2006 Minnesota Statutes

125A.51 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 commissioner, and who is temporarily placed for care and treatment for that
illness or disability, must be determined as provided in this section.
(a) The school district of residence of the pupil is the district in which the pupil's parent
or guardian resides.
(b) When parental rights have been terminated by court order, the legal residence of a child
placed in a residential or foster facility for care and treatment is the district in which the child
resides.
(c) Before the placement of a pupil for care and treatment, the district of residence must 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, must notify the district of residence of the emergency placement within
15 days of the placement.
(d) 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 must provide instruction and necessary transportation to and
from the treatment facility for the pupil. Transportation shall only be provided by the district
during regular operating hours of the district. 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.
(e) 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 must 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 must 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.
(f) Notwithstanding paragraph (e), if the pupil is homeless and placed in a public or private
homeless shelter, then the district that enrolls the pupil under section 127A.47, subdivision 2,
shall provide the transportation, unless the district that enrolls the pupil and the district in which
the pupil is temporarily placed agree that the district in which the pupil is temporarily placed shall
provide transportation. 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 must
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. For purposes of this section, the state correctional facilities operated on a
fee-for-service basis are considered to be residential programs for care and treatment.
(g) The district of residence must include the pupil in its residence count of pupil units
and pay tuition as provided in section 123A.488 to the district providing the instruction.
Transportation costs must be paid by the district providing the transportation and the state must
pay transportation aid to that district. For purposes of computing state transportation aid, pupils
governed by this subdivision must be included in the disabled transportation category if the pupils
cannot be transported on a regular school bus route without special accommodations.
History: 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; 1998 c 397 art 2 s
65,164; art 11 s 3; 1998 c 398 art 2 s 21; art 5 s 55; 1999 c 241 art 2 s 18; 2000 c 489 art 3 s
10; 1Sp2005 c 5 art 1 s 13