2005 Minnesota Statutes

     125A.11 Special instructions for nonresident children. 

    Subdivision 1.    Nonresident tuition rate; other costs. 
  (a) For fiscal year 2006, 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, excluding a pupil for whom tuition 
 is calculated according to section 127A.47, subdivision 7, 
 paragraph (d), must be the sum of (1) the actual cost of 
 providing special instruction and services to the child 
 including a proportionate amount for special transportation and 
 unreimbursed building lease and debt service costs for 
 facilities used primarily for special education, plus (2) the 
 amount of general education revenue and referendum aid 
 attributable to the pupil, minus (3) the amount of special 
 education aid for children with a disability received on behalf 
 of that child, minus (4) if the pupil receives special 
 instruction and services outside the regular classroom for more 
 than 60 percent of the school day, the amount of general 
 education revenue and referendum aid, excluding portions 
 attributable to district and school administration, district 
 support services, operations and maintenance, capital 
 expenditures, and pupil transportation, attributable to that 
 pupil for the portion of time the pupil receives instruction in 
 the regular classroom.  If the boards involved do not agree upon 
 the tuition rate, either board may apply to the commissioner to 
 fix the rate.  Notwithstanding chapter 14, the commissioner must 
 then set a date for a hearing or request a written statement 
 from each board, giving each board at least ten days' notice, 
 and after the hearing or review of the written statements the 
 commissioner must make an order fixing the tuition rate, which 
 is binding on both school districts.  General education revenue 
 and referendum aid attributable to a pupil must be calculated 
 using the resident district's average general education and 
 referendum revenue per adjusted pupil unit. 

    (b) For fiscal year 2007 and later, when a school district 
 provides special instruction and services for a pupil with a 
 disability as defined in section 125A.02 outside the district of 
 residence, excluding a pupil for whom an adjustment to special 
 education aid is calculated according to section 127A.47, 
 subdivision 7, paragraph (e), special education aid paid to the 
 resident district must be reduced by an amount equal to (1) the 
 actual cost of providing special instruction and services to the 
 pupil, including a proportionate amount for special 
 transportation and unreimbursed building lease and debt service 
 costs for facilities used primarily for special education, plus 
 (2) the amount of general education revenue and referendum aid 
 attributable to that pupil, minus (3) the amount of special 
 education aid for children with a disability received on behalf 
 of that child, minus (4) if the pupil receives special 
 instruction and services outside the regular classroom for more 
 than 60 percent of the school day, the amount of general 
 education revenue and referendum aid, excluding portions 
 attributable to district and school administration, district 
 support services, operations and maintenance, capital 
 expenditures, and pupil transportation, attributable to that 
 pupil for the portion of time the pupil receives instruction in 
 the regular classroom.  General education revenue and referendum 
 aid attributable to a pupil must be calculated using the 
 resident district's average general education revenue and 
 referendum aid per adjusted pupil unit.  Special education aid 
 paid to the district or cooperative providing special 
 instruction and services for the pupil must be increased by the 
 amount of the reduction in the aid paid to the resident 
 district.  Amounts paid to cooperatives under this subdivision 
 and section 127A.47, subdivision 7, shall be recognized and 
 reported as revenues and expenditures on the resident school 
 district's books of account under sections 123B.75 and 123B.76.  
 If the resident district's special education aid is insufficient 
 to make the full adjustment, the remaining adjustment shall be 
 made to other state aid due to the district. 

    (c) Notwithstanding paragraphs (a) and (b) and section 
 127A.47, subdivision 7, paragraphs (d) and (e), a charter school 
 where more than 30 percent of enrolled students receive special 
 education and related services, an intermediate district, or a 
 special education cooperative may apply to the commissioner for 
 authority to charge the resident district an additional amount 
 to recover any remaining unreimbursed costs of serving pupils 
 with a disability.  The application must include a description 
 of the costs and the calculations used to determine the 
 unreimbursed portion to be charged to the resident district.  
 Amounts approved by the commissioner under this paragraph must 
 be included in the tuition billings or aid adjustments under 
 paragraph (a) or (b), or section 127A.47, subdivision 7, 
 paragraph (d) or (e), as applicable. 

    Subd. 2.    Nonresident transportation.  When a district 
 provides instruction and services in a day program outside the 
 district of residence, the district of residence is 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 
 is 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.  

    Subd. 3.    Agreement between districts to provide special 
 instruction and services.  For the purposes of this section, 
 any school district may enter into an agreement, upon mutually 
 agreed upon terms and conditions, 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 must 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.  

    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; 1998 c 397 art 2 s 29,164; art 11 s 3; 
 1Sp2001 c 6 art 3 s 9; 1Sp2005 c 5 art 3 s 7