1.1 	A bill for an act
1.2 	relating to education policy; providing for resident
1.3 	participation in individual education plan development
1.4 	and tuition billing; amending Minnesota Statutes 2004,
1.5 	section 125A.05.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2004, section 125A.05, is
1.8 	amended to read:
1.9 	125A.05 METHOD OF SPECIAL INSTRUCTION.
1.10 	(a) As defined in this section, to the extent required by
1.11 	federal law as of July 1, 1999, special instruction and services
1.12 	for children with a disability must be based on the assessment
1.13 	and individual education plan.  The instruction and services may
1.14 	be provided by one or more of the following methods:
1.15 	(1) in connection with attending regular elementary and
1.16 	secondary school classes;
1.17 	(2) establishment of special classes;
1.18 	(3) at the home or bedside of the child;
1.19 	(4) in other districts;
1.20 	(5) instruction and services by special education
1.21 	cooperative centers established under this section, or in
1.22 	another member district of the cooperative center to which the
1.23 	resident district of the child with a disability belongs;
1.24 	(6) in a state residential school or a school department of
1.25 	a state institution approved by the commissioner;
2.1 	(7) in other states;
2.2 	(8) by contracting with public, private or voluntary
2.3 	agencies;
2.4 	(9) for children under age five and their families,
2.5 	programs and services established through collaborative efforts
2.6 	with other agencies;
2.7 	(10) for children under age five and their families,
2.8 	programs in which children with a disability are served with
2.9 	children without a disability; and
2.10 	(11) any other method approved by the commissioner.
2.11 	(b) Preference shall be given to providing special
2.12 	instruction and services to children under age three and their
2.13 	families in the residence of the child with the parent or
2.14 	primary caregiver, or both, present.
2.15 	(c) The primary responsibility for the education of a child
2.16 	with a disability must remain with the district of the child's
2.17 	residence regardless of which method of providing special
2.18 	instruction and services is used.  If a district other than a
2.19 	child's district of residence provides special instruction and
2.20 	services to the child, then the district providing the special
2.21 	instruction and services must notify and invite the child's
2.22 	district of residence before the child's individual education
2.23 	plan is developed and must provide the district of residence an
2.24 	opportunity to participate in the plan's development. The
2.25 	district providing the special instruction and services may not
2.26 	bill special education tuition costs to the resident district
2.27 	unless the resident district has participated or has declined to
2.28 	participate in the development of the student's individual
2.29 	education plan.The district of residence must inform the
2.30 	parents of the child about the methods of instruction that are
2.31 	available.