Subdivision 1. Agreements. (a) The commissioner may enter into an agreement with the designated authority from an adjoining state to establish an enrollment options program between Minnesota and the adjoining state. Any agreement entered into pursuant to this section must specify the following:
(1) for students who are not residents of Minnesota, the enrollment options program applies only to a student whose resident school district borders Minnesota;
(2) the commissioner must negotiate equal, reciprocal rates with the designated authority from the adjoining state;
(3) if the adjoining state sends more students to Minnesota than Minnesota sends to the adjoining state, the adjoining state must pay the state of Minnesota the rate agreed upon under clause (2) for the excess number of students sent to Minnesota;
(4) if Minnesota sends more students to the adjoining state than the adjoining state sends to Minnesota, the state of Minnesota will pay the adjoining state the rate agreed upon under clause (2) for the excess number of students sent to the adjoining state;
(5) the application procedures for the enrollment options program between Minnesota and the adjoining state;
(6) the reasons for which an application for the enrollment options program between Minnesota and the adjoining state may be denied; and
(7) that a Minnesota school district is not responsible for transportation for any resident student attending school in an adjoining state under the provisions of this section. A Minnesota school district may, at its discretion, provide transportation services for such a student.
(b) Any agreement entered into pursuant to this section may specify additional terms relating to any student in need of special education and related services pursuant to chapter 125A, including early childhood special education services. Any additional terms must apply equally to both states.
Subd. 2. Pupil accounting. (a) Any student from an adjoining state enrolled in Minnesota pursuant to this section is included in the receiving school district's average daily membership and pupil units according to section 126C.05 as if the student were a resident of another Minnesota school district attending the receiving school district under section 124D.03.
(b) Any Minnesota resident student enrolled in an adjoining state pursuant to this section is included in the resident school district's average daily membership and pupil units according to section 126C.05 as if the student were a resident of the district attending another Minnesota school district under section 124D.03.
(c) A prekindergarten child from an adjoining state whose family resides at a Minnesota address as assigned by the United States Postal Service and is receiving early childhood special education services from a Minnesota school district is considered enrolled in a Minnesota school district.
Subd. 3. Procedures. (a) The Department of Education must establish procedures relating to the application process, the collection or payment of funds under the provisions of any agreement established pursuant to this section, and the collection of data necessary to implement any agreement established pursuant to this section.
(b) Notwithstanding sections 124D.04 and 124D.05, if an agreement is established between Minnesota and an adjoining state pursuant to this section, the provisions of this section and the agreement shall apply to all enrollment transfers between Minnesota and the adjoining state, and provisions of sections 124D.04 and 124D.05 to the contrary, including provisions relating to tuition payments, shall not apply.
(c) Notwithstanding paragraph (a), any payments to adjoining states under this section shall be made according to section 127A.45, subdivision 16.
(d) Notwithstanding paragraph (b), sections 124D.04, subdivision 6, paragraph (b), and 124D.05, subdivision 2a, the provisions of this section and the agreement shall not apply to: (1) enrollment transfers between Minnesota and a school district in an adjoining state enrolling fewer than 150 pupils that is exempted from participation in the program under the laws of the adjoining state; or (2) enrollment transfers between Minnesota and a school district in an adjoining state under a board agreement initiated in fiscal year 2009 to serve students in grade levels discontinued by the resident district.
2008 c 363 art 2 s 10; 2014 c 275 art 1 s 18; 1Sp2015 c 3 art 9 s 2,3
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.