1997 Minnesota Statutes

     124.32 Children with a disability. 

    Subdivision 1. Repealed, 1983 c 314 art 3 s 18 

    Subd. 1a. Repealed, 1984 c 463 art 3 s 2 

    Subd. 1b. Repealed, 1Sp1995 c 3 art 15 s 27 

    Subd. 1c. Repealed, 1Sp1995 c 3 art 15 s 27 

    Subd. 1d. Repealed, 1Sp1995 c 3 art 15 s 27 

    Subd. 1e. Repealed, 1984 c 463 art 3 s 2 

    Subd. 1f. Repealed, 1Sp1995 c 3 art 15 s 27 

    Subd. 2. Repealed, 1Sp1995 c 3 art 15 s 27 

    Subd. 2a. Repealed, 1984 c 463 art 3 s 2 

    Subd. 2b.    Travel aid.  The state shall pay each 
 district one-half of the sum actually expended by a district for 
 necessary travel of essential personnel providing home-based 
 services to children with a disability under age five and their 
 families. 

    Subd. 3.  Repealed, 1973 c 683 s 30 

    Subd. 3a. Repealed, 1Sp1995 c 3 art 15 s 27 

    Subd. 4.  The aids provided for children with a disability 
 shall be paid to the district providing the special instruction 
 and services.  General education aid shall be paid to the 
 district of the pupil's residence.  The total amount of aid paid 
 may not exceed the amount expended for children with a 
 disability in the year for which the aid is paid. 

    Subd. 5. Repealed, 1993 c 224 art 3 s 40; 1993 c 374 s 
 10 

    Subd. 5a. Repealed, 1984 c 463 art 3 s 2 

    Subd. 6.    Full state payment.  The state shall pay 
 each district the actual cost incurred in providing instruction 
 and services for a child with a disability whose district of 
 residence has been determined by section 120.17, subdivision 8a, 
 and who is temporarily placed in a state institution or a 
 licensed residential facility for care and treatment.  This 
 section does not apply to a child placed in a foster home or a 
 foster group home. 

    Upon following the procedure specified by the commissioner 
 of children, families, and learning, the district may bill the 
 state the actual cost incurred in providing the services 
 including transportation costs and a proportionate amount of 
 capital expenditures and debt service, minus the amount of the 
 basic revenue, as defined in section 124A.22, subdivision 2, of 
 the district for the child and the special education aid, 
 transportation aid, and any other aid earned on behalf of the 
 child.  The limit set forth in subdivision 4 shall apply to aid 
 paid pursuant to this subdivision.  

    To the extent possible, the commissioner shall obtain 
 reimbursement from another state for the cost of serving any 
 child whose parent or guardian resides in that state.  The 
 commissioner may contract with the appropriate authorities of 
 other states to effect reimbursement.  All money received from 
 other states shall be paid to the state treasury and placed in 
 the general fund.  

    Subd. 7.    Program and aid approval.  Before June 1 of 
 each year, each district providing special instruction and 
 services to children with a disability shall submit to the 
 commissioner an application for approval of these programs and 
 their budgets for the next fiscal year.  The application shall 
 include an enumeration of the costs proposed as eligible for 
 state aid pursuant to this section and of the estimated number 
 and grade level of children with a disability in the district 
 who will receive special instruction and services during the 
 regular school year and in summer school programs during the 
 next fiscal year.  The application shall also include any other 
 information deemed necessary by the commissioner for the 
 calculation of state aid and for the evaluation of the necessity 
 of the program, the necessity of the personnel to be employed in 
 the program, for determining the amount which the program will 
 receive from grants from federal funds, or special grants from 
 other state sources, and the program's compliance with the rules 
 and standards of the state board.  The commissioner shall review 
 each application to determine whether the program and the 
 personnel to be employed in the program are actually necessary 
 and essential to meet the district's obligation to provide 
 special instruction and services to children with a disability 
 pursuant to sections 120.17 and 120.1701.  The commissioner 
 shall not approve aid pursuant to this section for any program 
 or for the salary of any personnel determined to be unnecessary 
 or unessential on the basis of this review.  The commissioner 
 may withhold all or any portion of the aid for programs which 
 receive grants from federal funds, or special grants from other 
 state sources.  By August 31 the commissioner shall approve, 
 disapprove or modify each application, and notify each applying 
 district of the action and of the estimated amount of aid for 
 the programs.  The commissioner shall provide procedures for 
 districts to submit additional applications for program and 
 budget approval during the fiscal year, for programs needed to 
 meet any substantial changes in the needs of children with a 
 disability in the district.  Notwithstanding the provisions of 
 section 124.15, the commissioner may modify or withdraw the 
 program or aid approval and withhold aid pursuant to this 
 section without proceeding according to section 124.15 at any 
 time the commissioner determines that the program does not 
 comply with rules of the state board or that any facts 
 concerning the program or its budget differ from the facts in 
 the district's approved application. 

    Subd. 8.  When planning programs for the education of 
 children with a disability in the regular classroom, school 
 districts are encouraged to consider the size of the regular 
 class and to provide the support services necessary to insure 
 successful mainstreaming. 

    Subd. 9. Repealed, 1983 c 314 art 3 s 18 

    Subd. 9a. Repealed, 1Sp1985 c 12 art 3 s 30 

    Subd. 10.    Summer school.  By March 15 of each year, 
 districts shall submit separate applications for program and 
 budget approval for summer school programs.  The review of these 
 applications shall be as provided in subdivision 7.  By May 1 of 
 each year, the commissioner shall approve, disapprove or modify 
 the applications and notify the districts of the action and of 
 the estimated amount of aid for the summer school programs.  

    Subd. 11.  Expired 

    Subd. 12.    Allocation from cooperative centers, service 
 cooperatives, education districts, and intermediate districts. 
  For purposes of this section, a special education 
 cooperative, service cooperative, education district, or an 
 intermediate district shall allocate its approved expenditures 
 for special education programs among participating school 
 districts.  Special education aid for services provided by a 
 cooperative, service cooperative, education district, or 
 intermediate district shall be paid to the participating school 
 districts. 

    HIST: Ex1959 c 71 art 5 s 32; 1961 c 559 s 1; 1965 c 870 s 1; 
 1967 c 853 s 1; 1969 c 913 s 1; 1969 c 981 s 6; 1971 c 25 s 33; 
 1973 c 501 s 3; 1973 c 683 s 14-16; 1975 c 162 s 41; 1975 c 432 
 s 48-50; 1976 c 271 s 52; 1977 c 447 art 3 s 9; 1978 c 764 s 
 58-62; 1979 c 334 art 3 s 6-10; 1981 c 358 art 3 s 11-17; 
 1Sp1981 c 2 s 10,11; 1982 c 548 art 3 s 12-21; 1983 c 314 art 1 
 s 22; art 3 s 9-11; 1Sp1985 c 12 art 3 s 11-17; 1Sp1986 c 1 art 
 9 s 14; 1Sp1986 c 3 art 1 s 17; 1987 c 384 art 2 s 33; 1987 c 
 398 art 3 s 18-21; 1988 c 486 s 41-45; 1989 c 329 art 3 s 7; 
 1991 c 265 art 3 s 7,8,38; 1993 c 224 art 3 s 13-16; 1994 c 647 
 art 13 s 10; 1Sp1995 c 3 art 15 s 7-9; art 16 s 13