1997 Minnesota Statutes

   120.17 Children with a disability. 

    Subdivision 1.    Special instruction for children with a 
 disability.  Every district shall provide special instruction 
 and services, either within the district or in another district, 
 for children with a disability who are residents of the district 
 and who are disabled as set forth in section 120.03.  
 Notwithstanding any age limits in laws to the contrary, special 
 instruction and services must be provided from birth until 
 September 1 after the child with a disability becomes 22 years 
 old but shall not extend beyond secondary school or its 
 equivalent, except as provided in section 126.22, subdivision 
 2.  Local health, education, and social service agencies shall 
 refer children under age five who are known to need or suspected 
 of needing special instruction and services to the school 
 district.  Districts with less than the minimum number of 
 eligible children with a disability as determined by the state 
 board shall cooperate with other districts to maintain a full 
 range of programs for education and services for children with a 
 disability.  This subdivision does not alter the compulsory 
 attendance requirements of section 120.101. 

    Subd. 1a. Repealed, 1Sp1985 c 12 art 3 s 30 

    Subd. 1b.    High school diploma.  Upon completion of 
 secondary school or the equivalent, a pupil with a disability 
 who satisfactorily attains the objectives in the pupil's 
 individual education plan shall be granted a high school diploma 
 that is identical to the diploma granted to a pupil without a 
 disability. 

    Subd. 2.    Method of special instruction.  (a) Special 
 instruction and services for children with a disability must be 
 based on the assessment and individual education plan.  The 
 instruction and services may be provided by one or more of the 
 following methods: 

    (1) in connection with attending regular elementary and 
 secondary school classes; 

    (2) establishment of special classes; 

    (3) at the home or bedside of the child; 

    (4) in other districts; 

    (5) instruction and services by special education 
 cooperative centers established under this section, or in 
 another member district of the cooperative center to which the 
 resident district of the child with a disability belongs; 

    (6) in a state residential school or a school department of 
 a state institution approved by the commissioner; 

    (7) in other states; 

    (8) by contracting with public, private or voluntary 
 agencies; 

    (9) for children under age five and their families, 
 programs and services established through collaborative efforts 
 with other agencies; 

    (10) for children under age five and their families, 
 programs in which children with a disability are served with 
 children without a disability; and 

    (11) any other method approved by the commissioner. 

    (b) Preference shall be given to providing special 
 instruction and services to children under age three and their 
 families in the residence of the child with the parent or 
 primary caregiver, or both, present. 

    (c) The primary responsibility for the education of a child 
 with a disability shall remain with the district of the child's 
 residence regardless of which method of providing special 
 instruction and services is used.  If a district other than a 
 child's district of residence provides special instruction and 
 services to the child, then the district providing the special 
 instruction and services shall notify the child's district of 
 residence before the child's individual education plan is 
 developed and shall provide the district of residence an 
 opportunity to participate in the plan's development.  The 
 district of residence must inform the parents of the child about 
 the methods of instruction that are available. 

    (d) Paragraphs (e) to (i) may be cited as the "blind 
 persons' literacy rights and education act." 

    (e) The following definitions apply to paragraphs (f) to 
 (i). 

    "Blind student" means an individual who is eligible for 
 special educational services and who: 

    (1) has a visual acuity of 20/200 or less in the better eye 
 with correcting lenses or has a limited field of vision such 
 that the widest diameter subtends an angular distance of no 
 greater than 20 degrees; or 

    (2) has a medically indicated expectation of visual 
 deterioration. 

    "Braille" means the system of reading and writing through 
 touch commonly known as standard English Braille.  

    "Individualized education plan" means a written statement 
 developed for a student eligible for special education and 
 services pursuant to this section and section 602(a)(20) of part 
 A of the Individuals with Disabilities Education Act, United 
 States Code, title 20, section 1401(a). 

    (f) In developing an individualized education plan for each 
 blind student the presumption must be that proficiency in 
 Braille reading and writing is essential for the student to 
 achieve satisfactory educational progress.  The assessment 
 required for each student must include a Braille skills 
 inventory, including a statement of strengths and deficits.  
 Braille instruction and use are not required by this paragraph 
 if, in the course of developing the student's individualized 
 education program, team members concur that the student's visual 
 impairment does not affect reading and writing performance 
 commensurate with ability.  This paragraph does not require the 
 exclusive use of Braille if other special education services are 
 appropriate to the student's educational needs.  The provision 
 of other appropriate services does not preclude Braille use or 
 instruction.  Instruction in Braille reading and writing shall 
 be available for each blind student for whom the 
 multidisciplinary team has determined that reading and writing 
 is appropriate. 

    (g) Instruction in Braille reading and writing must be 
 sufficient to enable each blind student to communicate 
 effectively and efficiently with the same level of proficiency 
 expected of the student's peers of comparable ability and grade 
 level.  

    (h) The student's individualized education plan must 
 specify: 

    (1) the results obtained from the assessment required under 
 paragraph (f); 

    (2) how Braille will be implemented through integration 
 with other classroom activities; 

    (3) the date on which Braille instruction will begin; 

    (4) the length of the period of instruction and the 
 frequency and duration of each instructional session; 

    (5) the level of competency in Braille reading and writing 
 to be achieved by the end of the period and the objective 
 assessment measures to be used; and 

    (6) if a decision has been made under paragraph (f) that 
 Braille instruction or use is not required for the student:  

    (i) a statement that the decision was reached after a 
 review of pertinent literature describing the educational 
 benefits of Braille instruction and use; and 

    (ii) a specification of the evidence used to determine that 
 the student's ability to read and write effectively without 
 Braille is not impaired. 

    (i) Instruction in Braille reading and writing is a service 
 for the purpose of special education and services under this 
 section. 

    (j) Paragraphs (e) to (i) shall not be construed to 
 supersede any rights of a parent or guardian of a child with a 
 disability under federal or state law. 

    Subd. 3.    Rules of the state board.  (a) The state 
 board shall promulgate rules relative to qualifications of 
 essential personnel, courses of study, methods of instruction, 
 pupil eligibility, size of classes, rooms, equipment, 
 supervision, parent consultation, and any other rules it deems 
 necessary for instruction of children with a disability.  These 
 rules shall provide standards and procedures appropriate for the 
 implementation of and within the limitations of subdivisions 3a 
 and 3b.  These rules shall also provide standards for the 
 discipline, control, management and protection of children with 
 a disability.  The state board shall not adopt rules for pupils 
 served in level 1, 2, or 3, as defined in Minnesota Rules, part 
 3525.2340, establishing either case loads or the maximum number 
 of pupils that may be assigned to special education teachers.  
 The state board, in consultation with the departments of health 
 and human services, shall adopt permanent rules for instruction 
 and services for children under age five and their families.  
 These rules are binding on state and local education, health, 
 and human services agencies.  The state board shall adopt rules 
 to determine eligibility for special education services.  The 
 rules shall include procedures and standards by which to grant 
 variances for experimental eligibility criteria.  The state 
 board shall, according to section 14.05, subdivision 4, notify a 
 district applying for a variance from the rules within 45 
 calendar days of receiving the request whether the request for 
 the variance has been granted or denied.  If a request is 
 denied, the board shall specify the program standards used to 
 evaluate the request and the reasons for denying the request.  

    (b) The state's regulatory scheme should support schools by 
 assuring that all state special education rules adopted by the 
 state board of education result in one or more of the following 
 outcomes: 

    (1) increased time available to teachers for educating 
 students through direct and indirect instruction; 

    (2) consistent and uniform access to effective education 
 programs for students with disabilities throughout the state; 

    (3) reduced inequalities, conflict, and court actions 
 related to the delivery of special education instruction and 
 services for students with disabilities; 

    (4) clear expectations for service providers and for 
 students with disabilities; 

    (5) increased accountability for all individuals and 
 agencies that provide instruction and other services to students 
 with disabilities; 

    (6) greater focus for the state and local resources 
 dedicated to educating students with disabilities; and 

    (7) clearer standards for evaluating the effectiveness of 
 education and support services for students with disabilities. 

    Subd. 3a.    School district obligations.  Every 
 district shall ensure that: 

    (1) all students with disabilities are provided the special 
 instruction and services which are appropriate to their needs.  
 Where the individual education plan team has determined 
 appropriate goals and objectives based on the student's needs, 
 including the extent to which the student can be included in the 
 least restrictive environment, and where there are essentially 
 equivalent and effective instruction, related services, or 
 assistive technology devices available to meet the student's 
 needs, cost to the school district may be among the factors 
 considered by the team in choosing how to provide the 
 appropriate services, instruction, or devices that are to be 
 made part of the student's individual education plan.  The 
 student's needs and the special education instruction and 
 services to be provided shall be agreed upon through the 
 development of an individual education plan.  The plan shall 
 address the student's need to develop skills to live and work as 
 independently as possible within the community.  By grade 9 or 
 age 14, the plan shall address the student's needs for 
 transition from secondary services to post-secondary education 
 and training, employment, community participation, recreation, 
 and leisure and home living.  The plan must include a statement 
 of the needed transition services, including a statement of the 
 interagency responsibilities or linkages or both before 
 secondary services are concluded; 

    (2) children with a disability under age five and their 
 families are provided special instruction and services 
 appropriate to the child's level of functioning and needs; 

    (3) children with a disability and their parents or 
 guardians are guaranteed procedural safeguards and the right to 
 participate in decisions involving identification, assessment 
 including assistive technology assessment, and educational 
 placement of children with a disability; 

    (4) to the maximum extent appropriate, children with a 
 disability, including those in public or private institutions or 
 other care facilities, are educated with children who are not 
 disabled, and that special classes, separate schooling, or other 
 removal of children with a disability from the regular 
 educational environment occurs only when and to the extent that 
 the nature or severity of the disability is such that education 
 in regular classes with the use of supplementary services cannot 
 be achieved satisfactorily; 

    (5) in accordance with recognized professional standards, 
 testing and evaluation materials, and procedures utilized for 
 the purposes of classification and placement of children with a 
 disability are selected and administered so as not to be 
 racially or culturally discriminatory; and 

    (6) the rights of the child are protected when the parents 
 or guardians are not known or not available, or the child is a 
 ward of the state. 

    Subd. 3b.    Procedures for decisions.  Every district 
 shall utilize at least the following procedures for decisions 
 involving identification, assessment, and educational placement 
 of children with a disability: 

    (a) Parents and guardians shall receive prior written 
 notice of:  

    (1) any proposed formal educational assessment or proposed 
 denial of a formal educational assessment of their child; 

    (2) a proposed placement of their child in, transfer from 
 or to, or denial of placement in a special education program; or 

    (3) the proposed provision, addition, denial or removal of 
 special education services for their child; 

    (b) The district shall not proceed with the initial formal 
 assessment of a child, the initial placement of a child in a 
 special education program, or the initial provision of special 
 education services for a child without the prior written consent 
 of the child's parent or guardian.  The refusal of a parent or 
 guardian to consent may be overridden by the decision in a 
 hearing held pursuant to clause (e) at the district's 
 initiative; 

    (c) Parents and guardians shall have an opportunity to meet 
 with appropriate district staff in at least one conciliation 
 conference, mediation, or other method of alternative dispute 
 resolution that the parties agree to, if they object to any 
 proposal of which they are notified pursuant to clause (a).  The 
 conciliation process or other form of alternative dispute 
 resolution shall not be used to deny or delay a parent or 
 guardian's right to a due process hearing.  If the parent or 
 guardian refuses efforts by the district to conciliate the 
 dispute with the school district, the requirement of an 
 opportunity for conciliation or other alternative dispute 
 resolution shall be deemed to be satisfied.  Notwithstanding 
 other law, in any proceeding following a conciliation 
 conference, the school district must not offer a conciliation 
 conference memorandum into evidence, except for any portions 
 that describe the district's final proposed offer of service.  
 Otherwise, with respect to forms of dispute resolution, 
 mediation, or conciliation, Minnesota Rule of Evidence 408 
 applies.  The department of children, families, and learning may 
 reimburse the districts or directly pay the costs of lay 
 advocates, not to exceed $150 per dispute, used in conjunction 
 with alternative dispute resolution. 

    (d) The commissioner shall establish a mediation process to 
 assist parents, school districts, or other parties to resolve 
 disputes arising out of the identification, assessment, or 
 educational placement of children with a disability.  The 
 mediation process must be offered as an informal alternative to 
 the due process hearing provided under clause (e), but must not 
 be used to deny or postpone the opportunity of a parent or 
 guardian to obtain a due process hearing. 

    (e) Parents, guardians, and the district shall have an 
 opportunity to obtain an impartial due process hearing initiated 
 and conducted by and in the school district responsible for 
 assuring that an appropriate program is provided in accordance 
 with state board rules, if the parent or guardian continues to 
 object to:  

    (1) a proposed formal educational assessment or proposed 
 denial of a formal educational assessment of their child; 

    (2) the proposed placement of their child in, or transfer 
 of their child to a special education program; 

    (3) the proposed denial of placement of their child in a 
 special education program or the transfer of their child from a 
 special education program; 

    (4) the proposed provision or addition of special education 
 services for their child; or 

    (5) the proposed denial or removal of special education 
 services for their child. 

    Within five business days after the request for a hearing, 
 or as directed by the hearing officer, the objecting party shall 
 provide the other party with a brief written statement of 
 particulars of the objection, the reasons for the objection, and 
 the specific remedies sought.  The other party shall provide the 
 objecting party with a written response to the statement of 
 objections within five business days of receipt of the statement.

    The hearing shall take place before an impartial hearing 
 officer mutually agreed to by the school board and the parent or 
 guardian.  Within four business days of the receipt of the 
 request for the hearing, if the parties have not agreed on the 
 hearing officer, the school board shall request the commissioner 
 to appoint a hearing officer.  The school board shall include 
 with the request the name of the person requesting the hearing, 
 the name of the student, the attorneys involved, if any, and the 
 date the hearing request was received.  The hearing officer 
 shall not be a school board member or employee of the school 
 district where the child resides or of the child's school 
 district of residence, an employee of any other public agency 
 involved in the education or care of the child, or any person 
 with a personal or professional interest which would conflict 
 with the person's objectivity at the hearing.  A person who 
 otherwise qualifies as a hearing officer is not an employee of 
 the district solely because the person is paid by the district 
 to serve as a hearing officer.  If the hearing officer requests 
 an independent educational assessment of a child, the cost of 
 the assessment shall be at district expense.  The proceedings 
 shall be recorded and preserved, at the expense of the school 
 district, pending ultimate disposition of the action. 

    (f) The decision of the hearing officer pursuant to clause 
 (e) shall be rendered not more than 45 calendar days from the 
 date of the receipt of the request for the hearing, except that 
 hearing officers are encouraged to accelerate the timeline to 30 
 days for children birth through two whose needs change rapidly 
 and require quick resolution of complaints.  A hearing officer 
 may not grant specific extensions of time beyond the 45-day 
 period unless requested by either party for good cause shown on 
 the record.  The decision of the hearing officer shall be 
 binding on all parties unless appealed to the commissioner by 
 the parent; guardian; school board of the district where the 
 child resides pursuant to clause (g); and also in the case of 
 children birth through two, by the county board. 

    The local decision shall: 

    (1) be in writing; 

    (2) state the controlling facts upon which the decision is 
 made in sufficient detail to apprise the parties and the hearing 
 review officer of the basis and reason for the decision; and 

    (3) be based on the standards set forth in subdivision 3a 
 and the rules of the state board. 

    (g) Any local decision issued pursuant to clauses (e) and 
 (f) may be appealed to the commissioner within 30 calendar days 
 of receipt of that written decision, by the parent, guardian, or 
 the school board of the district responsible for assuring that 
 an appropriate program is provided in accordance with state 
 board rules.  The appealing party shall note the specific parts 
 of the hearing decision being appealed. 

    If the decision is appealed, a written transcript of the 
 hearing shall be made by the school district and provided by the 
 district to the parties involved and the hearing review officer 
 within five calendar days of the filing of the appeal.  The 
 hearing review officer shall conduct an appellate review and 
 issue a final independent decision based on an impartial review 
 of the local decision and the entire record within 30 calendar 
 days after the filing of the appeal.  However, the hearing 
 review officer shall seek additional evidence if necessary and 
 may afford the parties an opportunity for written or oral 
 argument; provided any hearing held to seek additional evidence 
 shall be an impartial due process hearing but shall be deemed 
 not to be a contested case hearing for purposes of chapter 14.  
 The hearing review officer may grant specific extensions of time 
 beyond the 30-day period at the request of any party for good 
 cause shown on the record. 

    The final decision shall: 

    (1) be in writing; 

    (2) include findings and conclusions; and 

    (3) be based upon the standards set forth in subdivision 3a 
 and in the rules of the state board. 

    (h) The decision of the hearing review officer shall be 
 final unless appealed by the parent or guardian or school board 
 to the Minnesota court of appeals or federal district court as 
 provided by federal law.  State judicial review shall be in 
 accordance with chapter 14.  

    (i) The commissioner of children, families, and learning 
 shall select an individual who has the qualifications enumerated 
 in this paragraph to serve as the hearing review officer: 

    (1) the individual must be knowledgeable and impartial; 

    (2) the individual must not have a personal interest in or 
 specific involvement with the student who is a party to the 
 hearing; 

    (3) the individual must not have been employed as an 
 administrator by the district that is a party to the hearing; 

    (4) the individual must not have been involved in the 
 selection of the administrators of the district that is a party 
 to the hearing; 

    (5) the individual must not have a personal, economic, or 
 professional interest in the outcome of the hearing other than 
 the proper administration of the federal and state laws, rules, 
 and policies; 

    (6) the individual must not have substantial involvement in 
 the development of a state or local policy or procedures that 
 are challenged in the appeal; 

    (7) the individual is not a current employee or board 
 member of a Minnesota public school district, education 
 district, intermediate unit or regional education agency, the 
 department of children, families, and learning, the state board 
 of education; and 

    (8) the individual is not a current employee or board 
 member of a disability advocacy organization or group.  

    (j) In all appeals, the parent or guardian of the pupil 
 with a disability or the district that is a party to the hearing 
 may challenge the impartiality or competence of the proposed 
 hearing review officer by applying to the hearing review officer.

    (k) Pending the completion of proceedings pursuant to this 
 subdivision, unless the district and the parent or guardian of 
 the child agree otherwise, the child shall remain in the child's 
 current educational placement and shall not be denied initial 
 admission to school. 

    (l) The child's school district of residence, a resident 
 district, and providing district shall receive notice of and may 
 be a party to any hearings or appeals under this subdivision. 

    (m) A school district is not liable for harmless technical 
 violations of this subdivision or rules implementing this 
 subdivision if the school district can demonstrate on a 
 case-by-case basis that the violations did not harm the 
 student's educational progress or the parent or guardian's right 
 to notice, participation, or due process. 

    (n) Within ten calendar days after appointment, the hearing 
 officer shall schedule and hold a prehearing conference.  At 
 that conference, or later, the hearing officer may take any 
 appropriate action that a court might take under Rule 16 of 
 Minnesota Rules of Civil Procedure including, but not limited 
 to, scheduling, jurisdiction, and listing witnesses including 
 expert witnesses. 

    (o) A hearing officer or hearing review officer appointed 
 under this subdivision shall be deemed to be an employee of the 
 state under section 3.732 for the purposes of section 3.736 only.

    (p) In order to be eligible for selection, hearing officers 
 and hearing review officers shall participate in training and 
 follow procedures as designated by the commissioner. 

    (q) The hearing officer may admit all evidence which 
 possesses probative value, including hearsay, if it is the type 
 of evidence on which reasonable, prudent persons are accustomed 
 to rely in the conduct of their serious affairs.  The hearing 
 officer shall give effect to the rules of privilege recognized 
 by law.  Evidence which is incompetent, irrelevant, immaterial, 
 or unduly repetitious shall be excluded. 

    Subd. 3c. Repealed, 1981 c 358 art 3 s 20 

    Subd. 3d.    Interagency services.  If at the time of 
 initial referral for an educational assessment, or a 
 reassessment, the school district determines that a child with 
 disabilities who is age 3 through 21 may be eligible for 
 interagency services, the district may request that the county 
 of residence provide a representative to the initial assessment 
 or reassessment team meeting or the first individual education 
 plan team meeting following the assessment or reassessment.  The 
 district may request to have a county representative attend 
 other individual education plan team meetings when it is 
 necessary to facilitate coordination between district and county 
 provided services.  Upon request from a school district, the 
 resident county shall provide a representative to assist the 
 individual education plan team in determining the child's 
 eligibility for existing health, mental health, or other support 
 services administered or provided by the county.  The individual 
 education plan team and the county representative shall develop 
 an interagency plan of care for an eligible child and the 
 child's family to coordinate services required under the child's 
 individual education plan with county services.  The interagency 
 plan of care shall include appropriate family information with 
 the consent of the family, a description of how services will be 
 coordinated between the district and county, a description of 
 service coordinator responsibilities and services, and a 
 description of activities for obtaining third-party payment for 
 eligible services, including medical assistance payments. 

    Subd. 4.    Special instructions for nonresident children. 
  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 
 shall be the actual cost of providing special instruction and 
 services to the child including a proportionate amount for 
 capital outlay and debt service but not including any amount for 
 transportation, minus the amount of special aid for children 
 with a disability received on behalf of that child.  If the 
 boards involved do not agree upon the tuition rate, either board 
 may apply to the commissioner to fix the rate.  The commissioner 
 shall then set a date for a hearing, giving each board at least 
 ten days' notice, and after the hearing the commissioner shall 
 make an order fixing the tuition rate, which shall be binding on 
 both school districts. 

    When a district provides instruction and services in a day 
 program outside the district of residence, the district of 
 residence shall be responsible for providing transportation.  
 When a district provides instruction and services requiring 
 board and lodging or placement in a residential program outside 
 the district of residence, the nonresident district in which the 
 child is placed shall be responsible for providing 
 transportation.  Transportation costs shall be paid by the 
 district responsible for providing transportation and the state 
 shall pay transportation aid to that district.  

    For the purposes of this section, any school district may 
 enter into an agreement, upon terms and conditions which are 
 mutually agreed upon, to provide special instruction and 
 services for children with a disability.  In that event, one of 
 the participating units may employ and contract with necessary 
 qualified personnel to offer services in the several districts.  
 Each participating unit shall reimburse the employing unit a 
 proportionate amount of the actual cost of providing the special 
 instruction and services, less the amount of state special 
 education aid, which shall be claimed in full by the employing 
 district. 

    Subd. 4a.    Attendance in another district.  No 
 resident of a district who is eligible for special instruction 
 and services pursuant to this section shall be denied provision 
 of this instruction and service because of attending a public 
 school in another school district pursuant to section 123.39, 
 subdivision 5, if the attendance is not subject to section 
 120.075, 120.0751, or 120.0752.  If the pupil attends a public 
 school located in a contiguous district and the district of 
 attendance does not provide special instruction and services, 
 the district of residence shall provide necessary transportation 
 for the pupil between the boundary of the district of residence 
 and the educational facility where special instruction and 
 services are provided within the district of residence.  The 
 district of residence may provide necessary transportation for 
 the pupil between its boundary and the school attended in the 
 contiguous district, but shall not pay the cost of 
 transportation provided outside the boundary of the district of 
 residence. 

    Subd. 5.    School of parents' choice.  Nothing in this 
 chapter shall be construed as preventing parents of a child with 
 a disability from sending such child to a school of their 
 choice, if they so elect, subject to admission standards and 
 policies adopted according to chapter 128A, and all other 
 provisions of chapters 120 to 129. 

    Subd. 5a.    Summer programs.  A district may provide 
 summer programs for children with a disability living within the 
 district and nonresident children temporarily placed in the 
 district pursuant to subdivision 6 or 7.  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 subdivision 6 or 
 7, of its intention to provide these programs.  Notwithstanding 
 any contrary provisions in subdivisions 6 and 7, the school 
 district providing the special instruction and services shall 
 apply for special education aid for the summer program.  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 shall be paid by the resident district.  
 Transportation costs shall be paid by the district responsible 
 for providing transportation pursuant to subdivision 6 or 7 and 
 transportation aid shall be paid to that district. 

    Subd. 6.    Placement in another district; responsibility. 
  The responsibility for special instruction and services for a 
 child with a disability temporarily placed in another district 
 for care and treatment shall be determined in the following 
 manner: 

    (a) The school district of residence of a child shall be 
 the district in which the child's parent resides, if living, or 
 the child's guardian, or the district designated by the 
 commissioner of children, families, and learning if neither 
 parent nor guardian is living within the state. 

    (b) When a child is temporarily placed for care and 
 treatment in a day program located in another district and the 
 child continues to live within the district of residence during 
 the care and treatment, the district of residence is responsible 
 for providing transportation and an appropriate educational 
 program for the child.  The district may provide the educational 
 program at a school within the district of residence, at the 
 child's residence, or in the district in which the day treatment 
 center is located by paying tuition to that district. 

    (c) When a child is temporarily placed in a residential 
 program for care and treatment, the nonresident district in 
 which the child is placed is responsible for providing an 
 appropriate educational program for the child and necessary 
 transportation while the child is attending the educational 
 program; and shall bill the district of the child's residence 
 for the actual cost of providing the program, as outlined in 
 subdivision 4, except that the board, lodging, and treatment 
 costs incurred in behalf of a child with a disability placed 
 outside of the school district of residence by the commissioner 
 of human services or the commissioner of corrections or their 
 agents, for reasons other than for making provision for the 
 child's special educational needs shall not become the 
 responsibility of either the district providing the instruction 
 or the district of the child's residence. 

    (d) The district of residence shall pay tuition and other 
 program costs, not including transportation costs, to the 
 district providing the instruction and services.  The district 
 of residence may claim general education aid for the child as 
 provided by law.  Transportation costs shall be paid by the 
 district responsible for providing the transportation and the 
 state shall pay transportation aid to that district. 

    Subd. 7.    Placement in state institution; 
 responsibility.  Responsibility for special instruction and 
 services for a child with a disability placed in a state 
 institution on a temporary basis shall be determined in the 
 following manner: 

    (a) The legal residence of such child shall be the school 
 district in which the child's parent resides, if living, or the 
 child's guardian.  

    (b) When the educational needs of such child can be met 
 through the institutional program, the costs for such 
 instruction shall be paid by the department to which the 
 institution is assigned.  

    (c) When it is determined that such child can benefit from 
 public school enrollment, provision for such instruction shall 
 be made in the following manner: 

    (1) determination of eligibility for special instruction 
 and services shall be made by the commissioner of children, 
 families, and learning and the commissioner of the department 
 responsible for the institution; 

    (2) the school district where the institution is located 
 shall be responsible for providing transportation and an 
 appropriate educational program for the child and shall make a 
 tuition charge to the child's district of residence for the 
 actual cost of providing the program; 

    (3) the district of the child's residence shall pay the 
 tuition and other program costs excluding transportation costs 
 and may claim general education aid for the child.  
 Transportation costs shall be paid by the district where the 
 institution is located and the state shall pay transportation 
 aid to that district. 

    Subd. 7a.    Attendance at school for the disabled.  
 Responsibility for special instruction and services for a 
 visually disabled or hearing impaired child attending the 
 Minnesota state academy for the deaf or the Minnesota state 
 academy for the blind shall be determined in the following 
 manner: 

    (a) The legal residence of the child shall be the school 
 district in which the child's parent or guardian resides. 

    (b) When it is determined pursuant to section 128A.05, 
 subdivision 1 or 2, that the child is entitled to attend either 
 school, the state board shall provide the appropriate 
 educational program for the child.  The state board shall make a 
 tuition charge to the child's district of residence for the cost 
 of providing the program.  The amount of tuition charged shall 
 not exceed the basic revenue of the district for that child, for 
 the amount of time the child is in the program.  For purposes of 
 this subdivision, "basic revenue" has the meaning given it in 
 section 124A.22, subdivision 2.  The district of the child's 
 residence shall pay the tuition and may claim general education 
 aid for the child.  Tuition received by the state board, except 
 for tuition received under clause (c), shall be deposited in the 
 state treasury as provided in clause (g). 

    (c) In addition to the tuition charge allowed in clause 
 (b), the academies may charge the child's district of residence 
 for the academy's unreimbursed cost of providing an 
 instructional aide assigned to that child, if that aide is 
 required by the child's individual education plan.  Tuition 
 received under this clause must be used by the academies to 
 provide the required service. 

    (d) When it is determined that the child can benefit from 
 public school enrollment but that the child should also remain 
 in attendance at the applicable school, the school district 
 where the institution is located shall provide an appropriate 
 educational program for the child and shall make a tuition 
 charge to the state board for the actual cost of providing the 
 program, less any amount of aid received pursuant to section 
 124.32.  The state board shall pay the tuition and other program 
 costs including the unreimbursed transportation costs.  Aids for 
 children with a disability shall be paid to the district 
 providing the special instruction and services.  Special 
 transportation shall be provided by the district providing the 
 educational program and the state shall reimburse such district 
 within the limits provided by law.  

    (e) Notwithstanding the provisions of clauses (b) and (d), 
 the state board may agree to make a tuition charge for less than 
 the amount specified in clause (b) for pupils attending the 
 applicable school who are residents of the district where the 
 institution is located and who do not board at the institution, 
 if that district agrees to make a tuition charge to the state 
 board for less than the amount specified in clause (d) for 
 providing appropriate educational programs to pupils attending 
 the applicable school. 

    (f) Notwithstanding the provisions of clauses (b) and (d), 
 the state board may agree to supply staff from the Minnesota 
 state academy for the deaf and the Minnesota state academy for 
 the blind to participate in the programs provided by the 
 district where the institutions are located when the programs 
 are provided to students in attendance at the state schools.  

    (g) On May 1 of each year, the state board shall count the 
 actual number of Minnesota resident kindergarten and elementary 
 students and the actual number of Minnesota resident secondary 
 students enrolled and receiving education services at the 
 Minnesota state academy for the deaf and the Minnesota state 
 academy for the blind.  The state board shall deposit in the 
 state treasury an amount equal to all tuition received less:  

    (1) the total number of students on May 1 less 175, times 
 the ratio of the number of kindergarten and elementary students 
 to the total number of students on May 1, times the general 
 education formula allowance; plus 

    (2) the total number of students on May 1 less 175, times 
 the ratio of the number of secondary students on May 1 to the 
 total number of students on May 1, times 1.3, times the general 
 education formula allowance.  

    (h) The sum provided by the calculation in clause (g), 
 subclauses (1) and (2), must be deposited in the state treasury 
 and credited to the general operation account of the academy for 
 the deaf and the academy for the blind.  

    (i) There is annually appropriated to the department of 
 children, families, and learning for the Faribault academies the 
 tuition amounts received and credited to the general operation 
 account of the academies under this section.  A balance in an 
 appropriation under this paragraph does not cancel but is 
 available in successive fiscal years. 

    Subd. 8.  Repealed, 1973 c 683 s 30 

    Subd. 8a.    Residence of child under special conditions. 
  The legal residence of a child with a disability placed in a 
 foster facility for care and treatment when: 

    (1) parental rights have been terminated by court order; 

    (2) parent or guardian is not living within the state; 

    (3) no other school district residence can be established; 
 or 

    (4) 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; 

 shall be the school district in which the child resides.  The 
 school board of the district of residence shall provide the same 
 educational program for such child as it provides for all 
 resident children with a disability in the district. 

    Subd. 9.    Special instruction.  No resident of a 
 district who is eligible for special instruction and services 
 pursuant to this section shall be denied provision of this 
 instruction and service on a shared time basis because of 
 attendance at a nonpublic school defined in section 123.932, 
 subdivision 3.  If a resident pupil with a disability attends a 
 nonpublic school located within the district of residence, the 
 district shall provide necessary transportation for that pupil 
 within the district between the nonpublic school and the 
 educational facility where special instruction and services are 
 provided on a shared time basis.  If a resident pupil with a 
 disability attends a nonpublic school located in another 
 district and if no agreement exists pursuant to section 
 124A.034, subdivision 1 or 1a, for the provision of special 
 instruction and services on a shared time basis to that pupil by 
 the district of attendance and where the special instruction and 
 services are provided within the district of residence, the 
 district of residence shall provide necessary transportation for 
 that pupil between the boundary of the district of residence and 
 the educational facility.  The district of residence may provide 
 necessary transportation for that pupil between its boundary and 
 the nonpublic school attended, but the nonpublic school shall 
 pay the cost of transportation provided outside the district 
 boundary. 

    Subd. 10.    Nonresident education; billing.  All 
 tuition billing for the education of nonresident children 
 pursuant to this section shall be done on uniform forms 
 prescribed by the commissioner.  The billing shall contain an 
 itemized statement of costs which are being charged to the 
 district of residence.  One copy of each such billing shall be 
 filed with the commissioner. 

    Subd. 11.    Transportation aid agreements.  
 Notwithstanding the provisions of subdivisions 4, 5a, and 6, 
 when a child receives special instruction and services in a day 
 program outside the resident district, the resident district and 
 the nonresident district where the child is placed may enter 
 into an agreement providing for the nonresident district to pay 
 the cost of any particular transportation categories specified 
 in section 124.225, subdivision 1, and claim transportation aid 
 for those categories.  In this case, the nonresident district 
 may not obtain any payment from the resident district for the 
 categories covered by the agreement.  

    Subd. 11a.  MS 1993 Supp Renumbered 120.1701 subd 3 

    Subd. 11b.  MS 1993 Supp Renumbered 120.1701 subd 4 

    Subd. 12.  MS 1993 Supp Renumbered 120.1701 subd 5 

    Subd. 13.  MS 1986 Repealed, 1987 c 398 art 3 s 41 

    Subd. 14.  MS 1993 Supp Renumbered 120.1701 subd 12 

    Subd. 14a.  MS 1993 Supp Renumbered 120.1701 subd 13 

    Subd. 15.    Third party payment.  Nothing in this 
 section relieves an insurer or similar third party from an 
 otherwise valid obligation to pay, or changes the validity of an 
 obligation to pay, for services rendered to a child with a 
 disability, and the child's family.  

    Subd. 16.    Community transition interagency committee. 
  A district, group of districts, or special education 
 cooperative, in cooperation with the county or counties in which 
 the district or cooperative is located, shall establish a 
 community transition interagency committee for youth with 
 disabilities, beginning at grade 9 or age equivalent, and their 
 families.  Members of the committee shall consist of 
 representatives from special education; vocational and regular 
 education; community education; post-secondary education and 
 training institutions; adults with disabilities who have 
 received transition services if such persons are available; 
 parents of youth with disabilities; local business or industry; 
 rehabilitation services; county social services; health 
 agencies; and additional public or private adult service 
 providers as appropriate.  The committee shall elect a chair and 
 shall meet regularly.  The committee shall: 

    (1) identify current services, programs, and funding 
 sources provided within the community for secondary and 
 post-secondary aged youth with disabilities and their families; 

    (2) facilitate the development of multiagency teams to 
 address present and future transition needs of individual 
 students on their individual education plans; 

    (3) develop a community plan to include mission, goals, and 
 objectives, and an implementation plan to assure that transition 
 needs of individuals with disabilities are met; 

    (4) recommend changes or improvements in the community 
 system of transition services; 

    (5) exchange agency information such as appropriate data, 
 effectiveness studies, special projects, exemplary programs, and 
 creative funding of programs; and 

    (6) following procedures determined by the commissioner, 
 prepare a yearly summary assessing the progress of transition 
 services in the community including follow-up of individuals 
 with disabilities who were provided transition services to 
 determine postschool outcomes.  The summary must be disseminated 
 to all adult services agencies involved in the planning and to 
 the commissioner of children, families, and learning by October 
 1 of each year. 

    Subd. 17.  MS 1993 Supp Renumbered 120.1701 subd 22 

    Subd. 18.    Agency access to nonpublic data.  The 
 commissioner of administration shall prepare a form and 
 disseminate guidelines for state agencies, political 
 subdivisions, and other responsible authorities to use to enable 
 a responsible authority to allow another responsible authority 
 access to data about a child with a disability that is 
 classified as not public.  The form and guidelines must be 
 consistent with section 13.05, subdivision 9, and federal law, 
 and are not subject to the rulemaking requirements under chapter 
 14. 

    Subd. 19.    Parent advisory committees.  Provisions of 
 Minnesota Rules, part 3525.1100, regarding parent advisory 
 committees shall apply to local school boards or cooperative 
 boards carrying out the provisions of this section. 

    HIST: Ex1959 c 71 art 1 s 17; 1961 c 559 s 2; 1961 c 690 s 1; 
 1965 c 241 s 1-3; 1967 c 872 s 1; 1969 c 981 s 2-5; 1971 c 689 s 
 1-3; 1973 c 683 s 1,2; 1975 c 162 s 41; 1975 c 321 s 2; 1975 c 
 432 s 8-10; 1976 c 211 s 1-6; 1976 c 271 s 13-18; 1977 c 447 art 
 3 s 1-4; 1977 c 449 s 12; 1978 c 733 s 1; 1978 c 764 s 3-5; 1978 
 c 793 s 61; 1979 c 334 art 2 s 1,2; art 3 s 2,3; 1980 c 509 s 
 30; 1981 c 358 art 1 s 1; art 3 s 2-7; 1982 c 424 s 28,29,130; 
 1982 c 548 art 3 s 1-3; 1983 c 247 s 55; 1983 c 258 s 13; 1983 c 
 314 art 1 s 22; art 3 s 1; 1984 c 463 art 3 s 1; 1984 c 654 art 
 5 s 58; 1Sp1985 c 12 art 3 s 2-8; 1986 c 444; 1987 c 384 art 2 s 
 24; 1987 c 398 art 3 s 2-14; 1988 c 486 s 2-5; 1988 c 629 s 24; 
 1988 c 718 art 3 s 1; art 6 s 2; 1989 c 209 art 2 s 1; 1989 c 
 329 art 3 s 1-3; 1991 c 265 art 3 s 1,2,38; art 11 s 1; 1991 c 
 292 art 6 s 58 subd 2; 1992 c 499 art 3 s 1-7; art 11 s 1; 1993 
 c 224 art 3 s 1-9; art 14 s 3; 1994 c 483 s 1; 1994 c 647 art 3 
 s 2-8,34; 1Sp1995 c 3 art 3 s 1-3; art 16 s 13; 1996 c 412 art 2 
 s 1,2; art 3 s 1-3