1997 Minnesota Statutes

     124A.036 Payments to resident and nonresident districts. 

    Subdivision 1.    Aid to district of residence.  General 
 education aid shall be paid to the district of residence unless 
 otherwise specifically provided by law.  

    Subd. 1a.    Reporting; revenue for homeless.  For all 
 school purposes, unless otherwise specifically provided by law, 
 a homeless pupil must be considered a resident of the school 
 district that enrolls the pupil. 

    Subd. 2.    District without schools.  Except as 
 otherwise provided in law, any district not maintaining 
 classified elementary or secondary schools shall pay the tuition 
 required in order to enable resident pupils to attend school in 
 another district when necessary, and shall receive general 
 education aid on the same basis as other districts.  The aid 
 shall be computed as if the pupils were enrolled in the district 
 of residence.  

    Subd. 3.    Notification of resident district.  A 
 district educating a pupil who is a resident of another district 
 shall notify the district of residence within 60 days of the 
 date the pupil is determined by the district to be a 
 nonresident, but not later than August 1 following the end of 
 the school year in which the pupil is educated.  If the district 
 of residence does not receive a notification from the providing 
 district pursuant to this subdivision, it shall not be liable to 
 that district for any tuition billing received after August 1 of 
 the next school year.  

    Subd. 4.    State agency and court placements.  If a 
 state agency or a court of the state desires to place a child in 
 a school district which is not the child's district of 
 residence, that agency or court shall, prior to placement, allow 
 the district of residence an opportunity to participate in the 
 placement decision and notify the district of residence, the 
 district of attendance and the commissioner of children, 
 families, and learning of the placement decision.  When a state 
 agency or court determines that an immediate emergency placement 
 is necessary and that time does not permit district 
 participation in the placement decision or notice to the 
 districts and the commissioner of children, families, and 
 learning of the placement decision prior to the placement, the 
 agency or court may make the decision and placement without that 
 participation or prior notice.  The agency or court shall notify 
 the district of residence, the district of attendance and the 
 commissioner of children, families, and learning of an emergency 
 placement within 15 days of the placement.  

    Subd. 5.    Alternative attendance programs.  The 
 general education aid for districts must be adjusted for each 
 pupil attending a nonresident district under sections 120.062, 
 120.075, 120.0751, 120.0752, 124C.45 to 124C.48, and 126.22.  
 The adjustments must be made according to this subdivision. 

    (a) General education aid paid to a resident district must 
 be reduced by an amount equal to the general education revenue 
 exclusive of compensatory revenue attributable to the pupil in 
 the resident district. 

    (b) General education aid paid to a district serving a 
 pupil in programs listed in this subdivision shall be increased 
 by an amount equal to the general education revenue exclusive of 
 compensatory revenue attributable to the pupil in the 
 nonresident district.  

    (c) If the amount of the reduction to be made from the 
 general education aid of the resident district is greater than 
 the amount of general education aid otherwise due the district, 
 the excess reduction must be made from other state aids due the 
 district. 

    (d) The district of residence shall pay tuition to a 
 district or an area learning center, operated according to 
 paragraph (e), providing special instruction and services to a 
 pupil with a disability, as defined in section 120.03, or a 
 pupil, as defined in section 120.181, who is enrolled in a 
 program listed in this subdivision.  The tuition shall be equal 
 to (1) the actual cost of providing special instruction and 
 services to the pupil, including a proportionate amount for debt 
 service and for capital expenditure facilities and equipment, 
 and debt service but not including any amount for 
 transportation, minus (2) the amount of general education aid 
 and special education aid, attributable to that pupil, that is 
 received by the district providing special instruction and 
 services. 

    (e) An area learning center operated by a service 
 cooperative, intermediate district, education district, or a 
 joint powers cooperative may elect through the action of the 
 constituent boards to charge tuition for pupils rather than to 
 calculate general education aid adjustments under paragraph (a), 
 (b), or (c).  The tuition must be equal to the greater of the 
 average general education revenue per pupil unit attributable to 
 the pupil, or the actual cost of providing the instruction, 
 excluding transportation costs, if the pupil meets the 
 requirements of section 120.03 or 120.181. 

    Subd. 6.    Charter schools.  (a) The general education 
 aid for districts must be adjusted for each pupil attending a 
 charter school under section 120.064.  The adjustments must be 
 made according to this subdivision. 

    (b) General education aid paid to a resident district must 
 be reduced by an amount equal to the general education revenue 
 exclusive of compensatory revenue. 

    (c) General education aid paid to a district in which a 
 charter school not providing transportation according to section 
 120.064, subdivision 15, is located shall be increased by an 
 amount equal to the product of:  (1) the sum of $170, plus the 
 transportation sparsity allowance for the district, plus the 
 transportation transition allowance for the district; times (2) 
 the pupil units attributable to the pupil.  

    (d) If the amount of the reduction to be made from the 
 general education aid of the resident district is greater than 
 the amount of general education aid otherwise due the district, 
 the excess reduction must be made from other state aids due the 
 district. 

    HIST: 1981 c 358 art 1 s 28; 1982 c 548 art 1 s 11; 1983 c 314 
 art 1 s 22; 1987 c 398 art 8 s 10; 1988 c 486 s 56,57; 1988 c 
 718 art 7 s 32,33; 1989 c 329 art 7 s 5; 1990 c 562 art 3 s 7; 
 1991 c 130 s 21; 1991 c 199 art 2 s 12; 1991 c 265 art 3 s 38; 
 1993 c 224 art 3 s 29; 1Sp1995 c 3 art 16 s 13; 1996 c 305 art 1 
 s 138; 1996 c 412 art 1 s 22; 1997 c 7 art 1 s 65