2006 Minnesota Statutes

125A.65 ATTENDANCE AT ACADEMIES FOR THE DEAF AND BLIND.
    Subdivision 1. Responsibility allocated. Responsibility for special instruction and services
for a blind/visually impaired or deaf/hard of hearing child attending the Minnesota State Academy
for the Deaf or the Minnesota State Academy for the Blind must be determined in subdivisions 2
to 10.
    Subd. 2. Child's legal residence. The legal residence of the child is the district in which the
child's parent or guardian resides.
    Subd. 3. Educational program; tuition. (a) When it is determined pursuant to section
125A.69, subdivision 1 or 2, that the child is entitled to attend either school, the board of the
Minnesota State Academies must provide the appropriate educational program for the child.
(b) For fiscal year 2006, the board of the Minnesota State Academies must make a tuition
charge to the child's district of residence for the cost of providing the program. The amount of
tuition charged must not exceed the sum of (1) the general education revenue formula allowance
times the pupil unit weighting factor pursuant to section 126C.05 for that child, for the amount
of time the child is in the program, plus (2), if the child was enrolled at the Minnesota State
Academies on October 1 of the previous fiscal year, the compensatory education revenue
attributable to that child under section 126C.10, subdivision 3. The district of the child's residence
must pay the tuition and may claim general education aid for the child. Tuition received by
the board of the Minnesota State Academies, except for tuition for compensatory education
revenue under this paragraph and tuition received under subdivision 4, must be deposited in the
state treasury as provided in subdivision 8.
(c) For fiscal year 2007 and later, the district of the child's residence shall claim general
education revenue for the child, except as provided in this paragraph. Notwithstanding section
127A.47, subdivision 1, an amount equal to the general education revenue formula allowance
times the pupil unit weighting factor pursuant to section 126C.05 for that child for the amount of
time the child is in the program, as adjusted according to subdivision 8, paragraph (d), must be paid
to the Minnesota State Academies. Notwithstanding section 126C.15, subdivision 2, paragraph
(d), the compensatory education revenue under section 126C.10, subdivision 3, attributable to
children enrolled at the Minnesota State Academies on October 1 of the previous fiscal year
must be paid to the Minnesota State Academies. General education aid paid to the Minnesota
State Academies under this paragraph must be credited to their general operation account. Other
general education aid attributable to the child must be paid to the district of the child's residence.
    Subd. 4. Unreimbursed costs. (a) For fiscal year 2006, in addition to the tuition charge
allowed in subdivision 3, the academies may charge the child's district of residence for the
academy's unreimbursed cost of providing an instructional aide assigned to that child, after
deducting the special education aid under section 125A.76, attributable to the child, if that aide is
required by the child's individual education plan. Tuition received under this paragraph must be
used by the academies to provide the required service.
(b) For fiscal year 2007 and later, the special education aid paid to the academies shall be
increased by the academy's unreimbursed cost of providing an instructional aide assigned to a
child, after deducting the special education aid under section 125A.76 attributable to the child, if
that aide is required by the child's individual education plan. Aid received under this paragraph
must be used by the academies to provide the required service.
(c) For fiscal year 2007 and later, the special education aid paid to the district of the child's
residence shall be reduced by the amount paid to the academies for district residents under
paragraph (b).
(d) Notwithstanding section 127A.45, subdivision 3, beginning in fiscal year 2008, the
commissioner shall make an estimated final adjustment payment to the Minnesota State
Academies for general education aid and special education aid for the prior fiscal year by August
15.
    Subd. 5. Providing appropriate educational programs. When it is determined that the
child can benefit from public school enrollment but that the child should also remain in attendance
at the applicable school, the district where the institution is located must provide an appropriate
educational program for the child and must make a tuition charge to the board of the Minnesota
State Academies for the actual cost of providing the program, less any amount of aid received
pursuant to section 125A.75. The board of the Minnesota State Academies must pay the tuition
and other program costs including the unreimbursed transportation costs. Aids for children with a
disability must be paid to the district providing the special instruction and services. Special
transportation must be provided by the district providing the educational program and the state
must reimburse that district within the limits provided by law.
    Subd. 6. Tuition reduction. Notwithstanding the provisions of subdivisions 3 and 5, the
board of the Minnesota State Academies may agree to make a tuition charge, or receive an aid
adjustment, as applicable, for less than the amount specified in subdivision 3 for pupils attending
the applicable school who are residents of the district where the institution is located and who
do not board at the institution, if that district agrees to make a tuition charge to the board of the
Minnesota State Academies for less than the amount specified in subdivision 5 for providing
appropriate educational programs to pupils attending the applicable school.
    Subd. 7. Staff allocation. Notwithstanding the provisions of subdivisions 3 and 5, the board
of the Minnesota State Academies may agree to supply staff from the Minnesota State Academy
for the Deaf and the Minnesota State Academy for the Blind to participate in the programs
provided by the district where the institutions are located when the programs are provided to
students in attendance at the state schools.
    Subd. 8. Student count; tuition. (a) On May 1, 1996, and each year thereafter, the board
of the Minnesota State Academies shall count the actual number of Minnesota resident special
education eligible students enrolled and receiving education services at the Minnesota State
Academy for the Deaf and the Minnesota State Academy for the Blind.
(b) For fiscal year 2006, the board of the Minnesota State Academies shall deposit in the state
treasury an amount equal to all tuition received for the basic revenue according to subdivision 3,
less the amount calculated in paragraph (c).
(c) For fiscal year 2006, the Minnesota State Academies shall credit to their general
operation account an amount equal to the tuition received which represents tuition earned for the
total number of students over 175 based on:
(1) the total number of enrolled students on May 1 less 175; times
(2) the ratio of the number of students in that grade category to the total number of students
on May 1; times
(3) the general education revenue formula allowance; times
(4) the pupil unit weighting factor pursuant to section 126C.05.
(d) For fiscal year 2007 and later, the Minnesota State Academies shall report to the
department the number of students by grade level counted according to paragraph (a). The amount
paid to the Minnesota State Academies under subdivision 3, paragraph (c), must be reduced by
an amount equal to:
(1) the ratio of 175 to the total number of students on May 1; times
(2) the total basic revenue determined according to subdivision 3, paragraph (c).
    Subd. 9. Calculation. The sum provided by the calculation in subdivision 8 must be
deposited in the state treasury and credited to the general operation account of the Minnesota State
Academy for the Deaf and the Minnesota State Academy for the Blind.
    Subd. 10. Annual appropriation. There is annually appropriated to the department for the
Minnesota State Academies the tuition or aid payment amounts received and credited to the
general operation account of the academies under this section. A balance in an appropriation
under this paragraph does not cancel but is available in successive fiscal years.
History: 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 35,164; art 11 s 3; 1998 c
398 art 6 s 1; 1999 c 241 art 2 s 22-27; 2002 c 374 art 4 s 2-5; 2006 c 263 art 5 s 1-5