1.1                          A bill for an act
  1.2             relating to education; providing for the negotiating 
  1.3             of tuition payments for Minnesota students attending 
  1.4             school in other states; amending Minnesota Statutes 
  1.5             1996, section 120.0621, subdivisions 5a, 5b, 6, and by 
  1.6             adding a subdivision. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 120.0621, 
  1.9   subdivision 5a, is amended to read: 
  1.10     Subd. 5a.  [TUITION PAYMENTS.] In each odd-numbered year, 
  1.11  before March 1, the state board of education commissioner shall 
  1.12  agree to rates of tuition for Minnesota elementary and secondary 
  1.13  pupils attending in other states for the next two fiscal 
  1.14  years when the other state agrees to negotiate tuition rates.  
  1.15  The board commissioner shall negotiate equal, reciprocal rates 
  1.16  with the designated authority in each state for pupils who 
  1.17  reside in an adjoining state and enroll in a Minnesota school 
  1.18  district.  The rates must be at least equal to the tuition 
  1.19  specified in section 120.08, subdivision 1.  If the other state 
  1.20  does not agree to negotiate a general tuition rate, a Minnesota 
  1.21  school district shall negotiate a tuition rate with the school 
  1.22  district in the other state that sends a pupil to or receives a 
  1.23  pupil from the Minnesota school district.  The tuition rate for 
  1.24  a pupil with a disability must be equal to the actual cost of 
  1.25  instruction and services provided.  The resident district of a 
  1.26  Minnesota pupil attending in another state under this section 
  2.1   must pay the amount of tuition agreed upon in this section to 
  2.2   the district of attendance, prorated on the basis of the 
  2.3   proportion of the school year attended. 
  2.4      Sec. 2.  Minnesota Statutes 1996, section 120.0621, 
  2.5   subdivision 5b, is amended to read: 
  2.6      Subd. 5b.  [TRANSPORTATION OF STUDENTS.] (a) The agreement 
  2.7   under subdivision 5a with each state must specify that the 
  2.8   attending district in each state transport a pupil from the 
  2.9   district boundary to the school of attendance.  
  2.10     (b) Notwithstanding paragraph (a), the districts of 
  2.11  residence and attendance may agree that either district may 
  2.12  provide transportation from a pupil's home or agreed upon 
  2.13  location to school.  Transportation aid for Minnesota students 
  2.14  eligible for aid shall be paid only for transportation within 
  2.15  the resident district. 
  2.16     Sec. 3.  Minnesota Statutes 1996, section 120.0621, 
  2.17  subdivision 6, is amended to read: 
  2.18     Subd. 6.  [EFFECTIVE IF RECIPROCAL.] This section is 
  2.19  effective with respect to South Dakota upon enactment of 
  2.20  provisions by South Dakota that the commissioner determines are 
  2.21  essentially similar to the provisions for Minnesota pupils in 
  2.22  this section.  After July 1, 1993, this section is effective 
  2.23  with respect to any other bordering state upon enactment of 
  2.24  provisions by the bordering state that the commissioner 
  2.25  determines are essentially similar to the provisions for 
  2.26  Minnesota pupils in this section. 
  2.27     Sec. 4.  Minnesota Statutes 1996, section 120.0621, is 
  2.28  amended by adding a subdivision to read: 
  2.29     Subd. 7.  [APPEAL TO THE COMMISSIONER.] If a Minnesota 
  2.30  school district cannot agree with an adjoining state on a 
  2.31  tuition rate for a Minnesota student attending school in that 
  2.32  state and that state has met the requirements in subdivision 6, 
  2.33  then the student's parent or guardian may request that the 
  2.34  commissioner agree on a tuition rate for the student.  The 
  2.35  Minnesota school district must pay the amount of tuition the 
  2.36  commissioner agrees upon.