1.1                          A bill for an act
  1.2             relating to education; extending the Post-secondary 
  1.3             Enrollment Options Act to include nonpublic school 
  1.4             students; amending Minnesota Statutes 1996, section 
  1.5             123.3514, subdivisions 3, 4, 4a, 4e, and 6c. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1996, section 123.3514, 
  1.8   subdivision 3, is amended to read: 
  1.9      Subd. 3.  [DEFINITIONS.] For purposes of this section, an 
  1.10  "eligible institution" means a Minnesota public post-secondary 
  1.11  institution, a private, nonprofit two-year trade and technical 
  1.12  school granting associate degrees, an opportunities 
  1.13  industrialization center accredited by the north central 
  1.14  association of colleges and schools, or a private, residential, 
  1.15  two-year or four-year, liberal arts, degree-granting college or 
  1.16  university located in Minnesota.  "Course" means a course or 
  1.17  program.  "Pupil" means a student receiving instruction under 
  1.18  section 120.101 and, if the student is receiving instruction in 
  1.19  other than a public school, the student registers in the 
  1.20  district in which the student resides for the purpose of 
  1.21  enrolling in a course or program under this section. 
  1.22     Sec. 2.  Minnesota Statutes 1996, section 123.3514, 
  1.23  subdivision 4, is amended to read: 
  1.24     Subd. 4.  [AUTHORIZATION; NOTIFICATION.] Notwithstanding 
  1.25  any other law to the contrary, an 11th or 12th grade pupil 
  2.1   enrolled in a public school or an American Indian-controlled 
  2.2   tribal contract or grant school eligible for aid under section 
  2.3   124.86, except a foreign exchange pupil enrolled in a district 
  2.4   under a cultural exchange program, may apply to an eligible 
  2.5   institution, as defined in subdivision 3, to enroll in 
  2.6   nonsectarian courses offered by that post-secondary 
  2.7   institution.  If an institution accepts a secondary pupil for 
  2.8   enrollment under this section, the institution shall send 
  2.9   written notice to the pupil, the pupil's school or school 
  2.10  district, and the commissioner of children, families, and 
  2.11  learning within ten days of acceptance.  The notice shall 
  2.12  indicate the course and hours of enrollment of that pupil.  If 
  2.13  the pupil enrolls in a course for post-secondary credit, the 
  2.14  institution shall notify the pupil about payment in the 
  2.15  customary manner used by the institution. 
  2.16     Sec. 3.  Minnesota Statutes 1996, section 123.3514, 
  2.17  subdivision 4a, is amended to read: 
  2.18     Subd. 4a.  [COUNSELING.] To the extent possible, the school 
  2.19  or school district shall provide counseling services to pupils 
  2.20  and their parents or guardian before the pupils enroll in 
  2.21  courses under this section to ensure that the pupils and their 
  2.22  parents or guardian are fully aware of the risks and possible 
  2.23  consequences of enrolling in post-secondary courses.  The school 
  2.24  or school district shall provide information on the program 
  2.25  including who may enroll, what institutions and courses are 
  2.26  eligible for participation, the decision-making process for 
  2.27  granting academic credits, financial arrangements for tuition, 
  2.28  books and materials, eligibility criteria for transportation 
  2.29  aid, available support services, the need to arrange an 
  2.30  appropriate schedule, consequences of failing or not completing 
  2.31  a course in which the pupil enrolls, the effect of enrolling in 
  2.32  this program on the pupil's ability to complete the required 
  2.33  high school graduation requirements, and the academic and social 
  2.34  responsibilities that must be assumed by the pupils and their 
  2.35  parents or guardian.  The person providing counseling shall 
  2.36  encourage pupils and their parents or guardian to also use 
  3.1   available counseling services at the post-secondary institutions 
  3.2   before the quarter or semester of enrollment to ensure that 
  3.3   anticipated plans are appropriate.  
  3.4      Prior to enrolling in a course, the pupil and the pupil's 
  3.5   parents or guardian must sign a form that must be provided by 
  3.6   the school or school district and may be obtained from a 
  3.7   post-secondary institution stating that they have received the 
  3.8   information specified in this subdivision and that they 
  3.9   understand the responsibilities that must be assumed in 
  3.10  enrolling in this program.  The department of children, 
  3.11  families, and learning shall, upon request, provide technical 
  3.12  assistance to a school or school district in developing 
  3.13  appropriate forms and counseling guidelines. 
  3.14     Sec. 4.  Minnesota Statutes 1996, section 123.3514, 
  3.15  subdivision 4e, is amended to read: 
  3.16     Subd. 4e.  [COURSES ACCORDING TO AGREEMENTS.] An eligible 
  3.17  pupil, according to subdivision 4, may enroll in a nonsectarian 
  3.18  course taught by a secondary teacher or a post-secondary faculty 
  3.19  member and offered at a secondary school, or another location, 
  3.20  according to an agreement between a public school board and the 
  3.21  governing body of an eligible public post-secondary system or an 
  3.22  eligible private post-secondary institution, as defined in 
  3.23  subdivision 3.  All provisions of this section shall apply to a 
  3.24  pupil, public school board, school district, and the governing 
  3.25  body of a post-secondary institution, except as otherwise 
  3.26  provided. 
  3.27     Sec. 5.  Minnesota Statutes 1996, section 123.3514, 
  3.28  subdivision 6c, is amended to read: 
  3.29     Subd. 6c.  [FINANCIAL ARRANGEMENTS FOR COURSES PROVIDED 
  3.30  ACCORDING TO AGREEMENTS.] (a) The agreement between a public 
  3.31  school board and the governing body of a public post-secondary 
  3.32  system or private post-secondary institution shall set forth the 
  3.33  payment amounts and arrangements, if any, from the public school 
  3.34  board to the post-secondary institution.  No payments shall be 
  3.35  made by the department of children, families, and learning 
  3.36  according to subdivision 6 or 6b.  For the purpose of computing 
  4.1   state aids for a school district, a pupil enrolled according to 
  4.2   subdivision 4e shall be counted in the average daily membership 
  4.3   of the school district as though the pupil were enrolled in a 
  4.4   secondary course that is not offered in connection with an 
  4.5   agreement.  Nothing in this subdivision shall be construed to 
  4.6   prohibit a public post-secondary system or private 
  4.7   post-secondary institution from receiving additional state 
  4.8   funding that may be available under any other law.  
  4.9      (b) If a course is provided under subdivision 4e, offered 
  4.10  at a secondary school, and taught by a secondary teacher, the 
  4.11  post-secondary system or institution must not require a payment 
  4.12  from the school board that exceeds the cost to the 
  4.13  post-secondary institution that is directly attributable to 
  4.14  providing that course. 
  4.15     Sec. 6.  [EFFECTIVE DATE.] 
  4.16     Sections 1 to 5 are effective for the 1997-1998 school year 
  4.17  and thereafter.