HF 1923

as introduced - 88th Legislature (2013 - 2014) Posted on 02/25/2014 01:51pm

A bill for an act
relating to education finance; repealing nonpublic pupil aid programs including
nonpublic pupil transportation aid; nonpublic pupil aid for textbooks, counseling,
and health services; nonpublic pupil aid for telecommunications and Internet
access services; limiting nonpublic pupil participation in the postsecondary
enrollment options program; limiting special education services to nonpublic
pupils to the services and funding required by federal law; amending Minnesota
Statutes 2012, section 125A.18; repealing Minnesota Statutes 2012, sections
123B.40; 123B.41; 123B.42; 123B.43; 123B.44; 123B.45; 123B.46; 123B.47;
123B.48; 123B.84; 123B.85; 123B.86; 123B.87; 123B.92, subdivision 9;
124D.09, subdivisions 4, 17; 125B.26, subdivision 5.

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

Section 1.

Minnesota Statutes 2012, section 125A.18, is amended to read:

125A.18 SPECIAL INSTRUCTION; NONPUBLIC SCHOOLS.

new text begin (a) A resident school district's responsibility for providing federally mandated
special education services to a qualifying nonpublic pupil does not exceed the services
required by federal law. A resident school district may choose to provide services beyond
those required by federal law.
new text end

new text begin (b) Consistent with paragraph (a) and federal mandates, new text end 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. deleted text begin 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.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013.
new text end

Sec. 2. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, sections 123B.40; 123B.41; 123B.42; 123B.43; 123B.44;
123B.45; 123B.46; 123B.47; 123B.48; 123B.84; 123B.85; 123B.86; 123B.87; 123B.92,
subdivision 9; 124D.09, subdivisions 4 and 17; and 125B.26, subdivision 5, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013.
new text end