1997 Minnesota Statutes

     120.0751 Commissioner of children, families, and 
  learning; enrollment exceptions. 

    Subdivision 1.  The commissioner may permit a pupil to 
 enroll in a school district of which the pupil is not a resident 
 under this section.  

    Subd. 2.  The pupil or the pupil's parent or guardian shall 
 make application to the commissioner, explaining the particular 
 circumstances which make the nonresident district the 
 appropriate district of attendance for the pupil.  The 
 application must be signed by the pupil's parent or guardian and 
 the superintendent of the nonresident district.  

    Subd. 3.    Criteria for approval.  In approving or 
 disapproving the application the commissioner shall consider the 
 following:  

    (a) if the circumstances of the pupil are similar or 
 analogous to the exceptions permitted by section 120.075, 
 whether attending school in the district of residence creates a 
 particular hardship for the pupil; or 

    (b) if the pupil has been continuously enrolled for at 
 least two years in a district of which the pupil was not a 
 resident because of an error made in good faith about the actual 
 district of residence, whether attending school in the district 
 of residence creates a particular hardship for the pupil.  If 
 the commissioner finds that a good faith error was made and that 
 attending school in the district of residence would create a 
 particular hardship for the siblings of that pupil or foster 
 children of that pupil's parents, the commissioner may 
 separately approve an application for any or all of the siblings 
 of the pupil who are related by blood, adoption, or marriage and 
 for foster children of the pupil's parents.  

    Subd. 4.  The commissioner shall render its decision in 
 each case within 60 days of receiving the application in 
 subdivision 2.  

    Subd. 5.  The commissioner shall provide the forms required 
 by subdivision 2 and shall adopt the procedures necessary to 
 implement this section. 

    Subd. 6.    Aid.  General education aid and 
 transportation aid for pupils covered by programs under this 
 section must be paid according to sections 124A.036, subdivision 
 5, and 124.225, subdivision 8l. 

    HIST: 1980 c 609 art 6 s 4; 1981 c 358 art 7 s 4; 1983 c 314 
 art 7 s 4; 1986 c 444; 1988 c 718 art 7 s 12,13; 1989 c 222 s 4; 
 1993 c 224 art 13 s 2; 1Sp1995 c 3 art 16 s 13; 1997 c 7 art 1 s 
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