1.1                          A bill for an act 
  1.2             relating to education; establishing enrollment options 
  1.3             for students at low-performing schools; proposing 
  1.4             coding for new law in Minnesota Statutes, chapter 124D.
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [124D.031] [ENROLLMENT OPTIONS FOR STUDENTS AT 
  1.7   LOW-PERFORMING SCHOOLS.] 
  1.8      Subdivision 1.  [STUDENT ENROLLMENT OPTIONS.] (a) A student 
  1.9   who attends a persistently low-performing school for at least 
  1.10  one school year and whose family income is equal to or less than 
  1.11  175 percent of the federal poverty level is eligible to enroll 
  1.12  in a nonpublic school under this section or a nonresident 
  1.13  district school or program under section 124D.03.  
  1.14     (b) For the purposes of this section, "persistently 
  1.15  low-performing school" means a school that has student 
  1.16  performance levels for at least three consecutive school years 
  1.17  immediately preceding the school year a student is enrolling in 
  1.18  a nonpublic school under this section or a nonresident district 
  1.19  school or program under section 124D.03 in one or more of the 
  1.20  following: 
  1.21     (1) 50 percent or more third grade students score in 
  1.22  achievement level 1 on the reading or mathematics tests of the 
  1.23  Minnesota comprehensive assessments; 
  1.24     (2) 50 percent or more fifth grade students score in 
  1.25  achievement level 1 on the reading, mathematics, or writing 
  2.1   tests of the Minnesota comprehensive assessments; 
  2.2      (3) 50 percent or more students in high school receive a 
  2.3   score of 1, or the equivalent, on the high school statewide 
  2.4   tests used as indicators for identifying low-performing schools; 
  2.5   or 
  2.6      (4) 50 percent or more students in secondary school do not 
  2.7   receive a passing score when first tested on the basic 
  2.8   requirements in reading, mathematics, or writing. 
  2.9      Subd. 2.  [ELIGIBLE NONPUBLIC SCHOOLS.] To be eligible to 
  2.10  participate under this section, a nonpublic school must comply 
  2.11  with chapter 363 and section 121A.04, accept students on a 
  2.12  random basis, except that the nonpublic school may give 
  2.13  preference to the siblings of students already enrolled in the 
  2.14  nonpublic school, and notify the commissioner of its intent to 
  2.15  participate.  The nonpublic school must comply with student 
  2.16  state testing requirements.  The nonpublic school also must 
  2.17  demonstrate to the commissioner that: 
  2.18     (1) at least 75 percent of the students enrolled in the 
  2.19  nonpublic school advance one grade level each year; 
  2.20     (2) the nonpublic school's average attendance rate is at 
  2.21  least 90 percent; and 
  2.22     (3) at least 75 percent of the families of students 
  2.23  enrolled in the nonpublic school meet the school's criteria for 
  2.24  parental involvement. 
  2.25     The commissioner shall ensure that the nonpublic school 
  2.26  complies with the requirements of this subdivision. 
  2.27     Subd. 3.  [TUITION FUNDING FOR STUDENTS TRANSFERRING TO 
  2.28  NONPUBLIC SCHOOLS.] If a student transfers to a nonpublic school 
  2.29  under this section, and upon receiving proof that the student is 
  2.30  enrolled in the nonpublic school, the commissioner shall make 
  2.31  quarterly payments to the student's parent or guardian in an 
  2.32  amount equal to the lesser of the state average general 
  2.33  education revenue per pupil unit, calculated without 
  2.34  transportation sparsity revenue or the nonpublic school's 
  2.35  operating and debt service cost per pupil that is related to 
  2.36  educational programming, as determined by the commissioner.  The 
  3.1   commissioner shall send the check to the nonpublic school and 
  3.2   the parent or guardian shall restrictively endorse the check for 
  3.3   the nonpublic school's use. 
  3.4      Subd. 4.  [STUDENT TRANSPORTATION.] A resident school 
  3.5   district is responsible for providing transportation within the 
  3.6   district's borders for a student who enrolls in a nonpublic 
  3.7   school under this section and shall receive transportation 
  3.8   funding equal to the actual costs in the current school year for 
  3.9   those transportation services. 
  3.10     Subd. 5.  [FUNDING FOR STUDENT TESTING.] The state shall 
  3.11  pay the nonpublic school costs of administering state tests. 
  3.12     Subd. 6.  [CURRICULUM REVIEW; EXEMPTION FROM 
  3.13  INSTRUCTION.] A nonpublic school must provide a procedure for a 
  3.14  parent, guardian, or an adult student, 18 years of age or older, 
  3.15  to review the content of instructional materials, and if found 
  3.16  objectionable, the student shall be exempt from the instruction 
  3.17  upon request. 
  3.18     Subd. 7.  [FINANCIAL AUDIT.] A nonpublic school enrolling 
  3.19  students under this section must submit to the commissioner by 
  3.20  November 15 of each year a summary of audited financial data for 
  3.21  the preceding fiscal year. 
  3.22     Subd. 8.  [LIST OF NONPUBLIC SCHOOLS.] The commissioner 
  3.23  shall publish a list of participating nonpublic schools and 
  3.24  their enrollment policies.