Bill Text: MN SF2314 | 2013-2014 | 88th Legislature | Introduced


Bill Title: Education finance developmental screening aid, early education programs, and adult basic education funding increase; English language learners services extension; charter school authority to access lease aid for facilities leased from a school district; bond issue and appropriation

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2014-03-06 - Referred to Education [SF2314 Detail]

Download: Minnesota-2013-SF2314-Introduced.html

1.1A bill for an act
1.2relating to education finance; increasing funding for developmental screening aid;
1.3increasing funding for early education programs; extending services for English
1.4language learners; increasing funding for adult basic education; authorizing a
1.5charter school to access lease aid for facilities leased from a school district;
1.6authorizing the sale and issuance of state bonds; appropriating money;amending
1.7Minnesota Statutes 2012, sections 121A.19; 124D.135, subdivision 1; 124D.16,
1.8subdivision 2; 124D.20, subdivision 3; 124D.59, subdivision 2; Minnesota
1.9Statutes 2013 Supplement, sections 124D.10, subdivision 23a; 124D.531,
1.10subdivision 1; Laws 2013, chapter 116, article 4, section 9, subdivision 2; article
1.118, section 5, subdivisions 2, 3, 4, 14; proposing coding for new law in Minnesota
1.12Statutes, chapter 123B.
1.13BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.14    Section 1. Minnesota Statutes 2012, section 121A.19, is amended to read:
1.15121A.19 DEVELOPMENTAL SCREENING AID.
1.16    Each school year, the state must pay a district for each child or student screened by
1.17the district according to the requirements of section 121A.17. The amount of state aid for
1.18each child or student screened shall be: (1) $75 $150 for a child screened at age three; (2)
1.19$50 $100 for a child screened at age four; (3) $40 $80 for a child screened at age five or
1.20six prior to kindergarten; and (4) $30 $60 for a student screened within 30 days after first
1.21enrolling in a public school kindergarten if the student has not previously been screened
1.22according to the requirements of section 121A.17. If this amount of aid is insufficient,
1.23the district may permanently transfer from the general fund an amount that, when added
1.24to the aid, is sufficient. Developmental screening aid shall not be paid for any student
1.25who is screened more than 30 days after the first day of attendance at a public school
1.26kindergarten, except if a student transfers to another public school kindergarten within
1.2730 days after first enrolling in a Minnesota public school kindergarten program. In this
2.1case, if the student has not been screened, the district to which the student transfers may
2.2receive developmental screening aid for screening that student when the screening is
2.3performed within 30 days of the transfer date.
2.4EFFECTIVE DATE.This section is effective for state aid for fiscal year 2015
2.5and later.

2.6    Sec. 2. [123B.645] HEATING, VENTILATION, AND AIR CONDITIONING
2.7GRANT PROGRAM.
2.8    Subdivision 1. Eligible projects. School construction projects to repair, replace,
2.9or improve heating, ventilation, and air conditioning systems, including any necessary
2.10facility modifications, are eligible for a grant under this section.
2.11    Subd. 2. Application process. A school district may apply to the commissioner for
2.12a heating, ventilation, and air conditioning system grant. The district must:
2.13(1) list each project by building;
2.14(2) apply in the form and manner designated by the commissioner; and
2.15(3) demonstrate to the commissioner's satisfaction that each project is cost-efficient.
2.16    Subd. 3. Grant amounts. The commissioner shall evaluate all grant applications
2.17and award grants to each project not to exceed the lesser of $1,000,000 per project or
2.18one-half of the total project cost.
2.19    Subd. 4. Local match. A school district may issue bonds under section 123B.62
2.20to provide the local match for the project.
2.21EFFECTIVE DATE.This section is effective the day following final enactment.

2.22    Sec. 3. [123B.665] FULL-DAY KINDERGARTEN FACILITIES GRANT
2.23PROGRAM.
2.24    Subdivision 1. Application process. A school district seeking a full-day
2.25kindergarten facilities grant must demonstrate to the commissioner's satisfaction that the
2.26district has a shortage of facility space for kindergarten students and that the shortage of
2.27classroom space is expected to exist for at least the next ten years. The district must apply
2.28for a kindergarten facilities grant in the form and manner designated by the commissioner.
2.29    Subd. 2. Grant amounts. The commissioner shall evaluate all grant applications
2.30and award grants to each district not to exceed the lesser of $1,000,000 per district or
2.31one-half of the total project cost.
2.32    Subd. 3. Local match. A school district may issue bonds under section 123B.62 to
2.33provide the local match for the kindergarten facilities project.
3.1EFFECTIVE DATE.This section is effective the day following final enactment.

3.2    Sec. 4. Minnesota Statutes 2013 Supplement, section 124D.10, subdivision 23a,
3.3is amended to read:
3.4    Subd. 23a. Related party lease costs. (a) A charter school is prohibited from
3.5entering a lease of real property with a related party unless the lessor is a school district,
3.6 nonprofit corporation under chapter 317A, or a cooperative under chapter 308A, and the
3.7lease cost is reasonable under section 124D.11, subdivision 4, clause (1).
3.8    (b) For purposes of this section and section 124D.11:
3.9    (1) "related party" means an affiliate or immediate relative of the other party in
3.10question, an affiliate of an immediate relative, or an immediate relative of an affiliate;
3.11    (2) "affiliate" means a person that directly or indirectly, through one or more
3.12intermediaries, controls, is controlled by, or is under common control with another person;
3.13    (3) "immediate family" means an individual whose relationship by blood, marriage,
3.14adoption, or partnering is no more remote than first cousin;
3.15    (4) "person" means an individual or entity of any kind; and
3.16    (5) "control" means the ability to affect the management, operations, or policy
3.17actions or decisions of a person, whether through ownership of voting securities, by
3.18contract, or otherwise.
3.19    (c) A lease of real property to be used for a charter school, not excluded in paragraph
3.20(a), must contain the following statement: "This lease is subject to Minnesota Statutes,
3.21section 124D.10, subdivision 23a."
3.22    (d) If a charter school enters into as lessee a lease with a related party and the
3.23charter school subsequently closes, the commissioner has the right to recover from the
3.24lessor any lease payments in excess of those that are reasonable under section 124D.11,
3.25subdivision 4
, clause (1).
3.26EFFECTIVE DATE.This section is effective for revenue for fiscal year 2015
3.27and later.

3.28    Sec. 5. Minnesota Statutes 2012, section 124D.135, subdivision 1, is amended to read:
3.29    Subdivision 1. Revenue. The revenue for early childhood family education
3.30programs for a school district equals $112 for fiscal year 2007 and $120 for fiscal year
3.312008 and later, $160 times the greater of:
3.32    (1) 150; or
3.33    (2) the number of people under five years of age residing in the district on October 1
3.34of the previous school year.
4.1EFFECTIVE DATE.This section is effective for revenue for fiscal year 2015
4.2and later.

4.3    Sec. 6. Minnesota Statutes 2012, section 124D.16, subdivision 2, is amended to read:
4.4    Subd. 2. Amount of aid. (a) A district is eligible to receive school readiness aid
4.5for eligible prekindergarten pupils enrolled in a school readiness program under section
4.6124D.15 if the biennial plan required by section 124D.15, subdivision 3a, has been
4.7approved by the commissioner.
4.8(b) For fiscal year 2002 and thereafter, a district must receive school readiness aid
4.9equal to:
4.10(1) the number of four-year-old children in the district on October 1 for the previous
4.11school year times the ratio of 50 percent of the total school readiness aid for that year to
4.12the total number of four-year-old children reported to the commissioner for the previous
4.13school year; plus
4.14(2) the number of pupils enrolled in the school district from families eligible for the
4.15free or reduced school lunch program for the previous school year times the ratio of
4.1650 percent of the total school readiness aid for that year to the total number of pupils
4.17in the state from families eligible for the free or reduced school lunch program for the
4.18previous school year.
4.19(c) For fiscal year 2015 and later, total school readiness aid equals $13,000,000.
4.20EFFECTIVE DATE.This section is effective for state aid for fiscal year 2015
4.21and later.

4.22    Sec. 7. Minnesota Statutes 2012, section 124D.20, subdivision 3, is amended to read:
4.23    Subd. 3. General community education revenue. The general community
4.24education revenue for a district equals $5.23 for fiscal years 2005 and 2006 and $5.42 for
4.25fiscal year 2007 and later, $7 times the greater of 1,335 or the population of the district.
4.26The population of the district is determined according to section 275.14.
4.27EFFECTIVE DATE.This section is effective for fiscal year 2016 and later.

4.28    Sec. 8. Minnesota Statutes 2013 Supplement, section 124D.531, subdivision 1, is
4.29amended to read:
4.30    Subdivision 1. State total adult basic education aid. (a) The state total adult basic
4.31education aid for fiscal year 2011 equals $44,419,000, plus any amount that is not paid
4.32during the previous fiscal year as a result of adjustments under subdivision 4, paragraph
5.1(a), or section 124D.52, subdivision 3. The state total adult basic education aid for later
5.2fiscal years equals:
5.3    (1) the state total adult basic education aid for the preceding fiscal year plus any
5.4amount that is not paid for during the previous fiscal year, as a result of adjustments under
5.5subdivision 4, paragraph (a), or section 124D.52, subdivision 3; times
5.6    (2) the lesser of:
5.7    (i) 1.025 1.03; or
5.8    (ii) the average growth in state total contact hours over the prior ten program years.
5.9    Beginning in fiscal year 2002, two percent of the state total adult basic education
5.10aid must be set aside for adult basic education supplemental service grants under section
5.11124D.522 .
5.12    (b) The state total adult basic education aid, excluding basic population aid, equals
5.13the difference between the amount computed in paragraph (a), and the state total basic
5.14population aid under subdivision 2.
5.15EFFECTIVE DATE.This section is effective for state aid for fiscal year 2015
5.16and later.

5.17    Sec. 9. Minnesota Statutes 2012, section 124D.59, subdivision 2, is amended to read:
5.18    Subd. 2. English learner. (a) "English learner" means a pupil in kindergarten
5.19through grade 12 who meets the following requirements:
5.20(1) the pupil, as declared by a parent or guardian first learned a language other than
5.21English, comes from a home where the language usually spoken is other than English, or
5.22usually speaks a language other than English; and
5.23(2) the pupil is determined by developmentally appropriate measures, which might
5.24include observations, teacher judgment, parent recommendations, or developmentally
5.25appropriate assessment instruments, to lack the necessary English skills to participate
5.26fully in classes taught in English.
5.27(b) Notwithstanding paragraph (a), a pupil in grades 4 through 12 who was enrolled
5.28in a Minnesota public school on the dates during the previous school year when a
5.29commissioner provided assessment that measures the pupil's emerging academic English
5.30was administered, shall not be counted as an English learner in calculating English learner
5.31pupil units under section 126C.05, subdivision 17, and shall not generate state English
5.32learner aid under section 124D.65, subdivision 5, unless the pupil scored below the state
5.33cutoff score or is otherwise counted as a nonproficient participant on an assessment
5.34measuring emerging academic English provided by the commissioner during the previous
5.35school year.
6.1(c) Notwithstanding paragraphs (a) and (b), a pupil in kindergarten through grade
6.212 shall not be counted as an English learner in calculating English learner pupil units
6.3under section 126C.05, subdivision 17, and shall not generate state English learner aid
6.4under section 124D.65, subdivision 5, if:
6.5(1) the pupil is not enrolled during the current fiscal year in an educational program
6.6for English learners in accordance with sections 124D.58 to 124D.64; or
6.7(2) the pupil has generated five seven or more years of average daily membership in
6.8Minnesota public schools since July 1, 1996.
6.9EFFECTIVE DATE.This section is effective for state aid for fiscal year 2015
6.10and later.

6.11    Sec. 10. Laws 2013, chapter 116, article 4, section 9, subdivision 2, is amended to read:
6.12    Subd. 2. Charter school building lease aid. For building lease aid under Minnesota
6.13Statutes, section 124D.11, subdivision 4:
6.14
$
54,484,000
.....
2014
6.15
6.16
$
59,533,000
.......
.....
2015
6.17The 2014 appropriation includes $6,819,000 for 2013 and $47,665,000 for 2014.
6.18The 2015 appropriation includes $7,502,000 for 2014 and $52,031,000 ....... for 2015.

6.19    Sec. 11. Laws 2013, chapter 116, article 8, section 5, subdivision 2, is amended to read:
6.20    Subd. 2. School readiness. For revenue for school readiness programs under
6.21Minnesota Statutes, sections 124D.15 and 124D.16:
6.22
$
10,095,000
.....
2014
6.23
6.24
$
10,159,000
13,072,000
.....
2015
6.25The 2014 appropriation includes $1,372,000 for 2013 and $8,723,000 for 2014.
6.26The 2015 appropriation includes $1,372,000 for 2014 and $8,787,000 $11,700,000
6.27 for 2015.

6.28    Sec. 12. Laws 2013, chapter 116, article 8, section 5, subdivision 3, is amended to read:
6.29    Subd. 3. Early childhood family education aid. For early childhood family
6.30education aid under Minnesota Statutes, section 124D.135:
6.31
$
22,078,000
.....
2014
6.32
6.33
$
22,425,000
.......
.....
2015
7.1The 2014 appropriation includes $3,008,000 for 2013 and $19,070,000 for 2014.
7.2The 2015 appropriation includes $3,001,000 for 2014 and $19,424,000 ....... for 2015.

7.3    Sec. 13. Laws 2013, chapter 116, article 8, section 5, subdivision 4, is amended to read:
7.4    Subd. 4. Health and developmental screening aid. For health and developmental
7.5screening aid under Minnesota Statutes, sections 121A.17 and 121A.19:
7.6
$
3,421,000
.....
2014
7.7
7.8
$
3,344,000
.......
.....
2015
7.9The 2014 appropriation includes $474,000 for 2013 and $2,947,000 for 2014.
7.10The 2015 appropriation includes $463,000 for 2014 and $2,881,000 $....... for 2015.

7.11    Sec. 14. Laws 2013, chapter 116, article 8, section 5, subdivision 14, is amended to read:
7.12    Subd. 14. Adult basic education aid. For adult basic education aid under
7.13Minnesota Statutes, section 124D.531:
7.14
7.15
$
47,005,000
48,791,000
.....
2014
7.16
7.17
$
48,145,000
48,414,000
.....
2015
7.18The 2014 appropriation includes $6,284,000 for 2013 and $40,721,000 $42,502,000
7.19 for 2014.
7.20The 2015 appropriation includes $6,409,000 $4,722,000 for 2014 and $41,736,000
7.21 $43,692,000 for 2015.

7.22    Sec. 15. STATE BOND AUTHORIZATION.
7.23    Subdivision 1. Appropriation; heating, ventilation, and air conditioning. $.......
7.24is appropriated from the bond proceeds fund to the commissioner of education for heating,
7.25ventilation, and air conditioning grants under Minnesota Statutes, section 123B.645.
7.26    Subd. 2. Appropriation; full-day kindergarten. $....... is appropriated from the
7.27bond proceeds fund to the commissioner of education for full-day kindergarten grants
7.28under Minnesota Statutes, sections 123A.441 to 123A.446.
7.29    Subd. 3. Bond proceeds fund. To provide the money appropriated in subdivisions 1
7.30and 2 from the bond proceeds fund, the commissioner of management and budget shall
7.31sell and issue bonds of the state in an amount up to $....... in the manner, upon the terms,
7.32and with the effect prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, and
7.33by the Minnesota Constitution, article XI, sections 4 to 7.
8.1EFFECTIVE DATE.This section is effective the day following final enactment.
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