1998 Minnesota Statutes

     125A.75 Special education program approval; aid 
  payments; travel aid. 

    Subdivision 1.    Travel aid.  The state must pay each 
 district one-half of the sum actually expended by a district for 
 necessary travel of essential personnel providing home-based 
 services to children with a disability under age five and their 
 families.  

    Subd. 2.    Aid payment.  The aids provided for children 
 with a disability must be paid to the district providing the 
 special instruction and services.  General education aid must be 
 paid to the district of the pupil's residence.  The total amount 
 of aid paid may not exceed the amount expended for children with 
 a disability in the year for which the aid is paid.  

    Subd. 3.    Full state payment.  The state must pay each 
 district the actual cost incurred in providing instruction and 
 services for a child with a disability whose district of 
 residence has been determined by section 125A.17, and who is 
 temporarily placed in a state institution or a licensed 
 residential facility for care and treatment.  This section does 
 not apply to a child placed in a foster home or a foster group 
 home. 

    Upon following the procedure specified by the commissioner, 
 the district may bill the state the actual cost incurred in 
 providing the services including transportation costs and a 
 proportionate amount of capital expenditures and debt service, 
 minus the amount of the basic revenue, as defined in section 
 126C.10, subdivision 2, of the district for the child and the 
 special education aid, transportation aid, and any other aid 
 earned on behalf of the child.  The limit in subdivision 2 
 applies to aid paid pursuant to this subdivision.  

    To the extent possible, the commissioner shall obtain 
 reimbursement from another state for the cost of serving any 
 child whose parent or guardian resides in that state.  The 
 commissioner may contract with the appropriate authorities of 
 other states to effect reimbursement.  All money received from 
 other states must be paid to the state treasury and placed in 
 the general fund.  

    Subd. 4.    Program and aid approval.  Before June 1 of 
 each year, each district providing special instruction and 
 services to children with a disability must submit to the 
 commissioner an application for approval of these programs and 
 their budgets for the next fiscal year.  The application must 
 include an enumeration of the costs proposed as eligible for 
 state aid pursuant to this section and of the estimated number 
 and grade level of children with a disability in the district 
 who will receive special instruction and services during the 
 regular school year and in summer school programs during the 
 next fiscal year.  The application must also include any other 
 information deemed necessary by the commissioner for the 
 calculation of state aid and for the evaluation of the necessity 
 of the program, the necessity of the personnel to be employed in 
 the program, for determining the amount which the program will 
 receive from grants from federal funds, or special grants from 
 other state sources, and the program's compliance with the rules 
 and standards of the state board.  The commissioner shall review 
 each application to determine whether the program and the 
 personnel to be employed in the program are actually necessary 
 and essential to meet the district's obligation to provide 
 special instruction and services to children with a disability 
 pursuant to sections 125A.03 to 125A.24, 125A.259 to 125A.48, 
 and 125A.65.  The commissioner shall not approve aid pursuant to 
 this section for any program or for the salary of any personnel 
 determined to be unnecessary or unessential on the basis of this 
 review.  The commissioner may withhold all or any portion of the 
 aid for programs which receive grants from federal funds, or 
 special grants from other state sources.  By August 31 the 
 commissioner shall approve, disapprove, or modify each 
 application, and notify each applying district of the action and 
 of the estimated amount of aid for the programs.  The 
 commissioner shall provide procedures for districts to submit 
 additional applications for program and budget approval during 
 the fiscal year, for programs needed to meet any substantial 
 changes in the needs of children with a disability in the 
 district.  Notwithstanding the provisions of section 127A.42, 
 the commissioner may modify or withdraw the program or aid 
 approval and withhold aid pursuant to this section without 
 proceeding according to section 127A.42 at any time the 
 commissioner determines that the program does not comply with 
 rules of the state board or that any facts concerning the 
 program or its budget differ from the facts in the district's 
 approved application.  

    Subd. 5.    Regular classroom programs.  When planning 
 programs for the education of children with a disability in the 
 regular classroom, school districts are encouraged to consider 
 the size of the regular class and to provide the support 
 services necessary to ensure successful mainstreaming.  

    Subd. 6.    Summer school.  By March 15 of each year, 
 districts must submit separate applications for program and 
 budget approval for summer school programs.  These applications 
 must be reviewed as provided in subdivision 4.  By May 1 of each 
 year, the commissioner shall approve, disapprove, or modify the 
 applications and notify the districts of the action and of the 
 estimated amount of aid for the summer school programs.  

    Subd. 7.    Allocation from cooperative centers, service 
 cooperatives, education districts, and intermediate districts. 
  For purposes of this section, a special education 
 cooperative, service cooperative, education district, or an 
 intermediate district must allocate its approved expenditures 
 for special education programs among participating districts.  
 Special education aid for services provided by a cooperative, 
 service cooperative, education district, or intermediate 
 district must be paid to the participating school districts. 

    Subd. 8.    Litigation and hearing costs.  (a) For 
 fiscal year 1999 and thereafter, the commissioner of children, 
 families, and learning, or the commissioner's designee, shall 
 use state funds to pay school districts for the administrative 
 costs of a due process hearing incurred under section 125A.09, 
 subdivisions 6, 10, and 11, including hearing officer fees, 
 court reporter fees, mileage costs, transcript costs, 
 independent evaluations ordered by the hearing officer, and 
 rental of hearing rooms, but not including district attorney 
 fees.  To receive state aid under this paragraph, a school 
 district shall submit to the commissioner at the end of the 
 school year an itemized list of unreimbursed actual costs for 
 fees and other expenses under this paragraph.  State funds used 
 for aid to school districts under this paragraph shall be based 
 on the unreimbursed actual costs and fees submitted by a 
 district from previous school years. 

    (b) For fiscal year 1999 and thereafter, a school district, 
 to the extent to which it prevails under United States Code, 
 title 20, section 1415(i)(3)(B)(D) and Rule 68 of the Federal 
 Rules of Civil Procedure, shall receive state aid equal to 50 
 percent of the total actual cost of attorney fees incurred after 
 a request for a due process hearing under section 125A.09, 
 subdivisions 6, 9, and 11, is served upon the parties.  A 
 district is eligible for reimbursement for attorney fees under 
 this paragraph only if: 

    (1) a court of competent jurisdiction determines that the 
 parent is not the prevailing party under United States Code, 
 title 20, section 1415(i)(3)(B)(D), or the parties stipulate 
 that the parent is not the prevailing party; 

    (2) the district has made a good faith effort to resolve 
 the dispute through mediation, but the obligation to mediate 
 does not compel the district to agree to a proposal or make a 
 concession; and 

    (3) the district made an offer of settlement under Rule 68 
 of the Federal Rules of Civil Procedure.  

    To receive aid, a school district that meets the criteria 
 of this paragraph shall submit to the commissioner at the end of 
 the school year an itemized list of unreimbursed actual attorney 
 fees associated with a due process hearing under section 
 125A.09, subdivisions 6, 9, and 11.  Aid under this paragraph 
 for each school district is based on unreimbursed actual 
 attorney fees submitted by the district from previous school 
 years. 

    (c) For fiscal year 1999 and thereafter, a school district 
 is eligible to receive state aid for 50 percent of the total 
 actual cost of attorney fees it incurs in appealing to a court 
 of competent jurisdiction the findings, conclusions, and order 
 of a due process hearing under section 125A.09, subdivisions 6, 
 9, and 11.  The district is eligible for reimbursement under 
 this paragraph only if the commissioner authorizes the 
 reimbursement after evaluating the merits of the case.  In a 
 case where the commissioner is a named party in the litigation, 
 the commissioner of the bureau of mediation services shall make 
 the determination regarding reimbursement.  The commissioner's 
 decision is final.  

    (d) The commissioner shall provide districts with a form on 
 which to annually report litigation costs under this section and 
 shall base aid estimates on those reports. 

    HIST: Ex1959 c 71 art 5 s 32; 1961 c 559 s 1; 1965 c 870 s 1; 
 1967 c 853 s 1; 1969 c 913 s 1; 1969 c 981 s 6; 1971 c 25 s 33; 
 1973 c 501 s 3; 1973 c 683 s 14-16; 1975 c 162 s 41; 1975 c 432 
 s 48-50; 1976 c 271 s 52; 1977 c 447 art 3 s 9; 1978 c 764 s 
 58-62; 1979 c 334 art 3 s 6-10; 1981 c 358 art 3 s 11-17; 
 1Sp1981 c 2 s 10,11; 1982 c 548 art 3 s 12-21; 1983 c 314 art 1 
 s 22; art 3 s 9-11; 1Sp1985 c 12 art 3 s 11-17; 1Sp1986 c 1 art 
 9 s 14; 1Sp1986 c 3 art 1 s 17; 1987 c 384 art 2 s 33; 1987 c 
 398 art 3 s 18-21; 1988 c 486 s 41-45; 1989 c 329 art 3 s 7; 
 1991 c 265 art 3 s 7,8,38; 1993 c 224 art 3 s 13-16; 1994 c 647 
 art 13 s 10; 1Sp1995 c 3 art 15 s 7-9; art 16 s 13; 1998 c 397 
 art 2 s 98,164; art 11 s 3; 1998 c 398 art 2 s 26