SF 3243

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

A bill for an act
relating to education finance; including certain special education fiscal agents in
the list of cooperative special education service providers eligible for a waiver;
amending Minnesota Statutes 2005 Supplement, section 125A.11, subdivision 1.

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

Section 1.

Minnesota Statutes 2005 Supplement, section 125A.11, subdivision 1,
is amended to read:

Subdivision 1.

Nonresident tuition rate; other costs.

(a) For fiscal year 2006,
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.
The tuition rate to be charged for any child with a disability, excluding a pupil for whom
tuition is calculated according to section 127A.47, subdivision 7, paragraph (d), must be
the sum of (1) the actual cost of providing special instruction and services to the child
including a proportionate amount for special transportation and unreimbursed building
lease and debt service costs for facilities used primarily for special education, plus (2)
the amount of general education revenue and referendum aid attributable to the pupil,
minus (3) the amount of special education aid for children with a disability received
on behalf of that child, minus (4) if the pupil receives special instruction and services
outside the regular classroom for more than 60 percent of the school day, the amount of
general education revenue and referendum aid, excluding portions attributable to district
and school administration, district support services, operations and maintenance, capital
expenditures, and pupil transportation, attributable to that pupil for the portion of time
the pupil receives instruction in the regular classroom. If the boards involved do not
agree upon the tuition rate, either board may apply to the commissioner to fix the rate.
Notwithstanding chapter 14, the commissioner must then set a date for a hearing or
request a written statement from each board, giving each board at least ten days' notice,
and after the hearing or review of the written statements the commissioner must make an
order fixing the tuition rate, which is binding on both school districts. General education
revenue and referendum aid attributable to a pupil must be calculated using the resident
district's average general education and referendum revenue per adjusted pupil unit.

(b) For fiscal year 2007 and later, when a school district provides special instruction
and services for a pupil with a disability as defined in section 125A.02 outside the district
of residence, excluding a pupil for whom an adjustment to special education aid is
calculated according to section 127A.47, subdivision 7, paragraph (e), special education
aid paid to the resident district must be reduced by an amount equal to (1) the actual
cost of providing special instruction and services to the pupil, including a proportionate
amount for special transportation and unreimbursed building lease and debt service costs
for facilities used primarily for special education, plus (2) the amount of general education
revenue and referendum aid attributable to that pupil, minus (3) the amount of special
education aid for children with a disability received on behalf of that child, minus (4) if the
pupil receives special instruction and services outside the regular classroom for more than
60 percent of the school day, the amount of general education revenue and referendum
aid, excluding portions attributable to district and school administration, district support
services, operations and maintenance, capital expenditures, and pupil transportation,
attributable to that pupil for the portion of time the pupil receives instruction in the regular
classroom. General education revenue and referendum aid attributable to a pupil must be
calculated using the resident district's average general education revenue and referendum
aid per adjusted pupil unit. Special education aid paid to the district or cooperative
providing special instruction and services for the pupil must be increased by the amount
of the reduction in the aid paid to the resident district. Amounts paid to cooperatives
under this subdivision and section 127A.47, subdivision 7, shall be recognized and
reported as revenues and expenditures on the resident school district's books of account
under sections 123B.75 and 123B.76. If the resident district's special education aid is
insufficient to make the full adjustment, the remaining adjustment shall be made to other
state aid due to the district.

(c) Notwithstanding paragraphs (a) and (b) and section 127A.47, subdivision 7,
paragraphs (d) and (e), a charter school where more than 30 percent of enrolled students
receive special education and related services, an intermediate district, deleted text begin or deleted text end a special
education cooperative new text begin , or a school district that served as the applicant agency for a group
of school districts for federal special education aids for fiscal year 2006 new text end 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 section 127A.47, subdivision 7, paragraph (d) or (e), as applicable.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end