Minnesota Legislature
HF 2078
as introduced - 87th Legislature (2011 - 2012) Posted on 02/16/2012 04:12pm
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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; 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 begin term includesdeleted text end new text begin terms "textbook"
and "software or other educational technology" includenew text end only such secular, neutralnew text begin ,new text end and
nonideological deleted text begin textbooksdeleted text end new 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