Bill Summary – FastDemocracy

0923.01000
     Sixty-seventh
     Legislative Assembly                     SENATE BILL NO. 2269
     of North Dakota
     Introduced by
       Senator Poolman
       Representative Martinson
  A BILL for an Act to create and enact a new section to chapter 15.1-27 of the North Dakota
  Century Code, relating to school district payments to postsecondary transitional programs for
  students on individualized education programs; and to amend and reenact section 15.1-27-03.1
  of the North Dakota Century Code, relating to the addition of students on individualized
  education programs enrolled in postsecondary transitional programs to the weighted average
  daily membership calculation.
  BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
      SECTION 1. AMENDMENT. Section 15.1-27-03.1 of the North Dakota Century Code is
  amended and reenacted as follows:
     15.1-27-03.1. Weighted average daily membership - Determination. (Effective through
 June 30, 2021)
     1.   For each school district, the superintendent of public instruction shall multiply by:
          a.     1.00 the number of full-time equivalent students enrolled in an extended
                 educational program in accordance with section 15.1-32-17;
          b.     0.60 the number of full-time equivalent students enrolled in a summer education
                 program, including a migrant summer education program;
          c.     0.40 the number of full-time equivalent students who:
                 (1)   On a test of English language proficiency approved by the superintendent of
                       public instruction are determined to be least proficient and placed in the first
                       of six categories of proficiency; and
                 (2)   Are enrolled in a program of instruction for English language learners;
          d.     0.28 the number of full-time equivalent students who:
                 (1)   On a test of English language proficiency approved by the superintendent of
                       public instruction are determined to be more proficient than students placed
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     Legislative Assembly
                      in the first of six categories of proficiency and therefore placed in the second
                      of six categories of proficiency; and
                (2)   Are enrolled in a program of instruction for English language learners;
           e.   0.25 the number of full-time equivalent students under the age of twenty-one
                enrolled in grades nine through twelve in an alternative high school;
           f.   0.20 the number of full-time equivalent students enrolled in a home-based
                education program and monitored by the school district under chapter 15.1-23;
           g.   0.17 the number of full-time equivalent students enrolled in an early childhood
                special education program;
          h.   0.15 the number of full-time equivalent students in grades six through eight
               enrolled in an alternative education program for at least an average of fifteen
               hours per week;
          i.   0.10 the number of students enrolled in average daily membership, if the district
               has fewer than one hundred students enrolled in average daily membership and
               the district consists of an area greater than two hundred seventy-five square
               miles [19424.9 hectares], provided that any school district consisting of an area
               greater than six hundred square miles [155399 hectares] and enrolling fewer than
               fifty students in average daily membership must be deemed to have an
               enrollment equal to fifty students in average daily membership;
          j.   0.082 the number of students enrolled in average daily membership, in order to
               support the provision of special education services;
          k.   0.07 the number of full-time equivalent students who:
               (1)   On a test of English language proficiency approved by the superintendent of
                     public instruction are determined to be more proficient than students placed
                     in the second of six categories of proficiency and therefore placed in the
                     third of six categories of proficiency;
               (2)   Are enrolled in a program of instruction for English language learners; and
               (3)   Have not been in the third of six categories of proficiency for more than
                     three years;
          l.   0.025 the number of students representing that percentage of the total number of
               students in average daily membership which is equivalent to the three-year
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                average percentage of students in grades three through eight who are eligible for
                free or reduced lunches under the Richard B. Russell National School Lunch Act
                [42 U.S.C. 1751 et seq.];
           m.   0.002 the number of students enrolled in average daily membership in a school
                district that is a participating member of a regional education association meeting
                the requirements of chapter 15.1-09.1; and
           n.   0.50 the number of students by which the district's September tenth enrollment
                report exceeds the number of students in the prior year's average daily
                membership.
     2.   The superintendent of public instruction shall determine each school district's weighted
          average daily membership by adding the products derived under subsection 1 to the
          district's average daily membership.
    Weighted average daily membership - Determination. (Effective after June 30, 2021)
     1.   For each school district, the superintendent of public instruction shall multiply by:
          a.   1.00 the number of full-time equivalent students enrolled in an extended
               educational program in accordance with section 15.1-32-17;
          b.   0.60 the number of full-time equivalent students enrolled in a summer education
               program, including a migrant summer education program;
          c.   0.40 the number of full-time equivalent students who:
               (1)   On a test of English language proficiency approved by the superintendent of
                     public instruction are determined to be least proficient and placed in the first
                     of six categories of proficiency; and
               (2)   Are enrolled in a program of instruction for English language learners;
          d.   0.28 the number of full-time equivalent students who:
               (1)   On a test of English language proficiency approved by the superintendent of
                     public instruction are determined to be more proficient than students placed
                     in the first of six categories of proficiency and therefore placed in the second
                     of six categories of proficiency; and
               (2)   Are enrolled in a program of instruction for English language learners;
          e.   0.25 the number of full-time equivalent students under the age of twenty-one
               enrolled in grades nine through twelve in an alternative high school;
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     Legislative Assembly
           f.   0.20 the number of full-time equivalent students enrolled in a home-based
                education program and monitored by the school district under chapter 15.1-23;
           g.   0.17 the number of full-time equivalent students enrolled in an early childhood
                special education program;
           h.   0.15 the number of full-time equivalent students in grades six through eight
                enrolled in an alternative education program for at least an average of fifteen
                hours per week;
           i.   0.10 the number of students enrolled in average daily membership, if the district
                has fewer than one hundred students enrolled in average daily membership and
               the district consists of an area greater than two hundred seventy-five square
               miles [19424.9 hectares], provided that any school district consisting of an area
               greater than six hundred square miles [155399 hectares] and enrolling fewer than
               fifty students in average daily membership must be deemed to have an
               enrollment equal to fifty students in average daily membership;
          j.   0.082 the number of students enrolled in average daily membership, in order to
               support the provision of special education services;
          k.   0.07 the number of full-time equivalent students who:
               (1)   On a test of English language proficiency approved by the superintendent of
                     public instruction are determined to be more proficient than students placed
                     in the second of six categories of proficiency and therefore placed in the
                     third of six categories of proficiency;
               (2)   Are enrolled in a program of instruction for English language learners; and
               (3)   Have not been in the third of six categories of proficiency for more than
                     three years;
          l.   0.025 the number of students representing that percentage of the total number of
               students in average daily membership which is equivalent to the three-year
               average percentage of students in grades three through eight who are eligible for
               free or reduced lunches under the Richard B. Russell National School Lunch Act
               [42 U.S.C. 1751 et seq.];
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     Legislative Assembly
           m.    0.002 the number of students enrolled in average daily membership in a school
                 district that is a participating member of a regional education association meeting
                 the requirements of chapter 15.1-09.1;
            n.   0.60 the number of students by which the district's September tenth enrollment
                 report exceeds the number of students in the prior year's average daily
                 membership increasing the factor annually by 0.10, not to exceed 1.00; and
            o.   For districts paid based on September tenth enrollment in the prior year, 0.50 the
                 number of students determined by deducting the number of students in the prior
                 year's September tenth enrollment from the prior year's average daily
                membership, increasing the factor annually by 0.10, not to exceed 1.00. If the
                prior year's September tenth enrollment exceeds the prior year's average daily
                membership, then a deduction of 0.50 the number of excess students, increasing
                the factor annually by 0.10, not to exceed 1.00.
           p.   1.00 the number of students ages eighteen to twenty-one with a documented
                intellectual or developmental disability, on an individualized education program,
                enrolled in a postsecondary transitional program in a district outside the student's
                district of residence.
     2.   The superintendent of public instruction shall determine each school district's weighted
          average daily membership by adding the products derived under subsection 1 to the
          district's average daily membership.
     SECTION 2. A new section to chapter 15.1-27 of the North Dakota Century Code is created
 and enacted as follows:
     Transitional program payments - Students - Individualized education program.
     Any school district of residence receiving payments under this chapter shall provide
 payments to postsecondary transitional programs for eligible students enrolled in a
 postsecondary transitional program within the state. For purposes of this section, "eligible
 student" means a student between the ages of eighteen and twenty-one with a documented
 intellectual or developmental disability, who is on an individualized education program, and who
 enrolls in a postsecondary transitional program in a district outside the student's district of
 residence. Payments made by a school district of residence to a postsecondary transitional
 program under this section may not exceed the per student rate under section 15.1-27-04.1.
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Statutes affected: 
INTRODUCED: 15.1-27-03.1