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2006 Minnesota Statutes

This is a historical version of this statute chapter. Also view the most recent published version.

    Subdivision 1. Purpose. The legislature finds that it is critical to provide options for children
to succeed in school. Therefore, the purpose of this section is to provide incentives for and
encourage all Minnesota students who have experienced or are experiencing difficulty in the
traditional education system to enroll in alternative programs.
    Subd. 2. Eligible pupils. A pupil under the age of 21 or who meets the requirements
of section 120A.20, subdivision 1, paragraph (c), is eligible to participate in the graduation
incentives program, if the pupil:
(1) performs substantially below the performance level for pupils of the same age in a
locally determined achievement test;
(2) is at least one year behind in satisfactorily completing coursework or obtaining credits
for graduation;
(3) is pregnant or is a parent;
(4) has been assessed as chemically dependent;
(5) has been excluded or expelled according to sections 121A.40 to 121A.56;
(6) has been referred by a school district for enrollment in an eligible program or a program
pursuant to section 124D.69;
(7) is a victim of physical or sexual abuse;
(8) has experienced mental health problems;
(9) has experienced homelessness sometime within six months before requesting a transfer
to an eligible program;
(10) speaks English as a second language or has limited English proficiency; or
(11) has withdrawn from school or has been chronically truant; or
(12) is being treated in a hospital in the seven-county metropolitan area for cancer or other
life threatening illness or is the sibling of an eligible pupil who is being currently treated, and
resides with the pupil's family at least 60 miles beyond the outside boundary of the seven-county
metropolitan area.
    Subd. 3. Eligible programs. (a) A pupil who is eligible according to subdivision 2 may
enroll in area learning centers under sections 123A.05 to 123A.08.
(b) A pupil who is eligible according to subdivision 2 and who is between the ages of 16 and
21 may enroll in postsecondary courses under section 124D.09.
(c) A pupil who is eligible under subdivision 2, may enroll in any public elementary or
secondary education program.
(d) A pupil who is eligible under subdivision 2, may enroll in any nonpublic, nonsectarian
school that has contracted with the serving school district to provide educational services.
However, notwithstanding other provisions of this section, only a pupil who is eligible under
subdivision 2, clause (12), may enroll in a contract alternative school that is specifically structured
to provide educational services to such a pupil.
(e) A pupil who is between the ages of 16 and 21 may enroll in any adult basic education
programs approved under section 124D.52 and operated under the community education program
contained in section 124D.19.
    Subd. 4. Additional eligible program. A pupil who is at least 16 years of age, who is
eligible under subdivision 2, clause (a), and who has been enrolled only in a public school, if the
pupil has been enrolled in any school, during the year immediately before transferring under this
subdivision, may transfer to any nonpublic school that has contracted with the serving school
district to provide nonsectarian educational services. The school must enroll every eligible pupil
who seeks to transfer to the school under this program subject to available space.
    Subd. 5. Pupil enrollment. Any eligible pupil may apply to enroll in an eligible program.
Approval of the resident district is not required for:
(1) an eligible pupil to enroll in any eligible program in a nonresident district under
subdivision 3 or 4 or an area learning center established under section 123A.05; or
(2) an eligible pupil under subdivision 2, to enroll in an adult basic education program
approved under section 124D.52.
    Subd. 6. Dissemination of information. A district must disseminate information, developed
by the department, about the graduation incentives program to residents in the district who are
under the age of 21.
    Subd. 7. Desegregation plans. Notwithstanding any provision to the contrary, students
may not enroll in a nonresident district under this section if their enrollment in another district
would result in a violation of a district's desegregation plan, as mandated and approved by the
commissioner of education.
    Subd. 8. Aid adjustments. General education aid and transportation aid attributable to
a pupil covered by programs under this section must be paid according to sections 127A.47,
subdivision 7
, and 123B.92, subdivision 3, respectively.
    Subd. 9. Enrollment verification. (a) For a pupil attending an eligible program full time
under subdivision 3, paragraph (d), the department must pay 90 percent of the district's average
general education revenue less basic skills revenue to the eligible program and ten percent of the
district's average general education revenue less basic skills revenue to the contracting district
within 30 days after the eligible program verifies enrollment using the form provided by the
department. For a pupil attending an eligible program part time, revenue, excluding compensatory
revenue, shall be reduced proportionately, according to the amount of time the pupil attends the
program, and the payments to the eligible program and the contracting district shall be reduced
accordingly. A pupil for whom payment is made according to this section may not be counted by
any district for any purpose other than computation of general education revenue. If payment is
made for a pupil under this subdivision, a district shall not reimburse a program under section
124D.69 for the same pupil. The basic skills revenue generated by pupils attending the eligible
program according to section 126C.10, subdivision 4, shall be paid to the eligible program.
(b) The department must pay up to 100 percent of the revenue to the eligible program if there
is an agreement to that effect between the school district and the eligible program.
(c) Notwithstanding paragraphs (a) and (b), for an eligible program that provides chemical
treatment services to students, the department must pay 100 percent of the revenue to the eligible
    Subd. 10. Severability. If for any reason any portion of this section is found by a court to be
unconstitutional, the remaining portions of the section shall remain in effect.
History: 1987 c 398 art 8 s 15; 1988 c 718 art 6 s 12,13; art 7 s 37-40; 1989 c 222 s 30,31;
1989 c 329 art 7 s 8,9; art 9 s 14; 1990 c 562 art 4 s 4-6; 1991 c 265 art 4 s 20-25; 1992 c 363
art 2 s 3; 1992 c 499 art 9 s 12; 1993 c 224 art 4 s 34-37; art 7 s 23; art 9 s 54; 1994 c 488 s
8; 1994 c 647 art 4 s 28-30; 1Sp1995 c 3 art 1 s 51; art 8 s 8; art 16 s 13; 1996 c 412 art 4 s
18-22; 1997 c 7 art 1 s 70; 1Sp1997 c 4 art 2 s 34; art 5 s 18,19; art 6 s 15; 1998 c 397 art 2 s
122-126,164; art 11 s 3; 1998 c 398 art 5 s 55; 1999 c 107 s 66; 1999 c 241 art 1 s 5; 2000 c
489 art 3 s 3; 2000 c 343 s 4; 2003 c 130 s 12; 2004 c 206 s 52; 2004 c 294 art 5 s 9; 2005 c
10 art 1 s 25; 1Sp2005 c 5 art 1 s 11; 2006 c 263 art 1 s 6,7

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