1998 Minnesota Statutes

     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 sections 125A.76, subdivision 2, and 124.3202, subdivision 
 1; minus 

    (3) revenue for teachers' salaries, contracted services, 
 supplies, and equipment under sections 124.3202 and 124A.76; 
 minus 

    (4) tuition receipts under sections 125A.03 to 125A.24 and 
 125A.65 for services eligible for revenue under sections 
 124.3202, subdivision 1, and 124A.76, subdivision 2. 

    (b) "General revenue" means for fiscal year 1996, the sum 
 of the general education revenue according to section 126C.10, 
 subdivision 1, as adjusted according to section 127A.47, 
 subdivision 7, plus the total referendum revenue according to 
 section 126C.17, subdivision 4.  For fiscal years 1997 and 
 later, "general revenue" means the sum of the general education 
 revenue according to section 126C.10, subdivision 1, as adjusted 
 according to section 127A.47, subdivision 7, plus the total 
 referendum revenue minus transportation sparsity revenue minus 
 total operating capital revenue. 

    Subd. 2.    Excess cost revenue.  For 1997 and later 
 fiscal years, a district's special education excess cost revenue 
 equals the greatest of: 

    (a) 70 percent of the difference between (1) the district's 
 unreimbursed special education cost and (2) 5.7 percent for 
 fiscal year 1997 and later years of the district's general 
 revenue; 

    (b) 70 percent of the difference between (1) the increase 
 in the district's unreimbursed special education cost between 
 the base year as defined in section 125A.76, subdivision 1, and 
 the current year and (2) 1.6 percent of the district's general 
 revenue; or 

    (c) zero. 

    Subd. 3.    Excess cost aid.  For 1996 and later fiscal 
 years, a district's special education excess cost aid equals the 
 district's special education excess cost revenue times the aid 
 percentage factor for that year. 

    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 
 children, families, and learning 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. 

    HIST: 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