SF 2642

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; imposing financial 
  1.3             responsibility on a district providing special 
  1.4             instruction and services for a child with disability 
  1.5             when the child is enrolled under the enrollment 
  1.6             options program; amending Minnesota Statutes 1994, 
  1.7             section 124A.036, subdivision 5.  
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1994, section 124A.036, 
  1.10  subdivision 5, is amended to read: 
  1.11     Subd. 5.  [ALTERNATIVE ATTENDANCE PROGRAMS.] The general 
  1.12  education aid for districts must be adjusted for each pupil 
  1.13  attending a nonresident district under sections 120.062, 
  1.14  120.075, 120.0751, 120.0752, 124C.45 to 124C.48, and 126.22.  
  1.15  The adjustments must be made according to this subdivision. 
  1.16     (a) General education aid paid to a resident district must 
  1.17  be reduced by an amount equal to the general education revenue 
  1.18  exclusive of compensatory revenue attributable to the pupil in 
  1.19  the resident district. 
  1.20     (b) General education aid paid to a district serving a 
  1.21  pupil in programs listed in this subdivision shall be increased 
  1.22  by an amount equal to the general education revenue exclusive of 
  1.23  compensatory revenue attributable to the pupil in the 
  1.24  nonresident district.  
  1.25     (c) If the amount of the reduction to be made from the 
  1.26  general education aid of the resident district is greater than 
  2.1   the amount of general education aid otherwise due the district, 
  2.2   the excess reduction must be made from other state aids due the 
  2.3   district. 
  2.4      (d) The district of residence shall pay tuition to a 
  2.5   district or an area learning center, operated according to 
  2.6   paragraph (e), providing special instruction and services to a 
  2.7   pupil with a disability, as defined in section 120.03, or a 
  2.8   pupil, as defined in section 120.181, who is enrolled in a 
  2.9   program listed in this subdivision.  The tuition shall be equal 
  2.10  to (1) the actual cost of providing special instruction and 
  2.11  services to the pupil, including a proportionate amount for debt 
  2.12  service and for capital expenditure facilities and equipment, 
  2.13  and debt service but not including any amount for 
  2.14  transportation, minus (2) the amount of general education aid, 
  2.15  the amount of capital expenditure facilities aid and capital 
  2.16  expenditure equipment aid received under section 124.245, 
  2.17  subdivision 6, and special education aid, attributable to that 
  2.18  pupil, that is received by the district providing special 
  2.19  instruction and services. 
  2.20     (e) An area learning center operated by an educational 
  2.21  cooperative service unit, intermediate district, education 
  2.22  district, or a joint powers cooperative may elect through the 
  2.23  action of the constituent boards to charge tuition for pupils 
  2.24  rather than to calculate general education aid adjustments under 
  2.25  paragraph (a), (b), or (c).  The tuition must be equal to the 
  2.26  greater of the average general education revenue per pupil unit 
  2.27  attributable to the pupil, or the actual cost of providing the 
  2.28  instruction, excluding transportation costs, if the pupil meets 
  2.29  the requirements of section 120.03 or 120.181. 
  2.30     (f) Notwithstanding paragraph (d), a district providing 
  2.31  special instruction and services for a child with a disability 
  2.32  enrolled in that district according to section 120.062 is 
  2.33  responsible for the cost of that instruction.  The resident 
  2.34  district is not required to pay tuition for the cost of a child 
  2.35  with a disability enrolled in another district according to 
  2.36  section 120.062.