Subdivision 1. Options for enrollment in adjoining states. Minnesota pupils and pupils residing in adjoining states may enroll in districts in the other state according to:
(1) section 124D.05, subdivision 2; or
(2) this section.
Subd. 2. Pupils in Minnesota. A Minnesota resident pupil may enroll in a district in an adjoining state if the district to be attended borders Minnesota.
Subd. 3. Pupils in adjoining states. Except as provided under an agreement with an adjoining state under section 124D.041, a non-Minnesota pupil who resides in an adjoining state in a district that borders Minnesota may enroll in a Minnesota district if either the board of the district in which the pupil resides or state in which the pupil resides pays tuition to the district in which the pupil is enrolled.
Subd. 4. Canadian pupils. A pupil who resides in Canada may enroll in a Minnesota district if the province in which the pupil resides pays tuition to the district in which the pupil is enrolled. A pupil may enroll either full time or part time for all instructional programs and shall be considered eligible for all other purposes for all other programs offered by the district. The tuition must be an amount that is at least comparable to the tuition specified in section 124D.05, subdivision 1. A district may accept funds from any international agency for these programs.
Subd. 5. Procedural requirements. Except as otherwise provided in this section, the rights and duties set forth in section 124D.03 apply to Minnesota pupils, parents, and districts if a pupil enrolls in a nonresident district according to this section.
Subd. 6. Tuition payments. (a) In each odd-numbered year, before March 1, the commissioner must agree to rates of tuition for Minnesota elementary and secondary pupils attending in other states for the next two fiscal years when the other state agrees to negotiate tuition rates. The commissioner must negotiate equal, reciprocal rates with the designated authority in each state for pupils who reside in an adjoining state and enroll in a Minnesota district. The rates must be at least equal to the tuition specified in section 124D.05, subdivision 1. If the other state does not agree to negotiate a general tuition rate, a Minnesota school district may negotiate a tuition rate with the school district in the other state that sends a pupil to or receives a pupil from the Minnesota school district. The tuition rate for a pupil with a disability must be equal to the actual cost of instruction and services provided. The resident district of a Minnesota pupil attending in another state under this section must pay the amount of tuition agreed upon in this section to the district of attendance, prorated on the basis of the proportion of the school year attended.
(b) Notwithstanding paragraph (a) and subdivision 9, if an agreement is reached between the state of Minnesota and an adjoining state pursuant to section 124D.041, the provisions of section 124D.041 and the agreement shall apply to all enrollment transfers between Minnesota and the adjoining state, and provisions of paragraph (a) and subdivision 9 shall not apply.
Subd. 7. Transportation of students. (a) The agreement under subdivision 6 with each state must specify that the attending district in each state transport a pupil from the district boundary to the school of attendance.
(b) Notwithstanding paragraph (a), the districts of residence and attendance may agree that either district may provide transportation from a pupil's home or agreed-upon location to school. Transportation aid for Minnesota students eligible for aid must be paid only for transportation within the resident district.
Subd. 8. Effective if reciprocal. This section is effective with respect to any bordering state upon enactment of provisions by the bordering state that the commissioner determines are essentially similar to the provisions for Minnesota pupils in this section.
Subd. 9. Appeal to commissioner. If a Minnesota school district cannot agree with an adjoining state on a tuition rate for a Minnesota student attending school in that state and that state has met the requirements in subdivision 8, then the student's parent or guardian may request that the commissioner set a tuition rate for the student. The Minnesota district must pay the amount of tuition the commissioner sets.
1991 c 265 art 9 s 2; 1993 c 224 art 6 s 1; art 9 s 1; 1Sp1997 c 4 art 4 s 1-3; 1998 c 397 art 1 s 15,58; art 11 s 3; 2008 c 363 art 2 s 6-9
Structure Minnesota Statutes
Chapters 120 - 129C — Education Code: Prekindergarten - Grade 12
Chapter 124D — Education Programs
Section 124D.01 — Definitions.
Section 124D.02 — School Board Powers; Enrollment.
Section 124D.03 — Enrollment Options Program.
Section 124D.04 — Options For Enrolling In Adjoining States.
Section 124D.041 — Reciprocity With Adjoining States.
Section 124D.05 — Attending School In Another State; Severance Pay.
Section 124D.08 — School Boards' Approval To Enroll In Nonresident District; Exceptions.
Section 124D.085 — Experiential And Applied Learning Opportunities For Students.
Section 124D.09 — Postsecondary Enrollment Options Act.
Section 124D.091 — Concurrent Enrollment Program Aid.
Section 124D.093 — P-tech Schools.
Section 124D.095 — Online Learning Option.
Section 124D.096 — Online Learning Aid.
Section 124D.111 — School Meals Policies; Lunch Aid; Food Service Accounting.
Section 124D.1115 — Free And Reduced-price School Lunch Program Data Sharing.
Section 124D.114 — Lactose Reduced Milk.
Section 124D.1158 — School Breakfast Program.
Section 124D.117 — Districts To Offer School Breakfast Program.
Section 124D.118 — School Milk Program.
Section 124D.119 — Summer Food Service Replacement Aid.
Section 124D.1191 — Donations To Food Shelf Programs.
Section 124D.1195 — Commodity Donated Food Revolving Fund.
Section 124D.12 — Purpose Of Flexible Learning Year Programs.
Section 124D.121 — Definition Of Flexible Learning Year Program.
Section 124D.122 — Establishment Of Flexible Learning Year Program.
Section 124D.123 — Division Of Children Into Groups.
Section 124D.124 — Public Hearing Before Implementation.
Section 124D.125 — Assignment Of Teachers.
Section 124D.126 — Powers And Duties Of Commissioner; Flexible Learning Year Programs.
Section 124D.127 — Termination Of Flexible Learning Year Program.
Section 124D.128 — Learning Year Program To Provide Instruction Throughout Year.
Section 124D.129 — Educate Parents Partnership.
Section 124D.13 — Early Childhood Family Education (ecfe) Programs.
Section 124D.135 — Early Childhood Family Education (ecfe) Revenue.
Section 124D.141 — State Advisory Council On Early Childhood Education And Care.
Section 124D.142 — Quality Rating And Improvement System.
Section 124D.15 — School Readiness Programs.
Section 124D.151 — Voluntary Prekindergarten Program.
Section 124D.16 — School Readiness Aid.
Section 124D.162 — Kindergarten Readiness Assessment.
Section 124D.165 — Early Learning Scholarships.
Section 124D.166 — Limit On Screen Time For Children In Preschool And Kindergarten.
Section 124D.18 — Purpose Of Community Education Programs.
Section 124D.19 — Community Education Programs; Advisory Council.
Section 124D.20 — Community Education Revenue.
Section 124D.22 — School-age Care Revenue.
Section 124D.2211 — After-school Community Learning Programs.
Section 124D.23 — Family Services And Community-based Collaboratives.
Section 124D.231 — Full-service Community Schools.
Section 124D.34 — Minnesota Foundation For Student Organizations.
Section 124D.35 — Youth Entrepreneurship Education Program.
Section 124D.355 — Vocational Education Student Organizations.
Section 124D.36 — Citation; Serveminnesota Innovation Act.
Section 124D.37 — Purpose Of Serveminnesota Innovation Act.
Section 124D.38 — Definitions.
Section 124D.385 — Minnesota Commission On National And Community Service.
Section 124D.39 — Serveminnesota Innovation Program.
Section 124D.40 — Serveminnesota Innovation Grants.
Section 124D.42 — Reading And Math Corps.
Section 124D.44 — Match Requirements.
Section 124D.45 — Evaluation And Reporting Requirements.
Section 124D.452 — District Report; Career And Technical Education.
Section 124D.4531 — Career And Technical Revenue.
Section 124D.454 — Access To Minnesota's Transition System For Children With A Disability.
Section 124D.46 — Education And Employment Transitions System.
Section 124D.47 — Comprehensive Youth Apprenticeship Program.
Section 124D.49 — Education And Employment Transitions Partnerships.
Section 124D.50 — Service-learning And Work-based Learning Curriculum And Programs.
Section 124D.505 — Minnesota Career Information System.
Section 124D.51 — Evening Schools; Adult And Continuing Education.
Section 124D.518 — Adult Basic Education Aid Definitions.
Section 124D.52 — Adult Basic Education.
Section 124D.521 — Consortium Requirements.
Section 124D.522 — Adult Basic Education Supplemental Service Grants.
Section 124D.531 — Adult Basic Education Aid.
Section 124D.549 — Commissioner-selected High School Equivalency Test.
Section 124D.55 — Commissioner-selected High School Equivalency Test Fees.
Section 124D.56 — Community Education Program Revenue; Adults With Disabilities.
Section 124D.57 — Educational Support Services For People Who Are Deaf, Deafblind, Hard-of-hearing.
Section 124D.58 — Citation; Education For English Learners Act.
Section 124D.59 — Definitions.
Section 124D.60 — Rights Of Parents.
Section 124D.61 — General Requirements For Programs.
Section 124D.63 — Technical Assistance.
Section 124D.64 — Discrimination Prohibited.
Section 124D.645 — Multiracial Diversity.
Section 124D.65 — English Learner (el) Programs Aid.
Section 124D.66 — Assurance Of Mastery Programs.
Section 124D.68 — Graduation Incentives Program.
Section 124D.69 — Aid For Alternative Programs Provided Under Contract.
Section 124D.695 — Approved Recovery Program Funding.
Section 124D.71 — Citation; American Indian Education Act.
Section 124D.73 — Definitions.
Section 124D.74 — American Indian Education Programs.
Section 124D.75 — Licenses For American Indian Language And Culture Education Teachers; Exemptions.
Section 124D.76 — Community Coordinators, Indian Home/school Liaisons, Paraprofessionals.
Section 124D.77 — Recruiting And Retaining Indian Teachers.
Section 124D.78 — Parent And Community Participation.
Section 124D.79 — Community And Commissioner Participation In American Indian Education.
Section 124D.791 — Indian Education Director.
Section 124D.81 — American Indian Education Aid.
Section 124D.82 — Discrimination Prohibited.
Section 124D.83 — State Revenue For American Indian Tribal Contract Or Grant Schools.
Section 124D.855 — School Segregation Prohibited.
Section 124D.861 — Achievement And Integration For Minnesota.
Section 124D.862 — Achievement And Integration Revenue.
Section 124D.87 — Achievement And Integration Transportation Aid.
Section 124D.892 — Office Of Desegregation/integration.
Section 124D.895 — Parental Involvement Programs.
Section 124D.8955 — Parent And Family Involvement Policy.
Section 124D.8957 — Prekindergarten Through Grade 12 Parental Rights Coded Elsewhere.
Section 124D.896 — Desegregation/integration And Inclusive Education Rules.
Section 124D.90 — School Enrichment Partnership Program.
Section 124D.955 — Healthy Kids Awards Program.
Section 124D.957 — Minnesota Youth Council Committee.
Section 124D.96 — Welfare And Correctional Institutions' Policies For Educational Programs.