Minnesota Legislature
HF 236
1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
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A bill for an act
relating to education finance; authorizing school districts to delay the
implementation of special education tuition billing for an additional two years;
amending Laws 2006, chapter 263, article 3, section 15.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Laws 2006, chapter 263, article 3, section 15, is amended to read:
Sec. 15. SPECIAL EDUCATION TUITION BILLING FOR FISCAL YEARS
2006 deleted text begin ANDdeleted text end new text begin ,new text end 2007new text begin , AND 2008new text end .
(a) Notwithstanding Minnesota Statutes, sections 125A.11, subdivision 1, paragraph
(a), and 127A.47, subdivision 7, paragraph (d), for fiscal year 2006 an intermediate
district, special education cooperative, or school district that served as an applicant
agency for a group of school districts for federal special education aids for fiscal year
2006 is not subject to the uniform special education tuition billing calculations, but may
instead continue to bill the resident school districts for the actual unreimbursed costs
of serving pupils with a disability as determined by the intermediate districtnew text begin , special
education cooperative, or school districtnew text end .
(b) Notwithstanding Minnesota Statutes, section 125A.11, subdivision 1, paragraph
(c), for fiscal year 2007 only, an deleted text begin applicant districtdeleted text end new text begin agency exempted from the uniform
special education tuition billing calculations for fiscal year 2006 under paragraph (a)new text end
may apply to the commissioner for deleted text begin a waiverdeleted text end new text begin an exemptionnew text end from the uniform special
education tuition calculations and aid adjustments under Minnesota Statutes, sections
125A.11, subdivision 1, paragraph (b), and 127A.47, subdivision 7, paragraph (e). The
commissioner must grant the deleted text begin waiverdeleted text end new text begin exemptionnew text end within 30 days of receiving the following
information from the intermediate districtnew text begin , special education cooperative, or school districtnew text end :
(1) a detailed description of the applicant district's methodology for calculating
special education tuition for fiscal years 2006 and 2007, as required by the applicant
district to recover the full cost of serving pupils with a disability;
(2) sufficient data to determine the total amount of special education tuition actually
charged for each student with a disability, as required by the applicant district to recover
the full cost of serving pupils with a disability in fiscal year 2006; and
(3) sufficient data to determine the amount that would have been charged for each
student for fiscal year 2006 using the uniform tuition billing methodology according
to Minnesota Statutes, sections 125A.11, subdivision 1, or 127A.47, subdivision 7,
as applicable.
new text begin
(c) Notwithstanding Minnesota Statutes, section 125A.11, subdivision 1, paragraph
(c), for fiscal year 2008 only, an agency granted an exemption from the uniform special
education tuition billing calculations and aid adjustments for fiscal year 2007 under
paragraph (b) may apply to the commissioner for a one-year extension of the exemption
granted under paragraph (b). The commissioner must grant the extension within 30 days
of receiving the request.
new text end
new text begin
(d) Notwithstanding Minnesota Statutes, section 125A.11, subdivision 1, paragraphs
(a) and (b), and section 127A.47, subdivision 7, paragraphs (d) and (e), for fiscal year 2007
only, a school district or charter school not eligible for a waiver under Minnesota Statutes,
section 125A.11, subdivision 1, paragraph (d), may apply to the commissioner for authority
to charge the resident district an additional amount to recover any remaining unreimbursed
costs of serving pupils with a disability. The application must include a description of the
costs and the calculations used to determine the unreimbursed portion to be charged to the
resident district. Amounts approved by the commissioner under this paragraph must be
included in the tuition billings or aid adjustments under paragraph (a) or (b), or Minnesota
Statutes, section 127A.47, subdivision 7, paragraph (d) or (e), as applicable.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end