124D.04 OPTIONS FOR ENROLLING IN ADJOINING STATES.
Subdivision 1. Options for enrollment in adjoining states.
Minnesota pupils and pupils
residing in adjoining states may enroll in districts in the other state according to:
124D.05, subdivision 2
(2) this section.
Subd. 2. Pupils in Minnesota.
A Minnesota resident pupil may enroll in a district in an
adjoining state if the district to be attended borders Minnesota.
Subd. 3. Pupils in adjoining states.
A non-Minnesota pupil who resides in an adjoining
state in a district that borders Minnesota may enroll in a Minnesota district if either the board
of the district in which the pupil resides or state in which the pupil resides pays tuition to the
district in which the pupil is enrolled.
Subd. 4. Canadian pupils.
A pupil who resides in Canada may enroll in a Minnesota
district if the province in which the pupil resides pays tuition to the district in which the pupil is
enrolled. A pupil may enroll either full time or part time for all instructional programs and shall
be considered eligible for all other purposes for all other programs offered by the district. The
tuition must be an amount that is at least comparable to the tuition specified in section
. A district may accept funds from any international agency for these programs.
Subd. 5. Procedural requirements.
Except as otherwise provided in this section, the rights
and duties set forth in section
apply to Minnesota pupils, parents, and districts if a pupil
enrolls in a nonresident district according to this section.
Subd. 6. Tuition payments.
In each odd-numbered year, before March 1, the commissioner
must agree to rates of tuition for Minnesota elementary and secondary pupils attending in other
states for the next two fiscal years when the other state agrees to negotiate tuition rates. The
commissioner must negotiate equal, reciprocal rates with the designated authority in each state
for pupils who reside in an adjoining state and enroll in a Minnesota district. The rates must be
at least equal to the tuition specified in section
124D.05, subdivision 1
. If the other state does
not agree to negotiate a general tuition rate, a Minnesota school district may negotiate a tuition
rate with the school district in the other state that sends a pupil to or receives a pupil from the
Minnesota school district. The tuition rate for a pupil with a disability must be equal to the actual
cost of instruction and services provided. The resident district of a Minnesota pupil attending in
another state under this section must pay the amount of tuition agreed upon in this section to the
district of attendance, prorated on the basis of the proportion of the school year attended.
Subd. 7. Transportation of students.
(a) The agreement under subdivision 6 with each state
must specify that the attending district in each state transport a pupil from the district boundary
to the school of attendance.
(b) Notwithstanding paragraph (a), the districts of residence and attendance may agree that
either district may provide transportation from a pupil's home or agreed upon location to school.
Transportation aid for Minnesota students eligible for aid must be paid only for transportation
within the resident district.
Subd. 8. Effective if reciprocal.
This section is effective with respect to South Dakota upon
enactment of provisions by South Dakota that the commissioner determines are essentially similar
to the provisions for Minnesota pupils in this section. This section is effective with respect to any
other bordering state upon enactment of provisions by the bordering state that the commissioner
determines are essentially similar to the provisions for Minnesota pupils in this section.
Subd. 9. Appeal to the commissioner.
If a Minnesota school district cannot agree with an
adjoining state on a tuition rate for a Minnesota student attending school in that state and that
state has met the requirements in subdivision 8, then the student's parent or guardian may request
that the commissioner agree on a tuition rate for the student. The Minnesota district must pay the
amount of tuition the commissioner agrees upon.
History: 1991 c 265 art 9 s 2; 1993 c 224 art 6 s 1; art 9 s 1; 1Sp1997 c 4 art 4 s 1-3;
1998 c 397 art 1 s 15,58; art 11 s 3