1.1                          A bill for an act 
  1.2             relating to adding Sauk Centre and Thistledew 
  1.3             correctional facilities to certain provisions 
  1.4             regarding residential programs; amending Minnesota 
  1.5             Statutes 1996, section 120.17, subdivision 6; 
  1.6             Minnesota Statutes 1997 Supplement, section 120.181. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 120.17, 
  1.9   subdivision 6, is amended to read: 
  1.10     Subd. 6.  [PLACEMENT IN ANOTHER DISTRICT; RESPONSIBILITY.] 
  1.11  The responsibility for special instruction and services for a 
  1.12  child with a disability temporarily placed in another district 
  1.13  for care and treatment shall be determined in the following 
  1.14  manner: 
  1.15     (a) The school district of residence of a child shall be 
  1.16  the district in which the child's parent resides, if living, or 
  1.17  the child's guardian, or the district designated by the 
  1.18  commissioner of children, families, and learning if neither 
  1.19  parent nor guardian is living within the state. 
  1.20     (b) When a child is temporarily placed for care and 
  1.21  treatment in a day program located in another district and the 
  1.22  child continues to live within the district of residence during 
  1.23  the care and treatment, the district of residence is responsible 
  1.24  for providing transportation and an appropriate educational 
  1.25  program for the child.  The district may provide the educational 
  1.26  program at a school within the district of residence, at the 
  2.1   child's residence, or in the district in which the day treatment 
  2.2   center is located by paying tuition to that district. 
  2.3      (c) When a child is temporarily placed in a residential 
  2.4   program for care and treatment, the nonresident district in 
  2.5   which the child is placed is responsible for providing an 
  2.6   appropriate educational program for the child and necessary 
  2.7   transportation while the child is attending the educational 
  2.8   program; and shall bill the district of the child's residence 
  2.9   for the actual cost of providing the program, as outlined in 
  2.10  subdivision 4, except that the board, lodging, and treatment 
  2.11  costs incurred in behalf of a child with a disability placed 
  2.12  outside of the school district of residence by the commissioner 
  2.13  of human services or the commissioner of corrections or their 
  2.14  agents, for reasons other than for making provision for the 
  2.15  child's special educational needs shall not become the 
  2.16  responsibility of either the district providing the instruction 
  2.17  or the district of the child's residence.  For purposes of this 
  2.18  section, the state correctional facilities at Sauk Centre and 
  2.19  Thistledew are considered to be residential programs for care 
  2.20  and treatment. 
  2.21     (d) The district of residence shall pay tuition and other 
  2.22  program costs, not including transportation costs, to the 
  2.23  district providing the instruction and services.  The district 
  2.24  of residence may claim general education aid for the child as 
  2.25  provided by law.  Transportation costs shall be paid by the 
  2.26  district responsible for providing the transportation and the 
  2.27  state shall pay transportation aid to that district. 
  2.28     Sec. 2.  Minnesota Statutes 1997 Supplement, section 
  2.29  120.181, is amended to read: 
  2.30     120.181 [PLACEMENT OF CHILDREN WITHOUT DISABILITIES; 
  2.31  EDUCATION AND TRANSPORTATION.] 
  2.32     The responsibility for providing instruction and 
  2.33  transportation for a pupil without a disability who has a 
  2.34  short-term or temporary physical or emotional illness or 
  2.35  disability, as determined by the standards of the state board, 
  2.36  and who is temporarily placed for care and treatment for that 
  3.1   illness or disability, shall be determined as provided in this 
  3.2   section.  
  3.3      (a) The school district of residence of the pupil shall be 
  3.4   the district in which the pupil's parent or guardian resides, or 
  3.5   when neither the pupil's parent nor guardian resides within the 
  3.6   state and tuition has been denied, the district designated by 
  3.7   the commissioner of children, families, and learning.  
  3.8      (b) Prior to the placement of a pupil for care and 
  3.9   treatment, the district of residence shall be notified and 
  3.10  provided an opportunity to participate in the placement 
  3.11  decision.  When an immediate emergency placement is necessary 
  3.12  and time does not permit resident district participation in the 
  3.13  placement decision, the district in which the pupil is 
  3.14  temporarily placed, if different from the district of residence, 
  3.15  shall notify the district of residence of the emergency 
  3.16  placement within 15 days of the placement.  
  3.17     (c) When a pupil without a disability is temporarily placed 
  3.18  for care and treatment in a day program and the pupil continues 
  3.19  to live within the district of residence during the care and 
  3.20  treatment, the district of residence shall provide instruction 
  3.21  and necessary transportation for the pupil.  The district may 
  3.22  provide the instruction at a school within the district of 
  3.23  residence, at the pupil's residence, or in the case of a 
  3.24  placement outside of the resident district, in the district in 
  3.25  which the day treatment program is located by paying tuition to 
  3.26  that district.  The district of placement may contract with a 
  3.27  facility to provide instruction by teachers licensed by the 
  3.28  state board of teaching.  
  3.29     (d) When a pupil without a disability is temporarily placed 
  3.30  in a residential program for care and treatment, the district in 
  3.31  which the pupil is placed shall provide instruction for the 
  3.32  pupil and necessary transportation while the pupil is receiving 
  3.33  instruction, and in the case of a placement outside of the 
  3.34  district of residence, the nonresident district shall bill the 
  3.35  district of residence for the actual cost of providing the 
  3.36  instruction for the regular school year and for summer school, 
  4.1   excluding transportation costs.  When a pupil without a 
  4.2   disability is temporarily placed in a residential program 
  4.3   outside the district of residence, the administrator of the 
  4.4   court placing the pupil shall send timely written notice of the 
  4.5   placement to the district of residence.  The district of 
  4.6   placement may contract with a residential facility to provide 
  4.7   instruction by teachers licensed by the state board of 
  4.8   teaching.  For purposes of this section, the state correctional 
  4.9   facilities at Sauk Centre and Thistledew are considered to be 
  4.10  residential programs for care and treatment. 
  4.11     (e) The district of residence shall include the pupil in 
  4.12  its residence count of pupil units and pay tuition as provided 
  4.13  in section 124.18 to the district providing the instruction.  
  4.14  Transportation costs shall be paid by the district providing the 
  4.15  transportation and the state shall pay transportation aid to 
  4.16  that district.  For purposes of computing state transportation 
  4.17  aid, pupils governed by this subdivision shall be included in 
  4.18  the disabled transportation category.