HF 2806

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; modifying educational aids for 
  1.3             nonpublic school children; amending Minnesota Statutes 
  1.4             1994, sections 123.932, subdivisions 1b, 1c, 1e, and 
  1.5             11; 123.933, as amended; and 123.935, subdivisions 2 
  1.6             and 7. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 123.932, 
  1.9   subdivision 1b, is amended to read: 
  1.10     Subd. 1b.  "Textbook" means any book or book substitute 
  1.11  which a pupil uses as a text or text substitute in a particular 
  1.12  class or program in the school regularly attended and a copy of 
  1.13  which is expected to be available for the individual use of each 
  1.14  pupil in this class or program, which book or book substitute or 
  1.15  text or text substitute shall be limited to books, workbooks, or 
  1.16  manuals, whether bound or in loose-leaf form, intended for use 
  1.17  as a principal source of study material for a given class or a 
  1.18  group of students.  The term includes only such secular, neutral 
  1.19  and nonideological textbooks as are available and are, used by, 
  1.20  or of benefit to Minnesota public school pupils. 
  1.21     Sec. 2.  Minnesota Statutes 1994, section 123.932, 
  1.22  subdivision 1c, is amended to read: 
  1.23     Subd. 1c.  "Standardized tests" means standardized tests 
  1.24  and scoring services which are provided by commercial publishing 
  1.25  organizations or the state and which are in use in the public 
  1.26  schools of Minnesota to measure the progress of pupils in 
  2.1   secular subjects. 
  2.2      Sec. 3.  Minnesota Statutes 1994, section 123.932, 
  2.3   subdivision 1e, is amended to read: 
  2.4      Subd. 1e.  "Individualized instructional or cooperative 
  2.5   learning materials"  means educational materials which:  
  2.6      (a) Are designed primarily for individual pupil use or use 
  2.7   by pupils in a cooperative learning group in a particular class 
  2.8   or program in the school the pupil regularly attends; 
  2.9      (b) Are secular, neutral, nonideological and not capable of 
  2.10  diversion for religious use; and 
  2.11     (c) Are available and are, used by, or of benefit to 
  2.12  Minnesota public school pupils.  
  2.13     Subject to the requirements in clauses (a), (b) and (c), 
  2.14  "individualized instructional or cooperative learning materials" 
  2.15  include, but are not limited to, the following if they do not 
  2.16  fall within the definition of "textbook" in subdivision 1b:  
  2.17  published materials; periodicals; documents; pamphlets; 
  2.18  photographs; reproductions; pictorial or graphic works; film 
  2.19  strips; prepared slides; prerecorded video programs; prerecorded 
  2.20  tapes, cassettes and other sound recordings; manipulative 
  2.21  materials; desk charts; games; study prints and pictures; desk 
  2.22  maps; models; learning kits; blocks or cubes; flash cards; 
  2.23  individualized multimedia systems; prepared instructional 
  2.24  computer software programs; and prerecorded film cartridges 
  2.25  choral and band sheet music; and CD Rom.  
  2.26     "Individualized instructional or cooperative learning 
  2.27  materials" do not include the following:  chemicals; wall maps; 
  2.28  wall charts; pencils, pens or crayons; notebooks; blackboards; 
  2.29  chalk and erasers; duplicating fluids; paper; 16 mm films; 
  2.30  unexposed films; blank tapes, cassettes or videotape; and 
  2.31  instructional equipment, instructional hardware, or ordinary 
  2.32  daily consumable classroom supplies.  
  2.33     Sec. 4.  Minnesota Statutes 1994, section 123.932, 
  2.34  subdivision 11, is amended to read: 
  2.35     Subd. 11.  "Health services" means physician, dental, 
  2.36  nursing or optometric services and health supplies provided 
  3.1   directly to pupils in the field of physical or mental health; 
  3.2   provided the term does not include direct educational 
  3.3   instruction, services which are required pursuant to sections 
  3.4   120.17 and 120.1701, or services which are eligible to receive 
  3.5   special education aid pursuant to section 124.32. 
  3.6      Sec. 5.  Minnesota Statutes 1994, section 123.933, as 
  3.7   amended by Laws 1995, First Special Session chapter 3, article 
  3.8   16, section 13, is amended to read: 
  3.9      123.933 [TEXTBOOKS, INDIVIDUAL INSTRUCTION OR COOPERATIVE 
  3.10  LEARNING MATERIAL, STANDARD TESTS.] 
  3.11     Subdivision 1.  [PROVISION.] The state board of education 
  3.12  shall promulgate rules under the provisions of chapter 14 
  3.13  requiring that in each school year, based upon formal requests 
  3.14  by or on behalf of nonpublic school pupils in a nonpublic 
  3.15  school, the local districts or intermediary service areas shall 
  3.16  purchase or otherwise acquire textbooks, individualized 
  3.17  instructional or cooperative learning materials and standardized 
  3.18  tests and loan or provide them for use by children enrolled in 
  3.19  that nonpublic school.  These textbooks, individualized 
  3.20  instructional or cooperative learning materials and standardized 
  3.21  tests shall be loaned or provided free to the children for the 
  3.22  school year for which requested.  The loan or provision of the 
  3.23  textbooks, individualized instructional or cooperative learning 
  3.24  materials and standardized tests shall be subject to rules 
  3.25  prescribed by the state board of education. 
  3.26     Subd. 2.  [TITLE.] The title to textbooks, individualized 
  3.27  instructional or cooperative learning materials and standardized 
  3.28  testing materials shall remain in the servicing school district 
  3.29  or intermediary service area, and possession or custody may be 
  3.30  granted or charged to administrators of the nonpublic school 
  3.31  attended by the nonpublic school pupil or pupils to whom the 
  3.32  textbooks, individualized instructional or cooperative learning 
  3.33  materials or standardized tests are loaned or provided. 
  3.34     Subd. 3.  [COST OF TEXTBOOKS; LIMITATION.] (a) The cost per 
  3.35  pupil of the textbooks, individualized instructional or 
  3.36  cooperative learning materials and standardized tests provided 
  4.1   for in this section for each school year shall not exceed the 
  4.2   statewide average expenditure per pupil, adjusted pursuant to 
  4.3   clause (b), by the Minnesota public elementary and secondary 
  4.4   schools for textbooks, individualized instructional or 
  4.5   cooperative learning materials and standardized tests as 
  4.6   computed and established by the department of children, 
  4.7   families, and learning by March 1 of the preceding school year 
  4.8   from the most recent public school year data then available. 
  4.9      (b) The cost computed in clause (a) shall be increased by 
  4.10  an inflation adjustment equal to the percent of increase in the 
  4.11  formula allowance, pursuant to section 124A.22, subdivision 2, 
  4.12  from the second preceding school year to the current school year.
  4.13     (c) The commissioner shall allot to the school districts or 
  4.14  intermediary service areas the total cost for each school year 
  4.15  of providing or loaning the textbooks, individualized 
  4.16  instructional or cooperative learning materials and standardized 
  4.17  tests for the pupils in each nonpublic school.  The allotment 
  4.18  shall not exceed the product of the statewide average 
  4.19  expenditure per pupil, adjusted pursuant to clause (b), 
  4.20  multiplied by the number of nonpublic school pupils who make 
  4.21  requests pursuant to this section and who are enrolled as of 
  4.22  September 15 of the current school year. 
  4.23     Sec. 6.  Minnesota Statutes 1994, section 123.935, 
  4.24  subdivision 2, is amended to read: 
  4.25     Subd. 2.  Health services may be provided to nonpublic 
  4.26  school pupils pursuant to this section at a public school, a 
  4.27  neutral site, the nonpublic school or any other suitable 
  4.28  location.  Guidance and counseling services may be provided to 
  4.29  nonpublic school pupils pursuant to this section only at a 
  4.30  public school or a neutral site.  District or intermediary 
  4.31  service area personnel and representatives of the nonpublic 
  4.32  school pupils receiving pupil support services shall hold an 
  4.33  annual consultation regarding the type of services, provider of 
  4.34  services, and the location of the provision of these services.  
  4.35  The district board or intermediary service area governing board 
  4.36  shall make the final decision on the location of the provision 
  5.1   of these services. 
  5.2      Sec. 7.  Minnesota Statutes 1994, section 123.935, 
  5.3   subdivision 7, is amended to read: 
  5.4      Subd. 7.  [NONPUBLIC EDUCATION COUNCIL.] (a) The 
  5.5   commissioner shall appoint a 15-member council on nonpublic 
  5.6   education.  The 15 members shall represent various areas of the 
  5.7   state, represent various methods of providing nonpublic 
  5.8   education, and shall be knowledgeable about nonpublic 
  5.9   education.  The compensation, removal of members, filling of 
  5.10  vacancies, and terms are governed by section 15.0575.  The 
  5.11  council shall not expire.  The council shall advise the 
  5.12  commissioner and the state board on issues affecting 
  5.13  nonpublic school matters under this section education and 
  5.14  nonpublic schools.  The council may recognize educational 
  5.15  accrediting agencies, for the sole purpose of sections 120.101, 
  5.16  120.102, and 120.103.  When requested by the commissioner or the 
  5.17  state board, the council may submit its advice about other 
  5.18  nonpublic school matters. 
  5.19     (b) A parent or guardian of a nonpublic school pupil or a 
  5.20  nonpublic school may file a complaint about services provided 
  5.21  under sections 123.931 to 123.937 with the nonpublic education 
  5.22  council.  The council may review the complaint and make a 
  5.23  recommendation for resolution to the commissioner.