1.1                          A bill for an act 
  1.2             relating to education; prohibiting a district from 
  1.3             billing special education tuition to a resident 
  1.4             district if the child open enrolls in another 
  1.5             district; reimbursing independent school district No. 
  1.6             277, Westonka, for tuition payments; appropriating 
  1.7             money; amending Minnesota Statutes 1998, sections 
  1.8             125A.03; 125A.05; and 125A.11, subdivisions 1 and 2; 
  1.9             proposing coding for new law in Minnesota Statutes, 
  1.10            chapter 125A. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1998, section 125A.03, is 
  1.13  amended to read: 
  1.14     125A.03 [SPECIAL INSTRUCTION FOR CHILDREN WITH A 
  1.15  DISABILITY.] 
  1.16     (a) As defined in paragraph (b), to the extent required in 
  1.17  federal law as of July 1, 1999, every district must provide 
  1.18  special instruction and services, either within the district or 
  1.19  in another district, for children with a disability who are 
  1.20  residents of the district, except for children who enroll in 
  1.21  another district according to section 125A.175, and who are 
  1.22  disabled as set forth in section 125A.02. 
  1.23     (b) Notwithstanding any age limits in laws to the contrary, 
  1.24  special instruction and services must be provided from birth 
  1.25  until September 1 after the child with a disability becomes 22 
  1.26  years old but shall not extend beyond secondary school or its 
  1.27  equivalent, except as provided in section 124D.68, subdivision 
  1.28  2.  Local health, education, and social service agencies must 
  2.1   refer children under age five who are known to need or suspected 
  2.2   of needing special instruction and services to the school 
  2.3   district.  Districts with less than the minimum number of 
  2.4   eligible children with a disability as determined by the state 
  2.5   board must cooperate with other districts to maintain a full 
  2.6   range of programs for education and services for children with a 
  2.7   disability.  This section does not alter the compulsory 
  2.8   attendance requirements of section 120A.22. 
  2.9      Sec. 2.  Minnesota Statutes 1998, section 125A.05, is 
  2.10  amended to read: 
  2.11     125A.05 [METHOD OF SPECIAL INSTRUCTION.] 
  2.12     (a) As defined in this subdivision, to the extent required 
  2.13  by federal law as of July 1, 1999, special instruction and 
  2.14  services for children with a disability must be based on the 
  2.15  assessment and individual education plan.  The instruction and 
  2.16  services may be provided by one or more of the following methods:
  2.17     (1) in connection with attending regular elementary and 
  2.18  secondary school classes; 
  2.19     (2) establishment of special classes; 
  2.20     (3) at the home or bedside of the child; 
  2.21     (4) in other districts; 
  2.22     (5) instruction and services by special education 
  2.23  cooperative centers established under this section, or in 
  2.24  another member district of the cooperative center to which the 
  2.25  resident district of the child with a disability belongs; 
  2.26     (6) in a state residential school or a school department of 
  2.27  a state institution approved by the commissioner; 
  2.28     (7) in other states; 
  2.29     (8) by contracting with public, private or voluntary 
  2.30  agencies; 
  2.31     (9) for children under age five and their families, 
  2.32  programs and services established through collaborative efforts 
  2.33  with other agencies; 
  2.34     (10) for children under age five and their families, 
  2.35  programs in which children with a disability are served with 
  2.36  children without a disability; and 
  3.1      (11) any other method approved by the commissioner. 
  3.2      (b) Preference shall be given to providing special 
  3.3   instruction and services to children under age three and their 
  3.4   families in the residence of the child with the parent or 
  3.5   primary caregiver, or both, present. 
  3.6      (c) The primary responsibility for the education of a child 
  3.7   with a disability must remain with the district of the child's 
  3.8   residence regardless of which method of providing special 
  3.9   instruction and services is used, unless the child enrolls in 
  3.10  another district as provided in sections 124D.03 to 124D.08, 
  3.11  then the district providing special instruction is responsible 
  3.12  for the education of the child.  If a district other than a 
  3.13  child's district of residence provides special instruction and 
  3.14  services to the child, then the district providing the special 
  3.15  instruction and services must notify the child's district of 
  3.16  residence before the child's individual education plan is 
  3.17  developed and must provide the district of residence an 
  3.18  opportunity to participate in the plan's development.  The 
  3.19  district of residence must inform the parents of the child about 
  3.20  the methods of instruction that are available. 
  3.21     Sec. 3.  Minnesota Statutes 1998, section 125A.11, 
  3.22  subdivision 1, is amended to read: 
  3.23     Subdivision 1.  [NONRESIDENT TUITION RATE; OTHER COSTS.] 
  3.24  When a school district provides instruction and services outside 
  3.25  the district of residence, board and lodging, and any tuition to 
  3.26  be paid, shall be paid by the district of residence, except the 
  3.27  tuition for a child who has enrolled in the district as provided 
  3.28  in sections 124D.03 to 124D.08 shall be paid by the district 
  3.29  providing special instruction for the child.  The tuition rate 
  3.30  to be charged for any child with a disability must be the actual 
  3.31  cost of providing special instruction and services to the child 
  3.32  including a proportionate amount for capital outlay and debt 
  3.33  service but not including any amount for transportation, minus 
  3.34  the amount of special aid for children with a disability 
  3.35  received on behalf of that child.  If the boards involved do not 
  3.36  agree upon the tuition rate, either board may apply to the 
  4.1   commissioner to fix the rate.  The commissioner must then set a 
  4.2   date for a hearing, giving each board at least ten days' notice, 
  4.3   and after the hearing the commissioner must make an order fixing 
  4.4   the tuition rate, which is binding on both school districts. 
  4.5      Sec. 4.  Minnesota Statutes 1998, section 125A.11, 
  4.6   subdivision 2, is amended to read: 
  4.7      Subd. 2.  [NONRESIDENT TRANSPORTATION.] When a district 
  4.8   provides instruction and services in a day program outside the 
  4.9   district of residence, the district of residence is responsible 
  4.10  for providing transportation, except the transportation for a 
  4.11  child who has enrolled in the district as provided in sections 
  4.12  124D.03 to 124D.08 shall be provided by the district serving the 
  4.13  child.  When a district provides instruction and services 
  4.14  requiring board and lodging or placement in a residential 
  4.15  program outside the district of residence, the nonresident 
  4.16  district in which the child is placed is responsible for 
  4.17  providing transportation.  Transportation costs shall be paid by 
  4.18  the district responsible for providing transportation and the 
  4.19  state shall pay transportation aid to that district.  
  4.20     Sec. 5.  [125A.175] [DISTRICT RESPONSIBILITY FOR A CHILD 
  4.21  WHO ENROLLS IN ANOTHER DISTRICT.] 
  4.22     Notwithstanding sections 125A.03 to 125A.24 and 125A.65, 
  4.23  the district providing special instruction and services for a 
  4.24  nonresident child who has enrolled in the district as provided 
  4.25  in sections 124D.03 to 124D.08 shall be responsible for the 
  4.26  actual cost of providing the education program for the child.  
  4.27  The district shall not make a tuition charge to the district of 
  4.28  residence of a child under this section. 
  4.29     Sec. 6.  [APPROPRIATION.] 
  4.30     $....... is appropriated in fiscal year 2000 from the 
  4.31  general fund to the department of children, families, and 
  4.32  learning for independent school district No. 277, Westonka, for 
  4.33  unreimbursed special education tuition bills. 
  4.34     Sec. 7.  [EFFECTIVE DATE.] 
  4.35     Sections 1 to 6 are effective July 1, 1999.