2002 Minnesota Statutes

     127A.47 Payments to resident and nonresident districts. 

    Subdivision 1.    Aid to serving district.  (a) Unless 
 otherwise specifically provided by law, general education aid 
 must be paid according to this subdivision.  

    (b) Except as provided in paragraph (c), general education 
 aid must be paid to the serving district.  

    (c) If the resident district pays tuition for a pupil under 
 section 123A.18, 123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 
 123B.88, subdivision 4, 124D.04, 124D.05, 125A.03 to 125A.24, 
 125A.51, or 125A.65, general education aid, excluding basic 
 skills revenue under section 126C.10, subdivision 4, must be 
 paid to the resident district. 

    Subd. 2.    Reporting; revenue for homeless.  For all 
 school purposes, unless otherwise specifically provided by law, 
 a homeless pupil is a resident of the school district that 
 enrolls the pupil. 

    Subd. 3.    Revenue for children of divorced parents.  
 (a) In those instances when the divorced parents share joint 
 physical custody of the child and the divorced parents reside in 
 different school districts, for all school purposes, unless 
 otherwise specifically provided by law, the child must be 
 considered a resident of the school district, as indicated by 
 the child's parents.  

    (b) When the child of divorced parents under paragraph (a) 
 resides with each parent on alternate weeks, the parents shall 
 be responsible for the transportation of the child to the border 
 of the resident school district during those weeks when the 
 child resides in the nonresident school district. 

    Subd. 4.    District without schools.  Except as 
 otherwise provided in law, any district not maintaining 
 classified elementary or secondary schools must pay the tuition 
 required in order to enable resident pupils to attend school in 
 another district when necessary, and must receive general 
 education aid on the same basis as other districts.  The aid 
 must be computed as if the pupils were enrolled in the district 
 of residence.  

    Subd. 5.    Notification of resident district.  A 
 district educating a pupil who is a resident of another district 
 must notify the district of residence within 60 days of the date 
 the pupil is determined by the district to be a nonresident, but 
 not later than August 1 following the end of the school year in 
 which the pupil is educated.  If the district of residence does 
 not receive a notification from the providing district pursuant 
 to this subdivision, it is not liable to that district for any 
 tuition billing received after August 1 of the next school year. 

    Subd. 6.    State agency and court placements.  If a 
 state agency or a court of the state desires to place a child in 
 a district that is not the child's district of residence or to 
 place a pupil who is a parent under section 120A.22, subdivision 
 3, in a school district which is not the school district in 
 which the pupil's biological or adoptive parent or designated 
 guardian resides, that agency or court must, before placement, 
 allow the district of residence an opportunity to participate in 
 the placement decision and notify the district of residence, the 
 district of attendance and the commissioner of the placement 
 decision.  When a state agency or court determines that an 
 immediate emergency placement is necessary and that time does 
 not permit district participation in the placement decision or 
 notice to the districts and the commissioner of the placement 
 decision before the placement, the agency or court may make the 
 decision and placement without that participation or prior 
 notice.  The agency or court must notify the district of 
 residence, the district of attendance and the commissioner of an 
 emergency placement within 15 days of the placement.  

    Subd. 7.    Alternative attendance programs.  The 
 general education aid for districts must be adjusted for each 
 pupil attending a nonresident district under sections 123A.05 to 
 123A.08, 124D.03, 124D.06, 124D.07, 124D.08, and 124D.68.  The 
 adjustments must be made according to this subdivision. 

    (a) General education aid paid to a resident district must 
 be reduced by an amount equal to the referendum equalization aid 
 attributable to the pupil in the resident district. 

    (b) General education aid paid to a district serving a 
 pupil in programs listed in this subdivision must be increased 
 by an amount equal to the referendum equalization aid 
 attributable to the pupil in the nonresident district.  

    (c) If the amount of the reduction to be made from the 
 general education aid of the resident district is greater than 
 the amount of general education aid otherwise due the district, 
 the excess reduction must be made from other state aids due the 
 district. 

    (d) The district of residence must pay tuition to a 
 district or an area learning center, operated according to 
 paragraph (e), providing special instruction and services to a 
 pupil with a disability, as defined in section 125A.02, or a 
 pupil, as defined in section 125A.51, who is enrolled in a 
 program listed in this subdivision.  The tuition must be equal 
 to (1) the actual cost of providing special instruction and 
 services to the pupil, including a proportionate amount for debt 
 service and for capital expenditure facilities and equipment, 
 and debt service but not including any amount for 
 transportation, minus (2) the amount of general education 
 revenue and special education aid but not including any amount 
 for transportation, attributable to that pupil, that is received 
 by the district providing special instruction and services. 

    (e) An area learning center operated by a service 
 cooperative, intermediate district, education district, or a 
 joint powers cooperative may elect through the action of the 
 constituent boards to charge tuition for pupils rather than to 
 calculate general education aid adjustments under paragraph (a), 
 (b), or (c).  The tuition must be equal to the greater of the 
 average general education revenue per pupil unit attributable to 
 the pupil, or the actual cost of providing the instruction, 
 excluding transportation costs, if the pupil meets the 
 requirements of section 125A.02 or 125A.51. 

    Subd. 8.    Charter schools.  (a) The general education 
 aid for districts must be adjusted for each pupil attending a 
 charter school under section 124D.10.  The adjustments must be 
 made according to this subdivision. 

    (b) General education aid paid to a district in which a 
 charter school not providing transportation according to section 
 124D.10, subdivision 16, is located must be increased by an 
 amount equal to the product of:  (1) the sum of an amount equal 
 to the product of the formula allowance according to section 
 126C.10, subdivision 2, times .0485, plus the transportation 
 sparsity allowance for the district, plus the transportation 
 transition allowance for the district; times (2) the pupil units 
 attributable to the pupil.  

    HIST: 1981 c 358 art 1 s 28; 1982 c 548 art 1 s 11; 1983 c 314 
 art 1 s 22; 1987 c 398 art 8 s 10; 1988 c 486 s 56,57; 1988 c 
 718 art 7 s 32,33; 1989 c 329 art 7 s 5; 1990 c 562 art 3 s 7; 
 1991 c 130 s 21; 1991 c 199 art 2 s 12; 1991 c 265 art 3 s 38; 
 1993 c 224 art 3 s 29; 1Sp1995 c 3 art 16 s 13; 1996 c 305 art 1 
 s 138; 1996 c 412 art 1 s 22; 1997 c 7 art 1 s 65; 1998 c 397 
 art 4 s 50,51; art 11 s 3; 1998 c 398 art 1 s 26,27; art 2 s 
 30-32; 1999 c 241 art 1 s 48-50; art 2 s 51