1.1                          A bill for an act 
  1.2             relating to education; increasing the general 
  1.3             education basic formula allowance; increasing the 
  1.4             pupil unit weightings; expanding learning and 
  1.5             development revenue; reducing class size; 
  1.6             appropriating money; amending Minnesota Statutes 1998, 
  1.7             sections 126C.05, subdivision 1; 126C.10, subdivision 
  1.8             2; and 126C.12, subdivisions 1, 2, 3, and 4. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1998, section 126C.05, 
  1.11  subdivision 1, is amended to read: 
  1.12     Subdivision 1.  [PUPIL UNIT.] Pupil units for each 
  1.13  Minnesota resident pupil in average daily membership enrolled in 
  1.14  the district of residence, in another district under sections 
  1.15  123A.05 to 123A.08, 124D.03, 124D.06, 124D.07, 124D.08, or 
  1.16  124D.68; in a charter school under section 124D.10; or for whom 
  1.17  the resident district pays tuition under section 123A.18, 
  1.18  123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88, 
  1.19  subdivision 4, 124D.04, 124D.05, 125A.03 to 125A.24, 125A.51, or 
  1.20  125A.65, shall be counted according to this subdivision.  
  1.21     (a) A prekindergarten pupil with a disability who is 
  1.22  enrolled in a program approved by the commissioner and has an 
  1.23  individual education plan is counted as the ratio of the number 
  1.24  of hours of assessment and education service to 825 with a 
  1.25  minimum of 0.28, but not more than one. 
  1.26     (b) A prekindergarten pupil who is assessed but determined 
  1.27  not to be handicapped is counted as the ratio of the number of 
  2.1   hours of assessment service to 825.  
  2.2      (c) A kindergarten pupil with a disability who is enrolled 
  2.3   in a program approved by the commissioner is counted as the 
  2.4   ratio of the number of hours of assessment and education 
  2.5   services required in the fiscal year by the pupil's individual 
  2.6   education program plan to 875, but not more than one. 
  2.7      (d) A kindergarten pupil who is not included in paragraph 
  2.8   (c) is counted as ~~.53~~ .57 of a pupil unit for fiscal year 1995 
  2.9   and thereafter. 
  2.10     (e) A pupil who is in any of grades 1 to 6 is counted as 
  2.11  ~~1.06~~ 1.14 pupil units for fiscal year 1995 and thereafter. 
  2.12     (f) A pupil who is in any of grades 7 to 12 is counted as 
  2.13  ~~1.3~~ 1.36 pupil units.  
  2.14     (g) A pupil who is in the post-secondary enrollment options 
  2.15  program is counted as ~~1.3~~ 1.36 pupil units.  
  2.16     Sec. 2.  Minnesota Statutes 1998, section 126C.10, 
  2.17  subdivision 2, is amended to read: 
  2.18     Subd. 2.  [BASIC REVENUE.] The basic revenue for each 
  2.19  district equals the formula allowance times the resident pupil 
  2.20  units for the school year.  ~~The formula allowance for fiscal~~ 
  2.21  ~~year 1997 is $3,505.~~  The formula allowance for fiscal year ~~1998~~ 
  2.22  ~~is $3,581 and the formula allowance for fiscal year~~ 1999 ~~and~~ 
  2.23  ~~fiscal year 2000~~ is $3,530.  The formula allowance for fiscal 
  2.24  year 2000 is $3,830 and the formula allowance for fiscal year 
  2.25  2001 and subsequent fiscal years is ~~$3,597~~ $3,897. 
  2.26     Sec. 3.  Minnesota Statutes 1998, section 126C.12, 
  2.27  subdivision 1, is amended to read: 
  2.28     Subdivision 1.  [REVENUE.] Of a district's general 
  2.29  education revenue an amount equal to clauses (1) and (2) must be 
  2.30  reserved according to this section: 
  2.31     (1) the sum of the number of elementary fund balance pupils 
  2.32  in average daily membership defined in section 126C.05, 
  2.33  subdivision 5, and one-half of the number of kindergarten fund 
  2.34  balance pupils in average daily membership as defined in section 
  2.35  126C.05, subdivision 5, times ~~.06~~ .14 for fiscal year ~~1995~~ 2000 
  2.36  and thereafter times the formula allowance ~~must be reserved~~ 
  3.1   ~~according to this section.~~; and 
  3.2      (2) the sum of the number of secondary fund balance pupils 
  3.3   in average daily membership defined in section 126C.05, 
  3.4   subdivision 5, times .06 for fiscal year 2000 and thereafter. 
  3.5      Sec. 4.  Minnesota Statutes 1998, section 126C.12, 
  3.6   subdivision 2, is amended to read: 
  3.7      Subd. 2.  [INSTRUCTOR DEFINED.] ~~Primary~~ (a) Elementary 
  3.8   instructor means a public employee licensed by the board of 
  3.9   teaching whose duties are full-time instruction and who is the 
  3.10  primary classroom teacher for students enrolled in grades 
  3.11  kindergarten through 6, excluding ~~a~~ specialists and any teacher 
  3.12  for whom categorical aids are received pursuant to sections 
  3.13  125A.76 and 125A.77.  Except as provided in section 122A.68, 
  3.14  subdivision 6, instructor does not include supervisory and 
  3.15  support personnel, except school social workers as defined in 
  3.16  section 122A.15.  An elementary instructor whose duties are less 
  3.17  than full-time instruction must be included as an equivalent 
  3.18  only for the number of hours of instruction in grades 
  3.19  kindergarten through 6. 
  3.20     (b) Secondary instructor means a public employee licensed 
  3.21  by the board of teaching whose duties are full-time instruction, 
  3.22  excluding a teacher for whom categorical aids are received 
  3.23  pursuant to sections 125A.76 and 125A.77.  Except as provided in 
  3.24  section 122A.68, subdivision 6, secondary instructor does not 
  3.25  include supervisory and support personnel.  A secondary 
  3.26  instructor whose duties are less than full-time instruction must 
  3.27  be included as an equivalent only for the number of hours of 
  3.28  instruction in grades 7 through 12. 
  3.29     Sec. 5.  Minnesota Statutes 1998, section 126C.12, 
  3.30  subdivision 3, is amended to read: 
  3.31     Subd. 3.  [INSTRUCTION CONTACT TIME.] Instruction may be 
  3.32  provided by ~~a primary~~ an elementary or secondary instructor, by 
  3.33  a team of instructors, or by teacher resident supervised by ~~a~~ 
  3.34  ~~primary~~ an elementary or secondary instructor.  The district 
  3.35  must maximize instructor to learner average instructional 
  3.36  contact time. 
  4.1      Sec. 6.  Minnesota Statutes 1998, section 126C.12, 
  4.2   subdivision 4, is amended to read: 
  4.3      Subd. 4.  [REVENUE USE.] (a) Revenue generated from 
  4.4   subdivision 1, clause (1), must be used according to either 
  4.5   paragraph (b) or (c).  Revenue generated from subdivision 1, 
  4.6   clause (2), must be used according to either paragraph (d) or 
  4.7   (e). 
  4.8      (b) Revenue must be used to reduce and maintain the 
  4.9   district's instructor to learner ratios in kindergarten through 
  4.10  grade ~~6~~ 3 to a level of 1 to 17 on average and in grades 4 
  4.11  through 6 to a level of 1 to 19 on average.  The district must 
  4.12  prioritize the use of the revenue to attain ~~this level~~ these 
  4.13  levels initially in kindergarten and grade 1 and then through 
  4.14  the subsequent grades as revenue is available.  
  4.15     (c) The revenue may be used to prepare and use an 
  4.16  individualized learning plan for each learner.  A district must 
  4.17  not increase the district wide instructor-to-learner ratios in 
  4.18  other grades as a result of reducing instructor-to-learner 
  4.19  ratios in kindergarten through grade 6.  Revenue may not be used 
  4.20  to provide instructor preparation time or to provide the 
  4.21  district's share of revenue required under section 124D.67.  A 
  4.22  district may use a portion of the revenue reserved under this 
  4.23  section to employ up to the same number of full-time equivalent 
  4.24  education assistants or aides as the district employed during 
  4.25  the 1992-1993 school year under Minnesota Statutes 1992, section 
  4.26  124.331, subdivision 2. 
  4.27     (d) Revenue must be used to reduce and maintain the 
  4.28  district's instructor to learner ratios in grades 7 through 9 to 
  4.29  a level of 1 to 21 on average and in grades 10 through 12 to a 
  4.30  level of 1 to 23 on average.  The district must prioritize the 
  4.31  use of the revenue to attain these levels initially in grades 7 
  4.32  and 8 and then through the subsequent grades as revenue is 
  4.33  available. 
  4.34     (e) The revenue may be used to prepare and use an 
  4.35  individualized learning plan for each learner.  A district must 
  4.36  not increase the district wide instructor-to-learner ratios in 
  5.1   other grades as a result of reducing instructor-to-learner 
  5.2   ratios in grades 7 through 12.  Revenue may not be used to 
  5.3   provide instructor preparation time or to provide the district's 
  5.4   share of revenue required under section 124D.67.  A district may 
  5.5   use a portion of the revenue reserved under this section to 
  5.6   employ up to the same number of full-time equivalent education 
  5.7   assistants or aides as the district employed during the 
  5.8   1998-1999 school year. 
  5.9      Sec. 7.  [EFFECTIVE DATE.] 
  5.10     Sections 1 to 6 are effective the day following final 
  5.11  enactment.