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Minnesota Legislature

Office of the Revisor of Statutes

HF 428

as introduced - 91st Legislature (2019 - 2020) Posted on 01/28/2019 01:57pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to education; modifying the definition of textbook; deleting obsolete
language;amending Minnesota Statutes 2018, sections 123B.41, subdivisions 2,
5; 123B.42, subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 123B.41, subdivision 2, is amended to read:


Subd. 2.

Textbook.

(a) "Textbook" means any book or book substitute, including
electronic books as well as other printed materials delivered electronically, which a pupil
uses as a text or text substitute in a particular class or program in the school regularly
attended and a copy of which is expected to be available for the individual use of each pupil
in this class or program. Textbook includes an online book with an annual subscription cost.new text begin
Textbook includes teacher materials that accompany materials that a pupil uses.
new text end

(b) For purposes of calculating the annual nonpublic pupil aid entitlement for textbooks,
the term shall be limited to books, workbooks, or manuals, whether bound or in loose-leaf
form, as well as electronic books and other printed materials delivered electronically,
intended for use as a principal source of study material for a given class or a group of
students.

(c) For purposes of sections 123B.40 to 123B.48, the terms "textbook" and "software
or other educational technology" include only such secular, neutral, and nonideological
materials as are available, used by, or of benefit to Minnesota public school pupils.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2018, section 123B.41, subdivision 5, is amended to read:


Subd. 5.

Individualized instructional or cooperative learning materials.

new text begin(a)
new text end "Individualized instructional or cooperative learning materials" means educational materials
which:

deleted text begin (a)deleted text endnew text begin (1)new text end are designed primarily for individual pupil use or use by pupils in a cooperative
learning group in a particular class or program in the school the pupil regularly attendsnew text begin,
including teacher materials that accompany materials that a pupil uses
new text end;

deleted text begin (b)deleted text endnew text begin (2)new text end are secular, neutral, nonideological and not capable of diversion for religious
use; and

deleted text begin (c)deleted text endnew text begin (3)new text end are available, used by, or of benefit to Minnesota public school pupils.

new text begin (b) new text endSubject to the requirements in deleted text beginclauses (a), (b), and (c)deleted text endnew text begin paragraph (a)new text end, "individualized
instructional or cooperative learning materials" include, but are not limited to, the following
if they do not fall within the definition of "textbook" in subdivision 2: published materials;
periodicals; documents; pamphlets; photographs; reproductions; pictorial or graphic works;
prerecorded video programs; prerecorded tapes, cassettes and other sound recordings;
manipulative materials; desk charts; games; study prints and pictures; desk maps; models;
learning kits; blocks or cubes; flash cards; individualized multimedia systems; prepared
instructional computer software programs; choral and band sheet music; electronic books
and other printed materials delivered electronically; and CD-Rom.

new text begin (c) new text end"Individualized instructional or cooperative learning materials" do not include
instructional equipment, instructional hardware, or ordinary daily consumable classroom
supplies.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2018, section 123B.42, subdivision 3, is amended to read:


Subd. 3.

Cost; limitation.

(a) The cost per pupil of the textbooks, individualized
instructional or cooperative learning materials, software or other educational technology,
and standardized tests provided for in this section for each school year must not exceed the
statewide average expenditure per pupil, adjusted pursuant to deleted text beginclausedeleted text endnew text begin paragraphnew text end (b), by the
Minnesota public elementary and secondary schools for textbooks, individualized
instructional materials and standardized tests as computed and established by the department
by February 1 of the preceding school year from the most recent public school year data
then available.

(b) The cost computed in deleted text beginclausedeleted text endnew text begin paragraphnew text end (a) shall be increased by an inflation
adjustment equal to the percent of increase in the formula allowance, pursuant to section
126C.10, subdivision 2, from the second preceding school year to the current school year.
deleted text begin Notwithstanding the amount of the formula allowance for fiscal years 2015 and 2016 in
section 126C.10, subdivision 2, the commissioner shall use the amount of the formula
allowance for the current year minus $414 in determining the inflation adjustment for fiscal
years 2015 and 2016.
deleted text end

(c) The commissioner shall allot to the districts or intermediary service areas the total
cost for each school year of providing or loaning the textbooks, individualized instructional
or cooperative learning materials, software or other educational technology, and standardized
tests for the pupils in each nonpublic school. The allotment shall not exceed the product of
the statewide average expenditure per pupil, according to deleted text beginclausedeleted text endnew text begin paragraphnew text end (a), adjusted
pursuant to deleted text beginclausedeleted text endnew text begin paragraphnew text end (b), multiplied by the number of nonpublic school pupils who
make requests pursuant to this section and who are enrolled as of September 15 of the current
school year.