SF 2228

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 06/21/2012 02:56pm

A bill for an act
relating to education; providing for policy for prekindergarten through grade
12 education, including general education, education excellence, and special
programs; amending Minnesota Statutes 2010, sections 120A.20, subdivision
2; 120A.22, subdivision 11; 123B.92, subdivision 3; 124D.08, by adding a
subdivision; 124D.09, subdivision 22; 125A.14; 125A.19; 125A.515, subdivision
1; 127A.47, subdivision 1; Minnesota Statutes 2011 Supplement, sections
121A.15, subdivisions 8, 9; 124D.10, subdivisions 4, 13, 14, 17a, 25; Laws 2011,
First Special Session chapter 11, article 2, section 50, subdivision 16; repealing
Minnesota Statutes 2010, sections 125A.16; 125A.80; 127A.47, subdivision 2.

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

ARTICLE 1

GENERAL EDUCATION

Section 1.

Minnesota Statutes 2010, section 120A.20, subdivision 2, is amended to
read:

Subd. 2.

Education deleted text begin and deleted text end new text begin , new text end residence new text begin , and transportation new text end of homeless.

(a)
Notwithstanding subdivision 1, a district must not deny free admission to a homeless
deleted text begin person of school age deleted text end new text begin pupil new text end solely because the district cannot determine that the deleted text begin person deleted text end new text begin
pupil new text end is a resident of the district.

(b) The school district of residence for a homeless deleted text begin person of school age deleted text end new text begin pupil new text end
shall be the school district in which the deleted text begin homeless shelter or other program, center, or
facility assisting the homeless person is located. The educational services a school
district provides to a homeless person must allow the person to work toward meeting the
graduation standards under section 120B.02. deleted text end new text begin parent or legal guardian resides, unless: (1)
parental rights have been terminated by court order; (2) the parent or guardian is not
living within the state; or (3) the parent or guardian having legal custody of the child is
an inmate of a Minnesota correctional facility or is a resident of a halfway house under
the supervision of the commissioner of corrections. If any of clauses (1) to (3) apply, the
school district of residence shall be the school district in which the pupil resided when the
qualifying event occurred. If no other district of residence can be established, the school
district of residence shall be the school district in which the pupil currently resides. If
there is a dispute between school districts regarding residency, the district of residence is
the district designated by the commissioner of education.
new text end

new text begin (c) The serving district is responsible for transporting a homeless pupil to and from
the pupil's district of residence. The district may transport from a permanent home in
another district but only through the end of the academic school year. When a pupil is
enrolled in a charter school, the district or school that provides transportation for other
pupils enrolled in the charter school is responsible for providing transportation. When a
homeless student with or without an individualized education program attends a public
school other than an independent or special school district or charter school, the district of
residence is responsible for transportation.
new text end

Sec. 2.

Minnesota Statutes 2010, section 120A.22, subdivision 11, is amended to read:

Subd. 11.

Assessment of performance.

(a) Each year the performance of every
child new text begin ages seven through 16 new text end who is not enrolled in a public school must be assessed using
a nationally norm-referenced standardized achievement examination. The superintendent
of the district in which the child receives instruction and the person in charge of the child's
instruction must agree about the specific examination to be used and the administration
and location of the examination.

(b) To the extent the examination in paragraph (a) does not provide assessment in
all of the subject areas in subdivision 9, the parent must assess the child's performance
in the applicable subject area. This requirement applies only to a parent who provides
instruction and does not meet the requirements of subdivision 10, clause (1), (2), or (3).

(c) If the results of the assessments in paragraphs (a) and (b) indicate that the
child's performance on the total battery score is at or below the 30th percentile or one
grade level below the performance level for children of the same age, the parent must
obtain additional evaluation of the child's abilities and performance for the purpose of
determining whether the child has learning problems.

(d) A child receiving instruction from a nonpublic school, person, or institution that
is accredited by an accrediting agency, recognized according to section 123B.445, or
recognized by the commissioner, is exempt from the requirements of this subdivision.

Sec. 3.

Minnesota Statutes 2011 Supplement, section 121A.15, subdivision 8, is
amended to read:

Subd. 8.

Report.

The administrator or other person having general control and
supervision of the elementary or secondary school shall file a report with the commissioner
on all persons enrolled in the school. The superintendent of each district shall file a
report with the commissioner for all persons within the district receiving instruction in
a deleted text begin home deleted text end new text begin nonpublic new text end school new text begin that is not accredited by a state recognized accrediting agency new text end
in compliance with sections 120A.22 and 120A.24. The parent of persons receiving
instruction in a deleted text begin home deleted text end new text begin nonpublic new text end school shall submit the statements as required by
subdivisions 1, 2, 3, 4, and 12 to the superintendent of the district in which the person
resides by October 1 of the first year of their deleted text begin homeschooling deleted text end new text begin attending a nonpublic school
that is not accredited by a state recognized accrediting agency new text end in Minnesota and the grade 7
year. The school report must be prepared on forms developed jointly by the commissioner
of health and the commissioner of education and be distributed to the local districts by the
commissioner of health. The school report must state the number of persons attending the
school, the number of persons who have not been immunized according to subdivision 1 or
2, and the number of persons who received an exemption under subdivision 3, clause (c)
or (d). The school report must be filed with the commissioner of education within 60 days
of the commencement of each new school term. Upon request, a district must be given a
60-day extension for filing the school report. The commissioner of education shall forward
the report, or a copy thereof, to the commissioner of health who shall provide summary
reports to boards of health as defined in section 145A.02, subdivision 2. The administrator
or other person having general control and supervision of the child care facility shall file a
report with the commissioner of human services on all persons enrolled in the child care
facility. The child care facility report must be prepared on forms developed jointly by
the commissioner of health and the commissioner of human services and be distributed
to child care facilities by the commissioner of health. The child care facility report
must state the number of persons enrolled in the facility, the number of persons with no
immunizations, the number of persons who received an exemption under subdivision 3,
clause (c) or (d), and the number of persons with partial or full immunization histories.
The child care facility report must be filed with the commissioner of human services by
November 1 of each year. The commissioner of human services shall forward the report,
or a copy thereof, to the commissioner of health who shall provide summary reports to
boards of health as defined in section 145A.02, subdivision 2. The report required by this
subdivision is not required of a family child care or group family child care facility, for
prekindergarten children enrolled in any elementary or secondary school provided services
according to sections 125A.03 and 125A.06, nor for child care facilities in which at least
75 percent of children in the facility participate on a onetime only or occasional basis to a
maximum of 45 hours per child, per month.

Sec. 4.

Minnesota Statutes 2011 Supplement, section 121A.15, subdivision 9, is
amended to read:

Subd. 9.

Definitions.

As used in this section the following terms have the meanings
given them.

(a) "Elementary or secondary school" includes any public school as defined in
section 120A.05, subdivisions 9, 11, 13, and 17, or nonpublic school, church, or religious
organization, or deleted text begin home deleted text end new text begin nonpublic new text end school new text begin that is not accredited by a state recognized
accrediting agency new text end in which a child is provided instruction in compliance with sections
120A.22 and 120A.24.

(b) "Person enrolled in any elementary or secondary school" means a person born
after 1956 and enrolled in grades kindergarten through 12, and a child with a disability
receiving special instruction and services as required in sections 125A.03 to 125A.24 and
125A.65, excluding a child being provided services at the home or bedside of the child or
in other states.

(c) "Child care facility" includes those child care programs subject to licensure under
chapter 245A, and Minnesota Rules, chapters 9502 and 9503.

(d) "Family child care" means child care for no more than ten children at one time
of which no more than six are under school age. The licensed capacity must include all
children of any caregiver when the children are present in the residence.

(e) "Group family child care" means child care for no more than 14 children at
any one time. The total number of children includes all children of any caregiver when
the children are present in the residence.

Sec. 5.

Minnesota Statutes 2010, section 123B.92, subdivision 3, is amended to read:

Subd. 3.

Alternative attendance programs.

(a) A district that enrolls nonresident
pupils in programs under sections 123A.05 to 123A.08, 124D.03, 124D.08, and 124D.68,
must provide authorized transportation to the pupil within the attendance area for the
school that the pupil attends at the same level of service that is provided to resident pupils
within the attendance area. The resident district need not provide or pay for transportation
between the pupil's residence and the district's border.

(b) A district may provide transportation to allow a student who attends a high-need
English language learner program and who resides within the transportation attendance
area of the program to continue in the program until the student completes the highest
grade level offered by the program.

new text begin (c) A homeless nonresident pupil enrolled under section 124D.08, subdivision 2a,
must be provided transportation from the pupil's district of residence to and from the
school of enrollment.
new text end

Sec. 6.

Minnesota Statutes 2010, section 124D.08, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Continued enrollment for homeless students. new text end

new text begin Notwithstanding
subdivision 2, a pupil who has been enrolled in a district, who is identified as homeless,
and whose parent or legal guardian moves to another district, may continue to enroll in
the nonresident district without the approval of the board of the nonresident district. The
approval of the board of the pupil's resident district is not required.
new text end

Sec. 7.

Minnesota Statutes 2010, section 127A.47, subdivision 1, is amended to read:

Subdivision 1.

Aid to serving district.

(a) Unless otherwise specifically provided
by law, general education aid must be paid according to this subdivision.

(b) Except as provided in paragraph (c), general education aid must be paid to the
serving district.

(c) If the resident district pays tuition for a pupil under section 123A.18, 123A.22,
123A.30, 123A.32, 123A.44, 123A.488, 123B.88, subdivision 4, 124D.04, 124D.05,
125A.03 to 125A.24, 125A.51, or 125A.65, general education aid, excluding basic skills
revenue under section 126C.10, subdivision 4, must be paid to the resident district. new text begin For
a student enrolled under section 124D.08, subdivision 2a, that is enrolled in other than
an independent or special school district or charter school, the general education revenue
shall be paid to the resident district.
new text end

Sec. 8. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin In Minnesota Statutes and Rules, the revisor of statutes shall substitute the terms
"English learner," "EL," or similar term for "limited English proficient," "English language
learner," "LEP," "ELL," or similar term when referring to early childhood through grade 12
education. The revisor shall also make grammatical changes related to the changes in term.
new text end

Sec. 9. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, section 127A.47, subdivision 2, new text end new text begin is repealed.
new text end

ARTICLE 2

EDUCATION EXCELLENCE

Section 1.

Minnesota Statutes 2010, section 124D.09, subdivision 22, is amended to
read:

Subd. 22.

Transportation.

new text begin (a) new text end A parent or guardian of a pupil enrolled in a course
for secondary credit may apply to the pupil's district of residence for reimbursement for
transporting the pupil between the secondary school in which the pupil is enrolled or the
pupil's home and the postsecondary institution that the pupil attends. The state shall
provide state aid to a district in an amount sufficient to reimburse the parent or guardian
for the necessary transportation costs when the family's or guardian's income is at or
below the poverty level, as determined by the federal government. The reimbursement
shall be the pupil's actual cost of transportation or 15 cents per mile traveled, whichever
is less. Reimbursement may not be paid for more than 250 miles per week. However,
if the nearest postsecondary institution is more than 25 miles from the pupil's resident
secondary school, the weekly reimbursement may not exceed the reimbursement rate per
mile times the actual distance between the secondary school or the pupil's home and the
nearest postsecondary institution times ten. The state must pay aid to the district according
to this subdivision.

new text begin (b) A parent or guardian of an alternative pupil enrolled in a course for secondary
credit may apply to the pupil's postsecondary institution for reimbursement for
transporting the pupil between the secondary school in which the pupil is enrolled or the
pupil's home and the postsecondary institution in an amount sufficient to reimburse the
parent or guardian for the necessary transportation costs when the family's or guardian's
income is at or below the poverty level, as determined by the federal government. The
amount of the reimbursement shall be determined as in paragraph (a). The state must pay
aid to the postsecondary institution according to this subdivision.
new text end

Sec. 2.

Minnesota Statutes 2011 Supplement, section 124D.10, subdivision 4, is
amended to read:

Subd. 4.

Formation of school.

(a) An authorizer, after receiving an application from
a school developer, may charter a licensed teacher under section 122A.18, subdivision
1, or a group of individuals that includes one or more licensed teachers under section
122A.18, subdivision 1, to operate a school subject to the commissioner's approval of the
authorizer's affidavit under paragraph (b). The school must be organized and operated as a
nonprofit corporation under chapter 317A and the provisions under the applicable chapter
shall apply to the school except as provided in this section.

Notwithstanding sections 465.717 and 465.719, a school district, subject to this
section and section 124D.11, may create a corporation for the purpose of establishing a
charter school.

(b) Before the operators may establish and operate a school, the authorizer must file
an affidavit with the commissioner stating its intent to charter a school. An authorizer
must file a separate affidavit for each school it intends to charter. The affidavit must
state the terms and conditions under which the authorizer would charter a school and
how the authorizer intends to oversee the fiscal and student performance of the charter
school and to comply with the terms of the written contract between the authorizer
and the charter school board of directors under subdivision 6. The commissioner must
approve or disapprove the authorizer's affidavit within 60 business days of receipt of the
affidavit. If the commissioner disapproves the affidavit, the commissioner shall notify
the authorizer of the deficiencies in the affidavit and the authorizer then has 20 business
days to address the deficiencies. If the authorizer does not address deficiencies to the
commissioner's satisfaction, the commissioner's disapproval is final. Failure to obtain
commissioner approval precludes an authorizer from chartering the school that is the
subject of this affidavit.

(c) The authorizer may prevent an approved charter school from opening for
operation if, among other grounds, the charter school violates this section or does not meet
the ready-to-open standards that are part of the authorizer's oversight and evaluation
process or are stipulated in the charter school contract.

(d) The operators authorized to organize and operate a school, before entering into a
contract or other agreement for professional or other services, goods, or facilities, must
incorporate as a nonprofit corporation under chapter 317A and must establish a board of
directors composed of at least five members who are not related parties until a timely
election for members of the ongoing charter school board of directors is held according to
the school's articles and bylaws under paragraph (f). A charter school board of directors
must be composed of at least five members who are not related parties. Staff members
employed at the school, including teachers providing instruction under a contract with a
cooperative, and all parents or legal guardians of children enrolled in the school are the
voters eligible to elect the members of the school's board of directors. A charter school
must notify eligible voters of the school board election dates at least 30 days before the
election. Board of director meetings must comply with chapter 13D.

(e) deleted text begin Upon the request of an individual, the charter school must make available
in a timely fashion deleted text end new text begin A charter school shall publish and maintain on the school's official
Web site: (1) new text end the minutes of meetings of the board of directors, and of members and
committees having any board-delegated authority deleted text begin ; deleted text end new text begin , for at least one calendar year from the
date of publication; (2) directory information for members of the board of directors and
committees having board-delegated authority; and (3) identifying and contact information
for the school's authorizer. Identifying and contact information for the school's authorizer
must be included in other school materials made available to the public. Upon request of
an individual, the charter school must also make available in a timely fashion new text end financial
statements showing all operations and transactions affecting income, surplus, and deficit
during the school's last annual accounting period; and a balance sheet summarizing assets
and liabilities on the closing date of the accounting period. A charter school also must post
on its official Web site information identifying its authorizer and indicate how to contact
that authorizer and include that same information about its authorizer in other school
materials that it makes available to the public.

(f) Every charter school board member shall attend department-approved ongoing
training throughout the member's term on board governance, including training on
the board's role and responsibilities, employment policies and practices, and financial
management. A board member who does not begin the required initial training within six
months after being seated and complete that training within 12 months of being seated on
the board is ineligible to continue to serve as a board member.

(g) The ongoing board must be elected before the school completes its third year of
operation. Board elections must be held during the school year but may not be conducted
on days when the school is closed for holidays or vacations. The charter school board of
directors shall be composed of at least five nonrelated members and include: (i) at least one
licensed teacher employed at the school or a licensed teacher providing instruction under
contract between the charter school and a cooperative; (ii) the parent or legal guardian
of a student enrolled in the charter school who is not an employee of the charter school;
and (iii) an interested community member who is not employed by the charter school and
does not have a child enrolled in the school. The board may be a teacher majority board
composed of teachers described in this paragraph. The chief financial officer and the chief
administrator may only serve as ex-officio nonvoting board members and may not serve
as a voting member of the board. Charter school employees shall not serve on the board
unless item (i) applies. Contractors providing facilities, goods, or services to a charter
school shall not serve on the board of directors of the charter school. Board bylaws shall
outline the process and procedures for changing the board's governance model, consistent
with chapter 317A. A board may change its governance model only:

(1) by a majority vote of the board of directors and the licensed teachers employed
by the school, including licensed teachers providing instruction under a contract between
the school and a cooperative; and

(2) with the authorizer's approval.

Any change in board governance must conform with the board structure established
under this paragraph.

(h) The granting or renewal of a charter by an authorizer must not be conditioned
upon the bargaining unit status of the employees of the school.

(i) The granting or renewal of a charter school by an authorizer must not be
contingent on the charter school being required to contract, lease, or purchase services
from the authorizer. Any potential contract, lease, or purchase of service from an
authorizer must be disclosed to the commissioner, accepted through an open bidding
process, and be a separate contract from the charter contract. The school must document
the open bidding process. An authorizer must not enter into a contract to provide
management and financial services for a school that it authorizes, unless the school
documents that it received at least two competitive bids.

(j) An authorizer may permit the board of directors of a charter school to expand
the operation of the charter school to additional sites or to add additional grades at the
school beyond those described in the authorizer's original affidavit as approved by
the commissioner only after submitting a supplemental affidavit for approval to the
commissioner in a form and manner prescribed by the commissioner. The supplemental
affidavit must document that:

(1) the proposed expansion plan demonstrates need and projected enrollment;

(2) the expansion is warranted, at a minimum, by longitudinal data demonstrating
students' improved academic performance and growth on statewide assessments under
chapter 120B;

(3) the charter school is financially sound and the financing it needs to implement
the proposed expansion exists; and

(4) the charter school has the governance structure and management capacity to
carry out its expansion.

(k) The commissioner shall have 30 business days to review and comment on the
supplemental affidavit. The commissioner shall notify the authorizer of any deficiencies in
the supplemental affidavit and the authorizer then has 20 business days to address, to the
commissioner's satisfaction, any deficiencies in the supplemental affidavit. The school
may not expand grades or add sites until the commissioner has approved the supplemental
affidavit. The commissioner's approval or disapproval of a supplemental affidavit is final.

Sec. 3.

Minnesota Statutes 2011 Supplement, section 124D.10, subdivision 13, is
amended to read:

Subd. 13.

Length of school year.

A charter school must provide instruction each
year for at least the number of deleted text begin days deleted text end new text begin hours new text end required by section 120A.41. It may provide
instruction throughout the year according to sections 124D.12 to 124D.127 or 124D.128.

Sec. 4.

Minnesota Statutes 2011 Supplement, section 124D.10, subdivision 14, is
amended to read:

Subd. 14.

Annual public reports.

A charter school must publish an annual report
approved by the board of directors. The annual report must at least include information
on school enrollment, student attrition, governance and management, staffing, finances,
academic performance, operational performance, innovative practices and implementation,
and future plans. A charter school must distribute the annual report by publication, mail,
or electronic means to the deleted text begin commissioner, deleted text end authorizer, school employees, and parents and
legal guardians of students enrolled in the charter school and must also post the report on
the charter school's official Web site. The reports are public data under chapter 13.

Sec. 5.

Minnesota Statutes 2011 Supplement, section 124D.10, subdivision 17a,
is amended to read:

Subd. 17a.

Affiliated nonprofit building corporation.

(a) Before a charter school
may organize an affiliated nonprofit building corporation (i) to renovate or purchase an
existing facility to serve as a school or (ii) to construct a new school facility, an authorizer
must submit an affidavit to the commissioner for approval in the form and manner the
commissioner prescribes, and consistent with paragraphs (b) and (c) or (d).

(b) An affiliated nonprofit building corporation under this subdivision must:

(1) be incorporated under section 317A and comply with applicable Internal
Revenue Service regulations;

(2) submit to the commissioner each fiscal year a list of current board members
and a copy of its annual audit; and

(3) comply with government data practices law under chapter 13.

An affiliated nonprofit building corporation must not serve as the leasing agent for
property or facilities it does not own. A charter school that leases a facility from an
affiliated nonprofit building corporation that does not own the leased facility is ineligible
to receive charter school lease aid. The state is immune from liability resulting from a
contract between a charter school and an affiliated nonprofit building corporation.

(c) A charter school may organize an affiliated nonprofit building corporation to
renovate or purchase an existing facility to serve as a school if the charter school:

(1) has been operating for at least five consecutive school years;

(2) has had a net positive unreserved general fund balance as of June 30 in the
preceding five fiscal years;

(3) has a long-range strategic and financial plan;

(4) completes a feasibility study of available buildings; deleted text begin and
deleted text end

(5) documents enrollment projections and the need to use an affiliated building
corporation to renovate or purchase an existing facility to serve as a school new text begin ; and
new text end

new text begin (6) has a plan for the renovation or purchase, which describes the parameters and
budget for the project new text end .

(d) A charter school may organize an affiliated nonprofit building corporation to new text begin
expand an existing school facility or new text end construct a new school facility if the charter school:

(1) demonstrates the lack of facilities available to serve as a school;

(2) has been operating for at least eight consecutive school years;

(3) has had a net positive unreserved general fund balance as of June 30 in the
preceding eight fiscal years;

(4) completes a feasibility study of facility options;

(5) has a long-range strategic and financial plan that includes enrollment projections
and demonstrates the need for constructing a new school facility; and

(6) has a new text begin plan for the expansion or new school facility, which describes the
parameters and budget for the project.
new text end

new text begin (e) A charter school or an affiliated nonprofit building corporation organized by a
charter school must not initiate an installment contract for purchase, or a lease agreement,
or solicit bids for new construction, expansion, or remodeling of an educational facility
that requires an expenditure in excess of $1,400,000, unless it meets the criteria in
paragraph (b) and paragraph (c) or (d), as applicable, and receives a new text end positive review and
comment from the commissioner under section 123B.71.

Sec. 6.

Minnesota Statutes 2011 Supplement, section 124D.10, subdivision 25, is
amended to read:

Subd. 25.

Extent of specific legal authority.

(a) The board of directors of a charter
school may sue and be sued.

(b) The board may not levy taxes or issue bonds.

(c) The commissioner, an authorizer, members of the board of an authorizer in
their official capacity, and employees of an authorizer are immune from civil or criminal
liability with respect to all activities related to a charter school they approve or authorize.
The board of directors shall obtain at least the amount of and types of insurance up to the
applicable tort liability limits under chapter 466. The charter school board must submit
a copy of the insurance policy to its authorizer deleted text begin and the commissioner deleted text end before starting
operations. The charter school board must submit changes in its insurance carrier or policy
to its authorizer and the commissioner within 20 business days of the change.

(d) Notwithstanding section 3.736, the charter school shall assume full liability for
its activities and indemnify and hold harmless the authorizer and its officers, agents, and
employees from any suit, claim, or liability arising from any operation of the charter school
and the commissioner and department officers, agents, and employees. A charter school
is not required to indemnify or hold harmless a state employee if the state would not be
required to indemnify and hold the employee harmless under section 3.736, subdivision 9.

Sec. 7.

Laws 2011, First Special Session chapter 11, article 2, section 50, subdivision
16, is amended to read:

Subd. 16.

Student organizations.

For student organizations:

	$	725,000	.....	2012
	$	725,000	.....	2013

$49,000 each year is for student organizations serving health occupations deleted text begin (HUSA) deleted text end new text begin
(HOSA) new text end .

$46,000 each year is for student organizations serving service occupations (HERO).

$106,000 each year is for student organizations serving trade and industry
occupations (SkillsUSA, secondary and postsecondary).

$101,000 each year is for student organizations serving business occupations
( deleted text begin DECA, deleted text end BPA, secondary and postsecondary).

$158,000 each year is for student organizations serving agriculture occupations
(FFA, PAS).

$150,000 each year is for student organizations serving family and consumer science
occupations (FCCLA).

$115,000 each year is for student organizations serving marketing occupations
deleted text begin (DEX) deleted text end new text begin (DECA, DECA Collegiate) new text end .

Any balance in the first year does not cancel but is available in the second year.

ARTICLE 3

SPECIAL PROGRAMS

Section 1.

Minnesota Statutes 2010, section 125A.14, is amended to read:

125A.14 EXTENDED SCHOOL YEAR.

A district may provide extended school year services for children with a disability
living within the district and nonresident children temporarily placed in the district
pursuant to section 125A.15 deleted text begin or 125A.16 deleted text end . Prior to March 31 or 30 days after the child
with a disability is placed in the district, whichever is later, the providing district shall
give notice to the district of residence of any nonresident children temporarily placed in
the district pursuant to section 125A.15 deleted text begin or 125A.16 deleted text end , of its intention to provide these
programs. Notwithstanding any contrary provisions in deleted text begin sections deleted text end new text begin section new text end 125A.15 deleted text begin and
125A.16 deleted text end , the district providing the special instruction and services must apply for special
education aid for the extended school year services. The unreimbursed actual cost of
providing the program for nonresident children with a disability, including the cost of
board and lodging, may be billed to the district of the child's residence and must be paid
by the resident district. Transportation costs must be paid by the district responsible
for providing transportation pursuant to section 125A.15 deleted text begin or 125A.16 deleted text end and transportation
aid must be paid to that district.

Sec. 2.

Minnesota Statutes 2010, section 125A.19, is amended to read:

125A.19 NONRESIDENT EDUCATION; BILLING.

All tuition billing for the education of nonresident children pursuant to sections
125A.03 to 125A.24 new text begin , 125A.51, 125A.515, new text end and 125A.65 must be done on uniform forms
prescribed by the commissioner. The billing shall contain an itemized statement of costs
that are being charged to the district of residence. deleted text begin One copy of each billing must be filed
with the commissioner.
deleted text end

Sec. 3.

Minnesota Statutes 2010, section 125A.515, subdivision 1, is amended to read:

Subdivision 1.

Approval of education programs.

The commissioner shall approve
new text begin on-site new text end education programs for placement of children and youth in residential facilities
including detention centers, before being licensed by the Department of Human Services
or the Department of Corrections. Education programs in these facilities shall conform to
state and federal education laws including the Individuals with Disabilities Education Act
(IDEA). This section applies only to placements in facilities licensed by the Department of
Human Services or the Department of Corrections. new text begin For purposes of this section, "on-site
education program" means the educational services provided directly on the grounds of
the care and treatment facility to children and youth placed for care and treatment.
new text end

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, sections 125A.16; and 125A.80, new text end new text begin are repealed.
new text end