1.1    .................... moves to amend the delete everything amendment (H3316DE3) to H.
1.2F. No. 3316, as follows:
1.3Page 57, after line 31, insert:

1.4    "Sec. 3. Minnesota Statutes 2006, section 125A.15, is amended to read:
1.5125A.15 PLACEMENT IN ANOTHER DISTRICT; RESPONSIBILITY.
1.6    The responsibility for special instruction and services for a child with a disability
1.7temporarily placed in another district for care and treatment shall be determined in the
1.8following manner:
1.9    (a) The district of residence of a child shall be the district in which the child's parent
1.10resides, if living, or the child's guardian, or the district designated by the commissioner if
1.11neither parent nor guardian is living within the state.
1.12    (b) If a district other than the resident district places a pupil for care and treatment,
1.13the district placing the pupil must notify and give the resident district an opportunity to
1.14participate in the placement decision. When an immediate emergency placement of a
1.15pupil is necessary and time constraints foreclose a resident district from participating in
1.16the emergency placement decision, the district in which the pupil is temporarily placed
1.17must notify the resident district of the emergency placement within 15 days. The resident
1.18district has up to five business days after receiving notice of the emergency placement
1.19to request an opportunity to participate in the placement decision, which the placing
1.20district must then provide.
1.21    (c) When a child is temporarily placed for care and treatment in a day program
1.22located in another district and the child continues to live within the district of residence
1.23during the care and treatment, the district of residence is responsible for providing
1.24transportation to and from the care and treatment facility program and an appropriate
1.25educational program for the child. The resident district may establish reasonable
1.26restrictions on transportation, except if a Minnesota court or agency orders the child
1.27placed at a day care and treatment program and the resident district receives a copy of
2.1the order, then the resident district must provide transportation to and from the program
2.2unless the court or agency orders otherwise. Transportation shall only be provided by the
2.3resident district during regular operating hours of the resident district. The resident district
2.4may provide the educational program at a school within the district of residence, at the
2.5child's residence, or in the district in which the day treatment center is located by paying
2.6tuition to that district.
2.7    (c) (d) When a child is temporarily placed in a residential program for care and
2.8treatment, the nonresident district in which the child is placed is responsible for providing
2.9an appropriate educational program for the child and necessary transportation while the
2.10child is attending the educational program; and must bill the district of the child's residence
2.11for the actual cost of providing the program, as outlined in section 125A.11, except as
2.12provided in paragraph (d). However, the board, lodging, and treatment costs incurred in
2.13behalf of a child with a disability placed outside of the school district of residence by the
2.14commissioner of human services or the commissioner of corrections or their agents, for
2.15reasons other than providing for the child's special educational needs must not become the
2.16responsibility of either the district providing the instruction or the district of the child's
2.17residence. For the purposes of this section, the state correctional facilities operated on a
2.18fee-for-service basis are considered to be residential programs for care and treatment.
2.19    (d) A privately owned and operated residential facility may enter into a contract
2.20to obtain appropriate educational programs for special education children and services
2.21with a joint powers entity. The entity with which the private facility contracts for special
2.22education services shall be the district responsible for providing students placed in that
2.23facility an appropriate educational program in place of the district in which the facility is
2.24located. If a privately owned and operated residential facility does not enter into a contract
2.25under this paragraph, then paragraph (c) applies.
2.26    (e) The district of residence shall pay tuition and other program costs, not including
2.27transportation costs, to the district providing the instruction and services. The district of
2.28residence may claim general education aid for the child as provided by law. Transportation
2.29costs must be paid by the district responsible for providing the transportation and the state
2.30must pay transportation aid to that district.
2.31EFFECTIVE DATE.This section is effective the day after final enactment.

2.32    Sec. 4. Minnesota Statutes 2006, section 125A.51, is amended to read:
2.33125A.51 PLACEMENT OF CHILDREN WITHOUT DISABILITIES;
2.34EDUCATION AND TRANSPORTATION.
3.1    The responsibility for providing instruction and transportation for a pupil without a
3.2disability who has a short-term or temporary physical or emotional illness or disability, as
3.3determined by the standards of the commissioner, and who is temporarily placed for care
3.4and treatment for that illness or disability, must be determined as provided in this section.
3.5    (a) The school district of residence of the pupil is the district in which the pupil's
3.6parent or guardian resides.
3.7    (b) When parental rights have been terminated by court order, the legal residence
3.8of a child placed in a residential or foster facility for care and treatment is the district in
3.9which the child resides.
3.10    (c) Before the placement of a pupil for care and treatment, the district of residence
3.11must be notified and provided an opportunity to participate in the placement decision.
3.12When an immediate emergency placement is necessary and time does not permit
3.13resident district participation in the placement decision, the district in which the pupil is
3.14temporarily placed, if different from the district of residence, must notify the district
3.15of residence of the emergency placement within 15 days of the placement. When a
3.16nonresident district makes an emergency placement without first consulting with the
3.17resident district, the resident district has up to five business days after receiving notice
3.18of the emergency placement to request on opportunity to participate in the placement
3.19decision, which the placing district must then provide.
3.20    (d) When a pupil without a disability is temporarily placed for care and treatment
3.21in a day program and the pupil continues to live within the district of residence during
3.22the care and treatment, the district of residence must provide instruction and necessary
3.23transportation to and from the care and treatment facility program for the pupil. The
3.24resident district may establish reasonable restrictions on transportation, except if a
3.25Minnesota court or agency orders the child placed at a day care and treatment program
3.26and the resident district receives a copy of the order, then the resident district must provide
3.27transportation to and from the program unless the court or agency orders otherwise.
3.28Transportation shall only be provided by the resident district during regular operating
3.29hours of the resident district. The resident district may provide the instruction at a school
3.30within the district of residence, at the pupil's residence, or in the case of a placement
3.31outside of the resident district, in the district in which the day treatment program is located
3.32by paying tuition to that district. The district of placement may contract with a facility to
3.33provide instruction by teachers licensed by the state Board of Teaching.
3.34    (e) When a pupil without a disability is temporarily placed in a residential program
3.35for care and treatment, the district in which the pupil is placed must provide instruction
3.36for the pupil and necessary transportation while the pupil is receiving instruction, and in
4.1the case of a placement outside of the district of residence, the nonresident district must
4.2bill the district of residence for the actual cost of providing the instruction for the regular
4.3school year and for summer school, excluding transportation costs.
4.4    (f) Notwithstanding paragraph (e), if the pupil is homeless and placed in a public or
4.5private homeless shelter, then the district that enrolls the pupil under section 127A.47,
4.6subdivision 2 , shall provide the transportation, unless the district that enrolls the pupil
4.7and the district in which the pupil is temporarily placed agree that the district in which
4.8the pupil is temporarily placed shall provide transportation. When a pupil without a
4.9disability is temporarily placed in a residential program outside the district of residence,
4.10the administrator of the court placing the pupil must send timely written notice of the
4.11placement to the district of residence. The district of placement may contract with a
4.12residential facility to provide instruction by teachers licensed by the state Board of
4.13Teaching. For purposes of this section, the state correctional facilities operated on a
4.14fee-for-service basis are considered to be residential programs for care and treatment.
4.15    (g) The district of residence must include the pupil in its residence count of pupil
4.16units and pay tuition as provided in section 123A.488 to the district providing the
4.17instruction. Transportation costs must be paid by the district providing the transportation
4.18and the state must pay transportation aid to that district. For purposes of computing state
4.19transportation aid, pupils governed by this subdivision must be included in the disabled
4.20transportation category if the pupils cannot be transported on a regular school bus route
4.21without special accommodations.
4.22EFFECTIVE DATE.This section is effective the day after final enactment."
4.23Renumber the sections in sequence and correct the internal references
4.24Amend the title accordingly