5.05 Attendance Outside Resident Public School

5.05.01 Educational Options

Legal Citations

A. School of Parent's Choice

Nothing in this chapter must be construed as preventing parents of a child with a disability from sending the child to a school of their choice, if they so elect, subject to admission standards and policies adopted according to sections 125A.62 to 125A.64 and 125A.66 to 125A.73, and all other provisions of chapters 120A to 129C. Minn. Stat. § 125A.13.

B. Pupils Placed Through Education Choice Options

When a pupil is placed outside of the district of residence by the parent or pupil for the purpose of education and in accordance with a statutory education choice enrollment act, the resident district shall be responsible for assuming the cost of the education program when notified in accordance with Minnesota Statutes, section 127A.47, subdivision 5. The providing district shall be responsible for assuring that an appropriate program is available for the pupil including the notice and hearing provisions. Responsibility for transportation costs between the pupil's home and the providing school district shall be determined in accordance with Minnesota Statutes. Minn. R. 3525.0800, subp. 8.

C. Child with a Disability Placed in a Private School by the District

Each SEA must ensure that a child with a disability who is placed in or referred to a private school or facility by a public agency -

(a) Is provided special education and related services -

(1) In conformance with an IEP that meets the requirements of §§ 300.320 through 300.325; and

(2) At no cost to parents;

(b) Is provided an education that meets the standards that apply to education provided by the SEA and LEAs including the requirements of this part except for § 300.18 and § 300.156(c); and

State and local funds may supplement and in no case supplant the proportionate content of Federal funds required to be expended for parentally-placed private school children with disabilities under this part. 34 C.F.R. § 300.133(d).

D. Attendance in Another District

No resident of a district who is eligible for special instruction and services pursuant to this section, may be denied provision of this instruction and service because of attending a public school in another district pursuant to § 123B.88, subdivision 5, if the attendance is not subject to §§ 124D.06, 124D.07 or 124D.08. If the pupil attends a public school located in a contiguous district and the district of attendance does not provide special instruction and services, the district of residence must provide necessary transportation for the pupil between the boundary of the district of residence and the educational facility where special instruction and services are provided within the district of residence. The district of residence may provide necessary transportation for the pupil between its boundary and the school attended in the contiguous district, but must not pay the cost of transportation provided outside the boundary of the district of residence. Minn. Stat. § 125A.12.

E. Placement in a Minnesota Academy

See 5.10 for Admission Standards and Obligations of the Academies

F. Nonpublic School

Parentally-placed private school children with disabilities means children with disabilities enrolled by their parents in private, including religious, schools or facilities that meet the definition of elementary school in § 300.13 or secondary school in §300.36, other than children with disabilities covered under §§ 300.145 through 300.147. 34 C.F.R. §300.130.

"Nonpublic School" means any school, church or religious organization, or home school wherein a resident of Minnesota may legally fulfill the compulsory instruction requirements of § 120A.22, which is located within the state, and which meets the requirements of Title VI of the Civil Rights Act of 1964 (Public Law Number 88-352). It does not mean a public school. Minn. Stat. § 123B.41, subd. 9.

G. Charter School

Children with disabilities who attend public charter schools and their parents retain all rights under this part. 34 C.F.R. § 300.209(a).