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Transportation to a Day Treatment Program Frequently Asked Questions

This is the Minnesota Department of Education’s (MDE) response to questions concerning transportation obligations for a student placed in a day treatment program.

1. Is the resident district obligated to provide transportation to a day treatment program when the resident district is not in session (for example: during spring break, holidays or summer vacation)?

MDE Response: Minnesota Statutes, section 125A.51(d) and 125A.15(c) specifies that “transportation shall only be provided by the district during regular operation hours of the district”. Therefore, the resident district is not responsible for transportation when its schools are not in session. However, it may be in the child’s best interest to continue services using alternative transportation, and if the resident district elects to provide transportation, it can claim those expenditures for special education aid.

2. Is the resident district obligated to transport when the serving district is not in session?

MDE Response: The statutes do not provide an answer to this question.

3. Is the resident district obligated to transport when education is not provided at the care and treatment program?

MDE Response: Minnesota Statutes, section 125A.51(d) and 125A.15(c) are not clear on the transportation responsibility of a district when education is not provided at the care and treatment program. However, it may be in the child’s best interest to receive care and treatment services and if the resident district elects to provide transportation, it can claim those expenditures for special education aid.

4. What is meant by “the resident district may establish reasonable restrictions on transportation, except if a Minnesota court or agency orders the child placed a day care and treatment program and the resident district receives a copy of the order, then the resident district must provide transportation to and from the program unless the court or agency orders otherwise”. Minnesota Statutes, section 125A.51(d) and 125A.15(c)

MDE Response: The district would have to establish a written policy on what constitutes reasonable restrictions so it is uniformly applied. If the placement is not considered reasonable, consistent with the district’s policy, the resident district would not be responsible for transportation to and from the day treatment. However, if the placement is made by a Minnesota court or agency and the resident district receives a copy of the order, the resident district is responsible for to and from transportation. The resident district does not have to begin transportation until a copy of the order is received by the resident district.

These responses refer to a district’s transportation obligation, education responsibilities and reporting information. You can view these responses in the MARSS Manual, Procedure 27.

If you have questions about transportation to a care and treatment program, contact Kelly Wosika at 651-582-8855 or kelly.wosika@state.mn.us.