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Minnesota Legislature

Office of the Revisor of Statutes

Chapter 125A

Section 125A.79

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125A.79 SPECIAL EDUCATION EXCESS COST AID.
    Subdivision 1. Definitions. For the purposes of this section, the definitions in this subdivision
apply.
    (a) "Unreimbursed special education cost" means the sum of the following:
    (1) expenditures for teachers' salaries, contracted services, supplies, equipment, and
transportation services eligible for revenue under section 125A.76; plus
    (2) expenditures for tuition bills received under sections 125A.03 to 125A.24 and 125A.65
for services eligible for revenue under section 125A.76, subdivision 2; minus
    (3) revenue for teachers' salaries, contracted services, supplies, equipment, and transportation
services under section 125A.76; minus
    (4) tuition receipts under sections 125A.03 to 125A.24 and 125A.65 for services eligible for
revenue under section 125A.76, subdivision 2.
    (b) "General revenue" means the sum of the general education revenue according to section
126C.10, subdivision 1, excluding alternative teacher compensation revenue, plus the total
qualifying referendum revenue specified in paragraph (e) minus transportation sparsity revenue
minus total operating capital revenue.
    (c) "Average daily membership" has the meaning given it in section 126C.05.
    (d) "Program growth factor" means 1.02 for fiscal year 2012 and later.
    (e) "Total qualifying referendum revenue" means two-thirds of the district's total referendum
revenue as adjusted according to section 127A.47, subdivision 7, paragraphs (a) to (c), for fiscal
year 2006, one-third of the district's total referendum revenue for fiscal year 2007, and none of the
district's total referendum revenue for fiscal year 2008 and later.
    Subd. 2.[Repealed, 1Sp2003 c 9 art 3 s 21]
    Subd. 3.[Repealed, 1999 c 241 art 2 s 62]
    Subd. 4. Tuition. Notwithstanding sections 125A.03 to 125A.24 and 125A.65, for children
who are nonresidents of Minnesota, receive services under section 125A.76, subdivisions 1 and
2
, and are placed in the serving school district by court action, the serving school district shall
submit unreimbursed tuition bills for eligible services to the Department of Education instead of
the resident school district. To be eligible for reimbursement, the serving school district, as part of
its child intake procedures, must demonstrate good faith effort to obtain from the placing agency
a financial commitment to pay tuition costs.
    Subd. 5. Initial excess cost aid. For fiscal years 2008 and later, a district's initial excess
cost aid equals the greater of:
    (1) 75 percent of the difference between (i) the district's unreimbursed special education cost
and (ii) 4.36 percent of the district's general revenue; or
    (2) zero.
    Subd. 6. State total special education excess cost aid. The state total special education
excess cost aid equals $104,700,000 for fiscal year 2007, $110,641,000 for fiscal year 2008,
$110,918,000 for fiscal year 2009, $110,847,000 for fiscal year 2010, and $110,892,000 for fiscal
year 2011. The state total special education excess cost aid for later fiscal years equals:
    (1) the state total special education excess cost aid for the preceding fiscal year; times
    (2) the program growth factor; times
    (3) the greater of one, or the ratio of the state total average daily membership for the current
fiscal year to the state total average daily membership for the preceding fiscal year.
    Subd. 7. District special education excess cost aid. A district's special education excess
cost aid for fiscal year 2002 and later equals the state total special education excess cost aid times
the ratio of the district's initial excess cost aid to the state total initial excess cost aid.
    Subd. 8. Out-of-state tuition. For children who are residents of the state, receive services
under section 125A.76, subdivisions 1 and 2, and are placed in a care and treatment facility by
court action in a state that does not have a reciprocity agreement with the commissioner under
section 125A.155, the resident school district shall submit the balance of the tuition bills, minus
the general education revenue, excluding basic skills revenue and alternative teacher compensation
revenue, and referendum equalization aid attributable to the pupil, calculated using the resident
district's average general education revenue and referendum equalization aid per adjusted pupil
unit minus the special education contracted services initial revenue attributable to the pupil.
History: 1993 c 224 art 3 s 23; 1Sp1995 c 3 art 15 s 15-17; 1996 c 412 art 3 s 26,27; 1997 c
7 art 1 s 61; 1Sp1997 c 4 art 2 s 24,25; 1998 c 397 art 2 s 106,164; art 11 s 3; 1998 c 398 art
2 s 28; 1999 c 241 art 2 s 41-46; 2000 c 254 s 36; 2000 c 489 art 3 s 13,14; art 10 s 11; 2003
c 130 s 12; 1Sp2003 c 9 art 3 s 15,16; 1Sp2005 c 5 art 3 s 11,12; 2006 c 263 art 3 s 11; 2007
c 146 art 3 s 17-20