Subdivision 1. Attending school in another state. Any person under 21 years of age residing in any district not maintaining a secondary school who has successfully completed the elementary school may, with the consent of the board of such district, attend any secondary school of a district in an adjoining state willing to admit the person, if the secondary school is nearer to the place of residence than any established secondary school in Minnesota, the distances being measured by the usual traveled routes. Any tuition charged by the district so attended must be paid to the district attended by the district in which the person resides. This tuition must not be more than (a) the district charges nonresident pupils of that state, (b) the average maintenance cost exclusive of transportation per pupil unit in average daily membership in the school attended, nor (c) the tuition rate provided for in section 123A.488, subdivision 2.
Any pupil attending a secondary school in an adjoining state for whom tuition is paid from district funds is entitled to transportation services in accordance with Minnesota Statutes.
Subd. 2. Tuition. A board of a district maintaining a secondary school may by a majority vote provide for the instruction of any resident pupil attending an elementary school, a middle school, or a secondary school in a district in an adjoining state. Any charge for tuition or transportation by the district in the adjoining state must be paid by the resident district. The pupil must be considered a pupil of the resident district for the purposes of state aid.
Subd. 2a. Exception. Notwithstanding subdivisions 1 and 2, 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 subdivisions 1 and 2 to the contrary, including provisions relating to tuition payments, shall not apply.
Subd. 3. Severance pay. A district must pay severance pay to a teacher who is placed on unrequested leave of absence by the district as a result of an agreement under this section. A teacher is eligible under this subdivision if the teacher:
(1) is a teacher, as defined in section 122A.40, subdivision 1, but not a superintendent;
(2) has a continuing contract with the district according to section 122A.40, subdivision 7.
The amount of severance pay must be equal to the teacher's salary for the school year during which the teacher was placed on unrequested leave of absence minus the gross amount the teacher was paid during the 12 months following the teacher's termination of salary, by an entity whose teachers by statute or rule must possess a valid Minnesota teaching license, and minus the amount a teacher receives as severance or other similar pay according to a contract with the district or district policy. These entities include, but are not limited to, the district that placed the teacher on unrequested leave of absence, another district in Minnesota, an education district, an intermediate school district, a service cooperative, a board formed under section 471.59, a state residential academy, the Perpich Center for Arts Education, a vocational center, or a special education cooperative. These entities do not include a district in another state, a Minnesota public postsecondary institution, or a state agency. Only amounts earned by the teacher as a substitute teacher or in a position requiring a valid Minnesota teaching license shall be subtracted. A teacher may decline any offer of employment as a teacher without loss of rights to severance pay.
To determine the amount of severance pay that is due for the first six months following termination of the teacher's salary, the district may require the teacher to provide documented evidence of the teacher's employers and gross earnings during that period. The district must pay the teacher the amount of severance pay it determines to be due from the proceeds of the levy for this purpose. To determine the amount of severance pay that is due for the second six months of the 12 months following the termination of the teacher's salary, the district may require the teacher to provide documented evidence of the teacher's employers and gross earnings during that period. The district must pay the teacher the amount of severance pay it determines to be due from the proceeds of the levy for this purpose.
A teacher who receives severance pay under this subdivision waives all further reinstatement rights under section 122A.40, subdivision 10 or 11. If the teacher receives severance pay, the teacher must not receive credit for any years of service in the district paying severance pay prior to the year in which the teacher becomes eligible to receive severance pay.
The severance pay is subject to section 465.72. The district may levy annually according to section 126C.43 for the severance pay.
Ex1959 c 71 art 1 s 8; 1961 c 562 s 8; 1975 c 162 s 2; 1986 c 444; 1988 c 718 art 7 s 17; 1990 c 596 s 1,2; 1991 c 130 s 37; 1991 c 265 art 6 s 1; 1992 c 499 art 12 s 29; 1996 c 305 art 1 s 138; 1996 c 412 art 9 s 19; art 13 s 4; 1998 c 397 art 1 s 28,58; art 11 s 3; 1999 c 241 art 10 s 8; 2008 c 363 art 2 s 11
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.