Subdivision 1. Responsibility allocated. Responsibility for special instruction and services for a blind/visually impaired or deaf/hard-of-hearing child attending the Minnesota State Academy for the Deaf or the Minnesota State Academy for the Blind must be determined in subdivisions 2 to 10.
Subd. 2. Child's legal residence. The legal residence of the child is the district in which the child's parent or guardian resides.
Subd. 3. Educational program; tuition. (a) When it is determined pursuant to section 125A.69, subdivision 1 or 2, that the child is entitled to attend either school, the board of the Minnesota State Academies must provide the appropriate educational program for the child.
(b) For fiscal year 2006, the board of the Minnesota State Academies must make a tuition charge to the child's district of residence for the cost of providing the program. The amount of tuition charged must not exceed the sum of (1) the general education revenue formula allowance times the pupil unit weighting factor pursuant to section 126C.05 for that child, for the amount of time the child is in the program, plus (2), if the child was enrolled at the Minnesota State Academies on October 1 of the previous fiscal year, the compensatory education revenue attributable to that child under section 126C.10, subdivision 3. The district of the child's residence must pay the tuition and may claim general education aid for the child. Tuition received by the board of the Minnesota State Academies, except for tuition for compensatory education revenue under this paragraph and tuition received under subdivision 4, must be deposited in the state treasury as provided in subdivision 8.
(c) For fiscal year 2007 and later, the district of the child's residence shall claim general education revenue for the child, except as provided in this paragraph. Notwithstanding section 127A.47, subdivision 1, an amount equal to the general education revenue formula allowance times the pupil unit weighting factor pursuant to section 126C.05 for that child for the amount of time the child is in the program, as adjusted according to subdivision 8, paragraph (d), must be paid to the Minnesota State Academies. Notwithstanding section 126C.15, subdivision 2, paragraph (d), the compensatory education revenue under section 126C.10, subdivision 3, attributable to children enrolled at the Minnesota State Academies on October 1 of the previous fiscal year must be paid to the Minnesota State Academies. General education aid paid to the Minnesota State Academies under this paragraph must be credited to their general operation account. Other general education aid attributable to the child must be paid to the district of the child's residence.
Subd. 4. Unreimbursed costs. (a) For fiscal year 2006, in addition to the tuition charge allowed in subdivision 3, the academies may charge the child's district of residence for the academy's unreimbursed cost of providing an instructional aide assigned to that child, after deducting the special education aid under section 125A.76, attributable to the child, if that aide is required by the child's individualized education program. Tuition received under this paragraph must be used by the academies to provide the required service.
(b) For fiscal year 2008 and later, the special education aid paid to the academies shall be increased by the academy's unreimbursed cost of providing one to one instructional and behavioral management aides assigned to a child, after deducting the special education aid under section 125A.76 attributable to the child, if the aides are required by the child's individualized education program. Aid received under this paragraph must be used by the academies to provide the required service.
(c) For fiscal year 2008 and later, the special education aid paid to the district of the child's residence shall be reduced by the amount paid to the academies for district residents under paragraph (b).
(d) Notwithstanding section 127A.45, subdivision 3, beginning in fiscal year 2008, the commissioner shall make an estimated final adjustment payment to the Minnesota State Academies for general education aid and special education aid for the prior fiscal year by August 15.
(e) For fiscal year 2007, the academies may retain receipts received through mutual agreements with school districts for one to one behavior management aides.
Subd. 5. Providing appropriate educational programs. When it is determined that the child can benefit from public school enrollment but that the child should also remain in attendance at the applicable school, the district where the institution is located must provide an appropriate educational program for the child and must make a tuition charge to the board of the Minnesota State Academies for the actual cost of providing the program, less any amount of aid received pursuant to section 125A.75. The board of the Minnesota State Academies must pay the tuition and other program costs including the unreimbursed transportation costs. Aids for children with a disability must be paid to the district providing the special instruction and services. Special transportation must be provided by the district providing the educational program and the state must reimburse that district within the limits provided by law.
Subd. 6. Tuition reduction. Notwithstanding the provisions of subdivisions 3 and 5, the board of the Minnesota State Academies may agree to make a tuition charge, or receive an aid adjustment, as applicable, for less than the amount specified in subdivision 3 for pupils attending the applicable school who are residents of the district where the institution is located and who do not board at the institution, if that district agrees to make a tuition charge to the board of the Minnesota State Academies for less than the amount specified in subdivision 5 for providing appropriate educational programs to pupils attending the applicable school.
Subd. 7. Staff allocation. Notwithstanding the provisions of subdivisions 3 and 5, the board of the Minnesota State Academies may agree to supply staff from the Minnesota State Academy for the Deaf and the Minnesota State Academy for the Blind to participate in the programs provided by the district where the institutions are located when the programs are provided to students in attendance at the state schools.
Subd. 8. Student count; tuition. (a) On May 1, 1996, and each year thereafter, the board of the Minnesota State Academies shall count the actual number of Minnesota resident special education eligible students enrolled and receiving education services at the Minnesota State Academy for the Deaf and the Minnesota State Academy for the Blind.
(b) For fiscal year 2006, the board of the Minnesota State Academies shall deposit in the state treasury an amount equal to all tuition received for the basic revenue according to subdivision 3, less the amount calculated in paragraph (c).
(c) For fiscal year 2006, the Minnesota State Academies shall credit to their general operation account an amount equal to the tuition received which represents tuition earned for the total number of students over 175 based on:
(1) the total number of enrolled students on May 1 less 175; times
(2) the ratio of the number of students in that grade category to the total number of students on May 1; times
(3) the general education revenue formula allowance; times
(4) the pupil unit weighting factor pursuant to section 126C.05.
(d) For fiscal year 2007 and later, the Minnesota State Academies shall report to the department the number of students by grade level counted according to paragraph (a). The amount paid to the Minnesota State Academies under subdivision 3, paragraph (c), must be reduced by an amount equal to:
(1) the ratio of 175 to the total number of students on May 1; times
(2) the total basic revenue determined according to subdivision 3, paragraph (c).
Subd. 9. Calculation. The sum provided by the calculation in subdivision 8 must be deposited in the state treasury and credited to the general operation account of the Minnesota State Academy for the Deaf and the Minnesota State Academy for the Blind.
Subd. 10. Annual appropriation. There is annually appropriated to the department for the Minnesota State Academies the tuition or aid payment amounts received and credited to the general operation account of the academies under this section. A balance in an appropriation under this paragraph does not cancel but is available in successive fiscal years.
Subd. 11. Third-party reimbursement. The Minnesota State Academies must seek reimbursement under section 125A.21 from third parties for the cost of services provided by the Minnesota State Academies whenever the services provided are otherwise covered by a child's public or private health plan.
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 35,164; art 11 s 3; 1998 c 398 art 6 s 1; 1999 c 241 art 2 s 22-27; 2002 c 374 art 4 s 2-5; 2006 c 263 art 5 s 1-5; 2008 c 363 art 2 s 16,17; 1Sp2011 c 11 art 3 s 12
Structure Minnesota Statutes
Chapters 120 - 129C — Education Code: Prekindergarten - Grade 12
Chapter 125A — Special Education And Special Programs
Section 125A.01 — Definitions.
Section 125A.02 — Child With A Disability Defined.
Section 125A.023 — State Agency Coordination Responsibilities.
Section 125A.027 — Local Agency Coordination Responsibilities.
Section 125A.03 — Special Instruction For Children With A Disability.
Section 125A.04 — High School Diploma.
Section 125A.06 — Blind Persons' Literacy Rights.
Section 125A.08 — Individualized Education Programs.
Section 125A.083 — Student Information Systems; Transferring Records.
Section 125A.091 — Alternative Dispute Resolution And Due Process Hearings.
Section 125A.094 — Restrictive Procedures For Children With Disabilities.
Section 125A.0941 — Definitions.
Section 125A.0942 — Standards For Restrictive Procedures.
Section 125A.11 — Special Instructions For Nonresident Children.
Section 125A.12 — Attendance In Another District.
Section 125A.125 — Report On Homeless Children Served.
Section 125A.13 — School Of Parents' Choice.
Section 125A.14 — Extended School Year.
Section 125A.15 — Placement In Another District; Responsibility.
Section 125A.155 — Special Education Reciprocity; Commissioner Duties.
Section 125A.17 — Legal Residence Of A Child With A Disability Placed In A Foster Facility.
Section 125A.18 — Special Instruction; Nonpublic Schools.
Section 125A.19 — Nonresident Education; Billing.
Section 125A.20 — Transportation Aid Agreements.
Section 125A.21 — Third-party Payment.
Section 125A.22 — Community Transition Interagency Committee.
Section 125A.23 — Agency Access To Nonpublic Data.
Section 125A.24 — Parent Advisory Councils.
Section 125A.25 — Legislative Commitment To Conciliation.
Section 125A.259 — Citation; Interagency Early Childhood Intervention System.
Section 125A.27 — Definitions.
Section 125A.28 — State Interagency Coordinating Council.
Section 125A.29 — Responsibilities Of County Boards And School Boards.
Section 125A.30 — Interagency Early Intervention Committees.
Section 125A.31 — Local Primary Agency.
Section 125A.32 — Individualized Family Service Plan (ifsp).
Section 125A.33 — Service Coordination.
Section 125A.34 — Early Intervention Respite Services.
Section 125A.35 — Early Intervention Service Dollars.
Section 125A.36 — Payment For Services.
Section 125A.37 — Payor Of Last Resort.
Section 125A.38 — Maintenance Of Effort.
Section 125A.39 — Local Interagency Agreements.
Section 125A.40 — Third-party Payment.
Section 125A.41 — Coordinating Health Insurance Benefits.
Section 125A.42 — Procedural Safeguards; Parent And Child Rights.
Section 125A.43 — Mediation Procedure.
Section 125A.44 — Complaint Procedure.
Section 125A.45 — Interagency Dispute Procedure.
Section 125A.46 — Due Process Hearings.
Section 125A.48 — State Interagency Agreement.
Section 125A.50 — Alternative Delivery Of Specialized Instructional Services.
Section 125A.51 — Placement Of Children Without Disabilities; Education And Transportation.
Section 125A.515 — Placement Of Students; Approval Of Education Program.
Section 125A.53 — Director Of A Special Education Cooperative.
Section 125A.55 — Accommodating Students With Disabilities.
Section 125A.56 — Alternate Instruction Required Before Assessment Referral.
Section 125A.58 — Purchasing Guidelines.
Section 125A.59 — Interagency Agreement To Purchase Used Assistive Technology Devices.
Section 125A.60 — Purchase Agreement; Price Formula.
Section 125A.61 — Location And Status.
Section 125A.62 — Duties Of The Board Of The Minnesota State Academies.
Section 125A.63 — Resources; Deaf Or Hard-of-hearing And Blind Or Visually Impaired.
Section 125A.64 — Powers Of Board Of The Minnesota State Academies.
Section 125A.65 — Attendance At Academies For The Deaf And Blind.
Section 125A.66 — Obligations Of The Academies.
Section 125A.67 — Staff Of The Academies.
Section 125A.68 — State Adopted Procedures.
Section 125A.69 — Admission Standards.
Section 125A.70 — Expense Of Pupils.
Section 125A.71 — Deposit And Appropriation Of Rents And Fees Of Academies.
Section 125A.72 — Student Activities Account.
Section 125A.73 — Duties Of State Departments.
Section 125A.74 — Medical Assistance Payments To School Districts.
Section 125A.744 — Statewide Data Management System To Maximize Medical Assistance Reimbursement.
Section 125A.75 — Special Education Programs; Approval; Aid Payments; Travel Aid; Litigation Costs.
Section 125A.76 — Special Education Aid.