1997 Minnesota Statutes

CHAPTER 120. Definitions; attendance; special education; fees; cqe

   120.01 Citation, education code. 

    Chapters 120 to 129 may be cited as the education code. 

    HIST: Ex1959 c 71 art 1 s 1; 1975 c 162 s 1 

  120.011 Repealed, 1991 c 265 art 7 s 43 

     120.0111 Mission statement. 

    The mission of public education in Minnesota, a system for 
 lifelong learning, is to ensure individual academic achievement, 
 an informed citizenry, and a highly productive work force.  This 
 system focuses on the learner, promotes and values diversity, 
 provides participatory decision making, ensures accountability, 
 models democratic principles, creates and sustains a climate for 
 change, provides personalized learning environments, encourages 
 learners to reach their maximum potential, and integrates and 
 coordinates human services for learners.  The public schools of 
 this state shall serve the needs of the students by cooperating 
 with the students' parents and legal guardians to develop the 
 students' intellectual capabilities and lifework skills in a 
 safe and positive environment.  It is part of the department's 
 mission that within the department's resources the commissioner 
 shall endeavor to: 

    (1) prevent the waste or unnecessary spending of public 
 money; 

    (2) use innovative fiscal and human resource practices to 
 manage the state's resources and operate the department as 
 efficiently as possible; 

    (3) coordinate the department's activities wherever 
 appropriate with the activities of other governmental agencies; 

    (4) use technology where appropriate to increase agency 
 productivity, improve customer service, increase public access 
 to information about government, and increase public 
 participation in the business of government; 

    (5) utilize constructive and cooperative labor-management 
 practices to the extent otherwise required by chapters 43A and 
 179A; 

    (6) include specific objectives in the performance report 
 required under section 15.91 to increase the efficiency of 
 agency operations, when appropriate; and 

    (7) recommend to the legislature, in the performance report 
 of the department required under section 15.91, appropriate 
 changes in law necessary to carry out the mission of the 
 department. 

    HIST: 1991 c 265 art 7 s 1; 1995 c 248 art 11 s 9; 1Sp1997 c 4 
 art 7 s 2 

     120.0112 State goals for systemic change using 
  technological advances. 

    The general framework outcomes for technology use in 
 education are: 

    (1) all Minnesota educational institutions, libraries, and 
 communities will have access to local, state, and worldwide 
 instructional resources databases; 

    (2) development of policies and procedures that assure 
 instructional resource availability to help students 
 successfully achieve education excellence and state standards; 

    (3) databases are accessible within each district and on 
 the Internet; and 

    (4) development of policies, procedures, and systems that 
 stimulate and promote teacher and student curriculum and 
 learning collaboration. 

    HIST: 1Sp1995 c 3 art 12 s 2 

   120.02 Definitions. 

    Subdivision 1.  For the purposes of this chapter the words, 
 phrases and terms defined in this section shall have the 
 meanings respectively ascribed to them. 

    Subd. 2.  "Commissioner" means the commissioner of 
 children, families, and learning. 

    Subd. 3.  "District" means a school district. 

    Subd. 4.  "Board" means a school board. 

    Subd. 5.  "County board" means a board of county 
 commissioners. 

    Subd. 6.  "Superintendent" means superintendent of the 
 school district involved. 

    Subd. 7.  Repealed, 1975 c 162 s 42 

    Subd. 8.  "Department" means the department of children, 
 families, and learning. 

    Subd. 9.  "Auditor" means county auditor. 

    Subd. 10.  Repealed, 1975 c 162 s 42 

    Subd. 11.  Repealed, 1978 c 706 s 69 

    Subd. 12.  "State board" means state board of education. 

    Subd. 13.  A common district is any school district validly 
 created and existing as a common school district or joint common 
 school district as of July 1, 1957, or pursuant to the terms of 
 the education code. 

    Subd. 14.  An independent district is any school district 
 validly created and existing as an independent, consolidated, 
 joint independent, county or a ten or more township district as 
 of July 1, 1957, or pursuant to the education code. 

    Subd. 15.  A special district is a district established by 
 a charter granted by the legislature or by a home rule charter 
 including any district which is designated a special independent 
 school district by the legislature. 

    Subd. 16.  Repealed, 1971 c 25 s 30 

    Subd. 17.  Repealed, 1975 c 162 s 42 

    Subd. 18.  School district tax is the tax levied and 
 collected to provide the amount of money voted or levied by the 
 district or the board for school purposes. 

    HIST: Ex1959 c 71 art 1 s 2; 1Sp1995 c 3 art 16 s 13 

  120.021 MS 1957 Repealed, Ex1959 c 71 art 8 s 26 

  120.023 MS 1957 Repealed, Ex1959 c 71 art 8 s 26 

   120.03 Children with a disability, defined. 

    Subdivision 1.  Every child who has a hearing impairment, 
 visual disability, speech or language impairment, physical 
 handicap, other health impairment, mental handicap, 
 emotional/behavioral disorder, specific learning disability, or 
 deaf/blind disability and needs special instruction and 
 services, as determined by the standards of the state board, is 
 a child with a disability.  In addition, every child under age 
 five who needs special instruction and services, as determined 
 by the standards of the state board, because the child has a 
 substantial delay or has an identifiable physical or mental 
 condition known to hinder normal development is a child with a 
 disability. 

    Subd. 2. Repealed, 1Sp1985 c 12 art 3 s 30 

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

    Subd. 4. Repealed, 1Sp1985 c 12 art 3 s 30 

    Subd. 5.  A child with a short-term or temporary physical 
 or emotional illness or disability, as determined by the 
 standards of the state board, is not a child with a disability.  

    HIST: Ex1959 c 71 art 1 s 3; 1969 c 981 s 1; 1975 c 432 s 7; 
 1981 c 358 art 3 s 1; 1Sp1985 c 12 art 3 s 1; 1987 c 398 art 3 s 
 1; 1991 c 265 art 3 s 38 

   120.04 MS 1957 Repealed, Ex1959 c 71 art 8 s 26 

  120.04 MS 1967 Repealed, 1969 c 981 s 7 

   120.05 Public schools. 

    Subdivision 1. Repealed, 1989 c 329 art 9 s 34 

    Subd. 2.    Definitions.  (1) Elementary school means 
 any school with building, equipment, courses of study, class 
 schedules, enrollment of pupils ordinarily in prekindergarten 
 through grade 6 or any portion thereof and staff meeting the 
 standards established by the state board of education. 

    The state board of education shall not close a school or 
 deny any state aids to a district for its elementary schools 
 because of enrollment limitations classified in accordance with 
 the provisions of clause (1). 

    (2) Middle school means any school other than a secondary 
 school giving an approved course of study in a minimum of three 
 consecutive grades above 4th but below 10th with building, 
 equipment, courses of study, class schedules, enrollment, and 
 staff meeting the standards established by the state board of 
 education. 

    (3) Secondary school means any school with building, 
 equipment, courses of study, class schedules, enrollment of 
 pupils ordinarily in grades 7 through 12 or any portion thereof, 
 and staff meeting the standards established by the state board 
 of education. 

    (4) A vocational center school is one serving a group of 
 secondary schools with approved areas of secondary vocational 
 training and offering vocational secondary and adult programs 
 necessary to meet local needs and meeting standards established 
 by the state board of education. 

    HIST: Ex1959 c 71 art 1 s 5; 1961 c 562 s 7; 1971 c 25 s 31; 
 1971 c 118 s 1; 1978 c 616 s 1; 1984 c 463 art 5 s 1; 1987 c 258 
 s 1; 1997 c 162 art 1 s 2 

   120.06 Admission to public school. 

    Subdivision 1.    Age limitations; pupils.  All schools 
 supported in whole or in part by state funds are public schools. 
 Admission to a public school is free to any person who resides 
 within the district which operates the school, who is under 21 
 years of age, and who satisfies the minimum age requirements 
 imposed by this section.  Notwithstanding the provisions of any 
 law to the contrary, the conduct of all students under 21 years 
 of age attending a public secondary school shall be governed by 
 a single set of reasonable rules and regulations promulgated by 
 the school board.  No person shall be admitted to any public 
 school (1) as a kindergarten pupil, unless the pupil is at least 
 five years of age on September 1 of the calendar year in which 
 the school year for which the pupil seeks admission commences; 
 or (2) as a 1st grade student, unless the pupil is at least six 
 years of age on September 1 of the calendar year in which the 
 school year for which the pupil seeks admission commences or has 
 completed kindergarten; except that any school board may 
 establish a policy for admission of selected pupils at an 
 earlier age. 

    Subd. 2. Repealed, 1981 c 358 art 7 s 31 

    Subd. 2a.    Education of homeless.  Notwithstanding 
 subdivision 1, a school district must not deny free admission to 
 a homeless person of school age solely because the school 
 district cannot determine that the person is a resident of the 
 school district. 

    Subd. 3.    Pupils, at least 21 years of age.  In 
 addition to those admitted under subdivision 1, admission to a 
 public secondary school is free to a person who is eligible 
 under this subdivision.  In order to be eligible, a person must 
 be: 

    (1) at least 21 years of age; 

    (2) a resident of the district where the secondary school 
 is located; and 

    (3) eligible under section 126.22, subdivision 2. 

    Free admission is limited to two school years or the 
 equivalent, or until the pupil completes the courses required to 
 graduate, whichever is less.  A district that admits a person to 
 school under this section must have a reasonable expectation 
 that the person can obtain a diploma within two years. 

    HIST: Ex1959 c 71 art 1 s 6; 1967 c 173 s 1; 1974 c 529 s 1; 
 1984 c 463 art 5 s 2; 1Sp1985 c 12 art 7 s 2; 1987 c 258 s 12; 
 1988 c 718 art 6 s 1; 1989 c 246 s 2; 1989 c 329 art 7 s 1; 1993 
 c 224 art 4 s 7; 1996 c 412 art 13 s 3 

     120.062 Enrollment options program. 

    Subdivision 1.  Repealed, 1988 c 718 art 7 s 65 

    Subd. 2.    Establishment.  An enrollment options 
 program is established to enable any pupil to attend a school or 
 program in a district in which the pupil does not reside, 
 subject to the limitations in this section.  

    Subd. 3.    Limited enrollment of nonresident pupils.  
 (a) A school board may, by resolution, limit the enrollment of 
 nonresident pupils in its schools or programs according to this 
 section to a number not less than the lesser of: 

    (1) one percent of the total enrollment at each grade level 
 in the district; or 

    (2) the number of district residents at that grade level 
 enrolled in a nonresident district according to this section.  

    (b) A district that limits enrollment of nonresident pupils 
 under paragraph (a) shall report to the commissioner by July 15 
 on the number of nonresident pupils denied admission due to the 
 limitations on the enrollment of nonresident pupils. 

    Subd. 4.    Pupil application procedures.  In order that 
 a pupil may attend a school or program in a nonresident 
 district, the pupil's parent or guardian must submit an 
 application to the nonresident district.  Before submitting an 
 application, the pupil and the pupil's parent or guardian must 
 explore with a school guidance counselor, or other appropriate 
 staff member employed by the district the pupil is currently 
 attending, the pupil's academic or other reason for applying to 
 enroll in a nonresident district.  The pupil's application must 
 identify the reason for enrolling in the nonresident district.  
 The parent or guardian of a pupil must submit an application by 
 January 15 for initial enrollment beginning the following school 
 year.  The application shall be on a form provided by the 
 department of children, families, and learning.  A particular 
 school or program may be requested by the parent.  Once enrolled 
 in a nonresident district, the pupil may remain enrolled and is 
 not required to submit annual or periodic applications.  To 
 return to the resident district or to transfer to a different 
 nonresident district, the parent or guardian of the pupil must 
 provide notice to the resident district or apply to a different 
 nonresident district by January 15 for enrollment beginning the 
 following school year. 

    Subd. 5.    Desegregation district transfers.  (a) This 
 subdivision applies to a transfer into or out of a district that 
 has a desegregation plan approved by the commissioner of 
 children, families, and learning.  

    (b) An application to transfer may be submitted at any time 
 for enrollment beginning at any time. 

    (c) The parent or guardian of a pupil who is a resident of 
 a district that has a desegregation plan must submit an 
 application to the resident district.  If the district accepts 
 the application, it must forward the application to the 
 nonresident district. 

    (d) The parent or guardian of a pupil who applies for 
 enrollment in a nonresident district that has a desegregation 
 plan must submit an application to the nonresident district.  

    (e) Each district must accept or reject an application it 
 receives and notify the parent or guardian in writing within 30 
 calendar days of receiving the application.  A notification of 
 acceptance must include the date enrollment can begin. 

    (f) If an application is rejected, the district must state 
 the reason for rejection in the notification.  If a district 
 that has a desegregation plan rejects an application for a 
 reason related to the desegregation plan, the district must 
 state with specificity how acceptance of the application would 
 result in noncompliance with state board rules with respect to 
 the school or program for which application was made.  

    (g) If an application is accepted, the parent or guardian 
 must notify the nonresident district in writing within 15 
 calendar days of receiving the acceptance whether the pupil 
 intends to enroll in the nonresident district.  Notice of 
 intention to enroll obligates the pupil to enroll in the 
 nonresident district, unless the school boards of the resident 
 and nonresident districts agree otherwise.  If a parent or 
 guardian does not notify the nonresident district, the pupil may 
 not enroll in that nonresident district at that time, unless the 
 school boards of the resident and nonresident district agree 
 otherwise. 

    (h) Within 15 calendar days of receiving the notice from 
 the parent or guardian, the nonresident district shall notify 
 the resident district in writing of the pupil's intention to 
 enroll in the nonresident district.  

    (i) A pupil enrolled in a nonresident district under this 
 subdivision is not required to make annual or periodic 
 application for enrollment but may remain enrolled in the same 
 district.  A pupil may transfer to the resident district at any 
 time.  

    (j) A pupil enrolled in a nonresident district and applying 
 to transfer into or out of a district that has a desegregation 
 plan must follow the procedures of this subdivision.  For the 
 purposes of this type of transfer, "resident district" means the 
 nonresident district in which the pupil is enrolled at the time 
 of application.  

    (k) A district that has a desegregation plan approved by 
 the state board of education must accept or reject each 
 individual application in a manner that will enable compliance 
 with its desegregation plan. 

    Subd. 6.    Nonresident district procedures.  A district 
 shall notify the parent or guardian in writing by February 15 
 whether the application has been accepted or rejected.  If an 
 application is rejected, the district must state in the 
 notification the reason for rejection.  The parent or guardian 
 shall notify the nonresident district by March 1 whether the 
 pupil intends to enroll in the nonresident district.  Notice of 
 intent to enroll in the nonresident district obligates the pupil 
 to attend the nonresident district during the following school 
 year, unless the school boards of the resident and the 
 nonresident districts agree in writing to allow the pupil to 
 transfer back to the resident district, or the pupil's parents 
 or guardians change residence to another district.  If a parent 
 or guardian does not notify the nonresident district, the pupil 
 may not enroll in that nonresident district during the following 
 school year, unless the school boards of the resident and 
 nonresident district agree otherwise.  The nonresident district 
 shall notify the resident district by March 15 of the pupil's 
 intent to enroll in the nonresident district.  The same 
 procedures apply to a pupil who applies to transfer from one 
 participating nonresident district to another participating 
 nonresident district. 

    Subd. 7.    Basis for decisions.  The school board must 
 adopt, by resolution, specific standards for acceptance and 
 rejection of applications.  Standards may include the capacity 
 of a program, class, or school building.  The school board may 
 not reject applications for enrollment in a particular grade 
 level if the nonresident enrollment at that grade level does not 
 exceed the limit set by the board under subdivision 3.  
 Standards may not include previous academic achievement, 
 athletic or other extracurricular ability, disabling conditions, 
 proficiency in the English language, previous disciplinary 
 proceedings, or the student's district of residence.  

    Subd. 8. Repealed, 1989 c 329 art 9 s 33 

    Subd. 8a.    Exceptions to deadlines.  Notwithstanding 
 subdivision 4, the following pupil application procedures apply: 

    (a) Upon agreement of the resident and nonresident school 
 districts, a pupil may submit an application to a nonresident 
 district after January 15 for enrollment beginning the following 
 school year.  

    (b) If, as a result of entering into, modifying, or 
 terminating an agreement between school boards, a pupil is 
 assigned after December 1 to a different school for enrollment 
 beginning at any time, the pupil, the pupil's siblings, or any 
 other pupil residing in the pupil's residence may submit an 
 application to a nonresident district at any time before July 1 
 for enrollment beginning the following school year. 

    (c) A pupil who becomes a resident of a school district 
 after December 1 may submit an application to a nonresident 
 district on January 15 or any time after that date for 
 enrollment beginning any time before the following December 1. 

    (d) If the commissioner of children, families, and learning 
 and the commissioner of human rights determine that the 
 policies, procedures, or practices of a school district are in 
 violation of Title VI of the Civil Rights Act of 1964 (Public 
 Law Number 88-352) or chapter 363, any pupil in the district may 
 submit an application to a nonresident district at any time for 
 enrollment beginning at any time. 

    For exceptions under this subdivision, the applicant, the 
 applicant's parent or guardian, the district of residence, and 
 the district of attendance must observe, in a prompt and 
 efficient manner, the application and notice procedures in 
 subdivisions 4 and 6, except that the application and notice 
 deadlines do not apply. 

    Subd. 9.    Transportation.  If requested by the parent 
 of a pupil, the nonresident district shall provide 
 transportation within the district.  

    The resident district is not required to provide or pay for 
 transportation between the pupil's residence and the border of 
 the nonresident district.  A parent may be reimbursed by the 
 nonresident district for the costs of transportation from the 
 pupil's residence to the border of the nonresident district if 
 the pupil is from a family whose income is at or below the 
 poverty level, as determined by the federal government.  The 
 reimbursement may not exceed the pupil's actual cost of 
 transportation or 15 cents per mile traveled, whichever is 
 less.  Reimbursement may not be paid for more than 250 miles per 
 week.  

    At the time a nonresident district notifies a parent or 
 guardian that an application has been accepted under subdivision 
 5 or 6, the nonresident district must provide the parent or 
 guardian with the following information regarding the 
 transportation of nonresident pupils under section 123.39, 
 subdivision 6. 

    Subd. 10.    Credits toward graduation.  A nonresident 
 district shall accept credits toward graduation that were 
 awarded by another district.  The nonresident district shall 
 award a diploma to a nonresident pupil if the pupil meets its 
 graduation requirements. 

    Subd. 11.    Information.  A district shall make 
 information about the district, schools, programs, policies, and 
 procedures available to all interested people.  

    Subd. 12.    General education aid.  Adjustments to 
 general education aid for the resident and nonresident districts 
 shall be made according to section 124A.036, subdivision 5. 

    HIST: 1988 c 718 art 7 s 8; 1989 c 222 s 1,2; 1989 c 329 art 9 
 s 1-3; 1990 c 562 art 6 s 1,2; 1991 c 130 s 1,2; 1991 c 265 art 
 2 s 1; art 3 s 38; art 9 s 1; 1992 c 499 art 9 s 1; 1993 c 224 
 art 2 s 1; art 13 s 1; 1Sp1995 c 3 art 16 s 13; 1997 c 7 art 1 s 
 43; 1Sp1997 c 4 art 1 s 1; art 5 s 1-4 

     120.0621 Enrollment options programs in border states. 

    Subdivision 1.    Options for enrollment in adjoining 
 states.  Minnesota pupils and pupils residing in adjoining 
 states may enroll in school districts in the other state 
 according to: 

    (1) section 120.08, subdivision 2; or 

    (2) this section. 

    Subd. 2.    Pupils in Minnesota.  A Minnesota resident 
 pupil may enroll in a school district in an adjoining state if 
 the district to be attended borders Minnesota. 

    Subd. 3.    Pupils in bordering states.  A non-Minnesota 
 pupil who resides in an adjoining state in a school district 
 that borders Minnesota may enroll in a Minnesota school district 
 if either the school board of the district in which the pupil 
 resides or state in which the pupil resides pays tuition to the 
 school district in which the pupil is enrolled.  

    Subd. 3a.    Canadian pupils.  A pupil who resides in 
 Canada may enroll in a Minnesota school district if the province 
 in which the pupil resides pays tuition to the school district 
 in which the pupil is enrolled.  A pupil may enroll either full 
 time or part time for all instructional programs and shall be 
 considered eligible for all other purposes for all other 
 programs offered by the district.  The tuition must be an amount 
 that is at least comparable to the tuition specified in section 
 120.08, subdivision 1.  A school district may accept funds from 
 any international agency for these programs. 

    Subd. 4.    Procedural requirements.  Except as 
 otherwise provided in this section, the rights and duties set 
 forth in section 120.062 apply to Minnesota pupils, parents, and 
 school districts if a pupil enrolls in a nonresident district 
 according to this section. 

    Subd. 5. Repealed, 1993 c 224 art 9 s 54 

    Subd. 5a.    Tuition payments.  In each odd-numbered 
 year, before March 1, the commissioner shall agree to rates of 
 tuition for Minnesota elementary and secondary pupils attending 
 in other states for the next two fiscal years when the other 
 state agrees to negotiate tuition rates.  The commissioner shall 
 negotiate equal, reciprocal rates with the designated authority 
 in each state for pupils who reside in an adjoining state and 
 enroll in a Minnesota school district.  The rates must be at 
 least equal to the tuition specified in section 120.08, 
 subdivision 1.  If the other state does not agree to negotiate a 
 general tuition rate, a Minnesota school district may negotiate 
 a tuition rate with the school district in the other state that 
 sends a pupil to or receives a pupil from the Minnesota school 
 district.  The tuition rate for a pupil with a disability must 
 be equal to the actual cost of instruction and services 
 provided.  The resident district of a Minnesota pupil attending 
 in another state under this section must pay the amount of 
 tuition agreed upon in this section to the district of 
 attendance, prorated on the basis of the proportion of the 
 school year attended. 

    Subd. 5b.    Transportation of students.  (a) The 
 agreement under subdivision 5a with each state must specify that 
 the attending district in each state transport a pupil from the 
 district boundary to the school of attendance.  

    (b) Notwithstanding paragraph (a), the districts of 
 residence and attendance may agree that either district may 
 provide transportation from a pupil's home or agreed upon 
 location to school.  Transportation aid for Minnesota students 
 eligible for aid shall be paid only for transportation within 
 the resident district. 

    Subd. 6.    Effective if reciprocal.  This section is 
 effective with respect to South Dakota upon enactment of 
 provisions by South Dakota that the commissioner determines are 
 essentially similar to the provisions for Minnesota pupils in 
 this section.  After July 1, 1993, this section is effective 
 with respect to any other bordering state upon enactment of 
 provisions by the bordering state that the commissioner 
 determines are essentially similar to the provisions for 
 Minnesota pupils in this section. 

    Subd. 7.    Appeal to the commissioner.  If a Minnesota 
 school district cannot agree with an adjoining state on a 
 tuition rate for a Minnesota student attending school in that 
 state and that state has met the requirements in subdivision 6, 
 then the student's parent or guardian may request that the 
 commissioner agree on a tuition rate for the student.  The 
 Minnesota school district must pay the amount of tuition the 
 commissioner agrees upon. 

    HIST: 1991 c 265 art 9 s 2; 1993 c 224 art 6 s 1; art 9 s 1; 
 1Sp1997 c 4 art 4 s 1-3 

     120.063 School attendance. 

    Attendance at a particular public school is a privilege not 
 a right for a pupil.  

    HIST: 1996 c 412 art 4 s 1 

     120.064 Results-oriented charter schools. 

    Subdivision 1.    Purposes.  (a) The purpose of this 
 section is to: 

    (1) improve pupil learning; 

    (2) increase learning opportunities for pupils; 

    (3) encourage the use of different and innovative teaching 
 methods; 

    (4) require the measurement of learning outcomes and create 
 different and innovative forms of measuring outcomes; 

    (5) establish new forms of accountability for schools; or 

    (6) create new professional opportunities for teachers, 
 including the opportunity to be responsible for the learning 
 program at the school site. 

    (b) This section does not provide a means to keep open a 
 school that otherwise would be closed.  Applicants in these 
 circumstances bear the burden of proving that conversion to a 
 charter school fulfills a purpose specified in this subdivision, 
 independent of the school's closing. 

    Subd. 2.    Applicability.  This section applies only to 
 charter schools formed and operated under this section. 

    Subd. 3.    Sponsor.  A school board, private college, 
 community college, state university, technical college, or the 
 University of Minnesota may sponsor one or more charter schools. 

    Subd. 4.    Formation of school.  (a) A sponsor may 
 authorize one or more licensed teachers under section 125.05, 
 subdivision 1, to operate a charter school subject to approval 
 by the state board of education.  If a school board elects not 
 to sponsor a charter school, the applicant may appeal the school 
 board's decision to the state board of education if two members 
 of the school board voted to sponsor the school.  If the state 
 board authorizes the school, the state board shall sponsor the 
 school according to this section.  The school shall be organized 
 and operated as a cooperative under chapter 308A or nonprofit 
 corporation under chapter 317A.  

    (b) Before the operators may form and operate a school, the 
 sponsor must file an affidavit with the state board of education 
 stating its intent to authorize a charter school.  The affidavit 
 must state the terms and conditions under which the sponsor 
 would authorize a charter school.  The state board must approve 
 or disapprove the sponsor's proposed authorization within 60 
 days of receipt of the affidavit.  Failure to obtain state board 
 approval precludes a sponsor from authorizing the charter school 
 that was the subject of the affidavit.  

    (c) The operators authorized to organize and operate a 
 school shall hold an election for members of the school's board 
 of directors in a timely manner after the school is operating.  
 Any staff members who are employed at the school, including 
 teachers providing instruction under a contract with a 
 cooperative, and all parents of children enrolled in the school 
 may participate in the election.  Licensed teachers employed at 
 the school, including teachers providing instruction under a 
 contract with a cooperative, must be a majority of the members 
 of the board of directors.  A provisional board may operate 
 before the election of the school's board of directors.  Board 
 of director meetings must comply with section 471.705. 

    (d) The granting or renewal of a charter by a sponsoring 
 entity shall not be conditioned upon the bargaining unit status 
 of the employees of the school. 

    Subd. 4a.    Conversion of existing schools.  A school 
 board may convert one or more of its existing schools to charter 
 schools under this section if 90 percent of the full-time 
 teachers at the school sign a petition seeking conversion.  The 
 conversion must occur at the beginning of an academic year. 

    Subd. 5.    Contract.  The sponsor's authorization for a 
 charter school shall be in the form of a written contract signed 
 by the sponsor and the board of directors of the charter 
 school.  The contract for a charter school shall be in writing 
 and contain at least the following: 

    (1) a description of a program that carries out one or more 
 of the purposes in subdivision 1; 

    (2) specific outcomes pupils are to achieve under 
 subdivision 10; 

    (3) admission policies and procedures; 

    (4) management and administration of the school; 

    (5) requirements and procedures for program and financial 
 audits; 

    (6) how the school will comply with subdivisions 8, 13, 15, 
 and 21; 

    (7) assumption of liability by the charter school; 

    (8) types and amounts of insurance coverage to be obtained 
 by the charter school; and 

    (9) the term of the contract, which may be up to three 
 years. 

    Subd. 6. Repealed, 1993 c 337 s 20 

    Subd. 7.    Public status; exemption from statutes and 
 rules.  A charter school is a public school and is part of the 
 state's system of public education.  Except as provided in this 
 section, a charter school is exempt from all statutes and rules 
 applicable to a school, a school board, or a school district, 
 although it may elect to comply with one or more provisions of 
 statutes or rules. 

    Subd. 8.    Requirements.  (a) A charter school shall 
 meet all applicable state and local health and safety 
 requirements. 

    (b) A school sponsored by a school board may be located in 
 any district, unless the school board of the district of the 
 proposed location disapproves by written resolution.  If such a 
 school board denies a request to locate within its boundaries a 
 charter school sponsored by another school board, the sponsoring 
 school board may appeal to the state board of education.  If the 
 state board authorizes the school, the state board shall sponsor 
 the school.  

    (c) A charter school must be nonsectarian in its programs, 
 admission policies, employment practices, and all other 
 operations.  A sponsor may not authorize a charter school or 
 program that is affiliated with a nonpublic sectarian school or 
 a religious institution. 

    (d) Charter schools shall not be used as a method of 
 providing education or generating revenue for students who are 
 being home-schooled. 

    (e) The primary focus of a charter school must be to 
 provide a comprehensive program of instruction for at least one 
 grade or age group from five through 18 years of age.  
 Instruction may be provided to people younger than five years 
 and older than 18 years of age. 

    (f) A charter school may not charge tuition. 

    (g) A charter school is subject to and shall comply with 
 chapter 363 and section 126.21. 

    (h) A charter school is subject to and shall comply with 
 The Pupil Fair Dismissal Act, sections 127.26 to 127.39, and the 
 Minnesota public school fee law, sections 120.71 to 120.76. 

    (i) A charter school is subject to the same financial 
 audits, audit procedures, and audit requirements as a school 
 district.  The audit must be consistent with the requirements of 
 sections 121.904 to 121.917, except to the extent deviations are 
 necessary because of the program at the school.  The department 
 of children, families, and learning, state auditor, or 
 legislative auditor may conduct financial, program, or 
 compliance audits. 

    (j) A charter school is a school district for the purposes 
 of tort liability under chapter 466. 

    Subd. 9.    Admission requirements.  A charter school 
 may limit admission to: 

    (1) pupils within an age group or grade level; 

    (2) people who are eligible to participate in the 
 graduation incentives program under section 126.22; or 

    (3) residents of a specific geographic area where the 
 percentage of the population of non-Caucasian people of that 
 area is greater than the percentage of the non-Caucasian 
 population in the congressional district in which the geographic 
 area is located, and as long as the school reflects the racial 
 and ethnic diversity of the specific area. 

    A charter school shall enroll an eligible pupil who submits 
 a timely application, unless the number of applications exceeds 
 the capacity of a program, class, grade level, or building.  In 
 this case, pupils shall be accepted by lot. 

    A charter school may not limit admission to pupils on the 
 basis of intellectual ability, measures of achievement or 
 aptitude, or athletic ability.  

    Subd. 10.    Pupil performance.  A charter school must 
 design its programs to at least meet the outcomes adopted by the 
 state board of education for public school students.  In the 
 absence of state board requirements, the school must meet the 
 outcomes contained in the contract with the sponsor.  The 
 achievement levels of the outcomes contained in the contract may 
 exceed the achievement levels of any outcomes adopted by the 
 state board for public school students. 

    Subd. 11.    Employment and other operating matters.  A 
 charter school shall employ or contract with necessary teachers, 
 as defined by section 125.03, subdivision 1, who hold valid 
 licenses to perform the particular service for which they are 
 employed in the school.  The school may employ necessary 
 employees who are not required to hold teaching licenses to 
 perform duties other than teaching and may contract for other 
 services.  The school may discharge teachers and nonlicensed 
 employees. 

    The board of directors also shall decide matters related to 
 the operation of the school, including budgeting, curriculum and 
 operating procedures. 

    Subd. 12.    Pupils with a disability.  A charter school 
 must comply with sections 120.03 and 120.17 and rules relating 
 to the education of pupils with a disability as though it were a 
 school district. 

    Subd. 13.    Length of school year.  A charter school 
 shall provide instruction each year for at least the number of 
 days required by section 120.101, subdivision 5.  It may provide 
 instruction throughout the year according to sections 120.59 to 
 120.67 or 121.585. 

    Subd. 14.    Reports.  A charter school must report at 
 least annually to its sponsor and the state board of education 
 the information required by the sponsor or the state board.  The 
 reports are public data under chapter 13. 

    Subd. 14a.    Review and comment.  The department shall 
 review and comment on the evaluation, by the chartering school 
 district, of the performance of a charter school before the 
 charter school's contract is renewed.  The information from the 
 review and comment shall be reported to the state board of 
 education in a timely manner.  Periodically, the state board 
 shall report trends or suggestions based on the evaluation of 
 charter school contracts to the education committees of the 
 state legislature. 

    Subd. 15.    Transportation.  (a) By July 1 of each 
 year, a charter school shall notify the district in which the 
 school is located and the department of children, families, and 
 learning if it will provide transportation for pupils enrolled 
 at the school for the fiscal year. 

    (b) If a charter school elects to provide transportation 
 for pupils, the transportation shall be provided by the charter 
 school within the district in which the charter school is 
 located.  The state shall pay transportation aid to the charter 
 school according to section 124.248, subdivision 1a. 

    For pupils who reside outside the district in which the 
 charter school is located, the charter school is not required to 
 provide or pay for transportation between the pupil's residence 
 and the border of the district in which the charter school is 
 located.  A parent may be reimbursed by the charter school for 
 costs of transportation from the pupil's residence to the border 
 of the district in which the charter school is located if the 
 pupil is from a family whose income is at or below the poverty 
 level, as determined by the federal government.  The 
 reimbursement may not exceed the pupil's actual cost of 
 transportation or 15 cents per mile traveled, whichever is 
 less.  Reimbursement may not be paid for more than 250 miles per 
 week.  

    At the time a pupil enrolls in a charter school, the 
 charter school shall provide the parent or guardian with 
 information regarding the transportation.  

    (c) If a charter school does not elect to provide 
 transportation, transportation for pupils enrolled at the school 
 shall be provided by the district in which the school is 
 located, according to sections 120.062, subdivision 9, and 
 123.39, subdivision 6, for a pupil residing in the same district 
 in which the charter school is located.  Transportation may be 
 provided by the district in which the school is located, 
 according to sections 120.062, subdivision 9, and 123.39, 
 subdivision 6, for a pupil residing in a different district. 

    Subd. 16.    Leased space.  A charter school may lease 
 space from a board eligible to be a sponsor or other public or 
 private nonprofit nonsectarian organization.  If a charter 
 school is unable to lease appropriate space from an eligible 
 board or other public or private nonprofit nonsectarian 
 organization, the school may lease space from another 
 nonsectarian organization if the department of children, 
 families, and learning, in consultation with the department of 
 administration, approves the lease.  If the school is unable to 
 lease appropriate space from public or private nonsectarian 
 organizations, the school may lease space from a sectarian 
 organization if the leased space is constructed as a school 
 facility and the department of children, families, and learning, 
 in consultation with the department of administration, approves 
 the lease. 

    Subd. 17.    Initial costs.  A sponsor may authorize a 
 charter school before the applicant has secured its space, 
 equipment, facilities, and personnel if the applicant indicates 
 the authority is necessary for it to raise working capital.  A 
 sponsor may not authorize a school before the state board of 
 education has approved the authorization. 

    Subd. 18.    Disseminate information.  The sponsor, the 
 operators, and the department of children, families, and 
 learning must disseminate information to the public on how to 
 form and operate a charter school and how to utilize the 
 offerings of a charter school.  Particular groups to be targeted 
 include low-income families and communities, and students of 
 color. 

    Subd. 19.    Leave to teach in a charter school.  If a 
 teacher employed by a school district makes a written request 
 for an extended leave of absence to teach at a charter school, 
 the school district must grant the leave.  The school district 
 must grant a leave for any number of years requested by the 
 teacher, and must extend the leave at the teacher's request.  
 The school district may require that the request for a leave or 
 extension of leave be made up to 90 days before the teacher 
 would otherwise have to report for duty.  Except as otherwise 
 provided in this subdivision and except for section 125.60, 
 subdivision 6a, the leave is governed by section 125.60, 
 including, but not limited to, reinstatement, notice of 
 intention to return, seniority, salary, and insurance. 

    During a leave, the teacher may continue to aggregate 
 benefits and credits in the teachers' retirement association 
 account by paying both the employer and employee contributions 
 based upon the annual salary of the teacher for the last full 
 pay period before the leave began.  The retirement association 
 may impose reasonable requirements to efficiently administer 
 this subdivision. 

    Subd. 20.    Collective bargaining.  Employees of the 
 board of directors of a charter school may, if otherwise 
 eligible, organize under chapter 179A and comply with its 
 provisions.  The board of directors of a charter school is a 
 public employer, for the purposes of chapter 179A, upon 
 formation of one or more bargaining units at the school.  
 Bargaining units at the school shall be separate from any other 
 units within the sponsoring district, except that bargaining 
 units may remain part of the appropriate unit within the 
 sponsoring district, if the employees of the school, the board 
 of directors of the school, the exclusive representative of the 
 appropriate unit in the sponsoring district, and the board of 
 the sponsoring district agree to include the employees in the 
 appropriate unit of the sponsoring district. 

    Subd. 20a.    Teacher and other employee retirement.  (a)
 Teachers in a charter school shall be public school teachers for 
 the purposes of chapters 354 and 354a. 

    (b) Except for teachers under paragraph (a), employees in a 
 charter school shall be public employees for the purposes of 
 chapter 353. 

    Subd. 21.    Causes for nonrenewal or termination.  (a) 
 The duration of the contract with a sponsor shall be for the 
 term contained in the contract according to subdivision 5.  The 
 sponsor may or may not renew a contract at the end of the term 
 for any ground listed in paragraph (b).  A sponsor may 
 unilaterally terminate a contract during the term of the 
 contract for any ground listed in paragraph (b).  At least 60 
 days before not renewing or terminating a contract, the sponsor 
 shall notify the board of directors of the charter school of the 
 proposed action in writing.  The notice shall state the grounds 
 for the proposed action in reasonable detail and that the 
 charter school's board of directors may request in writing an 
 informal hearing before the sponsor within 14 days of receiving 
 notice of nonrenewal or termination of the contract.  Failure by 
 the board of directors to make a written request for a hearing 
 within the 14-day period shall be treated as acquiescence to the 
 proposed action.  Upon receiving a timely written request for a 
 hearing, the sponsor shall give reasonable notice to the charter 
 school's board of directors of the hearing date.  The sponsor 
 shall conduct an informal hearing before taking final action.  
 The sponsor shall take final action to renew or not renew a 
 contract by the last day of classes in the school year.  If the 
 sponsor is a local school board, the school's board of directors 
 may appeal the sponsor's decision to the state board of 
 education.  

    (b) A contract may be terminated or not renewed upon any of 
 the following grounds: 

    (1) failure to meet the requirements for pupil performance 
 contained in the contract; 

    (2) failure to meet generally accepted standards of fiscal 
 management; 

    (3) for violations of law; or 

    (4) other good cause shown. 

    If a contract is terminated or not renewed, the school 
 shall be dissolved according to the applicable provisions of 
 chapter 308A or 317A. 

    Subd. 22.    Pupil enrollment.  If a contract is not 
 renewed or is terminated according to subdivision 21, a pupil 
 who attended the school, siblings of the pupil, or another pupil 
 who resides in the same place as the pupil may enroll in the 
 resident district or may submit an application to a nonresident 
 district according to section 120.062 at any time.  Applications 
 and notices required by section 120.062 shall be processed and 
 provided in a prompt manner.  The application and notice 
 deadlines in section 120.062 do not apply under these 
 circumstances. 

    Subd. 23.    General authority.  The board of directors 
 of a charter school may sue and be sued.  The board may not levy 
 taxes or issue bonds.  

    Subd. 24.    Immunity.  The state board of education, 
 members of the state board, a sponsor, members of the board of a 
 sponsor in their official capacity, and employees of a sponsor 
 are immune from civil or criminal liability with respect to all 
 activities related to a charter school they approve or sponsor.  
 The board of directors shall obtain at least the amount of and 
 types of insurance required by the contract, according to 
 subdivision 5. 

    HIST: 1991 c 265 art 3 s 38; art 9 s 3; 1992 c 499 art 12 s 1; 
 1993 c 224 art 9 s 2-12; art 14 s 16; 1994 c 465 art 2 s 1; 1994 
 c 647 art 9 s 1,2; 1Sp1995 c 3 art 9 s 2; art 16 s 13; 1996 c 
 412 art 4 s 2; 1Sp1997 c 4 art 5 s 5-9 

  120.065 Repealed, 1978 c 764 s 143 

   120.07 MS 1957 Repealed, Ex1959 c 71 art 8 s 26 

  120.07 MS 1976 Repealed, 1978 c 764 s 143 

     120.075 Attendance; previous enrollment; families. 

    Subdivision 1.  Any pupil who, pursuant to the provisions 
 of Minnesota Statutes 1976, section 120.065, or Minnesota 
 Statutes, 1977 Supplement, section 123.39, subdivision 5a, was 
 enrolled on either January 1, 1978, or April 5, 1978, in a 
 school district of which the pupil was not a resident may 
 continue in enrollment in that district. 

    Subd. 1a.  Any pupil who, pursuant to section 123.39, 
 subdivision 5, has continuously been enrolled since January 1, 
 1977, in a school district of which the pupil was not a resident 
 may continue in enrollment in that district. 

    Subd. 2.  Any child who was under school age on either 
 January 1, 1978, or April 5, 1978, but who otherwise would have 
 qualified pursuant to the provisions of Minnesota Statutes 1976, 
 section 120.065, or Minnesota Statutes, 1977 Supplement, section 
 123.39, subdivision 5a, for enrollment in a school district of 
 which the child was not a resident may enroll in that district. 

    Subd. 3.  Any pupil enrolled on either January 1, 1978, or 
 April 5, 1978, in a nonpublic school, as defined in section 
 123.932, subdivision 3, located in a district of which the pupil 
 was not a resident who would otherwise have qualified for 
 enrollment in that district as a resident pursuant to 
 subdivision 1 may attend the public schools of that district. 

    Subd. 3a.  Any child who was born on or before January 1, 
 1978 but who was adopted after January 1, 1978 and whose 
 adoptive parent on January 1, 1978 owned property residence upon 
 which would have qualified the child for enrollment pursuant to 
 Minnesota Statutes 1976, section 120.065, in a school district 
 of which the child was not a resident may enroll in that 
 district.  Any child who was born on or before January 1, 1978 
 but who was adopted after January 1, 1978 and whose adoptive 
 parent on January 1, 1978 owned or was a tenant upon property so 
 as to qualify a child for enrollment pursuant to Minnesota 
 Statutes, 1977 Supplement, section 123.39, subdivision 5a, in a 
 school district of which the child was not a resident may enroll 
 in that district.  

    Subd. 4.  Subdivisions 1, 1a, 2, 3 and 3a shall also apply 
 to any brother or sister of a qualified pupil who is related to 
 that pupil by blood, adoption or marriage and to any foster 
 child of that pupil's parents.  The enrollment of any pupil 
 pursuant to subdivision 1, 2, 3 or 3a and of a brother or sister 
 of that pupil or of a foster child of that pupil's parents 
 pursuant to this subdivision shall remain subject to the 
 provisions of Minnesota Statutes 1976, section 120.065 and 
 Minnesota Statutes, 1977 Supplement, section 123.39, subdivision 
 5a, as they read on January 1, 1978. 

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

    HIST: 1978 c 764 s 2; 1979 c 334 art 6 s 2; 1980 c 375 s 1; 
 1980 c 609 art 6 s 1-3; 1986 c 444; 1988 c 718 art 7 s 9-11; 
 1989 c 222 s 3; 1997 c 7 art 1 s 44 

     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 
 45 

     120.0752 Agreements between school boards; enrollment 
  exceptions. 

    Subdivision 1.  A pupil may enroll in a school district of 
 which the pupil is not a resident under this section.  

    Subd. 2.  The pupil's parent or guardian must receive the 
 approval of the school board of the nonresident district and the 
 school board of the resident district.  The nonresident school 
 board shall notify the resident school board of the approval.  

    Subd. 3.    11th and 12th grade students.  
 Notwithstanding subdivision 2, an 11th or 12th grade pupil who 
 has been enrolled in a district and whose parent or guardian 
 moves to another district, may continue to enroll in the 
 nonresident district upon the approval of the school board of 
 the nonresident district.  The approval of the school board of 
 the pupil's resident district is not required.  

    Subd. 4.  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 5; 1986 c 444; 1987 c 398 art 7 s 4; 
 1988 c 718 art 7 s 14-16; 1989 c 222 s 5; 1991 c 130 s 3; 1997 c 
 7 art 1 s 46 

   120.08 Attendance; school in another state; severance 
  pay. 

    Subdivision 1.  Any person under 21 years of age residing 
 in any district not maintaining a secondary school who has 
 successfully completed the elementary school may, with the 
 consent of the board of such district, attend any secondary 
 school of a district in an adjoining state willing to admit the 
 person, which secondary school is nearer to the place of 
 residence than any duly established secondary school in 
 Minnesota, the distances being measured by the usual traveled 
 routes.  Any tuition charged by the district so attended shall 
 be paid to the district attended by the district in which the 
 person resides.  This tuition shall not be more than (a) such 
 district charges nonresident pupils of that state, (b) the 
 average maintenance cost exclusive of transportation per pupil 
 unit in average daily membership in the school attended, nor (c) 
 the tuition rate provided for in section 124.18, subdivision 2.  

    Any pupil attending a secondary school in an adjoining 
 state for whom tuition is paid from district funds is entitled 
 to transportation services in accordance with Minnesota Statutes.

    Subd. 2.  A school board of a district maintaining a 
 secondary school may by a majority vote provide for the 
 instruction of any resident pupil attending an elementary 
 school, a middle school, or a secondary school in a school 
 district in an adjoining state.  Any charge for tuition or 
 transportation, by the district in the adjoining state, shall be 
 paid by the resident district.  The pupil shall be considered a 
 pupil of the resident district for the purposes of state aid. 

    Subd. 3.    Severance pay.  A district shall pay 
 severance pay to a teacher who is placed on unrequested leave of 
 absence by the district as a result of an agreement under this 
 section.  A teacher is eligible under this subdivision if the 
 teacher: 

    (1) is a teacher, as defined in section 125.12, subdivision 
 1, but not a superintendent; 

    (2) has a continuing contract with the district according 
 to section 125.12, subdivision 4. 

    The amount of severance pay shall be equal to the teacher's 
 salary for the school year during which the teacher was placed 
 on unrequested leave of absence minus the gross amount the 
 teacher was paid during the 12 months following the teacher's 
 termination of salary, by an entity whose teachers by statute or 
 rule must possess a valid Minnesota teaching license, and minus 
 the amount a teacher receives as severance or other similar pay 
 according to a contract with the district or district policy.  
 These entities include, but are not limited to, the school 
 district that placed the teacher on unrequested leave of 
 absence, another school district in Minnesota, an education 
 district, an intermediate school district, a SC, a board formed 
 under section 471.59, a state residential academy, the Lola and 
 Rudy Perpich Minnesota center for arts education, a vocational 
 center, or a special education cooperative.  These entities do 
 not include a school district in another state, a Minnesota 
 public post-secondary institution, or a state agency.  Only 
 amounts earned by the teacher as a substitute teacher or in a 
 position requiring a valid Minnesota teaching license shall be 
 subtracted.  A teacher may decline any offer of employment as a 
 teacher without loss of rights to severance pay. 

    To determine the amount of severance pay that is due for 
 the first six months following termination of the teacher's 
 salary, the district may require the teacher to provide 
 documented evidence of the teacher's employers and gross 
 earnings during that period.  The district shall pay the teacher 
 the amount of severance pay it determines to be due from the 
 proceeds of the levy for this purpose.  To determine the amount 
 of severance pay that is due for the second six months of the 12 
 months following the termination of the teacher's salary, the 
 district may require the teacher to provide documented evidence 
 of the teacher's employers and gross earnings during that 
 period.  The district shall pay the teacher the amount of 
 severance pay it determines to be due from the proceeds of the 
 levy for this purpose. 

    A teacher who receives severance pay under this subdivision 
 waives all further reinstatement rights under section 125.12, 
 subdivision 6a or 6b.  If the teacher receives severance pay, 
 the teacher shall not receive credit for any years of service in 
 the district paying severance pay prior to the year in which the 
 teacher becomes eligible to receive severance pay.  

    The severance pay is subject to section 465.72.  The 
 district may levy annually according to section 124.912, 
 subdivision 1, for the severance pay. 

    HIST: Ex1959 c 71 art 1 s 8; 1961 c 562 s 8; 1975 c 162 s 2; 
 1986 c 444; 1988 c 718 art 7 s 17; 1990 c 596 s 1,2; 1991 c 130 
 s 37; 1991 c 265 art 6 s 1; 1992 c 499 art 12 s 29; 1996 c 305 
 art 1 s 138; 1996 c 412 art 9 s 19; art 13 s 4 

   120.09 MS 1957 Repealed, Ex1959 c 71 art 8 s 26 

  120.09 MS 1967 Repealed, 1969 c 1082 s 2 

  120.095 Repealed, 1993 c 224 art 12 s 32; 1993 c 374 s 22 

   120.10 MS 1957 Repealed, Ex1959 c 71 art 8 s 26 

    120.10 Subdivision 1.  MS 1986 Repealed, 1987 c 
 178 s 10 

    Subd. 2.  MS 1986 Repealed, 1987 c 178 s 10 

    Subd. 2a.  MS 1984 Repealed, 1986 c 472 s 5; 1987 
 c 178 s 10 

    Subd. 2b.  MS 1984 Repealed, 1986 c 472 s 5; 1987 
 c 178 s 10 

    Subd. 3.  MS 1986 Renumbered 120.101 subd 9 

    Subd. 4.  MS 1986 Renumbered 120.101 subd 10 

     120.101 Compulsory instruction. 

    Subdivision 1.    Parental responsibility.  The parent 
 of a child is primarily responsible for assuring that the child 
 acquires knowledge and skills that are essential for effective 
 citizenship.  

    Subd. 2.    Applicability.  This section and sections 
 120.102; 120.103; 120.11; 120.14; 127.19; and 127.20 apply only 
 to a child required to receive instruction according to 
 subdivision 5 and to instruction that is intended to fulfill 
 that requirement. 

    Subd. 3.    Parent defined.  In sections 120.101 to 
 120.103, "parent" means a parent, guardian, or other person 
 having legal custody of a child.  

    Subd. 4.    School defined.  For the purpose of 
 compulsory attendance, a "school" means a public school, as 
 defined in section 120.05, or a nonpublic school, church or 
 religious organization, or home-school in which a child is 
 provided instruction in compliance with sections 120.101 and 
 120.102. 

    Subd. 5.    Ages and terms.  Every child between seven 
 and 16 years of age shall receive instruction.  Every child 
 under the age of seven who is enrolled in a half-day 
 kindergarten, or a full-day kindergarten program on alternate 
 days, or other kindergarten programs shall receive instruction.  
 Except as provided in subdivision 5a, a parent may withdraw a 
 child under the age of seven from enrollment at any time. 

    Subd. 5a. MS 1992 Repealed, 1993 c 224 art 12 s 32; 1993 
 c 374 s 22 

    Subd. 5a.    Children under seven.  Once a pupil under 
 the age of seven is enrolled in kindergarten or a higher grade 
 in a public school, the pupil is subject to the compulsory 
 attendance provisions of this chapter and section 127.20, unless 
 the school board of the district in which the pupil is enrolled 
 has a policy that exempts children under seven from this 
 subdivision. 

    In a school district in which children under seven are 
 subject to compulsory attendance under this subdivision, 
 paragraphs (a) to (c) apply. 

    (a) A parent or guardian may withdraw the pupil from 
 enrollment in the school for good cause by notifying the school 
 district.  Good cause includes, but is not limited to, 
 enrollment of the pupil in another school, as defined in 
 subdivision 4, or the immaturity of the child. 

    (b) When the pupil enrolls, the enrolling official must 
 provide the parent or guardian who enrolls the pupil with a 
 written explanation of the provisions of this subdivision. 

    (c) A pupil under the age of seven who is withdrawn from 
 enrollment in the public school under paragraph (a) is no longer 
 subject to the compulsory attendance provisions of this chapter. 

    In a school district that had adopted a policy to exempt 
 children under seven from this subdivision, the school 
 district's chief attendance officer must keep the truancy 
 enforcement authorities supplied with a copy of the school 
 board's current policy certified by the clerk of the school 
 board. 

    Subd. 5b. Repealed, 1993 c 224 art 12 s 32; 1993 c 374 s 
 22 

    Subd. 5c.    Education records.  (a) A school district 
 from which a student is transferring must transmit the student's 
 educational records, within ten business days of a request, to 
 the school district in which the student is enrolling.  School 
 districts must make reasonable efforts to determine the school 
 district in which a transferring student is next enrolling in 
 order to comply with this subdivision. 

    (b) A school district that transmits a student's 
 educational records to another school district or other 
 educational entity to which the student is transferring must 
 include in the transmitted records information about 
 disciplinary action taken as a result of any incident in which 
 the student possessed or used a dangerous weapon. 

    Subd. 5d.    Withdrawal from school.  Any student 
 between 16 and 18 years old who seeks to withdraw from school, 
 and the student's parent or guardian must: 

    (1) attend a meeting with school personnel to discuss the 
 educational opportunities available to the student, including 
 alternative educational opportunities; and 

    (2) sign a written election to withdraw from school. 

    Subd. 6.    Curriculum.  Instruction must be provided in 
 at least the following subject areas:  

    (1) basic communication skills including reading and 
 writing, literature, and fine arts; 

    (2) mathematics and science; 

    (3) social studies including history, geography, and 
 government; and 

    (4) health and physical education.  

    Instruction, textbooks, and materials must be in the 
 English language.  Another language may be used pursuant to 
 sections 126.262 to 126.265. 

    Subd. 7.    Requirements for instructors.  A person who 
 is providing instruction to a child must meet at least one of 
 the following requirements:  

    (1) hold a valid Minnesota teaching license in the field 
 and for the grade level taught; 

    (2) be directly supervised by a person holding a valid 
 Minnesota teaching license; 

    (3) successfully complete a teacher competency examination; 

    (4) provide instruction in a school that is accredited by 
 an accrediting agency, recognized according to section 123.935, 
 subdivision 7, or recognized by the state board of education; 

    (5) hold a baccalaureate degree; or 

    (6) be the parent of a child who is assessed according to 
 the procedures in subdivision 8.  

    Any person providing instruction in a public school must 
 meet the requirements of clause (1). 

    Subd. 8.    Assessment of performance.  (a) Each year 
 the performance of every child who is not enrolled in a public 
 school must be assessed using a nationally norm-referenced 
 standardized achievement examination.  The superintendent of the 
 district in which the child receives instruction and the person 
 in charge of the child's instruction must agree about the 
 specific examination to be used and the administration and 
 location of the examination.  

    (b) To the extent the examination in paragraph (a) does not 
 provide assessment in all of the subject areas in subdivision 6, 
 the parent must assess the child's performance in the applicable 
 subject area.  This requirement applies only to a parent who 
 provides instruction and does not meet the requirements of 
 subdivision 7, clause (1), (2), or (3).  

    (c) If the results of the assessments in paragraphs (a) and 
 (b) indicate that the child's performance on the total battery 
 score is at or below the 30th percentile or one grade level 
 below the performance level for children of the same age, the 
 parent shall obtain additional evaluation of the child's 
 abilities and performance for the purpose of determining whether 
 the child has learning problems.  

    (d) A child receiving instruction from a nonpublic school, 
 person, or institution that is accredited by an accrediting 
 agency, recognized according to section 123.935, subdivision 7, 
 or recognized by the state board of education, is exempt from 
 the requirements of this subdivision.  

    Subd. 9.    Legitimate exemptions.  A parent, guardian, 
 or other person having control of a child may apply to a school 
 district to have the child excused from attendance for the whole 
 or any part of the time school is in session during any school 
 year.  Application may be made to any member of the board, a 
 truant officer, a principal, or the superintendent.  The school 
 board of the district in which the child resides may approve the 
 application upon the following being demonstrated to the 
 satisfaction of that board: 

    (1) That the child's bodily or mental condition is such as 
 to prevent attendance at school or application to study for the 
 period required; or 

    (2) That for the school years 1988-1989 through 1999-2000 
 the child has already completed the studies ordinarily required 
 in the 10th grade and that for the school years beginning with 
 the 2000-2001 school year the child has already completed the 
 studies ordinarily required to graduate from high school; or 

    (3) That it is the wish of the parent, guardian, or other 
 person having control of the child, that the child attend for a 
 period or periods not exceeding in the aggregate three hours in 
 any week, a school for religious instruction conducted and 
 maintained by some church, or association of churches, or any 
 Sunday school association incorporated under the laws of this 
 state, or any auxiliary thereof.  This school for religious 
 instruction shall be conducted and maintained in a place other 
 than a public school building, and in no event, in whole or in 
 part, shall be conducted and maintained at public expense.  
 However, a child may be absent from school on such days as the 
 child attends upon instruction according to the ordinances of 
 some church. 

    Subd. 10.    Issuing and reporting excuses.  The clerk 
 or any authorized officer of the school board shall issue and 
 keep a record of such excuses, under such rules as the board may 
 from time to time establish. 

    HIST: Ex1959 c 71 art 1 s 10 subds 2,3; 1961 c 567 s 1; 1967 c 
 82 s 1; 1969 c 161 s 1,2; 1974 c 326 s 1; 1975 c 162 s 3; 1977 c 
 306 s 14; 1977 c 447 art 7 s 2,3; 1978 c 616 s 2; 1978 c 706 s 
 1; 1980 c 609 art 3 s 2; 1Sp1985 c 12 art 7 s 3; 1986 c 444; 
 1986 c 472 s 1-3; 1987 c 178 s 1,9; 1988 c 718 art 7 s 19,20; 
 1989 c 296 s 1,2; 1991 c 265 art 7 s 2; 1993 c 224 art 9 s 
 13,14; 1994 c 465 art 2 s 9,10; 1994 c 647 art 4 s 1; art 9 s 3; 
 1Sp1995 c 3 art 9 s 3,4; 1Sp1997 c 4 art 6 s 1-2; art 7 s 3 

     120.1015 Length of school year; days of instruction. 

    A school board's annual school calendar shall include at 
 least three additional days of student instruction beyond the 
 number of days of student instruction the board formally adopted 
 as its school calendar at the beginning of the 1996-1997 school 
 year. 

    HIST: 1Sp1997 c 4 art 6 s 3 

*   NOTE:  This section, as added by Laws 1997, First Special 
*Session chapter 4, article 6, section 3, is effective for the 
*1998-1999 school year.  Laws 1997, First Special Session chapter 
*4, article 6, section 22.

     120.102 Reporting. 

    Subdivision 1.    Reports to superintendent.  The person 
 in charge of providing instruction to a child shall submit the 
 following information to the superintendent of the district in 
 which the child resides: 

    (1) by October 1 of each school year, the name, age, and 
 address of each child receiving instruction; 

    (2) the name of each instructor and evidence of compliance 
 with one of the requirements specified in section 120.101, 
 subdivision 7; 

    (3) an annual instructional calendar showing that 
 instruction will occur on at least the number of days required 
 under section 120.101, subdivision 5b; and 

    (4) for each child instructed by a parent who meets only 
 the requirement of section 120.101, subdivision 7, clause (6), a 
 quarterly report card on the achievement of the child in each 
 subject area required in section 120.101, subdivision 6. 

    Subd. 2.    Availability of documentation.  The person 
 in charge of providing instruction to a child must make 
 available documentation indicating that the subjects required in 
 section 120.101, subdivision 6, are being taught.  This 
 documentation must include class schedules, copies of materials 
 used for instruction, and descriptions of methods used to assess 
 student achievement. 

    Subd. 3.    Exemptions.  A nonpublic school, person, or 
 other institution that is accredited by an accrediting agency, 
 recognized according to section 123.935, or recognized by the 
 state board of education, is exempt from the requirements in 
 subdivisions 1 and 2, except for the requirement in subdivision 
 1, clause (1). 

    Subd. 4.    Reports to the state.  A superintendent 
 shall make an annual report to the commissioner of children, 
 families, and learning.  The report must include the following 
 information: 

    (1) the number of children residing in the district 
 attending nonpublic schools or receiving instruction from 
 persons or institutions other than a public school; 

    (2) the number of children in clause (1) who are in 
 compliance with section 120.101 and this section; and 

    (3) the names, ages, and addresses of children whom the 
 superintendent has determined are not in compliance with section 
 120.101 and this section.  

    HIST: 1987 c 178 s 2; 1993 c 224 art 9 s 15; 1Sp1995 c 3 art 
 16 s 13 

     120.103 Enforcement and prosecution. 

    Subdivision 1.    On-site visits.  A superintendent or 
 the superintendent's designee may make an annual on-site visit, 
 at a mutually agreed upon time, to an unaccredited nonpublic 
 school, home, or other institution where children are receiving 
 instruction.  Upon mutual agreement between the parties, the 
 superintendent or the superintendent's designee may also visit 
 an accredited nonpublic school, person, or other institution 
 providing instruction.  The purpose of these visits shall be 
 limited to monitoring compliance with the requirements of 
 section 120.101.  If the superintendent determines that there is 
 evidence of noncompliance with the requirements of sections 
 120.101 and 120.102, the superintendent may make additional 
 visits during the school year. 

    Subd. 2.    Alternative to visits.  In lieu of the visit 
 authorized in subdivision 1, a parent who is providing 
 instruction may present the documentation required in section 
 120.102, subdivision 2, to the superintendent. 

    Subd. 3.    Notice to parents.  The superintendent shall 
 notify the parent, in writing, if a child is alleged to be 
 receiving instruction in violation of sections 120.101 and 
 120.102.  The written notification shall include a list of the 
 specific alleged violations. 

    Subd. 4.    Fact-finding and mediation.  If the 
 specified alleged violations of the compulsory attendance 
 requirements are not corrected within 15 days of receipt of the 
 written notification, the superintendent shall request 
 fact-finding and mediation services from the commissioner of 
 children, families, and learning. 

    Subd. 5.    Notice to county attorney.  If the alleged 
 violations are not corrected through the fact-finding and 
 mediation process under subdivision 4, the superintendent shall 
 notify the county attorney of the alleged violations.  The 
 superintendent shall notify the parents, by certified mail, of 
 the superintendent's intent to notify the county attorney of the 
 alleged violations. 

    Subd. 6.    Criminal complaint; prosecution.  The county 
 attorney in the county in which the alleged violations have 
 occurred has jurisdiction to conduct a prosecution for 
 violations of section 120.101, 120.102, or 120.103.  A criminal 
 complaint may be filed in any court in the county exercising 
 criminal jurisdiction and shall name the persons neglecting or 
 refusing to comply with section 120.101, 120.102, or 120.103.  
 After the complaint has been filed, a warrant shall be issued 
 and proceedings in trial shall commence as provided by law in 
 misdemeanor cases.  

    HIST: 1987 c 178 s 3; 1Sp1995 c 3 art 16 s 13 

  120.104 Repealed, 1991 c 265 art 11 s 26 

     120.1045 Background check. 

    Subdivision 1.    Background check required.  (a) A 
 school hiring authority, as defined in subdivision 4, shall 
 request a criminal history background check from the 
 superintendent of the bureau of criminal apprehension on all 
 individuals who are offered employment in the school, as defined 
 in subdivision 4.  In order to be eligible for employment, an 
 individual who is offered employment must provide an executed 
 criminal history consent form and a money order or check payable 
 to either the bureau of criminal apprehension or the school 
 hiring authority, at the election of the school hiring 
 authority, in an amount equal to the actual cost to the bureau 
 of criminal apprehension and the school district of conducting 
 the criminal history background check.  A school hiring 
 authority electing to receive payment may, at its discretion, 
 accept payment in the form of a negotiable instrument other than 
 a money order or check and shall pay the superintendent of the 
 bureau of criminal apprehension directly to conduct the 
 background check.  The superintendent of the bureau of criminal 
 apprehension shall conduct the background check by retrieving 
 criminal history data maintained in the criminal justice 
 information system computers.  A school hiring authority, at its 
 discretion, may elect not to request a criminal history 
 background check on an individual who holds an initial entrance 
 license issued by the state board of teaching or the state board 
 of education within the 12 months preceding an offer of 
 employment. 

    (b) A school hiring authority may use the results of a 
 criminal background check conducted at the request of another 
 school hiring authority if: 

    (1) the results of the criminal background check are on 
 file with the other school hiring authority or otherwise 
 accessible; 

    (2) the other school hiring authority conducted a criminal 
 background check within the previous 12 months; 

    (3) the individual who is the subject of the criminal 
 background check executes a written consent form giving a school 
 hiring authority access to the results of the check; and 

    (4) there is no reason to believe that the individual has 
 committed an act subsequent to the check that would disqualify 
 the individual for employment. 

    (c) A school hiring authority may, at its discretion, 
 request a criminal history background check from the 
 superintendent of the bureau of criminal apprehension on any 
 individual who seeks to enter a school or its grounds for the 
 purpose of serving as a school volunteer or working as an 
 independent contractor or student employee.  In order for an 
 individual to enter a school or its grounds under this paragraph 
 when the school hiring authority elects to request a criminal 
 history background check on the individual, the individual first 
 must provide an executed criminal history consent form and a 
 money order, check, or other negotiable instrument payable to 
 the school district in an amount equal to the actual cost to the 
 bureau of criminal apprehension and the school district of 
 conducting the criminal history background check.  
 Notwithstanding section 299C.62, subdivision 1, the cost of the 
 criminal history background check under this paragraph is the 
 responsibility of the individual. 

    (d) For all nonstate residents who are offered employment 
 in a school, a school hiring authority shall request a criminal 
 history background check on such individuals from the 
 superintendent of the bureau of criminal apprehension and from 
 the government agency performing the same function in the 
 resident state or, if no government entity performs the same 
 function in the resident state, from the Federal Bureau of 
 Investigation.  Such individuals must provide an executed 
 criminal history consent form and a money order, check, or other 
 negotiable instrument payable to the school hiring authority in 
 an amount equal to the actual cost to the government agencies 
 and the school district of conducting the criminal history 
 background check.  Notwithstanding section 299C.62, subdivision 
 1, the cost of the criminal history background check under this 
 paragraph is the responsibility of the individual. 

    Subd. 2.    Conditional hiring; discharge.  A school 
 hiring authority may hire an individual pending completion of a 
 background check under subdivision 1 but shall notify the 
 individual that the individual's employment may be terminated 
 based on the result of the background check.  A school hiring 
 authority is not liable for failing to hire or for terminating 
 an individual's employment based on the result of a background 
 check under this section. 

    Subd. 3. Repealed, 1996 c 412 art 9 s 20 

    Subd. 4.    Definitions.  For purposes of this section: 

    (a) "School" means a school as defined in section 120.101, 
 subdivision 4, except a home-school, and includes a school 
 receiving tribal contract or grant school aid under section 
 124.86; school, for the purposes of this section, also means a 
 service cooperative, a special education cooperative, or an 
 education district under section 123.35, and a joint powers 
 district under section 471.59. 

    (b) "School hiring authority" means the school principal or 
 other person having general control and supervision of the 
 school. 

    HIST: 1995 c 226 art 3 s 2; 1996 c 412 art 9 s 2,3; 1997 c 99 
 s 1 

  120.105 Repealed, 1Sp1997 c 4 art 7 s 58 

     120.106 Absence from school for religious observance. 

    Reasonable efforts must be made by a school district to 
 accommodate any pupil who wishes to be excused from a curricular 
 activity for a religious observance. 

    HIST: 1989 c 60 s 1 

   120.11 School boards and teachers, duties. 

    It shall be the duty of each board through its clerk or 
 other authorized agent or employee, to report the names of 
 children required to attend school, with excuses, if any, 
 granted in such district, to the superintendent or principals 
 thereof, within the first week of school.  Subsequent excuses 
 granted shall be forthwith reported in the same manner.  The 
 clerk or principal shall provide the teachers in the several 
 schools supervised, with the necessary information for the 
 respective grades of school, relating to the list of pupils with 
 excuses granted.  On receipt of the list of such pupils of 
 school age and the excuses granted, the clerk or principals 
 shall report the names of children not excused, who are not 
 attending school, with the names and addresses of their parents, 
 to the district superintendent within five days after receiving 
 the report.  

    HIST: Ex1959 c 71 art 1 s 11; 1975 c 162 s 4; 1Sp1985 c 12 art 
 7 s 4; 1986 c 444 

   120.12 MS 1957 Repealed, Ex1959 c 71 art 8 s 26 

  120.12 MS 1986 Repealed, 1987 c 178 s 10 

   120.13 MS 1957 Repealed, Ex1959 c 71 art 8 s 26 

  120.13 MS 1988 Repealed, 1989 c 329 art 9 s 34 

   120.14 Attendance officers. 

    The board of any district may authorize the employment of 
 attendance officers, who shall investigate truancy or 
 nonattendance at school, make complaints, serve notice and 
 process, and attend to the enforcement of all laws and district 
 rules regarding school attendance.  When any attendance officer 
 learns of any case of habitual truancy or continued 
 nonattendance of any child required to attend school the officer 
 shall immediately notify the person having control of such child 
 to forthwith send to and keep the child in school.  The 
 attendance officer shall also refer a habitual truant child as 
 defined in section 260.015, subdivision 19, and the child's 
 parent or legal guardian to appropriate services and procedures 
 under chapter 260A, if available within the school district.  
 Attendance officers or other designated school officials shall 
 ensure that the notice required by section 260A.03 for a child 
 who is a continuing truant is sent.  The officer shall act under 
 the general supervision of the district superintendent. 

    HIST: Ex1959 c 71 art 1 s 14; 1978 c 616 s 3; 1986 c 444; 1995 
 c 226 art 3 s 3 

   120.15 MS 1957 Repealed, Ex1959 c 71 art 8 s 26 

  120.15 MS 1988 Repealed, 1989 c 329 art 9 s 34 

   120.16 MS 1957 Repealed, Ex1959 c 71 art 8 s 26 

  120.16 MS 1988 Repealed, 1989 c 329 art 9 s 34 

   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 

     120.1701 Interagency early childhood intervention system.

    Subdivision 1.    Purpose.  It is the policy of the 
 state to develop and implement comprehensive, coordinated, 
 multidisciplinary interagency programs of early intervention 
 services for children with disabilities and their families. 

    Subd. 2.    Definitions.  For the purposes of this 
 section the following terms have the meaning given them.  

    (a) "Coordinate" means to provide ready access to a 
 community's services and resources to meet child and family 
 needs.  

    (b) "Core early intervention services" means services that 
 are available at no cost to children and families.  These 
 services include: 

    (1) identification and referral; 

    (2) screening; 

    (3) evaluation; 

    (4) assessment; 

    (5) service coordination; 

    (6) special education and related services provided under 
 section 120.17, subdivision 3a, and United States Code, title 
 20, section 1401; and 

    (7) protection of parent and child rights by means of 
 procedural safeguards. 

    (c) "County board" means a county board established under 
 chapter 375. 

    (d) "Early intervention record" means any personally 
 identifiable information about a child or the child's family 
 that is generated by the early intervention system, and that 
 pertains to evaluation and assessment, development of an 
 individualized family service plan, and the delivery of early 
 intervention services. 

    (e) "Early intervention services" means services provided 
 in conformity with an individualized family service plan that 
 are designed to meet the special developmental needs of a child 
 eligible under Code of Federal Regulations, title 34, part 303, 
 and the needs of the child's family related to enhancing the 
 child's development and that are selected in collaboration with 
 the parent.  These services include core early intervention 
 services and additional early intervention services listed in 
 subdivision 4 and services defined in Code of Federal 
 Regulations, title 34, section 303, et seq. 

    (f) "Early intervention system" means the total effort in 
 the state to meet the needs of eligible children and their 
 families, including, but not limited to: 

    (1) any public agency in the state that receives funds 
 under the Individuals with Disabilities Education Act, United 
 States Code, title 20, sections 1471 to 1485 (Part H, Public Law 
 Number 102-119); 

    (2) other state and local agencies administering programs 
 involved in the provision of early intervention services, 
 including, but not limited to: 

    (i) the Maternal and Child Health program under title V of 
 the Social Security Act, United States Code, title 42, sections 
 701 to 709; 

    (ii) the Individuals with Disabilities Education Act, 
 United States Code, title 20, sections 1411 to 1420 (Part B); 

    (iii) medical assistance under the Social Security Act, 
 United States Code, title 42, section 1396 et seq.; 

    (iv) the Developmental Disabilities Assistance and Bill of 
 Rights Act, United States Code, title 42, sections 6021 to 6030 
 (Part B); and 

    (v) the Head Start Act, United States Code, title 42, 
 sections 9831 to 9852; and 

    (3) services provided by private groups or third-party 
 payers in conformity with an individualized family service plan. 

    (g) "Eligibility for Part H" means eligibility for early 
 childhood special education under section 120.03 and Minnesota 
 Rules, part 3525.2335, subpart 1, items A and B. 

    (h) "Facilitate payment" means helping families access 
 necessary public or private assistance that provides payment for 
 services required to meet needs identified in a service plan, 
 individual education plan (IEP), individual service plan (ISP), 
 or individualized family service plan (IFSP), according to time 
 frames required by the plan.  This may also include activities 
 to collect fees for services provided on a sliding fee basis, 
 where permitted by state law. 

    (i) "Individualized family service plan" or "IFSP" means a 
 written plan for providing services to a child and the child's 
 family.  

    (j) "Interagency child find systems" means activities 
 developed on an interagency basis with the involvement of 
 interagency early intervention committees and other relevant 
 community groups to actively seek out, identify, and refer 
 infants and young children with, or at risk of, disabilities, 
 and their families. 

    (k) "Local primary agency" means the agency designated 
 jointly by the school and county board under subdivision 4. 

    (l) "Parent" means the biological parent with parental 
 rights, adoptive parent, legal guardian, or surrogate parent. 

    (m) "Part H state plan" means the annual state plan 
 application approved by the federal government under the 
 Individuals with Disabilities Education Act, United States Code, 
 title 20, section 1471 et seq. (Part H, Public Law Number 
 102-119). 

    (n) "Pay for" means using federal, state, local, and 
 private dollars available for early intervention services. 

    (o) "Respite" means short-term, temporary care provided to 
 a child with a disability due to the temporary absence or need 
 for relief of the family member or members or primary caregiver, 
 normally providing the care. 

    (p) "State lead agency" means the state agency receiving 
 federal funds under the Individuals with Disabilities Education 
 Act, United States Code, title 20, section 1471 et seq. (Part H, 
 Public Law Number 102-119). 

    (q) "Surrogate parent" means a person appointed by the 
 local education agency to assure that the rights of the child to 
 early intervention services are protected. 

    Subd. 3.    State interagency coordinating council.  An 
 interagency coordinating council of at least 17, but not more 
 than 25 members is established, in compliance with Public Law 
 Number 102-119, section 682.  The members shall be appointed by 
 the governor.  Council members shall elect the council chair.  
 The representative of the commissioner of children, families, 
 and learning may not serve as the chair.  The council shall be 
 composed of at least five parents, including persons of color, 
 of children with disabilities under age 12, including at least 
 three parents of a child with a disability under age seven, five 
 representatives of public or private providers of services for 
 children with disabilities under age five, including a special 
 education director, county social service director, and a 
 community health services or public health nursing 
 administrator, one member of the senate, one member of the house 
 of representatives, one representative of teacher preparation 
 programs in early childhood-special education or other 
 preparation programs in early childhood intervention, at least 
 one representative of advocacy organizations for children with 
 disabilities under age five, one physician who cares for young 
 children with special health care needs, one representative each 
 from the commissioners of commerce, children, families, and 
 learning, health, human services, and economic security, and a 
 representative from Indian health services or a tribal council.  
 Section 15.059, subdivisions 2 to 5, apply to the council.  The 
 council shall meet at least quarterly.  

    The council shall address methods of implementing the state 
 policy of developing and implementing comprehensive, 
 coordinated, multidisciplinary interagency programs of early 
 intervention services for children with disabilities and their 
 families. 

    The duties of the council include recommending policies to 
 ensure a comprehensive and coordinated system of all state and 
 local agency services for children under age five with 
 disabilities and their families.  The policies must address how 
 to incorporate each agency's services into a unified state and 
 local system of multidisciplinary assessment practices, 
 individual intervention plans, comprehensive systems to find 
 children in need of services, methods to improve public 
 awareness, and assistance in determining the role of interagency 
 early intervention committees.  

    Each year by June 1, the council shall recommend to the 
 governor and the commissioners of children, families, and 
 learning, health, human services, commerce, and economic 
 security policies for a comprehensive and coordinated system. 

    Notwithstanding any other law to the contrary, the state 
 interagency coordinating council shall expire on June 30, 2001. 

    Subd. 4.    Responsibilities of county boards and school 
 boards.  (a) It is the joint responsibility of county boards 
 and school boards to coordinate, provide, and pay for 
 appropriate services, and to facilitate payment for services 
 from public and private sources.  Appropriate services for 
 children eligible under section 120.03 must be determined in 
 consultation with parents, physicians, and other educational, 
 medical, health, and human services providers.  The services 
 provided must be in conformity with an IFSP for each eligible 
 infant and toddler from birth through age two and its family, or 
 an individual education plan (IEP) or individual service plan 
 (ISP) for each eligible child ages three through four.  

    (b) Appropriate services include family education and 
 counseling, home visits, occupational and physical therapy, 
 speech pathology, audiology, psychological services, special 
 instruction, nursing, respite, nutrition, assistive technology, 
 transportation and related costs, social work, vision services, 
 case management including service coordination under subdivision 
 8, medical services for diagnostic and evaluation purposes, 
 early identification, and screening, assessment, and health 
 services necessary to enable children with disabilities to 
 benefit from early intervention services. 

    (c) School and county boards shall coordinate early 
 intervention services.  In the absence of agreements established 
 according to subdivision 13, service responsibilities for 
 children birth through age two are as follows: 

    (1) school boards are required to provide, pay for, and 
 facilitate payment for special education and related services 
 required under section 120.17, subdivision 2; 

    (2) county boards are required to provide, pay for, and 
 facilitate payment for noneducational services of social work, 
 psychology, transportation and related costs, nursing, respite, 
 and nutrition services not required under clause (1). 

    (d) School and county boards may develop an interagency 
 agreement according to subdivision 13 to establish agency 
 responsibility that assures that early intervention services are 
 coordinated, provided, paid for, and that payment is facilitated 
 from public and private sources. 

    (e) County and school boards shall jointly determine the 
 primary agency in this cooperative effort and must notify the 
 commissioner of the state lead agency of their decision. 

    Subd. 5.    Interagency early intervention committees.  
 (a) A school district, group of districts, or special education 
 cooperative, in cooperation with the health and human service 
 agencies located in the county or counties in which the district 
 or cooperative is located, shall establish an interagency early 
 intervention committee for children with disabilities under age 
 five and their families.  Committees shall include 
 representatives of local and regional health, education, and 
 county human service agencies; county boards; school boards; 
 early childhood family education programs; parents of young 
 children with disabilities under age 12; current service 
 providers; and may also include representatives from other 
 private or public agencies.  The committee shall elect a chair 
 from among its members and shall meet at least quarterly. 

    (b) The committee shall develop and implement interagency 
 policies and procedures concerning the following ongoing duties: 

    (1) develop public awareness systems designed to inform 
 potential recipient families of available programs and services; 

    (2) implement interagency child find systems designed to 
 actively seek out, identify, and refer infants and young 
 children with, or at risk of, disabilities and their families; 

    (3) establish and evaluate the identification, referral, 
 child and family assessment systems, procedural safeguard 
 process, and community learning systems to recommend, where 
 necessary, alterations and improvements; 

    (4) assure the development of individualized family service 
 plans for all eligible infants and toddlers with disabilities 
 from birth through age two, and their families, and individual 
 education plans and individual service plans when necessary to 
 appropriately serve children with disabilities, age three and 
 older, and their families and recommend assignment of financial 
 responsibilities to the appropriate agencies.  Agencies are 
 encouraged to develop individual family service plans for 
 children with disabilities, age three and older; 

    (5) implement a process for assuring that services involve 
 cooperating agencies at all steps leading to individualized 
 programs; 

    (6) facilitate the development of a transitional plan if a 
 service provider is not recommended to continue to provide 
 services; 

    (7) identify the current services and funding being 
 provided within the community for children with disabilities 
 under age five and their families; 

    (8) develop a plan for the allocation and expenditure of 
 additional state and federal early intervention funds under 
 United States Code, title 20, section 1471 et seq. (Part H, 
 Public Law Number 102-119) and United States Code, title 20, 
 section 631, et seq. (Chapter I, Public Law Number 89-313); and 

    (9) develop a policy that is consistent with section 13.05, 
 subdivision 9, and federal law to enable a member of an 
 interagency early intervention committee to allow another member 
 access to data classified as not public. 

    (c) The local committee shall also: 

    (1) participate in needs assessments and program planning 
 activities conducted by local social service, health and 
 education agencies for young children with disabilities and 
 their families; 

    (2) review and comment on the early intervention section of 
 the total special education system for the district, the county 
 social service plan, the section or sections of the community 
 health services plan that address needs of and service 
 activities targeted to children with special health care needs, 
 and the section of the maternal and child health special project 
 grants that address needs of and service activities targeted to 
 children with chronic illness and disabilities; and 

    (3) prepare a yearly summary on the progress of the 
 community in serving young children with disabilities, and their 
 families, including the expenditure of funds, the identification 
 of unmet service needs identified on the individual family 
 services plan and other individualized plans, and local, state, 
 and federal policies impeding the implementation of this section.

    (d) The summary must be organized following a format 
 prescribed by the commissioner of the state lead agency and must 
 be submitted to each of the local agencies and to the state 
 interagency coordinating council by October 1 of each year. 

    The departments of children, families, and learning, 
 health, and human services must provide assistance to the local 
 agencies in developing cooperative plans for providing services. 

    Subd. 6.    Local primary agency.  (a) The local primary 
 agency shall: 

    (1) facilitate the development of annual fund requests that 
 identify arrangements with other local and regional agencies 
 providing services as part of the state's early childhood 
 intervention system and that result in service availability on a 
 year-round basis, as necessary; 

    (2) administer funds received through the annual fund 
 request; 

    (3) provide oversight for data collection efforts; 

    (4) facilitate completion of interagency early intervention 
 committee duties as indicated in subdivision 5; 

    (5) request mediation from the state lead agency, if 
 necessary; 

    (6) request assistance from the state lead agency when 
 disputes between agencies cannot be resolved within 20 calendar 
 days; and 

    (7) receive written requests from parents for matters that 
 may be resolved through due process hearings. 

    (b) When the local primary agency is not an education 
 agency, resources distributed under the early intervention fund 
 shall be transferred from a local educational agency to a 
 noneducation agency using a state provided contract.  A local 
 primary agency may budget for indirect costs at an amount not to 
 exceed five percent of the amount allocated from the early 
 intervention fund. 

    Subd. 7.    Individualized family service plan.  (a) A 
 team must participate in IFSP meetings to develop the 
 individualized family service plan.  The team shall include:  

    (1) a parent or parents of the child; 

    (2) other family members, as requested by the parent, if 
 feasible to do so; 

    (3) an advocate or person outside of the family, if the 
 parent requests that the person participate; 

    (4) the service coordinator who has been working with the 
 family since the initial referral, or who has been designated by 
 the public agency to be responsible for implementation of the 
 IFSP; and 

    (5) a person or persons involved in conducting evaluations 
 and assessments.  

    (b) The IFSP must include: 

    (1) information about the child's developmental status; 

    (2) family information, with the consent of the family; 

    (3) major outcomes expected to be achieved by the child and 
 the family, that include the criteria, procedures, and 
 timelines; 

    (4) specific early intervention services necessary to meet 
 the unique needs of the child and the family to achieve the 
 outcomes; 

    (5) payment arrangements, if any; 

    (6) medical and other services that the child needs, but 
 that are not required under the Individual with Disabilities 
 Education Act, United States Code, title 20, section 1471 et 
 seq. (Part H, Public Law Number 102-119) including funding 
 sources to be used in paying for those services and the steps 
 that will be taken to secure those services through public or 
 private sources; 

    (7) dates and duration of early intervention services; 

    (8) name of the service coordinator; 

    (9) steps to be taken to support a child's transition from 
 early intervention services to other appropriate services; and 

    (10) signature of the parent and authorized signatures of 
 the agencies responsible for providing, paying for, or 
 facilitating payment, or any combination of these, for early 
 intervention services. 

    Subd. 8.    Service coordination.  (a) The team 
 developing the individualized family service plan under 
 subdivision 7 shall select a service coordinator to carry out 
 service coordination activities on an interagency basis.  
 Service coordination must actively promote a family's capacity 
 and competency to identify, obtain, coordinate, monitor, and 
 evaluate resources and services to meet the family's needs.  
 Service coordination activities include: 

    (1) coordinating the performance of evaluations and 
 assessments; 

    (2) facilitating and participating in the development, 
 review, and evaluation of individualized family service plans; 

    (3) assisting families in identifying available service 
 providers; 

    (4) coordinating and monitoring the delivery of available 
 services; 

    (5) informing families of the availability of advocacy 
 services; 

    (6) coordinating with medical, health, and other service 
 providers; 

    (7) facilitating the development of a transition plan at 
 least six months prior to the time the child is no longer 
 eligible for early intervention services, if appropriate; 

    (8) managing the early intervention record and submitting 
 additional information to the local primary agency at the time 
 of periodic review and annual evaluations; and 

    (9) notifying a local primary agency when disputes between 
 agencies impact service delivery required by an individualized 
 family service plan. 

    (b) A service coordinator must be knowledgeable about 
 children and families receiving services under this section, 
 requirements of state and federal law, and services available in 
 the interagency early childhood intervention system. 

    Subd. 8a.    Early intervention respite.  The provision 
 of respite services for an eligible child and family shall be 
 determined in the context of the IFSP development based on the 
 individual needs of the child and family and with consideration 
 given to the following criteria: 

    (1) severity of the child's disability and needs; 

    (2) potential risk of out-of-home placement for the child 
 if respite services are not provided; 

    (3) parental lack of access to informal support systems, 
 including, but not limited to, extended family, supportive 
 friends, and community supports; 

    (4) presence of factors known to increase family stress, 
 including, but not limited to, family size and presence of 
 another child or family member with a disability; 

    (5) the availability of other public services provided to 
 the family which assist the parent or primary caretaker in 
 obtaining relief from caretaking responsibilities; and 

    (6) the perceived and expressed level of need for respite 
 services by the parent. 

    Counties are encouraged to make a variety of respite 
 service models available, which may include in or out-of-home 
 respite, family reimbursement programs, and parent-to-parent 
 respite projects. 

    Subd. 9.    Early intervention flow-through dollars.  (a)
 The state lead agency shall administer the early intervention 
 account which consists of federal allocations.  The Part H state 
 plan shall state the amount of federal resources in the early 
 intervention account available for use by local agencies.  The 
 state lead agency shall distribute the funds to the local 
 primary agency based on a December 1 count of the prior year of 
 Part H eligible children for the following purposes:  

    (1) as provided in Code of Federal Regulations, title 34, 
 part 303.425, to arrange for payment for early intervention 
 services not elsewhere available, or to pay for services during 
 the pendency of a conflict procedure, including mediation, 
 complaints, due process hearings, and interagency disputes; and 

    (2) to support interagency child find system activities.  

    (b) The priority purpose for this fund is paragraph (a), 
 clause (1).  The local primary agency shall reallocate resources 
 from the early intervention fund as necessary in order to meet 
 this priority. 

    (c) Nothing in this subdivision shall limit the state lead 
 agency's authority to allocate discretionary federal funds for 
 any purpose consistent with the Individuals with Disabilities 
 Education Act, United States Code, title 20, sections 1471 to 
 1485 (Part H, Public Law Number 102-119) and regulations adopted 
 under United States Code, title 20, sections 1471 to 1485. 

    (d) Each county board must continue to spend for early 
 intervention services under subdivision 2, paragraph (e), an 
 amount equal to the total county expenditure during the period 
 from January 1, 1993, to December 31, 1993, for these same 
 services.  The commissioner of human services, in consultation 
 with the commissioner of health and the association of Minnesota 
 counties, shall establish a process for determining base year 
 1993 expenditures. 

    (e) County boards that have submitted base year 1993 
 expenditures as required under paragraph (d) are not required to 
 pay any increased cost over the base year 1993 for early 
 intervention services resulting from implementing the early 
 intervention system.  Increased costs to county boards may be 
 paid for with early intervention flow-through dollars. 

    (f) School boards are not required to pay for services 
 defined in subdivision 4, paragraph (c), clause (2). 

    Subd. 10.    Payment for services.  Core early 
 intervention services shall be provided at public expense with 
 no cost to parents.  Parents shall be requested to assist in the 
 cost of additional early intervention services by using 
 third-party payment sources and applying for available 
 resources.  Payment structures permitted under state law shall 
 be used to pay for additional early intervention services.  
 Parental financial responsibility shall be clearly defined in 
 the individualized family service plan.  A parent's inability to 
 pay shall not prohibit a child from receiving needed early 
 intervention services. 

    Subd. 11.    Payor of last resort.  (a) For fiscal years 
 1995 and 1996, the state lead agency shall establish a reserve 
 account from federal sources to pay for services in dispute or 
 to pay for early intervention services when local agencies have 
 exhausted all other public and private funds available for Part 
 H eligible children. 

    (b) The lead agency shall report to the legislature by 
 January 1, 1996, regarding county board expenditures for early 
 intervention services and the continuing need and funding of the 
 reserve account.  

    Subd. 12.    Maintenance of effort.  A county human 
 services agency or county board shall continue to provide 
 services set forth in their county social service agency plan.  
 The county human services agency or county board shall serve 
 children with disabilities under age five, and their families, 
 or as specified in the individualized family service plan for 
 children with disabilities, birth through age two, or the 
 individual service plan of each child.  Special instruction and 
 related services for which a child with a disability is eligible 
 under this section are the responsibility of the local school 
 board.  It is the joint responsibility of county boards and 
 school boards to coordinate, provide, and pay for all 
 appropriate services required in subdivision 11b and to 
 facilitate payment for services from public and private sources. 

    Subd. 13.    Local interagency agreements.  School 
 boards and the county board may enter into agreements to 
 cooperatively serve and provide funding for children with 
 disabilities, under age five, and their families within a 
 specified geographic area. 

    The local interagency agreement must address, at a minimum, 
 the following issues: 

    (1) responsibilities of local agencies on local interagency 
 early intervention committees (IEIC's), consistent with 
 subdivision 12; 

    (2) assignment of financial responsibility for early 
 intervention services; 

    (3) methods to resolve intraagency and interagency 
 disputes; 

    (4) identification of current resources and recommendations 
 about the allocation of additional state and federal early 
 intervention funds under the auspices of United States Code, 
 title 20, section 1471 et seq. (Part H, Public Law Number 
 102-119) and United States Code, title 20, section 631, et seq. 
 (Chapter I, Public Law Number 89-313); 

    (5) data collection; and 

    (6) other components of the local early intervention system 
 consistent with Public Law Number 102-119. 

    Subd. 14.    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. 15.    Benefits coordination.  The department of 
 health shall provide technical assistance in a timely manner to 
 service coordinators, parents of children with disabilities, and 
 agencies in situations requiring the coordination of health 
 insurance benefits, or the identification of third-party payor 
 responsibilities to provide necessary health benefits. 

    Subd. 16.    Procedural safeguards; parent and child 
 rights.  (a) This subdivision applies to local school and 
 county boards for children from birth through age two who are 
 eligible for Part H, Public Law Number 102-119, and their 
 families.  This subdivision must be consistent with the 
 Individuals with Disabilities Education Act, United States Code, 
 title 20, sections 1471 to 1485 (Part H, Public Law Number 
 102-119), regulations adopted under United States Code, title 
 20, sections 1471 to 1485, and this section. 

    (b) A parent has the right to: 

    (1) inspect and review early intervention records; 

    (2) prior written notice of a proposed action in the 
 parents' native language unless it is clearly not feasible to do 
 so; 

    (3) give consent to any proposed action; 

    (4) selectively accept or decline any early intervention 
 service; and 

    (5) resolve issues regarding the identification, 
 evaluation, or placement of the child, or the provision of 
 appropriate early intervention services to the child and the 
 child's family through an impartial due process hearing pursuant 
 to subdivision 20. 

    (c) The eligible child has the right to have a surrogate 
 parent appointed by a school district as required by section 
 120.17, subdivision 3. 

    Subd. 17.    Mediation procedure.  The commissioner of 
 the state lead agency shall use federal funds to provide 
 mediation for the activities in paragraphs (a) and (b). 

    (a) A parent may resolve a dispute regarding issues in 
 subdivision 16, paragraph (b), clause (5), through mediation.  
 If the parent chooses mediation, all public agencies involved in 
 the dispute shall participate in the mediation process.  The 
 parent and the public agencies must complete the mediation 
 process within 20 calendar days of the date the commissioner 
 receives a parent's written request for mediation.  The 
 mediation process may not be used to delay a parent's right to a 
 due process hearing.  The resolution of the mediation is not 
 binding on any party. 

    (b) The local primary agency may request mediation on 
 behalf of involved agencies when there are disputes between 
 agencies regarding responsibilities to coordinate, provide, pay 
 for, or facilitate payment for early intervention services. 

    Subd. 18.    Complaint procedure.  (a) An individual or 
 organization may file a written signed complaint with the 
 commissioner of the state lead agency alleging that one or more 
 requirements of the Code of Federal Regulations, title 34, part 
 303, is not being met.  The complaint must include:  

    (1) a statement that the state has violated the Individuals 
 with Disabilities Education Act, United States Code, title 20, 
 section 1471 et seq. (Part H, Public Law Number 102-119) or Code 
 of Federal Regulations, title 34, section 303; and 

    (2) the facts on which the complaint is based. 

    (b) The commissioner of the state lead agency shall receive 
 and coordinate with other state agencies the review and 
 resolution of a complaint within 60 calendar days according to 
 the state interagency agreement required under subdivision 22. 

    Subd. 19.    Interagency dispute procedure.  (a) A 
 dispute between a school board and a county board that is 
 responsible for implementing the provisions of subdivision 4 
 regarding early identification, child and family assessment, 
 service coordination, and IFSP development and implementation 
 shall be resolved according to this subdivision when the dispute 
 involves services provided to children and families eligible 
 under the Individuals with Disabilities Education Act, United 
 States Code, title 20, section 1471 et seq. (Part H, Public Law 
 Number 102-119). 

    (b) A dispute occurs when the school board and county board 
 are unable to agree as to who is responsible to coordinate, 
 provide, pay for, or facilitate payment for services from public 
 and private sources. 

    (c) Written and signed disputes shall be filed with the 
 local primary agency. 

    (d) The local primary agency shall have attempted to 
 resolve the matter with the involved school board and county 
 board and may request mediation from the commissioner of the 
 state lead agency for this purpose. 

    (e) When interagency disputes have not been resolved within 
 30 calendar days, the local primary agency shall request the 
 commissioner of the state lead agency to review the matter with 
 the commissioners of health and human services and make a 
 decision.  The commissioner shall provide a consistent process 
 for reviewing those procedures.  The commissioners' decision is 
 binding subject to the right of an aggrieved party to appeal to 
 the state court of appeals. 

    (f) The local primary agency shall ensure that eligible 
 children and their families receive early intervention services 
 during resolution of a dispute.  While a local dispute is 
 pending, the local primary agency shall either assign financial 
 responsibility to an agency or pay for the service from the 
 early intervention account under subdivision 9.  If in resolving 
 the dispute, it is determined that the assignment of financial 
 responsibility was inappropriate, the responsibility for payment 
 must be reassigned to the appropriate agency and the responsible 
 agency shall make arrangements for reimbursing any expenditures 
 incurred by the agency originally assigned financial 
 responsibility. 

    Subd. 20.    Due process hearings.  The procedures for 
 due process hearings and appeals shall be the same as those in 
 section 120.17, subdivision 3b.  The responsibility for payment 
 of costs and conducting due process hearings and appeals shall 
 be allocated to the appropriate agency in accordance with 
 subdivisions 5, 13, and 16.  

    Subd. 21.    Data collection.  By July 1, 1994, the 
 departments of children, families, and learning, health, and 
 human services shall develop a plan to collect data about which 
 early intervention services are being provided to children and 
 families eligible under the Individuals with Disabilities 
 Education Act, United States Code, title 20, section 1471 et 
 seq. (Part H, Public Law Number 102-119) and sources of payment 
 for those services. 

    Subd. 22.    State interagency agreement.  (a) The 
 commissioners of the departments of children, families, and 
 learning, health, and human services shall enter into an 
 agreement to implement this section and Part H, Public Law 
 Number 102-119, and as required by Code of Federal Regulations, 
 title 34, section 303.523, to promote the development and 
 implementation of interagency, coordinated, multidisciplinary 
 state and local early childhood intervention service systems for 
 serving eligible young children with disabilities, birth through 
 age two, and their families.  The agreement must be reviewed 
 annually. 

    (b) The state interagency agreement shall outline at a 
 minimum the conditions, procedures, purposes, and 
 responsibilities of the participating state and local agencies 
 for the following: 

    (1) membership, roles, and responsibilities of a state 
 interagency committee for the oversight of priorities and budget 
 allocations under Part H, Public Law Number 102-119, and other 
 state allocations for this program; 

    (2) child find; 

    (3) establishment of local interagency agreements; 

    (4) review by a state interagency committee of the 
 allocation of additional state and federal early intervention 
 funds by local agencies; 

    (5) fiscal responsibilities of the state and local 
 agencies; 

    (6) intraagency and interagency dispute resolution; 

    (7) payor of last resort; 

    (8) maintenance of effort; 

    (9) procedural safeguards, including mediation; 

    (10) complaint resolution; 

    (11) quality assurance; 

    (12) data collection; 

    (13) an annual summary to the state interagency 
 coordinating council regarding conflict resolution activities 
 including disputes, due process hearings, and complaints; and 

    (14) other components of the state and local early 
 intervention system consistent with Public Law Number 102-119. 

 Written materials must be developed for parents, IEIC's, and 
 local service providers that describe procedures developed under 
 this section as required by Code of Federal Regulations, title 
 34, section 303. 

    HIST: 1994 c 647 art 3 s 9,34; 1Sp1995 c 3 art 16 s 13; 1996 c 
 412 art 3 s 4,5; 1Sp1997 c 4 art 2 s 1 

*   NOTE:  Subdivision 3 was also amended by Laws 1997, chapter 
*192, section 19, and the last paragraph of that subdivision had 
*the state interagency coordinating council expiring on June 30, 
*1999.

  120.171 Repealed, 1979 c 334 art 3 s 19 

     120.172 Legislative commitment to conciliation. 

    Subdivision 1.    Policy statement.  The legislature 
 finds that conciliation conferences pursuant to section 120.17 
 serve better than formal hearings to promote communications 
 between parents and school staff and to reach prompt, shared 
 decisions about educational programs for children with a 
 disability.  Further, the legislature urges the United States 
 department of education and the United States office of civil 
 rights to acknowledge that the conciliation conference process 
 violates no federal statute or regulation.  

    Subd. 2.    State plan.  The state board of education 
 shall not adopt any provision in the state plan for special 
 education which reduces the opportunities for parents and school 
 districts to resolve their differences through conciliation.  

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

    HIST: 1981 c 358 art 3 s 8; 1991 c 265 art 3 s 38 

     120.173 Alternative delivery of specialized 
  instructional services. 

    Subdivision 1.    Commissioner approval.  The 
 commissioner of children, families, and learning may approve 
 applications from school districts to provide prevention 
 services as an alternative to special education and other 
 compensatory programs during three school years.  A district 
 with an approved program may provide instruction and services in 
 a regular education classroom to eligible pupils.  Pupils 
 eligible to participate in the program are low-performing pupils 
 who, based on documented experience, the professional judgment 
 of a classroom teacher, or a team of licensed professionals, 
 would eventually qualify for special education instruction or 
 related services under section 120.17 if the intervention 
 services authorized by this section were unavailable.  Pupils 
 may be provided services during extended school days and 
 throughout the entire year.  

    Subd. 2.    Application contents.  The application must 
 set forth: 

    (1) instructional services available to eligible pupils 
 under section 124.311, subdivision 3, and pupils with a 
 disability under section 120.03; 

    (2) criteria to select pupils for the program and the 
 assessment procedures to determine eligibility; 

    (3) involvement in the program of parents of pupils in the 
 program, parent advocates, and community special education 
 advocates; 

    (4) accounting procedures to document that federal special 
 education money is used to supplement or increase the level of 
 special education instruction and related services provided with 
 state and local revenue, but in no case to supplant the state 
 and local revenue, and that districts are expending at least the 
 amount for special education instruction and related services 
 required by federal law; 

    (5) the role of regular and special education teachers in 
 planning and implementing the program; and 

    (6) other information requested by the commissioner.  

    Subd. 3.    Evaluation.  The application shall also set 
 forth the review and evaluation procedures to be used by the 
 district addressing at least the following:  

    (1) the number of pupils with and without a disability 
 served; 

    (2) the impact of the program on the academic progress and 
 social adjustment of the pupils; 

    (3) the level of satisfaction teachers, parents, and pupils 
 have with the program; 

    (4) the effect of the program on the number of referrals 
 for special education, federal chapter 1, and other programs; 

    (5) the amount of time spent by teachers on procedural 
 activities; 

    (6) the increased amount of time the pupil is in a regular 
 education classroom; and 

    (7) cost implications.  

    Subd. 4.    Review for excess expenditures.  The 
 commissioner shall review each application to determine whether 
 the personnel, equipment, supplies, residential aid, and summer 
 school are necessary to meet the district's obligation to 
 provide special instruction and services to children with a 
 disability according to section 120.17.  The commissioner shall 
 not approve revenue for any expenditures determined to be 
 unnecessary.  

    Subd. 5.    Annual report.  Each year the district must 
 submit to the commissioner a report containing the information 
 described in subdivision 3 and section 124.311, subdivision 7.  

    Subd. 6.    Pupil rights.  A pupil participating in the 
 program must be individually evaluated according to the pupil's 
 actual abilities and needs.  A pupil who is eligible for 
 services under section 120.17 is entitled to procedural 
 protections provided under Public Law Number 94-142 in any 
 matter that affects the identification, evaluation, placement, 
 or change in placement of a pupil.  The district must ensure the 
 protection of a pupil's civil rights, provide equal educational 
 opportunities, and prohibit discrimination.  Failure to comply 
 with this subdivision will at least cause a district to become 
 ineligible to participate in the program.  Notwithstanding rules 
 of the state board of education, a pupil's rights under this 
 section cannot be waived by the state board. 

    HIST: 1991 c 265 art 3 s 3,38; 1Sp1995 c 3 art 16 s 13 

   120.18 MS 1957 Repealed, Ex1959 c 71 art 8 s 26 

  120.18 MS 1967 Repealed, 1969 c 981 s 7 

     120.181 Placement of children without disabilities; 
  education and transportation. 

    The responsibility for providing instruction and 
 transportation for a pupil without a disability who has a 
 short-term or temporary physical or emotional illness or 
 disability, as determined by the standards of the state board, 
 and who is temporarily placed for care and treatment for that 
 illness or disability, shall be determined as provided in this 
 section.  

    (a) The school district of residence of the pupil shall be 
 the district in which the pupil's parent or guardian resides, or 
 when neither the pupil's parent nor guardian resides within the 
 state and tuition has been denied, the district designated by 
 the commissioner of children, families, and learning.  

    (b) Prior to the placement of a pupil for care and 
 treatment, the district of residence shall be notified and 
 provided an opportunity to participate in the placement 
 decision.  When an immediate emergency placement is necessary 
 and time does not permit resident district participation in the 
 placement decision, the district in which the pupil is 
 temporarily placed, if different from the district of residence, 
 shall notify the district of residence of the emergency 
 placement within 15 days of the placement.  

    (c) When a pupil without a disability is temporarily placed 
 for care and treatment in a day program and the pupil continues 
 to live within the district of residence during the care and 
 treatment, the district of residence shall provide instruction 
 and necessary transportation for the pupil.  The district may 
 provide the instruction at a school within the district of 
 residence, at the pupil's residence, or in the case of a 
 placement outside of the resident district, in the district in 
 which the day treatment program is located by paying tuition to 
 that district.  The district of placement may contract with a 
 facility to provide instruction by teachers licensed by the 
 state board of teaching.  

    (d) When a pupil without a disability is temporarily placed 
 in a residential program for care and treatment, the district in 
 which the pupil is placed shall provide instruction for the 
 pupil and necessary transportation while the pupil is receiving 
 instruction, and in the case of a placement outside of the 
 district of residence, the nonresident district shall bill the 
 district of residence for the actual cost of providing the 
 instruction for the regular school year and for summer school, 
 excluding transportation costs.  When a pupil without a 
 disability is temporarily placed in a residential program 
 outside the district of residence, the administrator of the 
 court placing the pupil shall send timely written notice of the 
 placement to the district of residence.  The district of 
 placement may contract with a residential facility to provide 
 instruction by teachers licensed by the state board of teaching. 

    (e) The district of residence shall include the pupil in 
 its residence count of pupil units and pay tuition as provided 
 in section 124.18 to the district providing the instruction.  
 Transportation costs shall be paid by the district providing the 
 transportation and the state shall pay transportation aid to 
 that district.  For purposes of computing state transportation 
 aid, pupils governed by this subdivision shall be included in 
 the disabled transportation category.  

    HIST: 1982 c 548 art 1 s 1; 1988 c 486 s 6; 1991 c 265 art 3 s 
 4,38; 1992 c 499 art 3 s 8; 1Sp1995 c 3 art 16 s 13; 1996 c 412 
 art 2 s 3; 1Sp1997 c 4 art 2 s 2 

     120.1811 Residential treatment facilities; education. 

    Subdivision 1.    Educational screening.  Secure and 
 nonsecure residential treatment facilities licensed by the 
 department of human services or the department of corrections 
 shall screen each juvenile who is held in a facility for at 
 least 72 hours, excluding weekends or holidays, using an 
 educational screening tool identified by the department of 
 children, families, and learning, unless the facility determines 
 that the juvenile has a current individual education plan and 
 obtains a copy of it.  The department of children, families, and 
 learning shall develop or identify an education screening tool 
 for use in residential facilities.  The tool must include a life 
 skills development component. 

    Subd. 2.    Rulemaking.  The state board of education 
 may, in consultation with the commissioners of corrections and 
 human services, make or amend rules relating to education 
 programs in residential treatment facilities, if necessary, to 
 implement this section. 

    HIST: 1995 c 226 art 3 s 4; 1Sp1995 c 3 art 16 s 13 

     120.182 Special education director. 

    The authority for the selection and employment of the 
 director of a special education cooperative established pursuant 
 to section 120.17 or 471.59 shall be vested in the governing 
 board of the cooperative.  Notwithstanding the provisions of 
 section 125.12, subdivision 6a or 6b, no individual shall have a 
 right to employment as a director based on seniority or order of 
 employment by the cooperative.  

    HIST: 1983 c 314 art 7 s 5 

     120.183 Interagency office on transition services. 

    The commissioner of children, families, and learning shall 
 establish an interagency office on transition services to:  

    (1) gather and coordinate data on transition services for 
 secondary age pupils with a disability; 

    (2) provide information, consultation, and technical 
 assistance to state and local agencies involved in the delivery 
 of services to pupils with a disability in transition from 
 secondary school programs to employment and post-secondary 
 training programs; 

    (3) assist agencies in establishing local interagency 
 agreements to assure the necessary services for efficient and 
 appropriate transition from school to work or post-secondary 
 training programs; and 

    (4) assist regions and local areas in planning interagency 
 in-service training to develop and improve transition services.  

    HIST: 1Sp1985 c 12 art 3 s 9; 1991 c 265 art 3 s 38; 1Sp1995 c 
 3 art 16 s 13 

     120.185 Accommodating students with disabilities. 

    A school or school district shall provide a student who is 
 an "individual with a disability" under Section 504 of the 
 Rehabilitation Act of 1973, United States Code, title 29, 
 section 794, or under the Americans with Disabilities Act, 
 Public Law Number 101-336, with reasonable accommodations or 
 modifications in programs.  

    HIST: 1994 c 647 art 3 s 10 

     120.187 Definition. 

    Subdivision 1.    Applicability.  For the purposes of 
 sections 120.187 to 120.190, the following terms have the 
 meanings given them. 

    Subd. 2.    Assistive technology device.  "Assistive 
 technology device" means any item, piece of equipment, software, 
 or product system, whether acquired commercially off the shelf, 
 modified, or customized, that is used to increase, maintain, or 
 improve functional capabilities of children with disabilities. 

    HIST: 1996 c 412 art 3 s 6 

     120.188 Purchasing guidelines. 

    Subdivision 1.    Rights of school districts to purchase 
 school-owned assistive technology.  (a) When a child with a 
 disability exits a school district and enters a new school 
 district, the child's new school district may purchase any 
 assistive technology devices that the child's former school 
 district has purchased on the child's behalf.  The child's new 
 school district must notify, in writing, the child's former 
 school district of the intent to purchase the device.  The 
 child's new school district must complete a purchase agreement 
 according to section 120.1701, subdivision 10.  The child's 
 former school district must respond, in writing, to the request 
 to purchase within 30 days.  

    (b) School districts may decline to sell a device if they 
 can demonstrate the technology is a general use device or can be 
 modified for use by other students. 

    Subd. 2.    Liability for used equipment.  The child's 
 former school district shall not be liable for any 
 nonconformities in the equipment after it is purchased by the 
 child's new school district, or for injuries arising out of the 
 use of the assistive technology device.  This section does not 
 foreclose the child's right to bring suit against the 
 manufacturer, assistive device lessor, or assistive device 
 dealer for nonconformities in or injuries arising out of the use 
 of the assistive technology device. 

    Subd. 3.    Third-party payors.  Nothing contained in 
 this section shall be construed as decreasing the obligation of 
 an insurance company or other third-party payor to provide 
 coverage for assistive technology. 

    HIST: 1996 c 412 art 3 s 7 

     120.189 Interagency agreement to purchase used assistive 
  technology devices. 

    Subdivision 1.    Option to purchase by department of 
 economic security.  (a) When a child with a disability 
 transitions into a work environment or enrolls in a 
 post-secondary course or program, the department of economic 
 security may purchase any assistive technology device that the 
 child's former school district purchased on the child's behalf. 

    (b) The department of economic security may purchase an 
 assistive technology device initially purchased by a school 
 district for a child who is currently a recipient of 
 rehabilitation services and who needs the identical assistive 
 technology device as stated on the recipient's individual 
 written rehabilitation plan.  The purchase may be made not more 
 than three months prior to the child exiting the school district.

    Subd. 2.    Liability for used equipment.  The 
 department of economic security and the department of children, 
 families, and learning shall not be liable for any 
 nonconformities in the equipment after it is purchased by the 
 department of economic security, or for injuries arising out of 
 the use of the assistive technology device.  This section does 
 not foreclose the child's right to bring suit against the 
 manufacturer, assistive device lessor, or assistive device 
 dealer for nonconformities in or injuries arising out of the use 
 of the assistive technology device. 

    Subd. 3.    Third-party payor.  Nothing contained in 
 this section shall be construed as decreasing the obligation of 
 an insurance company or other third-party payor to provide 
 coverage for assistive technology. 

    HIST: 1996 c 412 art 3 s 8 

     120.190 Purchase agreement; price formula. 

    The commissioner shall develop guidelines for the sale of 
 used assistive technology including a purchase agreement, a 
 formula for establishing the sale price, and other terms and 
 conditions of the sale. 

    HIST: 1996 c 412 art 3 s 9 

   120.44 MS 1957 Repealed, Ex1959 c 71 art 8 s 26; 1961 c 
  446 s 2; 1961 c 567 s 2 subd 2 

  120.46 MS 1957 Repealed, Ex1959 c 71 art 8 s 26 

   120.51-120.57 MS 1957 Repealed, 1959 c 687 s 13; Ex1959 
  c 27 s 13; Ex1959 c 71 art 8 s 26 

  120.58 MS 1957 Repealed, Ex1959 c 71 art 8 s 26 

     120.59 Purpose of flexible learning year programs. 

    The purpose of sections 120.59 to 120.67 is to authorize 
 districts to evaluate, plan and employ the use of flexible 
 learning year programs.  It is anticipated that the open 
 selection of the type of flexible learning year operation from a 
 variety of alternatives will allow each district which seeks to 
 utilize this concept to suitably fulfill the educational needs 
 of its pupils.  These alternatives shall include, but not be 
 limited to, various 45-15 plans, four-quarter plans, quinmester 
 plans, extended learning year plans, flexible all-year plans, 
 and four-day week plans.  

    HIST: 1974 c 326 s 2; 1991 c 265 art 9 s 4 

     120.60 Definition of flexible learning year. 

    "Flexible learning year program" means any district plan 
 approved by the state board of education which utilizes 
 buildings and facilities during the entire year and/or which 
 provides forms of optional scheduling of pupils and personnel 
 during the learning year in elementary and secondary schools or 
 residential facilities for children with a disability.  

    HIST: 1974 c 326 s 3; 1991 c 265 art 3 s 38; art 9 s 5 

     120.61 Establishment of flexible learning year program. 

    The board of any district, with the approval of the state 
 board of education, may establish and operate a flexible 
 learning year program in one or more of the day or residential 
 facilities for children with a disability within the district.  

    HIST: 1974 c 326 s 4; 1991 c 265 art 3 s 38; art 9 s 6 

     120.62 Division of children into groups. 

    The board of any district operating a flexible learning 
 year program in one or more of the facilities within the 
 district shall divide the students of each selected facility 
 into as many groups as necessary to accommodate this program.  
 Students of the same family shall be placed in the same group 
 unless one or more of these students is enrolled in a special 
 education class or unless the parent or guardian of these 
 students requests that the students be placed in different 
 groups.  No board shall discriminate on the basis of race, 
 color, creed, religion, marital status, status with regard to 
 public assistance, sex, or national origin when assigning pupils 
 to attendance groups pursuant to this section.  

    HIST: 1974 c 326 s 5; 1991 c 265 art 9 s 7 

     120.63 Public hearing before implementation. 

    Prior to implementing a flexible learning year program in 
 any facility of the district, the board shall negotiate with the 
 teachers, principals, assistant principals, supervisory 
 personnel and employees to the extent required by the public 
 employment labor relations act, and shall consult with the 
 parents of pupils who would be affected by the change, and with 
 the community at large.  These procedures shall include at least 
 three informational meetings for which the board has given 
 published notice to the teachers and employees and to the 
 parents of pupils affected.  

    HIST: 1974 c 326 s 6; 1991 c 265 art 9 s 8 

     120.64 Assignment of teachers. 

    Subdivision 1.  In districts where a flexible learning year 
 program is implemented in fewer than all of the facilities 
 maintained by the district, the board of the district shall make 
 every reasonable effort to assign qualified teachers who prefer 
 a traditional schedule to facilities of the same level retaining 
 a traditional schedule. 

    Subd. 2.  A full-time teacher currently employed by a 
 district which converts to a flexible learning year program 
 shall not, without the teacher's written consent, be required to 
 teach under this program (1) more or less than the number of 
 scheduled days or their equivalent the facilities of the 
 district were maintained during the year preceding 
 implementation of the flexible learning year program; (2) in a 
 period of the calendar year substantially different from the 
 period in which the teacher taught during the year preceding 
 implementation of the flexible learning year program. 

    Subd. 3.  In no event shall a teacher's continuing contract 
 rights to a position held the year preceding implementation of a 
 flexible learning year program or teaching experience earned 
 during a probationary period the year preceding implementation 
 be lost or impaired upon adoption of a flexible learning year 
 program.  If the year of teaching preceding implementation was 
 the end of a probationary period, the continuing contract right 
 to a full year's contract which normally would be acquired for 
 the next succeeding learning year shall be acquired in the year 
 of adoption of the flexible program. 

    Subd. 4.  Any district operating a flexible learning year 
 program shall enter into one contract governing the entire 
 learning year with each teacher employed in a flexible program.  
 If individual teachers contract to teach less than a period of 
 175 days during a learning year, each 175 days of employment 
 accrued during any five-year period after the adoption of a 
 flexible learning year program shall be deemed consecutive and 
 shall constitute a full year's employment for purposes of 
 establishing and retaining continuing contract rights to a full 
 learning year position pursuant to sections 125.12, subdivisions 
 3 and 4, and 125.17, subdivisions 2 and 3.  A teacher who has 
 not been discharged or advised of a refusal to renew the 
 teacher's contract by the applicable date, as specified in 
 section 125.12 or 125.17, in the year in which the teacher will 
 complete the requisite number of days for securing a continuing 
 contract shall have a continuing full learning year contract 
 with the district. 

    Subd. 5.  Continuing contract rights established pursuant 
 to this section shall not be impaired or lost by the termination 
 of a flexible learning year program. 

    HIST: 1974 c 326 s 7; 1978 c 764 s 6; 1986 c 444; 1991 c 265 
 art 9 s 9 

  120.65 Repealed, 1Sp1997 c 4 art 7 s 58 

     120.66 Powers and duties of the state board. 

    Subdivision 1.  The state board of education shall: 

    (1) Promulgate rules necessary to the operation of sections 
 120.59 to 120.67; 

    (2) Cooperate with and provide supervision of flexible 
 learning year programs to determine compliance with the 
 provisions of sections 120.59 to 120.67, the state board 
 standards and qualifications, and the proposed program as 
 submitted and approved; 

    (3) Provide any necessary adjustments of (a) attendance and 
 membership computations and (b) the dates and percentages of 
 apportionment of state aids; 

    (4) Consistent with the definition of "average daily 
 membership" in section 124.17, subdivision 2, furnish the board 
 of a district implementing a flexible learning year program with 
 a formula for computing average daily membership.  This formula 
 shall be computed so that tax levies to be made by the district, 
 state aids to be received by the district, and any and all other 
 formulas based upon average daily membership are not affected 
 solely as a result of adopting this plan of instruction. 

    Subd. 2.  Sections 120.59 to 120.67 shall not be construed 
 to authorize the state board to require the establishment of a 
 flexible learning year program in any district in which the 
 board has not voted to establish, maintain, and operate such a 
 program. 

    HIST: 1974 c 326 s 9; 1978 c 706 s 3; 1991 c 265 art 9 s 11 

     120.67 Termination of program. 

    The board of any district, with the approval of the state 
 board of education, may terminate a flexible learning year 
 program in one or more of the day or residential facilities for 
 children with a disability within the district.  This section 
 shall not be construed to permit an exception to section 120.101 
 or 124.19. 

    HIST: 1974 c 326 s 10; 1989 c 209 art 2 s 1; 1991 c 265 art 3 
 s 38; art 9 s 12 

  120.68 Repealed, 1Sp1985 c 12 art 7 s 33 

     120.71 Minnesota public school fee law, citation. 

    Sections 120.71 to 120.76 may be cited as "the Minnesota 
 public school fee law." 

    HIST: 1974 c 561 s 1 

     120.72 General policy.  

    It is the policy of the state of Minnesota that public 
 school education shall be free and no pupil shall be denied an 
 education because of economic inability to furnish educational 
 books and supplies necessary to complete educational 
 requirements necessary for graduation.  Any practice leading to 
 suspension, coercion, exclusion, withholding of grades or 
 diplomas, or discriminatory action based upon nonpayment of fees 
 denies pupils their right to equal protection and entitled 
 privileges.  It is recognized that school boards do have the 
 right to accept voluntary contributions and to make certain 
 charges and to establish fees in areas considered extra 
 curricular, noncurricular or supplementary to the requirements 
 for the successful completion of a class or educational 
 program.  No public school board may require, except as 
 authorized by sections 120.73 and 120.75, the payment of fees. 

    HIST: 1974 c 561 s 2 

     120.73 Authorized fees. 

    Subdivision 1.  A school board is authorized to require 
 payment of fees in the following areas: 

    (a) in any program where the resultant product, in excess 
 of minimum requirements and at the pupil's option, becomes the 
 personal property of the pupil; 

    (b) admission fees or charges for extra curricular 
 activities, where attendance is optional; 

    (c) a security deposit for the return of materials, 
 supplies, or equipment; 

    (d) personal physical education and athletic equipment and 
 apparel, although any pupil may personally provide it if it 
 meets reasonable requirements and standards relating to health 
 and safety established by the school board; 

    (e) items of personal use or products which a student has 
 an option to purchase such as student publications, class rings, 
 annuals, and graduation announcements; 

    (f) fees specifically permitted by any other statute, 
 including but not limited to section 171.04, subdivision 1, 
 clause (1); 

    (g) field trips considered supplementary to a district 
 educational program; 

    (h) any authorized voluntary student health and accident 
 benefit plan; 

    (i) for the use of musical instruments owned or rented by 
 the district, a reasonable rental fee not to exceed either the 
 rental cost to the district or the annual depreciation plus the 
 actual annual maintenance cost for each instrument; 

    (j) transportation of pupils to and from extra curricular 
 activities conducted at locations other than school, where 
 attendance is optional; 

    (k) transportation of pupils to and from school for which 
 aid for fiscal year 1996 is not authorized under Minnesota 
 Statutes 1994, section 124.223, subdivision 1, and for which 
 levy for fiscal year 1996 is not authorized under Minnesota 
 Statutes 1994, section 124.226, subdivision 5, if a district 
 charging fees for transportation of pupils establishes 
 guidelines for that transportation to ensure that no pupil is 
 denied transportation solely because of inability to pay; 

    (l) motorcycle classroom education courses conducted 
 outside of regular school hours; provided the charge shall not 
 exceed the actual cost of these courses to the school district; 

    (m) transportation to and from post-secondary institutions 
 for pupils enrolled under the post-secondary enrollment options 
 program under section 123.39, subdivision 16.  Fees collected 
 for this service must be reasonable and shall be used to reduce 
 the cost of operating the route.  Families who qualify for 
 mileage reimbursement under section 123.3514, subdivision 8, may 
 use their state mileage reimbursement to pay this fee.  If no 
 fee is charged, districts shall allocate costs based on the 
 number of pupils riding the route. 

    Subd. 2.  Students may be required to furnish personal or 
 consumable items including pencils, paper, pens, erasers and 
 notebooks. 

    Subd. 2a.  Students may be required to furnish their own 
 transportation to and from an instructional community-based 
 employment station which is part of an approved occupational 
 experience secondary vocational program.  As an alternative, a 
 school board may require the payment of reasonable fees for 
 transportation to and from these instructional community-based 
 employment stations. This subdivision shall only be applied to 
 students who receive remuneration for their participation in 
 these programs. 

    Subd. 2b.    School uniforms.  Notwithstanding section 
 120.74, a school board may require students to furnish or 
 purchase clothing that constitutes a school uniform if the board 
 has adopted a uniform requirement or program for the student's 
 school.  In adopting a uniform requirement, the board shall 
 promote student, staff, parent, and community involvement in the 
 program and account for the financial ability of students to 
 purchase uniforms. 

    Subd. 3.  Sections 120.71 to 120.76 shall not preclude the 
 operation of a school store wherein pupils may purchase school 
 supplies and materials. 

    Subd. 4.  A school board may waive any such deposit or fee 
 if any pupil or the pupil's parent or guardian is unable to pay 
 it. 

    HIST: 1974 c 561 s 3; 1976 c 271 s 19; 1978 c 764 s 7; 1986 c 
 444; 1988 c 718 art 2 s 1; 1990 c 562 art 2 s 1; 1991 c 130 s 
 37; 1992 c 499 art 12 s 29; 1993 c 224 art 2 s 2; 1995 c 226 art 
 3 s 5; 1996 c 412 art 2 s 4 

     120.74 Prohibited fees. 

    Subdivision 1.  (a) A school board is not authorized to 
 charge fees in the following areas: 

    (1) textbooks, workbooks, art materials, laboratory 
 supplies, towels; 

    (2) supplies necessary for participation in any 
 instructional course except as authorized in sections 120.73 and 
 120.75; 

    (3) field trips which are required as a part of a basic 
 education program or course; 

    (4) graduation caps, gowns, any specific form of dress 
 necessary for any educational program, and diplomas; 

    (5) instructional costs for necessary school personnel 
 employed in any course or educational program required for 
 graduation; 

    (6) library books required to be utilized for any 
 educational course or program; 

    (7) admission fees, dues, or fees for any activity the 
 pupil is required to attend; 

    (8) any admission or examination cost for any required 
 educational course or program; 

    (9) locker rentals; 

    (10) transportation of pupils (i) for which state 
 transportation aid for fiscal year 1996 is authorized pursuant 
 to Minnesota Statutes 1994, section 124.223, or (ii) for which a 
 levy for fiscal year 1996 is authorized under Minnesota Statutes 
 1994, section 124.226, subdivision 5. 

    (b) Notwithstanding paragraph (a), clauses (1) and (6), a 
 school board may charge fees for textbooks, workbooks, and 
 library books, lost or destroyed by students.  The board must 
 annually notify parents or guardians and students about its 
 policy to charge a fee under this paragraph. 

    Subd. 2.  No pupil's rights or privileges, including the 
 receipt of grades or diplomas may be denied or abridged for 
 nonpayment of fees; but this provision shall not prohibit a 
 school district from maintaining any action provided by law for 
 the collection of such fees authorized by sections 120.73 and 
 120.75. 

    HIST: 1974 c 561 s 4; 1976 c 271 s 20; 1988 c 718 art 2 s 2; 
 1991 c 130 s 37; 1992 c 499 art 12 s 29; 1Sp1995 c 3 art 9 s 5; 
 1996 c 412 art 2 s 5 

     120.75 Hearing. 

    Subdivision 1.  Prior to the initiation of any fee not 
 authorized or prohibited by sections 120.73 and 120.74, the 
 local school board shall hold a public hearing within the 
 district upon three weeks published notice in the district's 
 official newspaper, or such notice as is otherwise required for 
 a regular school board meeting given three weeks prior to the 
 hearing on the proposed adoption of the policy. 

    Subd. 2. Repealed, 1993 c 224 art 12 s 32; 1993 c 374 s 22 

    HIST: 1974 c 561 s 5; 1982 c 424 s 130; 1985 c 248 s 70; 1987 
 c 384 art 2 s 1; 1990 c 422 s 10; 1993 c 224 art 13 s 3; 1994 c 
 465 art 3 s 64; 1Sp1995 c 3 art 9 s 6 

     120.76 Post-secondary instructional programs.  

    Sections 120.71 to 120.76 shall not be construed to 
 prohibit a school board from charging reasonable fees for goods 
 and services provided in connection with any post-secondary 
 instructional program, including but not limited to vocational 
 technical, veteran farmer cooperative training, and community 
 education programs, and continuing education and evening school 
 programs other than those conducted pursuant to section 124.26.  

    HIST: 1974 c 561 s 6; 1975 c 432 s 11; 1980 c 609 art 4 s 22 

  120.77 Repealed, 1989 c 329 art 9 s 34 

    120.78 Subdivision 1.  MS 1981 SUPP Repealed, 1982 
 c 563 s 17 

    Subd. 2.  MS 1980 Repealed, 1981 c 358 art 7 s 31 

     120.80 Early graduation. 

    Subdivision 1.  Notwithstanding any law to the contrary, 
 any secondary school student who has completed all required 
 courses may, with the approval of the student, the student's 
 parent or guardian, and local school officials, graduate prior 
 to the completion of the school year.  General education revenue 
 attributable to the student must be paid as though the student 
 was in attendance for the entire year. 

    Subd. 2. Repealed, 1993 c 224 art 12 s 32; 1993 c 374 s 22 

    HIST: 1974 c 521 s 7; 1975 c 432 s 12; 1979 c 334 art 1 s 1; 
 1983 c 216 art 1 s 24; 1983 c 314 art 1 s 22; 1985 c 248 s 70; 
 1986 c 444; 1988 c 486 s 7 

  120.801 Repealed, 1984 c 619 s 17 

  120.802 Repealed, 1984 c 619 s 17 

  120.803 Repealed, 1984 c 619 s 17 

  120.804 Repealed, 1984 c 619 s 17 

  120.805 Repealed, 1984 c 619 s 17 

  120.806 Repealed, 1984 c 619 s 17 

  120.81 Repealed, 1984 c 619 s 17 

  120.82 Repealed, 1983 c 258 s 72 

  120.83 Repealed, 1984 c 619 s 17 

  120.84 MS 1990 Renumbered 124.078 

  120.85 MS 1990 Renumbered 124.079 

     120.90 Products from council on quality education money. 

    Subdivision 1.    Copyright, sale, labels.  Products of 
 projects and programs developed with a grant or loan from the 
 council on quality education, including curriculum and 
 instructional materials, computer and telecommunications 
 software, and associated manuals and reports, may be copyrighted 
 by the department in the name of the state and may be sold.  The 
 state shall sell the products at prices that do not exceed the 
 cost of reproduction and distribution.  Products sold shall be 
 clearly labeled as products developed pursuant to a grant or 
 loan from the council on quality education.  

    Subd. 2. Repealed, 1991 c 265 art 8 s 20 

    HIST: 1983 c 314 art 9 s 6; 1984 c 463 art 7 s 18,19; 1987 c 
 398 art 8 s 31,32; 1Sp1987 c 4 art 1 s 4,11; 1991 c 130 s 37