2006 Minnesota Statutes

125A.15 PLACEMENT IN ANOTHER DISTRICT; RESPONSIBILITY.
The responsibility for special instruction and services for a child with a disability temporarily
placed in another district for care and treatment shall be determined in the following manner:
(a) The district of residence of a child shall be the district in which the child's parent resides,
if living, or the child's guardian, or the district designated by the commissioner if neither parent
nor guardian is living within the state.
(b) When a child is temporarily placed for care and treatment in a day program located in
another district and the child continues to live within the district of residence during the care and
treatment, the district of residence is responsible for providing transportation to and from the care
and treatment facility and an appropriate educational program for the child. Transportation shall
only be provided by the district during regular operating hours of the district. The district may
provide the educational program at a school within the district of residence, at the child's residence,
or in the district in which the day treatment center is located by paying tuition to that district.
(c) When a child is temporarily placed in a residential program for care and treatment,
the nonresident district in which the child is placed is responsible for providing an appropriate
educational program for the child and necessary transportation while the child is attending the
educational program; and must bill the district of the child's residence for the actual cost of
providing the program, as outlined in section 125A.11, except as provided in paragraph (d).
However, the board, lodging, and treatment costs incurred in behalf of a child with a disability
placed outside of the school district of residence by the commissioner of human services or the
commissioner of corrections or their agents, for reasons other than providing for the child's
special educational needs must not become the responsibility of either the district providing
the instruction or the district of the child's residence. For the purposes of this section, the state
correctional facilities operated on a fee-for-service basis are considered to be residential programs
for care and treatment.
(d) A privately owned and operated residential facility may enter into a contract to obtain
appropriate educational programs for special education children and services with a joint powers
entity. The entity with which the private facility contracts for special education services shall be
the district responsible for providing students placed in that facility an appropriate educational
program in place of the district in which the facility is located. If a privately owned and operated
residential facility does not enter into a contract under this paragraph, then paragraph (c) applies.
(e) The district of residence shall pay tuition and other program costs, not including
transportation costs, to the district providing the instruction and services. The district of residence
may claim general education aid for the child as provided by law. Transportation costs must
be paid by the district responsible for providing the transportation and the state must pay
transportation aid to that district.
History: Ex1959 c 71 art 1 s 17; 1961 c 559 s 2; 1961 c 690 s 1; 1965 c 241 s 1-3; 1967 c
872 s 1; 1969 c 981 s 2-5; 1971 c 689 s 1-3; 1973 c 683 s 1,2; 1975 c 162 s 41; 1975 c 321 s 2;
1975 c 432 s 8-10; 1976 c 211 s 1-6; 1976 c 271 s 13-18; 1977 c 447 art 3 s 1-4; 1977 c 449 s 12;
1978 c 733 s 1; 1978 c 764 s 3-5; 1978 c 793 s 61; 1979 c 334 art 2 s 1,2; art 3 s 2,3; 1980 c 509
s 30; 1981 c 358 art 1 s 1; art 3 s 2-7; 1982 c 424 s 28,29,130; 1982 c 548 art 3 s 1-3; 1983 c 247
s 55; 1983 c 258 s 13; 1983 c 314 art 1 s 22; art 3 s 1; 1984 c 463 art 3 s 1; 1984 c 654 art 5 s 58;
1Sp1985 c 12 art 3 s 2-8; 1986 c 444; 1987 c 384 art 2 s 24; 1987 c 398 art 3 s 2-14; 1988 c 486 s
2-5; 1988 c 629 s 24; 1988 c 718 art 3 s 1; art 6 s 2; 1989 c 209 art 2 s 1; 1989 c 329 art 3 s 1-3;
1991 c 265 art 3 s 1,2,38; art 11 s 1; 1991 c 292 art 6 s 58 subd 2; 1992 c 499 art 3 s 1-7; art 11 s
1; 1993 c 224 art 3 s 1-9; art 14 s 3; 1994 c 483 s 1; 1994 c 647 art 3 s 2-8,34; 1Sp1995 c 3 art 3
s 1-3; art 16 s 13; 1996 c 412 art 2 s 1,2; art 3 s 1-3; 1998 c 397 art 2 s 33,164; art 11 s 3; 1998
c 398 art 2 s 11; 1999 c 241 art 2 s 14; 2000 c 489 art 3 s 9