Subdivision 1. Authorization. (a) Each year each American Indian-controlled tribal contract or grant school authorized by the United States Code, title 25, section 450f, that is located on a reservation within the state is eligible to receive tribal contract or grant school aid subject to the requirements in paragraphs (b) to (d).
(b) The school must plan, conduct, and administer an education program that complies with the requirements of either this chapter and chapters 120A, 120B, 121A, 122A, 123A, 123B, 125A, 125B, 126C, 127A, 129, and 268A or Code of Federal Regulations, title 25, sections 31.0 to 45.80.
(c) The school must comply with all other state statutes governing independent school districts or their equivalent in the Code of Federal Regulations, title 25.
(d) The state tribal contract or grant school aid must be used to supplement, and not to replace, the money for American Indian education programs provided by the federal government.
Subd. 2. Revenue amount. An American Indian-controlled tribal contract or grant school that is located on a reservation within the state and that complies with the requirements in subdivision 1 is eligible to receive tribal contract or grant school aid. The amount of aid is derived by:
(1) multiplying the formula allowance under section 126C.10, subdivision 2, less $170, times the difference between (i) the resident pupil units as defined in section 126C.05, subdivision 6, in average daily membership, excluding section 126C.05, subdivision 13, and (ii) the number of pupils for the current school year, weighted according to section 126C.05, subdivision 1, receiving benefits under section 123B.42 or 123B.44 or for which the school is receiving reimbursement under section 124D.69;
(2) adding to the result in clause (1) an amount equal to the product of the formula allowance under section 126C.10, subdivision 2, less $300 times the tribal contract compensation revenue pupil units;
(3) subtracting from the result in clause (2) the amount of money allotted to the school by the federal government through Indian School Equalization Program of the Bureau of Indian Affairs, according to Code of Federal Regulations, title 25, part 39, subparts A to E, for the basic program as defined by section 39.11, paragraph (b), for the base rate as applied to kindergarten through twelfth grade, excluding small school adjustments and additional weighting, but not money allotted through subparts F to L for contingency funds, school board training, student training, interim maintenance and minor repair, interim administration cost, prekindergarten, and operation and maintenance, and the amount of money that is received according to section 124D.69;
(4) dividing the result in clause (3) by the sum of the resident pupil units in average daily membership, excluding section 126C.05, subdivision 13, plus the tribal contract compensation revenue pupil units; and
(5) multiplying the sum of the resident pupil units, including section 126C.05, subdivision 13, in average daily membership plus the tribal contract compensation revenue pupil units by the lesser of $3,230 for fiscal year 2019 and 51.17 percent of the formula allowance for fiscal year 2020 and later or the result in clause (4).
Subd. 3. Waiver. Notwithstanding subdivision 1, paragraphs (b) and (c), a tribal contract or grant school:
(1) is not subject to the Minnesota Election Law;
(2) has no authority under this section to levy for property taxes, issue and sell bonds, or incur debt; and
(3) may request through its managing tribal organization a recommendation of the commissioner of education, for consideration of the legislature, that a tribal contract or grant school not be subject to specified statutes related to independent school districts.
Subd. 4. Early childhood family education revenue. A school receiving aid under this section may apply annually to the commissioner to receive an early childhood family education grant to provide early childhood family education programs for parents and children who are enrolled or eligible for enrollment in a federally recognized tribe. The grant must be used for programs and services that comply with section 124D.13, except that the school is not required to provide a community education program or establish a community education advisory council. The program must be designed to improve the skills of parents and promote American Indian history, language, and culture. The school must make affirmative efforts to encourage participation by fathers. Admission may not be limited to those enrolled in or eligible for enrollment in a federally recognized tribe.
Subd. 5. Tribal contract pupil units. Pupil units for pupils enrolled in tribal contract schools shall be used only for the purpose of computing tribal contract aid according to this section.
1989 c 329 art 3 s 15; 1990 c 426 art 1 s 16; 1990 c 562 art 3 s 4,5; 1991 c 265 art 3 s 16; 1994 c 647 art 9 s 11; 1996 c 412 art 3 s 30,31; 1Sp1997 c 4 art 2 s 29,30; 1998 c 397 art 2 s 117-120,164; art 11 s 3; 1998 c 398 art 5 s 55; 2000 c 254 s 33; 2003 c 130 s 12; 2009 c 96 art 2 s 51; 1Sp2015 c 3 art 2 s 58; 1Sp2017 c 5 art 2 s 38; 1Sp2019 c 11 art 2 s 20
Structure Minnesota Statutes
Chapters 120 - 129C — Education Code: Prekindergarten - Grade 12
Chapter 124D — Education Programs
Section 124D.01 — Definitions.
Section 124D.02 — School Board Powers; Enrollment.
Section 124D.03 — Enrollment Options Program.
Section 124D.04 — Options For Enrolling In Adjoining States.
Section 124D.041 — Reciprocity With Adjoining States.
Section 124D.05 — Attending School In Another State; Severance Pay.
Section 124D.08 — School Boards' Approval To Enroll In Nonresident District; Exceptions.
Section 124D.085 — Experiential And Applied Learning Opportunities For Students.
Section 124D.09 — Postsecondary Enrollment Options Act.
Section 124D.091 — Concurrent Enrollment Program Aid.
Section 124D.093 — P-tech Schools.
Section 124D.095 — Online Learning Option.
Section 124D.096 — Online Learning Aid.
Section 124D.111 — School Meals Policies; Lunch Aid; Food Service Accounting.
Section 124D.1115 — Free And Reduced-price School Lunch Program Data Sharing.
Section 124D.114 — Lactose Reduced Milk.
Section 124D.1158 — School Breakfast Program.
Section 124D.117 — Districts To Offer School Breakfast Program.
Section 124D.118 — School Milk Program.
Section 124D.119 — Summer Food Service Replacement Aid.
Section 124D.1191 — Donations To Food Shelf Programs.
Section 124D.1195 — Commodity Donated Food Revolving Fund.
Section 124D.12 — Purpose Of Flexible Learning Year Programs.
Section 124D.121 — Definition Of Flexible Learning Year Program.
Section 124D.122 — Establishment Of Flexible Learning Year Program.
Section 124D.123 — Division Of Children Into Groups.
Section 124D.124 — Public Hearing Before Implementation.
Section 124D.125 — Assignment Of Teachers.
Section 124D.126 — Powers And Duties Of Commissioner; Flexible Learning Year Programs.
Section 124D.127 — Termination Of Flexible Learning Year Program.
Section 124D.128 — Learning Year Program To Provide Instruction Throughout Year.
Section 124D.129 — Educate Parents Partnership.
Section 124D.13 — Early Childhood Family Education (ecfe) Programs.
Section 124D.135 — Early Childhood Family Education (ecfe) Revenue.
Section 124D.141 — State Advisory Council On Early Childhood Education And Care.
Section 124D.142 — Quality Rating And Improvement System.
Section 124D.15 — School Readiness Programs.
Section 124D.151 — Voluntary Prekindergarten Program.
Section 124D.16 — School Readiness Aid.
Section 124D.162 — Kindergarten Readiness Assessment.
Section 124D.165 — Early Learning Scholarships.
Section 124D.166 — Limit On Screen Time For Children In Preschool And Kindergarten.
Section 124D.18 — Purpose Of Community Education Programs.
Section 124D.19 — Community Education Programs; Advisory Council.
Section 124D.20 — Community Education Revenue.
Section 124D.22 — School-age Care Revenue.
Section 124D.2211 — After-school Community Learning Programs.
Section 124D.23 — Family Services And Community-based Collaboratives.
Section 124D.231 — Full-service Community Schools.
Section 124D.34 — Minnesota Foundation For Student Organizations.
Section 124D.35 — Youth Entrepreneurship Education Program.
Section 124D.355 — Vocational Education Student Organizations.
Section 124D.36 — Citation; Serveminnesota Innovation Act.
Section 124D.37 — Purpose Of Serveminnesota Innovation Act.
Section 124D.38 — Definitions.
Section 124D.385 — Minnesota Commission On National And Community Service.
Section 124D.39 — Serveminnesota Innovation Program.
Section 124D.40 — Serveminnesota Innovation Grants.
Section 124D.42 — Reading And Math Corps.
Section 124D.44 — Match Requirements.
Section 124D.45 — Evaluation And Reporting Requirements.
Section 124D.452 — District Report; Career And Technical Education.
Section 124D.4531 — Career And Technical Revenue.
Section 124D.454 — Access To Minnesota's Transition System For Children With A Disability.
Section 124D.46 — Education And Employment Transitions System.
Section 124D.47 — Comprehensive Youth Apprenticeship Program.
Section 124D.49 — Education And Employment Transitions Partnerships.
Section 124D.50 — Service-learning And Work-based Learning Curriculum And Programs.
Section 124D.505 — Minnesota Career Information System.
Section 124D.51 — Evening Schools; Adult And Continuing Education.
Section 124D.518 — Adult Basic Education Aid Definitions.
Section 124D.52 — Adult Basic Education.
Section 124D.521 — Consortium Requirements.
Section 124D.522 — Adult Basic Education Supplemental Service Grants.
Section 124D.531 — Adult Basic Education Aid.
Section 124D.549 — Commissioner-selected High School Equivalency Test.
Section 124D.55 — Commissioner-selected High School Equivalency Test Fees.
Section 124D.56 — Community Education Program Revenue; Adults With Disabilities.
Section 124D.57 — Educational Support Services For People Who Are Deaf, Deafblind, Hard-of-hearing.
Section 124D.58 — Citation; Education For English Learners Act.
Section 124D.59 — Definitions.
Section 124D.60 — Rights Of Parents.
Section 124D.61 — General Requirements For Programs.
Section 124D.63 — Technical Assistance.
Section 124D.64 — Discrimination Prohibited.
Section 124D.645 — Multiracial Diversity.
Section 124D.65 — English Learner (el) Programs Aid.
Section 124D.66 — Assurance Of Mastery Programs.
Section 124D.68 — Graduation Incentives Program.
Section 124D.69 — Aid For Alternative Programs Provided Under Contract.
Section 124D.695 — Approved Recovery Program Funding.
Section 124D.71 — Citation; American Indian Education Act.
Section 124D.73 — Definitions.
Section 124D.74 — American Indian Education Programs.
Section 124D.75 — Licenses For American Indian Language And Culture Education Teachers; Exemptions.
Section 124D.76 — Community Coordinators, Indian Home/school Liaisons, Paraprofessionals.
Section 124D.77 — Recruiting And Retaining Indian Teachers.
Section 124D.78 — Parent And Community Participation.
Section 124D.79 — Community And Commissioner Participation In American Indian Education.
Section 124D.791 — Indian Education Director.
Section 124D.81 — American Indian Education Aid.
Section 124D.82 — Discrimination Prohibited.
Section 124D.83 — State Revenue For American Indian Tribal Contract Or Grant Schools.
Section 124D.855 — School Segregation Prohibited.
Section 124D.861 — Achievement And Integration For Minnesota.
Section 124D.862 — Achievement And Integration Revenue.
Section 124D.87 — Achievement And Integration Transportation Aid.
Section 124D.892 — Office Of Desegregation/integration.
Section 124D.895 — Parental Involvement Programs.
Section 124D.8955 — Parent And Family Involvement Policy.
Section 124D.8957 — Prekindergarten Through Grade 12 Parental Rights Coded Elsewhere.
Section 124D.896 — Desegregation/integration And Inclusive Education Rules.
Section 124D.90 — School Enrichment Partnership Program.
Section 124D.955 — Healthy Kids Awards Program.
Section 124D.957 — Minnesota Youth Council Committee.
Section 124D.96 — Welfare And Correctional Institutions' Policies For Educational Programs.