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HF 2078

2nd Engrossment - 87th Legislature (2011 - 2012) Posted on 05/22/2012 12:22pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/01/2012
1st Engrossment Posted on 03/15/2012
2nd Engrossment Posted on 03/28/2012
Unofficial Engrossments
1st Unofficial Engrossment Posted on 03/28/2012

Current Version - 2nd Engrossment

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A bill for an act
relating to education finance; expanding use of nonpublic pupil textbook aid;
amending Minnesota Statutes 2010, sections 123B.41, by adding a subdivision;
123B.42; 123B.43; Minnesota Statutes 2011 Supplement, section 123B.41,
subdivision 2.

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

Section 1.

Minnesota Statutes 2011 Supplement, section 123B.41, subdivision 2, is
amended to read:


Subd. 2.

Textbook.

new text begin(a) new text end"Textbook" means any book or book substitute, including
electronic books as well as other printed materials delivered electronically, which a pupil
uses as a text or text substitute in a particular class or program in the school regularly
attended and a copy of which is expected to be available for the individual use of each
pupil in this class or program.

new text begin (b) For purposes of calculating the annual nonpublic pupil aid entitlement for
textbooks,
new text end the term shall be limited to books, workbooks, or manuals, whether bound
or in loose-leaf form, as well as electronic books and other printed materials delivered
electronically, intended for use as a principal source of study material for a given class or a
group of students.

new text begin (c) For purposes of sections 123B.40 to 123B.48, new text end the deleted text beginterm includesdeleted text endnew text begin terms "textbook"
and "software or other educational technology" include
new text end only such secular, neutralnew text begin,new text end and
nonideological deleted text begintextbooksdeleted text endnew text begin materialsnew text end as are available, used by, or of benefit to Minnesota
public school pupils.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2012.
new text end

Sec. 2.

Minnesota Statutes 2010, section 123B.41, is amended by adding a subdivision
to read:


new text begin Subd. 5a. new text end

new text begin Software or other educational technology. new text end

new text begin For purposes of sections
123B.42 and 123B.43, "software or other educational technology" includes software,
programs, applications, hardware, and any other electronic educational technology.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2012.
new text end

Sec. 3.

Minnesota Statutes 2010, section 123B.42, is amended to read:


123B.42 TEXTBOOKS; INDIVIDUAL INSTRUCTION OR COOPERATIVE
LEARNING MATERIAL; STANDARD TESTS.

Subdivision 1.

Providing education materials and tests.

The commissioner of
education shall promulgate rules under the provisions of chapter 14 requiring that in
each school year, based upon formal requests by or on behalf of nonpublic school pupils
in a nonpublic school, the local districts or intermediary service areas must purchase or
otherwise acquire textbooks, individualized instructional or cooperative learning materials,new text begin
software or other educational technology,
new text end and standardized tests and loan or provide them
for use by children enrolled in that nonpublic school. These textbooks, individualized
instructional or cooperative learning materials,new text begin software or other educational technology,new text end
and standardized tests must be loaned or provided free to the children for the school year
for which requested. The loan or provision of the textbooks, individualized instructional or
cooperative learning materials, and standardized tests shall be subject to rules prescribed
by the commissioner of education.

Subd. 1a.

Curriculum; electronic components.

A school district that provides
curriculum to resident students that has both physical and electronic components must
make the electronic component accessible to a resident student in a home school in
compliance with sections 120A.22 and 120A.24 at the request of the student or the
student's parent or guardian, provided that the district does not incur more than an
incidental cost as a result of providing access electronically.

Subd. 2.

Title to education materials and tests.

The title to textbooks,
individualized instructional or cooperative learning materials,new text begin software or other
educational technology,
new text end and standardized testing materials must remain in the servicing
school district or intermediary service area, and possession or custody may be granted
or charged to administrators of the nonpublic school attended by the nonpublic school
pupil or pupils to whom the textbooks, individualized instructional or cooperative learning
materials, or standardized tests are loaned or provided.

Subd. 3.

Cost; limitation.

(a) The cost per pupil of the textbooks, individualized
instructional or cooperative learning materials,new text begin software or other educational technology,new text end
and standardized tests provided for in this section for each school year must not exceed the
statewide average expenditure per pupil, adjusted pursuant to clause (b), by the Minnesota
public elementary and secondary schools for textbooks, individualized instructional
materials and standardized tests as computed and established by the department by
February 1 of the preceding school year from the most recent public school year data
then available.

(b) The cost computed in clause (a) shall be increased by an inflation adjustment
equal to the percent of increase in the formula allowance, pursuant to section 126C.10,
subdivision 2
, from the second preceding school year to the current school year.

(c) The commissioner shall allot to the districts or intermediary service areas the
total cost for each school year of providing or loaning the textbooks, individualized
instructional or cooperative learning materials,new text begin software or other educational technology,new text end
and standardized tests for the pupils in each nonpublic school. The allotment shall not
exceed the product of the statewide average expenditure per pupil, according to clause
(a), adjusted pursuant to clause (b), multiplied by the number of nonpublic school pupils
who make requests pursuant to this section and who are enrolled as of September 15 of
the current school year.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2012.
new text end

Sec. 4.

Minnesota Statutes 2010, section 123B.43, is amended to read:


123B.43 USE OF INDIVIDUALIZED INSTRUCTIONAL MATERIALS.

(a) The commissioner shall assure that textbooks and individualized instructional
materials loaned to nonpublic school pupils are secular, neutral, nonideological and that
they are incapable of diversion for religious use.

(b) Textbooks deleted text beginanddeleted text endnew text begin,new text end individualized instructional materialsnew text begin, software or other
educational technology
new text end must not be used in religious courses, devotional exercises,
religious training or any other religious activity.

(c) Textbooks and individualized instructional materials must be loaned only to
individual pupils upon the request of a parent or guardian or the pupil on a form designated
for this use by the commissioner. The request forms shall provide for verification by the
parent or guardian or pupil that the requested textbooks and individualized instructional
materials are for the use of the individual pupil in connection with a program of instruction
in the pupil's elementary or secondary school.

(d) The servicing school district or the intermediary service area must take adequate
measures to ensure an accurate and periodic inventory of all textbooks deleted text beginanddeleted text endnew text begin,new text end individualized
instructional materialsnew text begin, software or other educational technologynew text end loaned to elementary
and secondary school pupils attending nonpublic schools. The commissioner of education
shall promulgate rules under the provisions of chapter 14 to terminate the eligibility of
any nonpublic school pupil if the commissioner determines, after notice and opportunity
for hearing, that the textbooks deleted text beginordeleted text endnew text begin,new text end individualized instructional materialsnew text begin, or software or
other educational technology,
new text end have been used in a manner contrary to the provisions of
section 123B.41, subdivision 5, 123B.42, or this section or any rules promulgated by
the commissioner of education.

(e) Nothing contained in section 123B.41, subdivision 5, 123B.42, or this section
shall be construed to authorize the making of any payments to a nonpublic school or its
faculty, staff or administrators for religious worship or instruction or for any other purpose.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2012.
new text end