SF 2082

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to education finance; limiting a resident
school district's obligation to charter schools for
unreimbursed special education costs; requiring the
state to pay 70 percent of a charter school's
remaining special education costs; amending Minnesota
Statutes 2004, sections 124D.11, subdivision 5;
125A.11, subdivision 1, by adding a subdivision;
125A.79, subdivision 6; proposing coding for new law
in Minnesota Statutes, chapter 125A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 124D.11,
subdivision 5, is amended to read:

Subd. 5.

Special education aid.

new text begin (a) new text end Except as provided
in subdivision 2, special education aid must be paid to a
charter school according to section 125A.76, as though it were a
school district. The charter school may charge tuition to the
district of residence new text begin equal to the lesser of the district's
initial unreimbursed special education cost per adjusted
marginal cost pupil unit or the charter school's initial
unreimbursed special education cost per adjusted marginal cost
pupil unit.
new text end

new text begin (b) The charter school may submit a tuition bill in an
amount equal to 70 percent of its remaining unreimbursed costs
to the commissioner of education new text end as provided in section 125A.11.

new text begin (c) For purposes of this subdivision, "initial unreimbursed
special education cost" means the difference between the school
district or charter school's total special education costs for
that year and its regular special education revenue.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005,
for revenue for fiscal year 2006.
new text end

Sec. 2.

Minnesota Statutes 2004, section 125A.11,
subdivision 1, is amended to read:

Subdivision 1.

Nonresident tuition rate; other costs.

When a school district provides instruction and services outside
the district of residence, board and lodging, and any tuition to
be paid, shall be paid by the district of residence new text begin , except as
provided in subdivision 4 new text end . The tuition rate to be charged for
any child with a disability must be the actual cost of providing
special instruction and services to the child including a
proportionate amount for capital outlay and debt service but not
including any amount for transportation, minus the amount of
special aid for children with a disability received on behalf of
that child. If the boards involved do not agree upon the
tuition rate, either board may apply to the commissioner to fix
the rate. The commissioner must then set a date for a hearing,
giving each board at least ten days' notice, and after the
hearing the commissioner must make an order fixing the tuition
rate, which is binding on both school districts.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005,
for revenue for fiscal year 2006.
new text end

Sec. 3.

Minnesota Statutes 2004, section 125A.11, is
amended by adding a subdivision to read:

new text begin Subd. 4. new text end

new text begin Charter school tuition rate. new text end

new text begin (a) When a charter
school provides instruction and services to a child with a
disability, the tuition rate to be charged to the resident
school district for that child must equal the amount determined
under section 124D.11, subdivision 5.
new text end

new text begin (b) The charter school may bill the commissioner of
education for 70 percent of the difference between the actual
cost of providing special instruction and services to the child
including a proportionate amount for capital outlay and debt
service but not including any amount for transportation, and the
sum of the amount of special aid for children with a disability
received on behalf of that child directly from the regular
special education formula and the tuition paid by the resident
school district to the charter school.
new text end

new text begin (c) The commissioner must pay the unfunded special
education costs directly to the charter school from the charter
school special education account according to section 125A.795.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005,
for revenue for fiscal year 2006.
new text end

Sec. 4.

new text begin [125A.795] CHARTER SCHOOL SPECIAL EDUCATION
REIMBURSEMENT ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Account created. new text end

new text begin The charter school
special education reimbursement account is created in the state
general fund.
new text end

new text begin Subd. 2. new text end

new text begin Revenue. new text end

new text begin The estimated amount necessary to pay
for the state share of net unreimbursed special education costs
of charter school pupils with a disability is transferred from
the appropriation for special education excess cost aid to the
charter school special education reimbursement account.
new text end

new text begin Subd. 3. new text end

new text begin Review. new text end

new text begin The commissioner of education must
examine the tuition bills from charter schools and may adjust
the bills in the same manner as authorized under section 125A.80.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005,
for revenue for fiscal year 2006.
new text end

Sec. 5.

Minnesota Statutes 2004, section 125A.79,
subdivision 6, is amended to read:

Subd. 6.

State total special education excess cost aid.

The state total special education excess cost aid for fiscal
year 2004 equals $92,067,000. The state total special education
aid for fiscal year 2005 equals $91,811,000. The state total
special education excess cost aid for fiscal year 2006 and later
fiscal years equals:

(1) the state total special education excess cost aid for
the preceding fiscal year; times

(2) the program growth factor; times

(3) the ratio of the state total average daily membership
for the current fiscal year to the state total average daily
membership for the preceding fiscal year new text begin ;
new text end

new text begin (4) all less the amount transferred into the charter school
special education reimbursement account under section 125A.795 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005,
for revenue for fiscal year 2006.
new text end