as a project-based program by May 30 of the preceding
fiscal year;
(2) provide a minimum teacher contact of no less than one hour per week per project-based
credit for each pupil;
(3) maintain a record system that shows when each credit or portion thereof was reported
for membership for each pupil; and
(4) report pupil membership consistent with paragraph (b).
(b) The commissioner must develop a formula for reporting pupil membership to compute
average daily membership for each registered project-based school. Average daily membership
for a pupil in a registered project-based program is the lesser of:
(1) 1.0; or
(2) the ratio of (i) the number of membership hours generated by project-based credits
completed during the school year plus membership hours generated by credits completed in a
seat-based setting to (ii) the annual required instructional hours at that grade level. Membership
hours for a partially completed project-based credit must be prorated.
History: Ex1959 c 71 art 5 s 17; Ex1961 c 77 s 1; 1969 c 736 s 1; 1969 c 1085 s 3; 1971 c
829 s 1; Ex1971 c 31 art 20 s 2; 1973 c 683 s 4; 1974 c 521 s 18-20; 1975 c 432 s 21,22; 1976 c 2
s 59; 1976 c 271 s 42,43; 1977 c 447 art 1 s 4-6; 1978 c 764 s 40-43; 1979 c 50 s 13; 1979 c 334
art 1 s 5; 1981 c 358 art 1 s 13-16; 1982 c 548 art 3 s 6; 1983 c 314 art 3 s 2; 1985 c 248 s 69;
1Sp1985 c 12 art 1 s 5,6; 1986 c 444; 1Sp1986 c 1 art 9 s 2; 1987 c 398 art 1 s 2; art 3 s 16; 1988
c 486 s 24,25; 1988 c 718 art 3 s 2; art 6 s 6; 1989 c 209 art 2 s 1; 1990 c 562 art 1 s 1; 1991 c
130 s 37; 1991 c 265 art 1 s 4-7; art 3 s 38; art 9 s 42; 1992 c 499 art 12 s 29; 1993 c 224 art 1 s
2; art 9 s 28,29; art 13 s 35; 1994 c 647 art 1 s 6; art 9 s 7; 1995 c 212 art 4 s 64; 1Sp1995 c 3 art
1 s 8-11; art 14 s 4; 1996 c 412 art 1 s 7,8,35; art 4 s 6; art 14 s 2; 1997 c 1 s 3; 1997 c 162 art 2
s 15; 1Sp1997 c 4 art 1 s 12-14; art 2 s 3; 1998 c 397 art 7 s 21-28,164; art 11 s 3; 1998 c 398 art
1 s 6-8; art 2 s 24; 1999 c 241 art 1 s 8-12,55; 2000 c 489 art 2 s 12,13; 1Sp2001 c 6 art 1 s 14;
art 2 s 56,57; 2002 c 220 art 3 s 4; 1Sp2003 c 9 art 1 s 15-19; art 2 s 36; 2005 c 56 s 1; 1Sp2005
c 5 art 1 s 15; 2006 c 263 art 1 s 8; 2007 c 146 art 1 s 5,25; art 11 s 16