1.1                          A bill for an act 
  1.2             relating to education; establishing an education 
  1.3             voucher program; appropriating money; proposing coding 
  1.4             for new law in Minnesota Statutes, chapter 120. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [120.063] [STUDENT AND FAMILY EDUCATION CHOICE 
  1.7   THROUGH VOUCHERS.] 
  1.8      Subdivision 1.  [COMMISSIONER ADMINISTERS.] The 
  1.9   commissioner shall administer the voucher program set out in 
  1.10  this section. 
  1.11     Subd. 2.  [PURPOSES.] The purposes of the voucher program 
  1.12  are: 
  1.13     (1) to provide expanded learning opportunities for children 
  1.14  who, because of income, have less access to education 
  1.15  opportunities provided by nonpublic schools; 
  1.16     (2) to provide, through competition, added incentives for 
  1.17  the public education system to continue to improve; 
  1.18     (3) to empower parents to determine the type of educational 
  1.19  program they want for their children; 
  1.20     (4) to ensure that a child's right to an education under 
  1.21  the state constitution is met while enabling parents to exercise 
  1.22  more fully their right to direct the upbringing and education of 
  1.23  their children; 
  1.24     (5) to encourage greater parental involvement in education 
  1.25  by increasing family commitment to the school of choice and by 
  2.1   enhancing relationships between school officials and parents; 
  2.2      (6) to recognize the success of Minnesota's existing school 
  2.3   choice programs and to further broaden educational options; and 
  2.4      (7) to accommodate the increasing numbers of school-age 
  2.5   children in a cost-efficient manner by making greater use of 
  2.6   existing school facilities and resources.  
  2.7      Subd. 3.  [ELIGIBLE STUDENT.] (a) Students eligible for the 
  2.8   voucher program are described in this subdivision.  A student 
  2.9   must be of school age and a resident of special school district 
  2.10  No. 1, Minneapolis; independent school district Nos. 286, 
  2.11  Brooklyn Center; or 625, Saint Paul, or an out-state district 
  2.12  chosen by the commissioner.  The commissioner shall establish 
  2.13  criteria to determine the out-state district.  The student's 
  2.14  household income must not be more than 275 percent of the 
  2.15  federal poverty level.  The student must be enrolled in 
  2.16  kindergarten or grade 1 to 12 in a school described in 
  2.17  subdivision 4. 
  2.18     (b) Interested persons residing in out-state areas may 
  2.19  apply to the commissioner for the person's resident district to 
  2.20  be included in the voucher program. 
  2.21     Subd. 4.  [ELIGIBLE SCHOOL.] An eligible student may use a 
  2.22  voucher in an eligible school.  An eligible school must: 
  2.23     (1) be a nonpublic school other than a home school; 
  2.24     (2) be one in which a child is provided instruction in 
  2.25  compliance with sections 120.101 and 120.102; 
  2.26     (3) accept vouchers in payment of tuition and instructional 
  2.27  fees for an eligible student enrolled in the school; 
  2.28     (4) allow the commissioner to periodically verify the 
  2.29  actual enrollment of eligible students; and 
  2.30     (5) use a performance-based accreditation system by an 
  2.31  accrediting agency recognized under Minnesota Statutes, section 
  2.32  123.935, allow its eligible students to participate in the state 
  2.33  graduation standards, or develop and publish performance 
  2.34  standards and assessments based on the performance standards. 
  2.35     Subd. 5.  [PROGRAM PROCEDURE.] The commissioner must make 
  2.36  information available to parents or guardians of school age 
  3.1   children in the eligible school districts, develop a simple 
  3.2   voucher form to implement this subdivision, and provide the 
  3.3   voucher form to those who request it.  The parent or guardian 
  3.4   primarily responsible to pay an eligible student's tuition must 
  3.5   fill out the voucher form and certify the student's residency 
  3.6   and household income eligibility.  The parent or guardian must 
  3.7   then assign the voucher to the eligible school that enrolls the 
  3.8   student.  The school must certify the student's enrollment and 
  3.9   tuition and instructional fees to redeem the voucher.  The 
  3.10  commissioner must pay the amount of the redeemed voucher to the 
  3.11  eligible school. 
  3.12     Subd. 6.  [BASIC VOUCHER AMOUNT.] (a) Subject to paragraphs 
  3.13  (b) and (c), the amount of an eligible student's voucher will 
  3.14  vary from $500 for a student whose household income is at 275 
  3.15  percent of the federal poverty level to $3,000 for a student 
  3.16  whose household income is at or below 130 percent of the federal 
  3.17  poverty level.  The commissioner shall adopt a sliding scale for 
  3.18  voucher amounts for students with household incomes between 130 
  3.19  and 275 percent of the federal poverty level. 
  3.20     (b) The basic voucher amount is for the cost of tuition and 
  3.21  instructional fees. 
  3.22     (c) The voucher amount for an eligible student enrolled at 
  3.23  an eligible school for less than a full school year must be 
  3.24  prorated. 
  3.25     Subd. 7.  [SPECIAL EDUCATION.] (a) After the basic 
  3.26  education voucher is calculated, a parent or guardian may 
  3.27  request a special education voucher.  Subject to paragraph (b), 
  3.28  the special education voucher amount is the state average 
  3.29  special education revenue per special education student.  The 
  3.30  parent or guardian of a student is responsible to annually 
  3.31  submit the certification of the student's qualification for 
  3.32  special education services. 
  3.33     (b) The special education voucher amount is for the cost of 
  3.34  providing special education instruction and services. 
  3.35     (c) Any law or rule requiring a resident district to 
  3.36  provide special education instruction and services for a 
  4.1   resident student shall not apply to an eligible student 
  4.2   receiving a special education voucher. 
  4.3      Subd. 8.  [TRANSPORTATION.] (a) After the basic education 
  4.4   voucher is calculated, a parent or guardian may request a 
  4.5   transportation voucher.  The transportation voucher amount is 
  4.6   the per pupil amount of nonpublic pupil transportation revenue 
  4.7   for the resident district.  
  4.8      (b) Any law or rule requiring a district to provide 
  4.9   transportation for a resident student shall not apply to an 
  4.10  eligible student receiving a transportation voucher. 
  4.11     Subd. 9.  [TUITION CHARGE.] An eligible school must not 
  4.12  charge more than its published tuition and instructional fees to 
  4.13  an eligible student.  An eligible school may charge an eligible 
  4.14  student who receives the voucher an amount equal to the 
  4.15  difference between the student's voucher amount and the sum of 
  4.16  the school's tuition and instructional fees. 
  4.17     Sec. 2.  [120.0631] [OTHER AIDS.] 
  4.18     (a) A school district may include an eligible student who 
  4.19  attended a public school in the district in the year directly 
  4.20  preceding the year the student first received a voucher and is 
  4.21  currently receiving a voucher, in its total pupil count for 
  4.22  purposes of otherwise applicable school revenue programs.  The 
  4.23  commissioner shall reduce the amount of state aids to which a 
  4.24  district is entitled by the amount of the basic voucher and 
  4.25  special education and transportation vouchers as they apply. 
  4.26     (b) A student receiving a transportation voucher is not 
  4.27  eligible for aid under section 124.225, subdivision 16. 
  4.28     (c) A student receiving a basic voucher is not eligible for 
  4.29  aid under sections 123.931 to 123.947. 
  4.30     Sec. 3.  [120.0632] [IMPLEMENTATION GUIDELINES.] 
  4.31     The commissioner shall adopt guidelines and implement the 
  4.32  voucher program.  The guidelines must be adopted with the advice 
  4.33  and consent of the council established under section 123.935, 
  4.34  subdivision 7.  The guidelines must include:  (1) the manner of 
  4.35  payments, which shall be in the form of a voucher redeemable 
  4.36  upon presentation to the department of children, families, and 
  5.1   learning by an eligible school for services provided; (2) a 
  5.2   process for verification of student eligibility before payment 
  5.3   of the basic voucher; (3) the process for verification of 
  5.4   student eligibility before payment of the special education 
  5.5   voucher; and (4) the pupil application form and submission 
  5.6   process.  
  5.7      Sec. 4.  [120.0633] [EDUCATION VOUCHER PROGRAM 
  5.8   APPROPRIATION.] 
  5.9      For fiscal year 1998 and thereafter, there is annually 
  5.10  appropriated from the general fund to the department of 
  5.11  children, families, and learning the amount necessary for the 
  5.12  education voucher program.  This amount shall be reduced by the 
  5.13  amount of any money specifically appropriated for the same 
  5.14  purpose in any year from any state fund.  
  5.15     Sec. 5.  [APPROPRIATION.] 
  5.16     $15,000,000 in fiscal year 1997 is appropriated from the 
  5.17  general fund to the commissioner of the department of children, 
  5.18  families, and learning to implement sections 1 and 3 and to 
  5.19  redeem vouchers for the 1996-1997 school year. 
  5.20     Sec. 6.  [EFFECTIVE DATES.] 
  5.21     Sections 1, 2, 3, and 5 are effective the day following 
  5.22  final enactment to make the voucher program operational for the 
  5.23  1996-1997 school year and thereafter.  Section 4 is effective 
  5.24  July 1, 1997.