1.1                          A bill for an act 
  1.2             relating to education; giving preference to the 
  1.3             nonpublic school site for instruction for children 
  1.4             with a disability who attend the nonpublic school; 
  1.5             amending Minnesota Statutes 2002, section 126C.19, 
  1.6             subdivision 4. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 126C.19, 
  1.9   subdivision 4, is amended to read: 
  1.10     Subd. 4.  [LOCATION OF SERVICES.] (a) Public school 
  1.11  programs that provide instruction in core curriculum may be 
  1.12  provided to shared time pupils only at a public school building. 
  1.13  Public school programs, excluding programs that provide 
  1.14  instruction in core curriculum, may be provided to shared time 
  1.15  pupils at a public school building, a neutral site, the 
  1.16  nonpublic school, or any other suitable location.  Guidance and 
  1.17  counseling and diagnostic and health services required under 
  1.18  sections 125A.03 to 125A.24 and 125A.65 may be provided at a 
  1.19  nonpublic school building.  As used in this subdivision, 
  1.20  "diagnostic services" means speech, hearing, vision, 
  1.21  psychological, medical and dental diagnostic services and 
  1.22  "health services" means physician, nursing or optometric 
  1.23  services provided to pupils in the field of physical and mental 
  1.24  health.  
  1.25     (b) For those children with a disability under sections 
  1.26  125A.03 to 125A.24 who attend nonpublic school at their parent's 
  2.1   choice, a school district may provide special instruction and 
  2.2   services at the nonpublic school building, a public school, or 
  2.3   at a neutral site other than a nonpublic school as defined in 
  2.4   section 123B.41, subdivision 13.  The school district shall 
  2.5   determine the location at which to provide services on a 
  2.6   student-by-student basis, consistent with federal 
  2.7   law.  Deference will be given to providing special instruction 
  2.8   and services on the premises of the nonpublic school, unless the 
  2.9   school district is able to demonstrate to the commissioner of 
  2.10  children, families, and learning that providing service on the 
  2.11  premises of the nonpublic school is cost prohibitive; creates an 
  2.12  excessively restrictive learning environment; is unacceptable to 
  2.13  the nonpublic school administration or the child's parents; or 
  2.14  contravenes the child's individual education plan.  By June 30, 
  2.15  2003, the commissioner shall develop an appeal process for 
  2.16  school districts.