1999 Minnesota Statutes

     124D.05 Attending school in another state; severance pay.

    Subdivision 1.    Attending school in another state.  
 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, if the secondary 
 school is nearer to the place of residence than any established 
 secondary school in Minnesota, the distances being measured by 
 the usual traveled routes.  Any tuition charged by the district 
 so attended must be paid to the district attended by the 
 district in which the person resides.  This tuition must not be 
 more than (a) the 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 123A.488, 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.    Tuition.  A 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 district in 
 an adjoining state.  Any charge for tuition or transportation by 
 the district in the adjoining state must be paid by the resident 
 district.  The pupil must be considered a pupil of the resident 
 district for the purposes of state aid. 

    Subd. 3.    Severance pay.  A district must 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 122A.40, 
 subdivision 1, but not a superintendent; 

    (2) has a continuing contract with the district according 
 to section 122A.40, subdivision 7. 

    The amount of severance pay must 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 district 
 that placed the teacher on unrequested leave of absence, another 
 district in Minnesota, an education district, an intermediate 
 school district, a service cooperative, a board formed under 
 section 471.59, a state residential academy, the Perpich center 
 for arts education, a vocational center, or a special education 
 cooperative.  These entities do not include a 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 must 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 must 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 122A.40, 
 subdivision 10 or 11.  If the teacher receives severance pay, 
 the teacher must 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 126C.43 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; 1998 c 397 art 1 
 s 28,58; art 11 s 3; 1999 c 241 art 10 s 8