1.1                          A bill for an act 
  1.2             relating to education finance; including certain 
  1.3             residential costs for the Lakeview residential program 
  1.4             in the tuition amounts billed to resident school 
  1.5             districts; amending Minnesota Statutes 2000, section 
  1.6             125A.15. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 125A.15, is 
  1.9   amended to read: 
  1.10     125A.15 [PLACEMENT IN ANOTHER DISTRICT; RESPONSIBILITY.] 
  1.11     The responsibility for special instruction and services for 
  1.12  a 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 district of residence of a child shall be the 
  1.16  district in which the child's parent resides, if living, or the 
  1.17  child's guardian, or the district designated by the commissioner 
  1.18  if neither parent nor guardian is living within the state. 
  1.19     (b) When a child is temporarily placed for care and 
  1.20  treatment in a day program located in another district and the 
  1.21  child continues to live within the district of residence during 
  1.22  the care and treatment, the district of residence is responsible 
  1.23  for providing transportation to and from the care and treatment 
  1.24  facility and an appropriate educational program for the child.  
  1.25  Transportation shall only be provided by the district during 
  1.26  regular operating hours of the district.  The district may 
  2.1   provide the educational program at a school within the district 
  2.2   of residence, at the child's residence, or in the district in 
  2.3   which the day treatment center is located by paying tuition to 
  2.4   that district. 
  2.5      (c) When a child is temporarily placed in a residential 
  2.6   program for care and treatment, the nonresident district in 
  2.7   which the child is placed is responsible for providing an 
  2.8   appropriate educational program for the child and necessary 
  2.9   transportation while the child is attending the educational 
  2.10  program; and must bill the district of the child's residence for 
  2.11  the actual cost of providing the program, as outlined in section 
  2.12  125A.11, except as provided in paragraph (d).  However, the 
  2.13  board, lodging, and treatment costs incurred in behalf of a 
  2.14  child with a disability placed outside of the school district of 
  2.15  residence by the commissioner of human services or the 
  2.16  commissioner of corrections or their agents, for reasons other 
  2.17  than providing for the child's special educational needs must 
  2.18  not become the responsibility of either the district providing 
  2.19  the instruction or the district of the child's residence.  For 
  2.20  the purposes of this section, the state correctional facilities 
  2.21  operated on a fee-for-service basis are considered to be 
  2.22  residential programs for care and treatment. 
  2.23     (d) A privately owned and operated residential facility may 
  2.24  enter into a contract to obtain appropriate educational programs 
  2.25  for special education children and services with a joint powers 
  2.26  entity.  The entity with which the private facility contracts 
  2.27  for special education services shall be the district responsible 
  2.28  for providing students placed in that facility an appropriate 
  2.29  educational program in place of the district in which the 
  2.30  facility is located.  If a privately owned and operated 
  2.31  residential facility does not enter into a contract under this 
  2.32  paragraph, then paragraph (c) applies. 
  2.33     (e) The district of residence shall pay tuition and other 
  2.34  program costs, not including transportation costs, to the 
  2.35  district providing the instruction and services.  Other program 
  2.36  costs include any unreimbursed costs of board or lodging 
  3.1   provided to students at the Lakeview residential program.  The 
  3.2   district of residence may claim general education aid for the 
  3.3   child as provided by law.  Transportation costs must be paid by 
  3.4   the district responsible for providing the transportation and 
  3.5   the state must pay transportation aid to that district. 
  3.6      <b>[EFFECTIVE DATE.]</b> This section is effective for services 
  3.7   provided after June 30, 2001.