1.1 	A bill for an act
1.2 	relating to education finance; repealing nonpublic pupil aid programs including 
1.3 	nonpublic pupil transportation aid; nonpublic pupil aid for textbooks, counseling, 
1.4 	and health services; nonpublic pupil aid for telecommunications and Internet 
1.5 	access services; limiting nonpublic pupil participation in the postsecondary 
1.6 	enrollment options program; limiting special education services to nonpublic 
1.7 	pupils to the services and funding required by federal law;amending Minnesota 
1.8 	Statutes 2012, section 125A.18; repealing Minnesota Statutes 2012, sections 
1.9 	123B.40; 123B.41; 123B.42; 123B.43; 123B.44; 123B.45; 123B.46; 123B.47; 
1.10 	123B.48; 123B.84; 123B.85; 123B.86; 123B.87; 123B.92, subdivision 9; 
1.11 	124D.09, subdivisions 4, 17; 125B.26, subdivision 5.
1.12 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.13 	Section 1. Minnesota Statutes 2012, section 125A.18, is amended to read:
1.14 	125A.18 SPECIAL INSTRUCTION; NONPUBLIC SCHOOLS.
1.15 	(a) A resident school district's responsibility for providing federally mandated 
1.16 	special education services to a qualifying nonpublic pupil does not exceed the services 
1.17 	required by federal law. A resident school district may choose to provide services beyond 
1.18 	those required by federal law.
1.19 	(b) Consistent with paragraph (a) and federal mandates, no resident of a district who 
1.20 	is eligible for special instruction and services under this section may be denied instruction 
1.21 	and service on a shared time basis consistent with section 126C.19, subdivision 4, because 
1.22 	of attending a nonpublic school defined in section 123B.41, subdivision 9. If a resident 
1.23 	pupil with a disability attends a nonpublic school located within the district of residence, 
1.24 	the district must provide necessary transportation for that pupil within the district between 
1.25 	the nonpublic school and the educational facility where special instruction and services are 
1.26 	provided on a shared time basis. If a resident pupil with a disability attends a nonpublic 
1.27 	school located in another district and if no agreement exists under section 126C.19, 
2.1 	subdivision 1 or 2, for providing special instruction and services on a shared time basis to 
2.2 	that pupil by the district of attendance and where the special instruction and services are 
2.3 	provided within the district of residence, the district of residence must provide necessary 
2.4 	transportation for that pupil between the boundary of the district of residence and the 
2.5 	educational facility. The district of residence may provide necessary transportation for that 
2.6 	pupil between its boundary and the nonpublic school attended, but the nonpublic school 
2.7 	must pay the cost of transportation provided outside the district boundary. Parties serving 
2.8 	students on a shared time basis have access to the due process hearing system described 
2.9 	under United States Code, title 20, and the complaint system under Code of Federal 
2.10 	Regulations, title 34, section 300.660-662. ~~In the event it is determined under these~~ 
2.11 	~~systems that the nonpublic school or staff impeded the public school district's provision of~~ 
2.12 	~~a free appropriate education, the commissioner may withhold public funds available to the~~ 
2.13 	~~nonpublic school proportionally applicable to that student under section 123B.42.~~

2.14 	EFFECTIVE DATE. This section is effective July 1, 2013.

2.15 	Sec. 2. REPEALER.
 2.16 	Minnesota Statutes 2012, sections 123B.40; 123B.41; 123B.42; 123B.43; 123B.44; 
2.17 	123B.45; 123B.46; 123B.47; 123B.48; 123B.84; 123B.85; 123B.86; 123B.87; 123B.92, 
2.18 	subdivision 9; 124D.09, subdivisions 4 and 17; and 125B.26, subdivision 5, are repealed.

2.19 	EFFECTIVE DATE. This section is effective July 1, 2013.