11.01 District Responsibility for Transportation of Pupils with Disabilities

11.01.01 Free Transportation

Under the provisions of Minnesota Statutes, sections 125A.03 to 125A.24, school districts are required to provide special education and services for school age residents with disabilities. Accordingly, free transportation services shall be provided to any such child with a disability who requires special transportation services because of the child's disabling conditions and/or special program needs.

These rules shall apply when the disabling conditions of the child are such that the child cannot be safely transported on the regular school bus route and/or when the child is transported on a special route for the purpose of attending an approved special education program. These rules shall not be applicable to parents who transport their own child under contract with a school district.

Minn. R. 7470.1600, subp. 1

Transportation is usually not addressed on the IEP unless special transportation is required because of the student's disability. Appropriate transportation accommodations must be specified and written into the IEP or 504 Accommodation Plan. It is critical when special transportation is determined by the IEP team to be needed, that the Case Manager inform the district MARSS secretary that special transportation will be provided by the district so that it may be properly coded..

Transportation by Parent

Transporting students with disabilities who require special transportation is the responsibility of the school district. A district may ask but cannot require parents to transport. However, transportation by the parents through a contractual agreement is one alternative that can be explored.  In some instances parents may be willing or even prefer to transport their child themselves.  If, however the school district offers reasonable transportation, and the parent's decline the offer, the district is not obligated to reimburse the parents for transportation.

If the parents agree to transport their child, the district should treat the transportation arrangement as it would any other contractual agreement, i.e., reimbursement and other considerations as determined through negotiation and district policy.  Such a contractual agreement, however, does not eliminate the district's responsibility to ensure safe transportation for the students.  It may be prudent on the part of the district to check the driving record of all drivers who might transport the student in the family vehicle. Also, the district may require that the owner of the vehicle carry adequate and current insurance on the vehicle and its occupants.

Transportation of ECSE Children

The district must provide transportation to and from the home of a child with a disability not yet enrolled in kindergarten when special instruction and services are provided in a location other than in the child's home.

Minn. Statute 123B.88

Children with disabilities are eligible for transportation services from birth or whenever transportation services are required by their IFSP or IEP. Because large school buses are usually not equipped with factory-installed seat belts, school district personnel should work with the parents to determine whether a car seat is safe and appropriate for transporting their child in a school bus. The decision to carry a child on or off the bus is made on an individual basis and should be specified in the child's IFSP or IEP.  Assistance may be required if the child is very young or if their physical limitations would suggest a safety concern. For further guidance refer to Transportation for Students with Disabilities in Minnesota 

Revocation of Bus Privileges
Transportation by school bus is a privilege not a right for an eligible student. A student's eligibility to ride a school bus may be revoked for a violation of school bus safety or conduct policies, or for violation of any other law governing student conduct on a school bus, pursuant to a written school district discipline policy. Revocation of a student's bus riding privilege is not an exclusion, expulsion, or suspension under the Pupil Fair Dismissal Act. Revocation procedures for a student who is an individual with a disability are governed by these provisions with the following conditions:

• If transportation is listed as a related service on a student's IEP or 504 Accommodation Plan, the district must provide alternative transportation if school bus privileges are revoked. A related service may not be taken away without due process, which means a team meeting and parent agreement.

• If a student's IEP or 50r team determines the student's behavior is a manifestation of a disability, it could be unfairly discriminatory to revoke all transportation options, if it meant the student could not attend school for more than 10 consecutive school days.

• Disciplinary action by the bus driver or a bus assistant must comply with all provisions on student's IEP or 504 plan, if there are any such provisions. Except for an emergency situation, the bus driver or assistant may not improvise their own disciplinary procedures, which would conflict with an IEP or 504 plan.
  

11.01.02 Appeal Process

Any parent of a child with a disability who believes that the transportation services provided for that child are not in compliance with these rules may utilize the due process procedures provided for in Minnesota Statutes, sections 125A.03 to 125A.24

Minn. R. 7470.1600, subp.2

If a parent believes the school district is not providing appropriate transportation services for their child with a disability, the parent should discuss the matter with the child's IEP case manager. The issue can usually be resolved at an IEP meeting. If the matter cannot be resolved, the IEP team is encouraged to contact the district Special Education Director to assist in resolving the issue.

11.1.3 Length of Time in Transit

The length of time a child with a disability is transported shall be appropriate to the physical, mental and emotional well-being of the child. In general, a child with a disability should not spend more time in transit than a child without a disability except as may be required because of the unique location of the child's educational program.

Minn. R. 7470.1600, subp. 3

11.01.04 Type of Vehicle

The school district shall determine the type of vehicle used to transport pupils with a disability on the basis of the disabling conditions of those pupils. these vehicles must comply with Minnesota Statutes, section 169.4504.

Minn. R. 7470.1600, subp 4.

11.01.05 Determination of Additional Assistance

Vehicles used to transport pupils with a disability shall be equipped with a two-way communications system and/or have a responsible aide, or both, to provide necessary assistance and supervision which cannot safely be provided by the driver. A school district may determine that neither a communication system nor an aide is required. The determination of whether a communication system and/or aide are required must reflect the needs of the pupils and be based on such factors as disabilities of pupils transported, distance traveled, density of population, terrain, and any other factors which may affect the safety of the pupil passengers. Exceptions to this paragraph may be made upon mutual agreement between the parents and the school district.
 
Minn R. 7470.1600, subp. 5

It is generally the parents' responsibility to have their child meet the school bus at the street, curb, or driveway, unless that responsibility has been modified and agreed to through the IEP process.  The district is not required to have the bus driver or bus assistant enter the student's residence.  School district policy, however, cannot limit or override special transportation accommodations identified in a student's IEP.

The decision to help a student on or off the bus is made on an individual basis and is specified in the student's IEP.  Assistance may be required if the child is very young or if their physical limitations would suggest a safety concern. For further guidance refer to Transportation for Students with Disabilities in Minnesota 

11.01.06 Special Equipment (See 11.07 for Wheelchair Securement Devices)

Specially adapted seats, support, and/or protective devices shall be provided for all pupils who require such devices to insure their safe transportation. Such devices shall be selected by the school district in consultation with the child's parents and on the basis of the specific needs of the individual child with a disability.

Minn. R. 7470.1700, subp. 6

If transportation accommodations such as specially adapted seats are needed, they must be specified and written into the IEP. If a child displays behavior problems on the bus because of the child's disability, the IEP team should address this issue in the IEP. The plan should include any alternative transportation services that may need to be provided if a child is regularly suspended from the school bus.

11.01.07 Nonacademic Services Include Transportation

Each public agency must take steps, including the provision of supplementary aids and services determined appropriate and necessary by the child's IEP Team, to provide nonacademic and extracurricular services and activities in the manner necessary to afford children with disabilities an equal opportunity for participation in those services and activities.

34 C.F.R. 300.107(a)

Nonacademic and extracurricular services and activities may include counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the public agency, referrals to agencies that provide assistance to individuals with disabilities and employment of students, including both employment by the public agency and assistance in making outside employment available.

34 C.F.R. 300.107(b)

11.02 School District Bus Safety Responsibilities

11.02.01 Comprehensive Policy

Each district in the coop has a comprehensive, written policy governing pupil transportation safety, including transportation of nonpublic school students, when applicable. Each district's policy, at a minimum contains the following information in the district's Student Handbook or as a part of their district's policies and procedures that may be obtained through the district Superintendent:

1. provisions for appropriate student bus safety training under section 123B.90;

2. rules governing student conduct on school buses and in school bus loading and unloading areas;

3. a statement of parent or guardian responsibilities relating to school bus safety;

4. an intradistrict system for reporting school bus accidents or misconduct and a system for dealing with local law enforcement officials in cases of criminal conduct on a school bus;

5. a discipline policy to address violations of school bus safety rules, including procedures for revoking a student's bus riding privileges in cases of serious or repeated misconduct;

6. a system for integrating school bus misconduct records with other discipline records;

7. where applicable, provisions governing bus monitor qualifications, training, and duties;

8. rules governing the use and maintenance of type III vehicles, drivers of type III vehicles, qualifications to drive a type III vehicle, qualifications for a type III vehicle and the circumstances under which a student may be transported in a type III vehicle;

9. operating rules and procedures;

10. emergency procedures;

11. a system for maintaining and inspecting equipment; and

12. any other requirements of the school district.

Minn. Stat. 123B.91, subd.1

11.02.02 School Transportation Safety Director

Each district within the cooperative has a school transportation safety director designated by the district's Superintendent, that oversees and implements pupil transportation safety policies. This director has day-to-day responsibility for pupil transportation safety within the district including transportation of nonpublic school children when provided by the district.

11.03 Drivers and Aides For Pupils with Disabilities

11.03.01 Drivers Generally

Each driver of a vehicle for pupils with a disability shall be carefully selected to assure the driver can perform the requirements of the job. Drivers must be assigned to each route on a regular basis whenever possible. 

Minn. R. 7470.1700, subp. 1

11.03.02 Information Necessary

Each aide assigned to a vehicle transporting pupils with a disability, or driver if no aide is assigned, or both, shall have available to them in the vehicle a typewritten card indicating:

1. the pupil's name and address;

2. the nature of the pupil's disabilities;

3. emergency health care information; and the names and telephone numbers of the pupil's physician, parents, guardians, or custodians, and some person other than the pupil's parents or custodians who can be contacted in case of an emergency.

Minn. R. 7470.1700,subp 2

11.03.03 Training

Each driver and aide assigned to a vehicle transporting pupils with a disability must:

• be instructed in basic first aid and procedures for the pupils under their care;

• within one month after the effective date of assignment, participate in a program  of in-service training on the proper methods for dealing with the specific needs and problems of pupils with disabilities;

• assist pupils with disabilities on and off the bus when necessary for their safe ingress and egress from the bus; and

• ensure that protective safety devices, as required in part 7470.1600, subpart 6 are in use and fastened.

M.R. 7470.1700, Subp. 3C

11.04 General Considerations

11.04.01 Transport of a Person with a Disability to a Developmental Achievement Center

The district must contract with a licensed developmental achievement center attended by a resident student with a disability who fulfills the eligibility requirements of Minn. Stat. 252.23 subd 1, to transport the student with a disability to the developmental achievement center in return for payment by the center of the cost of the transportation, if transportation by the district is in the best interest of the student and is not unreasonably burdensome to the district and if a less expensive, reasonable, alternative means of transporting the student does not exist. If the district and the developmental achievement center are unable to agree to a contract, either the district or the center may appeal to the commissioner to resolve the conflict. All decisions of the commissioner shall be final and binding upon the board and the center.

MN Stat. 123B.88 subd. 4

When a district provides instruction and services in a day program outside the district of residence, the district of residence is responsible for proving transportation. When a district provides instruction and services requiring board and lodging or placement in a residential program outside the district of residence, the nonresident district in which the child is placed is responsible for providing transportation. Transportation costs shall be paid by the district responsible for providing transportation and the state shall pay transportation aid to that district.

Minn. Stat. 125A.11, sub.  2

11.04.02 Transportation of Pupils Receiving Instruction in Nonresident District

The district may provide for the instruction of any resident pupil in another district when inadequate room, distance to school, unfavorable road conditions, or other facts or conditions make attendance in the pupil's own district unreasonably difficult or impractical. The resident district shall pay to the receiving district the tuition agreed upon or charged and may provide transportation; provided the student continues to be a student of the district of residence for the payment of apportionment and other state aids.

MN Stat. 123b.88, sub.4

When a district provides instruction and services in a day program outside the district of residence, the district of residence is responsible for providing transportation. When a district provides instruction and services requiring board and lodging or placement in a residential program outside the district of residence, the nonresident district in which the child is placed is responsible for providing transportation. Transportation costs shall be paid by the district responsible for providing transportation and the state shall pay transportation aid to that district.

MN Stat. 125A.11, subd. 2

If requested, a nonresident district shall transport a nonresident student within its borders and may transport a nonresident pupil within the student's resident district. If a nonresident district decides to transport a nonresident student within the student's resident district, the nonresident district must notify the student's resident district of its decision, in writing, prior to providing transportation.

Minn Stat. 123B88, subd.6

11.04.03 Transportation of Pupils who Attend 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 section 123B.88, subdivision 5, if the attendance is not subject to section 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.

MN. Stat.125A.12

11.04.04 Transportation to and from a Neutral Site for Private School Students

If necessary for the child to benefit from or participate in the services provided for special education, a private school child with a disability must be provided transportation:

• from the child's school or the child's home to a site other than the private school; and

• from the service site to the private school, or to the child's home, depending on the timing of the services.

• The district is not required to provide transportation from the child's home to the private school.

34 C.F.R. 300.456 (b)(1)

11.04.05 Special Instruction; Nonpublic Schools

No resident of a district who is eligible for special instruction and services under this section may be denied instruction and service on a shared time basis consistent with section 126C.19, subdivision 4 , because of attending a nonpublic school defined in section 123B.41, subdivision 9 . If a resident pupil with a disability attends a nonpublic school located within the district of residence, the district must provide necessary transportation for that pupil within the district
between the nonpublic school and the educational facility where special instruction and services are provided on a shared time basis. If a resident pupil with a disability attends a nonpublic school located in another district and if no agreement exists under section 126C.19, subdivision 1 or 2, for providing special instruction and services on a shared time basis to that pupil by the district of attendance and where the special instruction and services are provided within the district of residence, the district of residence must provide necessary transportation for that pupil between the boundary of the district of residence and the educational facility. The district of residence may provide necessary transportation for that pupil between its boundary and the nonpublic school attended, but the nonpublic school must pay the cost of transportation provided outside the district boundary.

Parties serving students on a shared time basis have access to the due process hearing system described under United States Code, title 20, and the complaint system under Code of Federal Regulations, title 34, section 300.660-662. In the event it is determined under these systems that the nonpublic school or staff impeded the public school district's provision of a free appropriate
education, the commissioner may withhold public funds available to the nonpublic school proportionally applicable to that student under section 123B.42

MN Stat.125A.18

11.04.05 Transportation of Students in Open Enrollment Options

If requested by the parent of a pupil, the nonresident district shall provide transportation within the district.

The resident district is not required to provide or pay for transportation between the pupil's residence and the border of the nonresident district. A parent may be reimbursed by the nonresident district for the costs of transportation from the pupil's residence to the border of the nonresident district if the pupil is from a family whose income is at or below the poverty level, as determined by the federal government. The reimbursement may not be paid for more than 250 miles per week. 

At the time a nonresident district notifies a parent or guardian that an application has been accepted , the nonresident district must provide the parent or guardian with the following information regarding the transportation of nonresident pupils under section 123B.88, subdivision 6.

MN Stat..124D.03, subd. 8

11.04.07 Area Learning Center Pupils

Districts may provide bus transportation along school bus routes established to provide non-regular transportation when space is available, for pupils attending programs at an area learning center. The transportation is only permitted between schools and if it does not increase the district's expenditures for transportation. The cost of these services shall be considered part of the authorized cost for non-regular transportation for the purpose of section 123B.9s.

 MN Stat. 123B.88, subd. 13

11.04.08 Charter School Transportation

A charter school by July 1 of its first fiscal year of operation must notify the district in which the school is located and the Department of Education if it will
provide its own transportation or use the transportation services of the district in which it is located for the fiscal year.

If a charter school elects to provide transportation for pupils, the transportation must be provided by the charter school within the district in which the charter school is located. The state must pay transportation aid to the charter school according to section 124D.11, subdivision 2.

For pupils who reside outside the district in which the charter school is located, the charter school is not required to provide or pay for transportation between the pupil's residence and the border of the district in which the charter school is located. A parent may be reimbursed by the charter school for costs of transportation from the pupil's residence to the border of the district in which the charter school is located if the pupil is from a family whose income is at or below the poverty level, as determined by the federal government. The reimbursement may not exceed the pupil's actual cost of transportation or 15 cents per mile traveled, whichever is less. Reimbursement may not be paid for more than 250 miles per week.

At the time a pupil enrolls in a charter school, the charter school must provide the parent or guardian with information regarding the transportation.

If a charter school does not elect to provide transportation, transportation for pupils enrolled at the school must be provided by the district in which the school is located, according to sections 123B.88, subdivision 6, and 124D.03, subdivision 8, for a pupil residing in the same district in which the charter school is located. Transportation may be provided by the district in which the school is located, according to sections 123B.88, subdivision 6, and 124D.03, subdivision 8 , for a pupil residing in a different district. If the district provides the transportation, the scheduling of routes, manner and method of transportation, control and discipline of the pupils, and any other matter relating to the transportation of pupils under this paragraph shall be within the sole discretion, control, and management of the district.

MN Stat. 124D.10 sub. 16

11.04.09 Providing Transportation for Pre-Kdg. Early Childhood Special Education Pupils

The board must provide transportation to and from the home of a child with a disability not yet enrolled in kindergarten when special instruction and services under sections 125A.03 to 125A.24, 125A.26 to 125A.48, and 125A.65 are provided in a location other than in the child's home. When transportation is provided, scheduling of routes, establishment of the location of bus stops, manner and method of transportation, control and discipline of school children, the determination of fees, and any other matter relating thereto must be within the sole discretion, control, and management of the board. The district may provide for the transportation of pupils or expend a reasonable amount for room and board of pupils whose attendance at school can more economically and conveniently be provided for by that means or who attend school in a building rented or leased by a district within the confines of an adjacent district.

MN Stat. 123B.88, subd. 1

Children with disabilities are eligible for transportation services from birth or whenever transportation services are required by their IFSP or IEP. The decision to carry a child on or off the bus is made on an individual basis and should be specified in the child's IFSP or IEP.

Because large school buses are usually not equipped with factory-installed seat belts, school district personnel should work with the parents to determine whether a car seat is safe and appropriate for transporting their child in a school bus.

11.04.10 Custodial Parent Transportation

The district may provide transportation for a pupil who is a custodial parent and that pupil's child between the pupil's home and a child care provider and between the provider and the school. The district must establish criteria for transportation it provides.

MN. Stat. 123B, subd. 20

11.04.12 Placement of Children without disabilities; Education and Transportation

The responsibility for providing instruction and transportation for a pupil without a disability who has a short-term or temporary physical or emotional illness or disability, as determined by the standards of the commissioner, and who is temporarily placed for care and treatment for that illness or disability, must be determined as provided in this section.

(a) The school district of residence of the pupil is the district in which the pupil's parent or guardian resides.
(b) When parental rights have been terminated by court order, the legal residence of a child placed in a residential or foster facility for care and treatment is the district in which the child resides.
(c) Before the placement of a pupil for care and treatment, the district of residence must be notified and provided an opportunity to participate in the placement decision. When an immediate emergency placement is necessary and time does not permit resident district participation in the placement decision, the district in which the pupil is temporarily placed, if different from the district of residence, must notify the district of residence of the emergency placement within 15 days of the placement.
(d) When a pupil without a disability is temporarily placed for care and treatment in a day program and the pupil continues to live within the district of residence during the care and treatment, the district of residence must provide instruction and necessary transportation to and from the treatment facility for the pupil. Transportation shall only be provided by the district during regular operating hours of the district. The district may provide the instruction at a school within the district of residence, at the pupil's residence, or in the case of a placement outside of the resident district, in the district in which the day treatment program is located by paying tuition to that district. The district of placement may contract with a facility to provide instruction by teachers licensed by the state Board of Teaching.
(e) When a pupil without a disability is temporarily placed in a residential program for care and treatment, the district in which the pupil is placed must provide instruction for the pupil and necessary transportation while the pupil is receiving instruction, and in the case of a placement outside of the district of residence, the nonresident district must bill the district of residence for the actual cost of providing the instruction for the regular school year and for summer school, excluding transportation costs.
(f) Notwithstanding paragraph (e), if the pupil is homeless and placed in a public or private homeless shelter, then the district that enrolls the pupil under section 127A.47, subdivision 2, shall provide the transportation, unless the district that enrolls the pupil and the district in which the pupil is temporarily placed agree that the district in which the pupil is temporarily placed shall provide transportation. When a pupil without a disability is temporarily placed in a residential program outside the district of residence, the administrator of the court placing the pupil must send timely written notice of the placement to the district of residence. The district of placement may contract with a residential facility to provide instruction by teachers licensed by the state Board of Teaching. For purposes of this section, the state correctional facilities operated on a fee-for-service basis are considered to be residential programs for care and treatment.
(g) The district of residence must include the pupil in its residence count of pupil units and pay tuition as provided in section 123A.488 to the district providing the instruction. Transportation costs must be paid by the district providing the transportation and the state must pay transportation aid to that district. For purposes of computing state transportation aid, pupils governed by this subdivision must be included in the disabled transportation category if the pupils cannot be transported on a regular school bus route without special accommodations.

MN Stat.125A.51

11.5 Specific Situations of Transportation of Pupils with Disabilities

11.05.01 Minnesota State Academies-Responsibility for Services

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.

MN Stat. 125A.65, subd. 1

The legal residence of the child is the district in which the child's parent or guardian resides.

MN Stat. 125A.65, Subd.2

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. 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.

MN Stat. 125A.65, Subd. 3

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.

MN Stat. 125A.65, Subd. 5

11.05.02 Pupils Placed in Another District for Care and Treatment

A. Pay Program Placement Outside of District

When a district provides instruction and services in a day program outside the district of residence, the district of residence is responsible for providing transportation. When a district provides instruction and services requiring board and lodging or placement in a residential program outside the district of residence, the nonresident district in which the child is placed is responsible for providing transportation. Transportation costs shall be paid by the district responsible for providing transportation and the state shall pay transportation aid to that district.

MN Stat. 125A.11, Subd. 2

When a child is temporarily placed for care and treatment in a day program located in another district and the child continues to live within the district of residence during the care and treatment, the district of residence is responsible for providing transportation to and from the care and treatment facility and an appropriate educational program for the child. Transportation shall only be provided by the district during regular operating hours of the district. The district may provide the educational program at a school within the district of residence, at the child's residence, or in the district in which the day treatment center is located by paying tuition to that district.

MN Stat. 125A.15(b)

B. Residential Program Placement

When a child is temporarily placed in a residential program for care and treatment, the nonresident district in which the child is placed is responsible for providing an appropriate educational program for the child and necessary transportation while the child is attending the educational program; and must bill the district of the child's residence for the actual cost of providing the program, as outlined in section 125A.11, except as provided in paragraph (d). However, the board, lodging, and treatment costs incurred in behalf of a child with a disability placed outside of the school district of residence by the commissioner of human services or the commissioner of corrections or their agents, for reasons other than providing for the child's special educational needs must not become the responsibility of either the district providing the instruction or the district of the child's residence. For the purposes of this section, the state correctional facilities operated on a fee-for-service basis are considered to be residential programs for care and treatment.

MN Stat. 125A.15 (c)

C. Providing District

The district of residence shall pay tuition and other program costs, not including transportation costs, to the district providing the instruction and services. The district of residence may claim general education aid for the child as provided by law. Transportation costs must be paid by the district responsible for providing the transportation and the state must pay transportation aid to that district.

MN Stat. 125A.15 (e)

D. Board and Lodging for Nonresident Pupils with Disabilities

When a district provides instruction and services in a day program outside the district of residence, the district of residence is responsible for providing transportation. When a district provides instruction and services requiring board and lodging or placement in a residential program outside the district of residence, the nonresident district in which the child is placed is responsible for providing transportation. Transportation costs shall be paid by the district responsible for providing transportation and the state shall pay transportation aid to that district.

MN Stat 125A.11 Subd. 2

11.05.03 Attendance in Another State

If high school pupils from a district within this state are being transported to a school in another state, the board of the district from which the pupils are being transported may provide free transportation and tuition for any or all of its elementary pupils to such school in another state and be entitled to state aid as provided by law.

MN Stat. 123B.88 Sub. 7

11.06 Payments of and Aid for Transportation

The state must pay each district the actual cost incurred in providing instruction and services for a child whose district of residence has been determined by section 125A.17 or 125A.51, paragraph (b), and who is temporarily placed in a state institution, a licensed residential facility, or foster facility for care and treatment. The regular education program at the facility must be an approved program according to section 125A.515.

Upon following the procedure specified by the commissioner, the district may bill the state the actual cost incurred in providing the services including transportation costs and a proportionate amount of capital expenditures and debt service, minus the amount of the basic revenue, as defined in section 126C.10, subdivision 2, of the district for the child and the special education aid, transportation aid, and any other aid earned on behalf of the child. The limit in subdivision 2 applies to aid paid pursuant to this subdivision.

To the extent possible, the commissioner shall obtain reimbursement from another state for the cost of serving any child whose parent or guardian resides in that state. The commissioner may contract with the appropriate authorities of other states to effect reimbursement. All money received from other states must be paid to the state treasury and placed in the general fund.

MN Stat. 125A.75, Subd. 3

11.06.01 District Transportation Aid Agreements

Notwithstanding the provisions of sections 125A.11, 125A.14, and 125A.15, when a child receives special instruction and services in a day program outside the resident district, the resident district and the nonresident district where the child is placed may enter into an agreement providing for the nonresident district to pay the cost of any particular transportation categories specified in section 123B.92, subdivision 1, and claim transportation aid for those categories. In this case, the nonresident district may not obtain any payment from the resident district for the categories covered by the agreement.

MN Stat. 125A.20

11.06.02 Extended School Year Programs

A district may provide extended school year services for children with a disability living within the district and nonresident children temporarily placed in the district pursuant to section 125A.15 or 125A.16. Prior to March 31 or 30 days after the child with a disability is placed in the district, whichever is later, the providing district shall give notice to the district of residence of any nonresident children temporarily placed in the district pursuant to section 125A.15 or 125A.16, of its intention to provide these programs. Notwithstanding any contrary provisions in sections 125A.15 and 125A.16, the district providing the special instruction and services must apply for special education aid for the extended school year services. The unreimbursed actual cost of providing the program for nonresident children with a disability, including the cost of board and lodging, may be billed to the district of the child's residence and must be paid by the resident district. Transportation costs must be paid by the district responsible for providing transportation pursuant to section 125A.15 or 125A.16 and transportation aid must be paid to that district.

11.06.03 Uniform Billing System for the Education Costs of Out-of-Home Placed Students

The commissioner, in cooperation with the commissioners of human services and corrections and with input from appropriate billing system users, shall develop and implement a uniform billing system for school districts and other agencies, including private providers, who provide the
educational services for students who are placed out of the home. The uniform billing system must:

(1) allow for the proper and timely billing to districts by service providers with a minimum amount of district administration;
(2) allow districts to bill the state for certain types of special education and regular education services as provided by law;
(3) provide flexibility for the types of services that are provided for children placed out of the home, including day treatment services;
(4) allow the commissioner to track the type, cost, and quality of services provided for children placed out of the home;
(5) conform existing special education and proposed regular education billing procedures;
(6) provide a uniform reporting standard of per diem rates;
(7) determine allowable expenses and maximum reimbursement rates for the state reimbursement of care and treatment services; and
(8) provide a process for the district to appeal to the commissioner tuition bills submitted to districts and to the state.

MN Statute 125A.80

11.06.04 Cooperatives, Education Districts, and Intermediate Districts

The Area Special Education Cooperative, must allocate its approved expenditures for special education programs among participating districts. Special education aid for services provided by the cooperative must be paid to the participating school districts.

11.06.05 Travel Aid for Personnel Providing Home-based Services to Young Children

The state must pay each district one-half of the sum actually expended by a district, based on mileage, for necessary travel of essential personnel providing home-based or community-based services to children with a disability under age five and their families.

MN Statute 125A.75, subd. 1

11.06.06 Aid Payment to District Providing Services

The aids provided for children with a disability must be paid to the district providing the special instruction and services. General education aid must be paid to the district of the pupil's residence. The total amount of aid paid may not exceed the amount expended for children with a disability in the year for which the aid is paid.

MN Statute 125A.75, subd. 2

11.07 Wheelchair Securement Device

11.07.01 Definition

"Wheelchair securement device" or "securement device" means an apparatus installed in a transit vehicle or other motor vehicle for the purpose
of securing an occupied wheelchair into a location in the vehicle and preventing movement of that wheelchair while the vehicle is in motion.

MN Statute 2999A.11, subd.5

11.07.02 General Requirements

Except as provided in subdivision 4, any vehicle used by an operator to provide transportation service shall be equipped with wheelchair securement devices which are approved by the commissioner of public safety as meeting the specifications of subdivisions 1 and 2. A wheelchair securement device shall prevent any forward, backward, or lateral movement of an occupied wheelchair when the device is engaged and the vehicle is in motion, accelerating or braking, and shall attach to the frame of the wheelchair without damaging it. Wheelchair securement devices installed in any vehicle shall be maintained in working order.

MN Statute 299A.12, subd.1

A school bus used to transport pupils in wheelchairs must be equipped with fastening devices that will hold the wheelchairs securely in a fixed position.

MN Statute 7470.1600, subp. 7 

11.07.03 Strength Requirements

The strength requirements for securing the part of a wheelchair that is forward in the vehicle shall be one-half of those required for the rear. Where the wheelchair securement device and the seat belt are combined in a common system, those parts which provide the combined restraining force shall have a combined strength of both according to the strength requirements of each as adopted by the commissioner of public safety.

MN Statute 299A.12, subd. 2 

11.07.04 Maximum Number of Persons Transported

A vehicle used to provide transportation service shall carry only as many persons seated in wheelchairs as the number of securement devices approved by the commissioner of public safety as meeting the specifications of subdivisions 1 and 2 with which the vehicle is equipped, and each occupied wheelchair shall be secured by such a securement device before the vehicle is set in motion.

MN Statute 299A.12, subd. 3

11.07.05 Transit Vehicle; Rules 

A transit vehicle used to provide transportation services may be equipped with wheelchair securement devices that may be engaged and released by the user or the user's assistant. The commissioner of public safety shall adopt rules as necessary to set standards for the operation, strength, and use of these wheelchair securement devices.

MN Statute 299A.12, subd. 4

Revised 04/29/2008