1997 Minnesota Statutes

     120.181 Placement of children without disabilities; 
  education and transportation. 

    The responsibility for providing instruction and 
 transportation for a pupil without a disability who has a 
 short-term or temporary physical or emotional illness or 
 disability, as determined by the standards of the state board, 
 and who is temporarily placed for care and treatment for that 
 illness or disability, shall be determined as provided in this 
 section.  

    (a) The school district of residence of the pupil shall be 
 the district in which the pupil's parent or guardian resides, or 
 when neither the pupil's parent nor guardian resides within the 
 state and tuition has been denied, the district designated by 
 the commissioner of children, families, and learning.  

    (b) Prior to the placement of a pupil for care and 
 treatment, the district of residence shall be notified and 
 provided an opportunity to participate in the placement 
 decision.  When an immediate emergency placement is necessary 
 and time does not permit resident district participation in the 
 placement decision, the district in which the pupil is 
 temporarily placed, if different from the district of residence, 
 shall notify the district of residence of the emergency 
 placement within 15 days of the placement.  

    (c) When a pupil without a disability is temporarily placed 
 for care and treatment in a day program and the pupil continues 
 to live within the district of residence during the care and 
 treatment, the district of residence shall provide instruction 
 and necessary transportation for the pupil.  The district may 
 provide the instruction at a school within the district of 
 residence, at the pupil's residence, or in the case of a 
 placement outside of the resident district, in the district in 
 which the day treatment program is located by paying tuition to 
 that district.  The district of placement may contract with a 
 facility to provide instruction by teachers licensed by the 
 state board of teaching.  

    (d) When a pupil without a disability is temporarily placed 
 in a residential program for care and treatment, the district in 
 which the pupil is placed shall provide instruction for the 
 pupil and necessary transportation while the pupil is receiving 
 instruction, and in the case of a placement outside of the 
 district of residence, the nonresident district shall bill the 
 district of residence for the actual cost of providing the 
 instruction for the regular school year and for summer school, 
 excluding transportation costs.  When a pupil without a 
 disability is temporarily placed in a residential program 
 outside the district of residence, the administrator of the 
 court placing the pupil shall send timely written notice of the 
 placement to the district of residence.  The district of 
 placement may contract with a residential facility to provide 
 instruction by teachers licensed by the state board of teaching. 

    (e) The district of residence shall include the pupil in 
 its residence count of pupil units and pay tuition as provided 
 in section 124.18 to the district providing the instruction.  
 Transportation costs shall be paid by the district providing the 
 transportation and the state shall pay transportation aid to 
 that district.  For purposes of computing state transportation 
 aid, pupils governed by this subdivision shall be included in 
 the disabled transportation category.  

    HIST: 1982 c 548 art 1 s 1; 1988 c 486 s 6; 1991 c 265 art 3 s 
 4,38; 1992 c 499 art 3 s 8; 1Sp1995 c 3 art 16 s 13; 1996 c 412 
 art 2 s 3; 1Sp1997 c 4 art 2 s 2