Bill Text: MN HF563 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: School board creation of full-service school zones authorized.
Sponsorship: Slight Partisan Bill (Democrat 5-3)
Status: (Engrossed - Dead) 2011-05-18 - Second reading [HF563 Detail]
Download: Minnesota-2011-HF563-Engrossed.html
1.2relating to education finance; authorizing school board to create full-service
1.3school zones;amending Minnesota Statutes 2010, sections 123B.88, by adding a
1.4subdivision; 123B.92, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 123B.88, is amended by adding a
1.7subdivision to read:
1.8 Subd. 1a. Full-service school zones. The board may establish a full-service school
1.9zone by adoption of a written resolution and may provide transportation for students
1.10attending that school. A full-service school zone may be established for a school located
1.11in an area with higher than average crime or other social and economic challenges, that
1.12provides education, health or human services, or other parental support in collaboration
1.13with city, county, state, or nonprofit agencies. The pupil transportation must be intended to
1.14stabilize enrollment and reduce mobility at the school located in a full-service school zone.
1.15EFFECTIVE DATE.This section is effective July 1, 2011.
1.16 Sec. 2. Minnesota Statutes 2010, section 123B.92, subdivision 1, is amended to read:
1.17 Subdivision 1. Definitions. For purposes of this section and section125A.76 , the
1.18terms defined in this subdivision have the meanings given to them.
1.19 (a) "Actual expenditure per pupil transported in the regular and excess transportation
1.20categories" means the quotient obtained by dividing:
1.21 (1) the sum of:
1.22 (i) all expenditures for transportation in the regular category, as defined in paragraph
1.23(b), clause (1), and the excess category, as defined in paragraph (b), clause (2), plus
2.1 (ii) an amount equal to one year's depreciation on the district's school bus fleet
2.2and mobile units computed on a straight line basis at the rate of 15 percent per year for
2.3districts operating a program under section124D.128 for grades 1 to 12 for all students in
2.4the district and 12-1/2 percent per year for other districts of the cost of the fleet, plus
2.5 (iii) an amount equal to one year's depreciation on the district's type III vehicles, as
2.6defined in section169.011, subdivision 71 , which must be used a majority of the time for
2.7pupil transportation purposes, computed on a straight line basis at the rate of 20 percent
2.8per year of the cost of the type three school buses by:
2.9 (2) the number of pupils eligible for transportation in the regular category, as defined
2.10in paragraph (b), clause (1), and the excess category, as defined in paragraph (b), clause (2).
2.11 (b) "Transportation category" means a category of transportation service provided to
2.12pupils as follows:
2.13 (1) Regular transportation is:
2.14 (i) transportation to and from school during the regular school year for resident
2.15elementary pupils residing one mile or more from the public or nonpublic school they
2.16attend, and resident secondary pupils residing two miles or more from the public
2.17or nonpublic school they attend, excluding desegregation transportation and noon
2.18kindergarten transportation; but with respect to transportation of pupils to and from
2.19nonpublic schools, only to the extent permitted by sections123B.84 to
123B.87 ;
2.20 (ii) transportation of resident pupils to and from language immersion programs;
2.21 (iii) transportation of a pupil who is a custodial parent and that pupil's child between
2.22the pupil's home and the child care provider and between the provider and the school, if
2.23the home and provider are within the attendance area of the school;
2.24 (iv) transportation to and from or board and lodging in another district, of resident
2.25pupils of a district without a secondary school; and
2.26 (v) transportation to and from school during the regular school year required under
2.27subdivision 3 for nonresident elementary pupils when the distance from the attendance
2.28area border to the public school is one mile or more, and for nonresident secondary pupils
2.29when the distance from the attendance area border to the public school is two miles or
2.30more, excluding desegregation transportation and noon kindergarten transportation.
2.31 For the purposes of this paragraph, a district may designate a licensed day care
2.32facility, school day care facility, respite care facility, the residence of a relative, or the
2.33residence of a person or other location chosen by the pupil's parent or guardian, or an
2.34after-school program for children operated by a political subdivision of the state, as the
2.35home of a pupil for part or all of the day, if requested by the pupil's parent or guardian,
3.1and if that facility, residence, or program is within the attendance area of the school the
3.2pupil attends.
3.3 (2) Excess transportation is:
3.4 (i) transportation to and from school during the regular school year for resident
3.5secondary pupils residing at least one mile but less than two miles from the public or
3.6nonpublic school they attend, and transportation to and from school for resident pupils
3.7residing less than one mile from school who are transported because of full-service school
3.8zones, extraordinary traffic, drug, or crime hazards; and
3.9 (ii) transportation to and from school during the regular school year required under
3.10subdivision 3 for nonresident secondary pupils when the distance from the attendance area
3.11border to the school is at least one mile but less than two miles from the public school
3.12they attend, and for nonresident pupils when the distance from the attendance area border
3.13to the school is less than one mile from the school and who are transported because of
3.14full-service school zones, extraordinary traffic, drug, or crime hazards.
3.15 (3) Desegregation transportation is transportation within and outside of the district
3.16during the regular school year of pupils to and from schools located outside their normal
3.17attendance areas under a plan for desegregation mandated by the commissioner or under
3.18court order.
3.19 (4) "Transportation services for pupils with disabilities" is:
3.20 (i) transportation of pupils with disabilities who cannot be transported on a regular
3.21school bus between home or a respite care facility and school;
3.22 (ii) necessary transportation of pupils with disabilities from home or from school to
3.23other buildings, including centers such as developmental achievement centers, hospitals,
3.24and treatment centers where special instruction or services required by sections125A.03
3.25to
125A.24 ,
125A.26 to
125A.48 , and
125A.65 are provided, within or outside the district
3.26where services are provided;
3.27 (iii) necessary transportation for resident pupils with disabilities required by sections
3.28125A.12
, and
125A.26 to
125A.48 ;
3.29 (iv) board and lodging for pupils with disabilities in a district maintaining special
3.30classes;
3.31 (v) transportation from one educational facility to another within the district for
3.32resident pupils enrolled on a shared-time basis in educational programs, and necessary
3.33transportation required by sections125A.18 , and
125A.26 to
125A.48 , for resident pupils
3.34with disabilities who are provided special instruction and services on a shared-time basis
3.35or if resident pupils are not transported, the costs of necessary travel between public
4.1and private schools or neutral instructional sites by essential personnel employed by the
4.2district's program for children with a disability;
4.3 (vi) transportation for resident pupils with disabilities to and from board and lodging
4.4facilities when the pupil is boarded and lodged for educational purposes; and
4.5(vii) services described in clauses (i) to (vi), when provided for pupils with
4.6disabilities in conjunction with a summer instructional program that relates to the pupil's
4.7individual education plan or in conjunction with a learning year program established
4.8under section124D.128 .
4.9 For purposes of computing special education initial aid under section125A.76,
4.10subdivision 2 , the cost of providing transportation for children with disabilities includes
4.11(A) the additional cost of transporting a homeless student from a temporary nonshelter
4.12home in another district to the school of origin, or a formerly homeless student from a
4.13permanent home in another district to the school of origin but only through the end of the
4.14academic year; and (B) depreciation on district-owned school buses purchased after July 1,
4.152005, and used primarily for transportation of pupils with disabilities, calculated according
4.16to paragraph (a), clauses (ii) and (iii). Depreciation costs included in the disabled
4.17transportation category must be excluded in calculating the actual expenditure per pupil
4.18transported in the regular and excess transportation categories according to paragraph (a).
4.19 (5) "Nonpublic nonregular transportation" is:
4.20 (i) transportation from one educational facility to another within the district for
4.21resident pupils enrolled on a shared-time basis in educational programs, excluding
4.22transportation for nonpublic pupils with disabilities under clause (4);
4.23 (ii) transportation within district boundaries between a nonpublic school and a
4.24public school or a neutral site for nonpublic school pupils who are provided pupil support
4.25services pursuant to section123B.44 ; and
4.26 (iii) late transportation home from school or between schools within a district for
4.27nonpublic school pupils involved in after-school activities.
4.28 (c) "Mobile unit" means a vehicle or trailer designed to provide facilities for
4.29educational programs and services, including diagnostic testing, guidance and counseling
4.30services, and health services. A mobile unit located off nonpublic school premises is a
4.31neutral site as defined in section123B.41, subdivision 13 .
4.32EFFECTIVE DATE.This section is effective July 1, 2011.
1.3school zones;amending Minnesota Statutes 2010, sections 123B.88, by adding a
1.4subdivision; 123B.92, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 123B.88, is amended by adding a
1.7subdivision to read:
1.8 Subd. 1a. Full-service school zones. The board may establish a full-service school
1.9zone by adoption of a written resolution and may provide transportation for students
1.10attending that school. A full-service school zone may be established for a school located
1.11in an area with higher than average crime or other social and economic challenges, that
1.12provides education, health or human services, or other parental support in collaboration
1.13with city, county, state, or nonprofit agencies. The pupil transportation must be intended to
1.14stabilize enrollment and reduce mobility at the school located in a full-service school zone.
1.15EFFECTIVE DATE.This section is effective July 1, 2011.
1.16 Sec. 2. Minnesota Statutes 2010, section 123B.92, subdivision 1, is amended to read:
1.17 Subdivision 1. Definitions. For purposes of this section and section
1.18terms defined in this subdivision have the meanings given to them.
1.19 (a) "Actual expenditure per pupil transported in the regular and excess transportation
1.20categories" means the quotient obtained by dividing:
1.21 (1) the sum of:
1.22 (i) all expenditures for transportation in the regular category, as defined in paragraph
1.23(b), clause (1), and the excess category, as defined in paragraph (b), clause (2), plus
2.1 (ii) an amount equal to one year's depreciation on the district's school bus fleet
2.2and mobile units computed on a straight line basis at the rate of 15 percent per year for
2.3districts operating a program under section
2.4the district and 12-1/2 percent per year for other districts of the cost of the fleet, plus
2.5 (iii) an amount equal to one year's depreciation on the district's type III vehicles, as
2.6defined in section
2.7pupil transportation purposes, computed on a straight line basis at the rate of 20 percent
2.8per year of the cost of the type three school buses by:
2.9 (2) the number of pupils eligible for transportation in the regular category, as defined
2.10in paragraph (b), clause (1), and the excess category, as defined in paragraph (b), clause (2).
2.11 (b) "Transportation category" means a category of transportation service provided to
2.12pupils as follows:
2.13 (1) Regular transportation is:
2.14 (i) transportation to and from school during the regular school year for resident
2.15elementary pupils residing one mile or more from the public or nonpublic school they
2.16attend, and resident secondary pupils residing two miles or more from the public
2.17or nonpublic school they attend, excluding desegregation transportation and noon
2.18kindergarten transportation; but with respect to transportation of pupils to and from
2.19nonpublic schools, only to the extent permitted by sections
2.20 (ii) transportation of resident pupils to and from language immersion programs;
2.21 (iii) transportation of a pupil who is a custodial parent and that pupil's child between
2.22the pupil's home and the child care provider and between the provider and the school, if
2.23the home and provider are within the attendance area of the school;
2.24 (iv) transportation to and from or board and lodging in another district, of resident
2.25pupils of a district without a secondary school; and
2.26 (v) transportation to and from school during the regular school year required under
2.27subdivision 3 for nonresident elementary pupils when the distance from the attendance
2.28area border to the public school is one mile or more, and for nonresident secondary pupils
2.29when the distance from the attendance area border to the public school is two miles or
2.30more, excluding desegregation transportation and noon kindergarten transportation.
2.31 For the purposes of this paragraph, a district may designate a licensed day care
2.32facility, school day care facility, respite care facility, the residence of a relative, or the
2.33residence of a person or other location chosen by the pupil's parent or guardian, or an
2.34after-school program for children operated by a political subdivision of the state, as the
2.35home of a pupil for part or all of the day, if requested by the pupil's parent or guardian,
3.1and if that facility, residence, or program is within the attendance area of the school the
3.2pupil attends.
3.3 (2) Excess transportation is:
3.4 (i) transportation to and from school during the regular school year for resident
3.5secondary pupils residing at least one mile but less than two miles from the public or
3.6nonpublic school they attend, and transportation to and from school for resident pupils
3.7residing less than one mile from school who are transported because of full-service school
3.8zones, extraordinary traffic, drug, or crime hazards; and
3.9 (ii) transportation to and from school during the regular school year required under
3.10subdivision 3 for nonresident secondary pupils when the distance from the attendance area
3.11border to the school is at least one mile but less than two miles from the public school
3.12they attend, and for nonresident pupils when the distance from the attendance area border
3.13to the school is less than one mile from the school and who are transported because of
3.14full-service school zones, extraordinary traffic, drug, or crime hazards.
3.15 (3) Desegregation transportation is transportation within and outside of the district
3.16during the regular school year of pupils to and from schools located outside their normal
3.17attendance areas under a plan for desegregation mandated by the commissioner or under
3.18court order.
3.19 (4) "Transportation services for pupils with disabilities" is:
3.20 (i) transportation of pupils with disabilities who cannot be transported on a regular
3.21school bus between home or a respite care facility and school;
3.22 (ii) necessary transportation of pupils with disabilities from home or from school to
3.23other buildings, including centers such as developmental achievement centers, hospitals,
3.24and treatment centers where special instruction or services required by sections
3.26where services are provided;
3.27 (iii) necessary transportation for resident pupils with disabilities required by sections
3.29 (iv) board and lodging for pupils with disabilities in a district maintaining special
3.30classes;
3.31 (v) transportation from one educational facility to another within the district for
3.32resident pupils enrolled on a shared-time basis in educational programs, and necessary
3.33transportation required by sections
3.34with disabilities who are provided special instruction and services on a shared-time basis
3.35or if resident pupils are not transported, the costs of necessary travel between public
4.1and private schools or neutral instructional sites by essential personnel employed by the
4.2district's program for children with a disability;
4.3 (vi) transportation for resident pupils with disabilities to and from board and lodging
4.4facilities when the pupil is boarded and lodged for educational purposes; and
4.5(vii) services described in clauses (i) to (vi), when provided for pupils with
4.6disabilities in conjunction with a summer instructional program that relates to the pupil's
4.7individual education plan or in conjunction with a learning year program established
4.8under section
4.9 For purposes of computing special education initial aid under section
4.10subdivision 2
4.11(A) the additional cost of transporting a homeless student from a temporary nonshelter
4.12home in another district to the school of origin, or a formerly homeless student from a
4.13permanent home in another district to the school of origin but only through the end of the
4.14academic year; and (B) depreciation on district-owned school buses purchased after July 1,
4.152005, and used primarily for transportation of pupils with disabilities, calculated according
4.16to paragraph (a), clauses (ii) and (iii). Depreciation costs included in the disabled
4.17transportation category must be excluded in calculating the actual expenditure per pupil
4.18transported in the regular and excess transportation categories according to paragraph (a).
4.19 (5) "Nonpublic nonregular transportation" is:
4.20 (i) transportation from one educational facility to another within the district for
4.21resident pupils enrolled on a shared-time basis in educational programs, excluding
4.22transportation for nonpublic pupils with disabilities under clause (4);
4.23 (ii) transportation within district boundaries between a nonpublic school and a
4.24public school or a neutral site for nonpublic school pupils who are provided pupil support
4.25services pursuant to section
4.26 (iii) late transportation home from school or between schools within a district for
4.27nonpublic school pupils involved in after-school activities.
4.28 (c) "Mobile unit" means a vehicle or trailer designed to provide facilities for
4.29educational programs and services, including diagnostic testing, guidance and counseling
4.30services, and health services. A mobile unit located off nonpublic school premises is a
4.31neutral site as defined in section
4.32EFFECTIVE DATE.This section is effective July 1, 2011.
