1.1                          A bill for an act 
  1.2             relating to education; describing a continual learning 
  1.3             plan; ensuring that a pupil enrolled in a learning 
  1.4             year program has sufficient time to complete district 
  1.5             graduation requirements; establishing a process to 
  1.6             correct audit findings; prohibiting a penalty; 
  1.7             amending Minnesota Statutes 2000, sections 124D.128, 
  1.8             subdivision 3, by adding a subdivision; 126C.05, 
  1.9             subdivision 15. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 2000, section 124D.128, 
  1.12  subdivision 3, is amended to read: 
  1.13     Subd. 3.  [STUDENT PLANNING; HOURS OF INSTRUCTION.] (a) A 
  1.14  district must inform all pupils and their parents about the 
  1.15  learning year program.  A continual learning plan must be 
  1.16  developed for each pupil with the participation of the pupil, 
  1.17  parent or guardian, teachers, and other staff.  The plan must 
  1.18  specify the learning experiences that must occur each year and, 
  1.19  for secondary students, for graduation.  A school district must 
  1.20  develop a process for implementing a learning year program that 
  1.21  informs all pupils and their parents or guardians about the 
  1.22  learning year program and develops a continual learning plan for 
  1.23  each pupil.  The learning plan must: 
  1.24     (1) involve the participation of the pupil, the pupil's 
  1.25  parent or guardian, the pupil's teachers, and other school 
  1.26  staff; and 
  1.27     (2) identify the courses or credits the pupil plans to 
  2.1   complete each year and, for a secondary pupil, identifies the 
  2.2   graduation requirements the pupil must complete. 
  2.3   The plan may be modified to conform to district schedule 
  2.4   changes.  The district may not modify the plan if the 
  2.5   modification would result in delaying the student's time of 
  2.6   graduation.  
  2.7      (b) A student who has not completed a school district's 
  2.8   graduation requirements may continue to enroll in courses the 
  2.9   student must complete in order to graduate until the student 
  2.10  satisfies the district's graduation requirements or the student 
  2.11  is 21 years old, whichever comes first. 
  2.12     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
  2.13  following final enactment.  
  2.14     Sec. 2.  Minnesota Statutes 2000, section 124D.128, is 
  2.15  amended by adding a subdivision to read: 
  2.16     Subd. 6a.  [PROCESS TO ADDRESS AUDIT FINDINGS.] (a) If, 
  2.17  during an audit of a district's learning year program, the 
  2.18  commissioner finds that the district is not meeting program 
  2.19  requirements, the commissioner must notify the board of that 
  2.20  district in writing.  The notice must specify the findings in 
  2.21  detail, set a reasonable time within which the district must 
  2.22  correct the specified findings, describe the correction 
  2.23  required, and advise that if the correction is not made within 
  2.24  the time allowed, general education revenue to the district will 
  2.25  be reduced.  The commissioner may extend the time allowed for 
  2.26  the correction. 
  2.27     (b) A board that receives a notice under paragraph (a) may 
  2.28  decide, by a majority vote of the whole board, to dispute that: 
  2.29     (1) the specified finding exists; 
  2.30     (2) the time allowed is reasonable; or 
  2.31     (3) the commissioner may reduce district general education 
  2.32  revenue. 
  2.33  The board must give the commissioner written notice of the 
  2.34  board's decision.  After making any further investigations the 
  2.35  commissioner deems necessary, the commissioner must decide 
  2.36  whether or not to adhere to the commissioner's original notice 
  3.1   and must notify the board of the commissioner's decision. 
  3.2      (c) The commissioner is prohibited from reducing a 
  3.3   district's general education revenue if the district corrects 
  3.4   the specified finding within the time permitted or, after 
  3.5   receiving a district's notice disputing the finding, the 
  3.6   commissioner decides the finding does not exist. 
  3.7      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
  3.8   following final enactment.  
  3.9      Sec. 3.  Minnesota Statutes 2000, section 126C.05, 
  3.10  subdivision 15, is amended to read: 
  3.11     Subd. 15.  [LEARNING YEAR PUPIL UNITS.] (a) When a pupil is 
  3.12  enrolled in a learning year program under section 124D.128, an 
  3.13  area learning center under sections 123A.05 and 123A.06, an 
  3.14  alternative program approved by the commissioner, or a contract 
  3.15  alternative program under section 124D.68, subdivision 3, 
  3.16  paragraph (d), or subdivision 3a, for more than 1,020 hours in a 
  3.17  school year for a secondary student, more than 935 hours in a 
  3.18  school year for an elementary student, or more than 425 hours in 
  3.19  a school year for a kindergarten student without a disability, 
  3.20  that pupil may be counted as more than one pupil in average 
  3.21  daily membership.  The amount in excess of one pupil must be 
  3.22  determined by the ratio of the number of hours of instruction 
  3.23  provided to that pupil in excess of:  (i) the greater of 1,020 
  3.24  hours or the number of hours required for a full-time secondary 
  3.25  pupil in the district to 1,020 for a secondary pupil; (ii) the 
  3.26  greater of 935 hours or the number of hours required for a 
  3.27  full-time elementary pupil in the district to 935 for an 
  3.28  elementary pupil in grades 1 through 6; and (iii) the greater of 
  3.29  425 hours or the number of hours required for a full-time 
  3.30  kindergarten student without a disability in the district to 425 
  3.31  for a kindergarten student without a disability.  Hours that 
  3.32  occur after the close of the instructional year in June shall be 
  3.33  attributable to the following fiscal year.  A kindergarten 
  3.34  student must not be counted as more than 1.2 pupils in average 
  3.35  daily membership under this subdivision. 
  3.36     (b)(i) To receive general education revenue for a pupil in 
  4.1   an alternative program that has an independent study component, 
  4.2   a district must meet the requirements in this paragraph.  The 
  4.3   district must develop, with the pupil, a continual learning plan 
  4.4   for the pupil, consistent with section 124D.128, subdivision 3.  
  4.5   A district must allow a minor pupil's parent or guardian to 
  4.6   participate in developing the plan, if the parent or guardian 
  4.7   wants to participate.  The plan must identify the learning 
  4.8   experiences and expected outcomes needed for satisfactory credit 
  4.9   for the year and for graduation.  The plan must be updated each 
  4.10  year.  Each school district that has a state-approved public 
  4.11  alternative program must reserve revenue in an amount equal to 
  4.12  at least 90 percent of the district average general education 
  4.13  revenue per pupil unit less compensatory revenue per pupil unit 
  4.14  times the number of pupil units generated by students attending 
  4.15  a state-approved public alternative program.  The amount of 
  4.16  reserved revenue available under this subdivision may only be 
  4.17  spent for program costs associated with the state-approved 
  4.18  public alternative program.  Compensatory revenue must be 
  4.19  allocated according to section 126C.15, subdivision 2. 
  4.20     (ii) General education revenue for a pupil in an approved 
  4.21  alternative program without an independent study component must 
  4.22  be prorated for a pupil participating for less than a full year, 
  4.23  or its equivalent.  Each school district that has a 
  4.24  state-approved public alternative program must reserve revenue 
  4.25  in an amount equal to at least 90 percent of the district 
  4.26  average general education revenue per pupil unit less 
  4.27  compensatory revenue per pupil unit times the number of pupil 
  4.28  units generated by students attending a state-approved public 
  4.29  alternative program.  The amount of reserved revenue available 
  4.30  under this subdivision may only be spent for program costs 
  4.31  associated with the state-approved public alternative program.  
  4.32  Compensatory revenue must be allocated according to section 
  4.33  126C.15, subdivision 2.  
  4.34     (iii) General education revenue for a pupil in an approved 
  4.35  alternative program that has an independent study component must 
  4.36  be paid for each hour of teacher contact time and each hour of 
  5.1   independent study time completed toward a credit or graduation 
  5.2   standards necessary for graduation.  Average daily membership 
  5.3   for a pupil shall equal the number of hours of teacher contact 
  5.4   time and independent study time divided by 1,020. 
  5.5      (iv) For an alternative program having an independent study 
  5.6   component, the commissioner shall require a description of the 
  5.7   courses in the program, the kinds of independent study involved, 
  5.8   the expected learning outcomes of the courses, and the means of 
  5.9   measuring student performance against the expected outcomes.  
  5.10     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
  5.11  following final enactment.  
  5.12     Sec. 4.  [NO DEPARTMENT OF CHILDREN, FAMILIES, AND LEARNING 
  5.13  AUDIT PENALTY.] 
  5.14     Notwithstanding other law or rule to the contrary, the 
  5.15  commissioner of children, families, and learning is prohibited 
  5.16  from imposing any penalty, including a financial penalty, on 
  5.17  independent school district No. 138, North Branch, as a result 
  5.18  of any findings, including findings 7, 8, and 11, contained in a 
  5.19  department of children, families, and learning 1998-1999 fiscal 
  5.20  year audit of pupil unit counts related to the district's 
  5.21  learning year program under Minnesota Statutes, section 124D.128.
  5.22     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
  5.23  following final enactment.