1.1 	A bill for an act
1.2 	relating to education; requiring a school district to provide special instruction and 
1.3 	services at the nonpublic school site for a child with disabilities who is enrolled 
1.4 	in a nonpublic school except if the parent agrees otherwise or the district shows 
1.5 	the site is inappropriate;amending Minnesota Statutes 2004, section 126C.19, 
1.6 	subdivision 4.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2004, section 126C.19, subdivision 4, is amended to read:
1.9 		Subd. 4.Location of services. (a) Public school programs that provide instruction 
1.10 	in core curriculum may be provided to shared time pupils only at a public school building. 
1.11 	Public school programs, excluding programs that provide instruction in core curriculum, 
1.12 	may be provided to shared time pupils at a public school building, a neutral site, the 
1.13 	nonpublic school, or any other suitable location. Guidance and counseling and diagnostic 
1.14 	and health services required under sections  125A.03 to  125A.24 and  125A.65 may be 
1.15 	provided at a nonpublic school building. As used in this subdivision, "diagnostic services" 
1.16 	means speech, hearing, vision, psychological, medical and dental diagnostic services and 
1.17 	"health services" means physician, nursing or optometric services provided to pupils 
1.18 	in the field of physical and mental health. 
1.19 	(b) For those children with a disability under sections  125A.03 to  125A.24 who 
1.20 	attend nonpublic school at their parent's choice, a school district ~~may~~must  provide 
1.21 	special instruction and services at the nonpublic school building~~, a public school, or at~~ 
1.22 	~~a neutral site other than a nonpublic school as defined in section  123B.41, subdivision~~ 
1.23 	~~13. The school district shall determine the location at which to provide services on a~~ 
1.24 	~~student-by-student basis, consistent with federal law.~~ unless:
2.1 	(1) the child's parent or guardian agrees to the child receiving special instruction and 
2.2 	services at a public school or at a site other than the school in which the child is enrolled; or 
2.3 	(2) the district demonstrates to the commissioner's satisfaction that concerns for the 
2.4 	child's health, safety, or welfare make the nonpublic school an inappropriate site for 
2.5 	providing special instruction and services to the child.

2.6 	EFFECTIVE DATE. This section is effective the day following final enactment.