1.1 	A bill for an act
1.2 	relating to education finance; restoring funding for
1.3 	limited English proficiency programs; amending
1.4 	Minnesota Statutes 2004, section 124D.59, subdivision
1.5 	2.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2004, section 124D.59,
1.8 	subdivision 2, is amended to read:
1.9 		Subd. 2.Pupil of limited english proficiency.  (a)
1.10 	"Pupil of limited English proficiency" means a pupil in
1.11 	kindergarten through grade 12 who meets the following
1.12 	requirements:
1.13 	(1) the pupil, as declared by a parent or guardian first
1.14 	learned a language other than English, comes from a home where
1.15 	the language usually spoken is other than English, or usually
1.16 	speaks a language other than English; and
1.17 	(2) the pupil is determined by developmentally appropriate
1.18 	measures, which might include observations, teacher judgment,
1.19 	parent recommendations, or developmentally appropriate
1.20 	assessment instruments, to lack the necessary English skills to
1.21 	participate fully in classes taught in English.
1.22 	(b) Notwithstanding paragraph (a), a pupil in grades 4
1.23 	through 12 who was enrolled in a Minnesota public school on the
1.24 	dates during the previous school year when a commissioner
1.25 	provided assessment that measures the pupil's emerging academic
2.1 	English was administered, shall not be counted as a pupil of
2.2 	limited English proficiency in calculating limited English
2.3 	proficiency pupil units under section 126C.05, subdivision 17,
2.4 	and shall not generate state limited English proficiency aid
2.5 	under section 124D.65, subdivision 5, unless the pupil scored
2.6 	below the state cutoff score on an assessment measuring emerging
2.7 	academic English provided by the commissioner during the
2.8 	previous school year.
2.9 	(c) Notwithstanding paragraphs (a) and (b), a pupil in
2.10 	kindergarten through grade 12 shall not be counted as a pupil of
2.11 	limited English proficiency in calculating limited English
2.12 	proficiency pupil units under section 126C.05, subdivision 17,
2.13 	and shall not generate state limited English proficiency aid
2.14 	under section 124D.65, subdivision 5, if:
2.15 	(1) the pupil is not enrolled during the current fiscal
2.16 	year in an educational program for pupils of limited English
2.17 	proficiency in accordance with sections 124D.58 to 124D.64; or 
2.18 	(2) the pupil has generated five or more years of average
2.19 	daily membership in Minnesota public schools since July 1, 1996.
2.20 	
EFFECTIVE DATE. This section is effective July 1, 2005,
2.21 	for revenue for fiscal year 2006.