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HF 4133

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
Rtf

Bill Text Versions

Engrossments
Introduction Posted on 04/11/2006

Current Version - as introduced

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A bill for an act
 relating to education; requiring a school district to provide special instruction and
services at the nonpublic school site for a child with disabilities who is enrolled
in a nonpublic school except if the parent agrees otherwise or the district shows
the site is inappropriate; amending Minnesota Statutes 2004, section 126C.19,
subdivision 4.

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

Section 1.

Minnesota Statutes 2004, section 126C.19, subdivision 4, is amended to read:


Subd. 4.

Location of services.

(a) Public school programs that provide instruction
in core curriculum may be provided to shared time pupils only at a public school building.
Public school programs, excluding programs that provide instruction in core curriculum,
may be provided to shared time pupils at a public school building, a neutral site, the
nonpublic school, or any other suitable location. Guidance and counseling and diagnostic
and health services required under sections 125A.03 to 125A.24 and 125A.65 may be
provided at a nonpublic school building. As used in this subdivision, "diagnostic services"
means speech, hearing, vision, psychological, medical and dental diagnostic services and
"health services" means physician, nursing or optometric services provided to pupils
in the field of physical and mental health.

(b) For those children with a disability under sections 125A.03 to 125A.24 who
attend nonpublic school at their parent's choice, a school district deleted text begin maydeleted text end new text begin must new text end provide
special instruction and services at the nonpublic school buildingdeleted text begin , a public school, or at
a neutral site other than a nonpublic school as defined in section 123B.41, subdivision
13. The school district shall determine the location at which to provide services on a
student-by-student basis, consistent with federal law.deleted text end new text begin unless:
new text end

new text begin (1) the child's parent or guardian agrees to the child receiving special instruction and
services at a public school or at a site other than the school in which the child is enrolled; or
new text end

new text begin (2) the district demonstrates to the commissioner's satisfaction that concerns for the
child's health, safety, or welfare make the nonpublic school an inappropriate site for
providing special instruction and services to the child.new text end

new text begin EFFECTIVE DATE. new text end

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