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HF 2078

1st Unofficial Engrossment - 87th Legislature (2011 - 2012) Posted on 04/12/2012 10:09am

KEY: stricken = removed, old language.
underscored = added, new language.
1.1A bill for an act
1.2relating to education finance; expanding use of nonpublic pupil textbook aid;
1.3amending Minnesota Statutes 2010, sections 123B.41, by adding a subdivision;
1.4123B.42; 123B.43; Minnesota Statutes 2011 Supplement, section 123B.41,
1.5subdivision 2.

1.7    Section 1. Minnesota Statutes 2011 Supplement, section 123B.41, subdivision 2, is
1.8amended to read:
1.9    Subd. 2. Textbook. (a) "Textbook" means any book or book substitute, including
1.10electronic books as well as other printed materials delivered electronically, which a pupil
1.11uses as a text or text substitute in a particular class or program in the school regularly
1.12attended and a copy of which is expected to be available for the individual use of each
1.13pupil in this class or program.
1.14(b) For purposes of calculating the annual nonpublic pupil aid entitlement for
1.15textbooks, the term shall be limited to books, workbooks, or manuals, whether bound
1.16or in loose-leaf form, as well as electronic books and other printed materials delivered
1.17electronically, intended for use as a principal source of study material for a given class or a
1.18group of students.
1.19(c) For purposes of sections 123B.40 to 123B.48, the term includes terms "textbook"
1.20and "software or other educational technology" include only such secular, neutral, and
1.21nonideological textbooks materials as are available, used by, or of benefit to Minnesota
1.22public school pupils.
1.23EFFECTIVE DATE.This section is effective July 1, 2012.

2.1    Sec. 2. Minnesota Statutes 2010, section 123B.41, is amended by adding a subdivision
2.2to read:
2.3    Subd. 5a. Software or other educational technology. For purposes of sections
2.4123B.42 and 123B.43, "software or other educational technology" includes software,
2.5programs, applications, hardware, and any other electronic educational technology.
2.6EFFECTIVE DATE.This section is effective July 1, 2012.

2.7    Sec. 3. Minnesota Statutes 2010, section 123B.42, is amended to read:
2.10    Subdivision 1. Providing education materials and tests. The commissioner of
2.11education shall promulgate rules under the provisions of chapter 14 requiring that in
2.12each school year, based upon formal requests by or on behalf of nonpublic school pupils
2.13in a nonpublic school, the local districts or intermediary service areas must purchase or
2.14otherwise acquire textbooks, individualized instructional or cooperative learning materials,
2.15software or other educational technology, and standardized tests and loan or provide them
2.16for use by children enrolled in that nonpublic school. These textbooks, individualized
2.17instructional or cooperative learning materials, software or other educational technology,
2.18and standardized tests must be loaned or provided free to the children for the school year
2.19for which requested. The loan or provision of the textbooks, individualized instructional or
2.20cooperative learning materials, and standardized tests shall be subject to rules prescribed
2.21by the commissioner of education.
2.22    Subd. 1a. Curriculum; electronic components. A school district that provides
2.23curriculum to resident students that has both physical and electronic components must
2.24make the electronic component accessible to a resident student in a home school in
2.25compliance with sections 120A.22 and 120A.24 at the request of the student or the
2.26student's parent or guardian, provided that the district does not incur more than an
2.27incidental cost as a result of providing access electronically.
2.28    Subd. 2. Title to education materials and tests. The title to textbooks,
2.29individualized instructional or cooperative learning materials, software or other
2.30educational technology, and standardized testing materials must remain in the servicing
2.31school district or intermediary service area, and possession or custody may be granted
2.32or charged to administrators of the nonpublic school attended by the nonpublic school
2.33pupil or pupils to whom the textbooks, individualized instructional or cooperative learning
2.34materials, or standardized tests are loaned or provided.
3.1    Subd. 3. Cost; limitation. (a) The cost per pupil of the textbooks, individualized
3.2instructional or cooperative learning materials, software or other educational technology,
3.3and standardized tests provided for in this section for each school year must not exceed the
3.4statewide average expenditure per pupil, adjusted pursuant to clause (b), by the Minnesota
3.5public elementary and secondary schools for textbooks, individualized instructional
3.6materials and standardized tests as computed and established by the department by
3.7February 1 of the preceding school year from the most recent public school year data
3.8then available.
3.9(b) The cost computed in clause (a) shall be increased by an inflation adjustment
3.10equal to the percent of increase in the formula allowance, pursuant to section 126C.10,
3.11subdivision 2
, from the second preceding school year to the current school year.
3.12(c) The commissioner shall allot to the districts or intermediary service areas the
3.13total cost for each school year of providing or loaning the textbooks, individualized
3.14instructional or cooperative learning materials, software or other educational technology,
3.15and standardized tests for the pupils in each nonpublic school. The allotment shall not
3.16exceed the product of the statewide average expenditure per pupil, according to clause
3.17(a), adjusted pursuant to clause (b), multiplied by the number of nonpublic school pupils
3.18who make requests pursuant to this section and who are enrolled as of September 15 of
3.19the current school year.
3.20EFFECTIVE DATE.This section is effective July 1, 2012.

3.21    Sec. 4. Minnesota Statutes 2010, section 123B.43, is amended to read:
3.23(a) The commissioner shall assure that textbooks and individualized instructional
3.24materials loaned to nonpublic school pupils are secular, neutral, nonideological and that
3.25they are incapable of diversion for religious use.
3.26(b) Textbooks and, individualized instructional materials, software or other
3.27educational technology must not be used in religious courses, devotional exercises,
3.28religious training or any other religious activity.
3.29(c) Textbooks and individualized instructional materials must be loaned only to
3.30individual pupils upon the request of a parent or guardian or the pupil on a form designated
3.31for this use by the commissioner. The request forms shall provide for verification by the
3.32parent or guardian or pupil that the requested textbooks and individualized instructional
3.33materials are for the use of the individual pupil in connection with a program of instruction
3.34in the pupil's elementary or secondary school.
4.1(d) The servicing school district or the intermediary service area must take adequate
4.2measures to ensure an accurate and periodic inventory of all textbooks and, individualized
4.3instructional materials, software or other educational technology loaned to elementary
4.4and secondary school pupils attending nonpublic schools. The commissioner of education
4.5shall promulgate rules under the provisions of chapter 14 to terminate the eligibility of
4.6any nonpublic school pupil if the commissioner determines, after notice and opportunity
4.7for hearing, that the textbooks or, individualized instructional materials, or software or
4.8other educational technology, have been used in a manner contrary to the provisions of
4.9section 123B.41, subdivision 5, 123B.42, or this section or any rules promulgated by
4.10the commissioner of education.
4.11(e) Nothing contained in section 123B.41, subdivision 5, 123B.42, or this section
4.12shall be construed to authorize the making of any payments to a nonpublic school or its
4.13faculty, staff or administrators for religious worship or instruction or for any other purpose.
4.14EFFECTIVE DATE.This section is effective July 1, 2012.