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Minnesota Legislature

Office of the Revisor of Statutes

123B.41 DEFINITIONS.
    Subdivision 1. Application. As used in sections 123B.40 to 123B.48, the terms defined in
this section shall have the meanings ascribed to them.
    Subd. 2. Textbook. "Textbook" means any book or book substitute 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.
The term shall be limited to books, workbooks, or manuals, whether bound or in loose-leaf form,
intended for use as a principal source of study material for a given class or a group of students.
The term includes only such secular, neutral and nonideological textbooks as are available, used
by, or of benefit to Minnesota public school pupils.
    Subd. 3. Standardized tests. "Standardized tests" means standardized tests and scoring
services which are provided by commercial publishing organizations or the state and which are in
use in the public schools of Minnesota to measure the progress of pupils in secular subjects.
    Subd. 4. Pupil support services. "Pupil support services" means guidance and counseling
services and health services.
    Subd. 5. Individualized instructional or cooperative learning materials. "Individualized
instructional or cooperative learning materials" means educational materials which:
(a) are designed primarily for individual pupil use or use by pupils in a cooperative learning
group in a particular class or program in the school the pupil regularly attends;
(b) are secular, neutral, nonideological and not capable of diversion for religious use; and
(c) are available, used by, or of benefit to Minnesota public school pupils.
Subject to the requirements in clauses (a), (b), and (c), "individualized instructional or
cooperative learning materials" include, but are not limited to, the following if they do not fall
within the definition of "textbook" in subdivision 2: published materials; periodicals; documents;
pamphlets; photographs; reproductions; pictorial or graphic works; prerecorded video programs;
prerecorded tapes, cassettes and other sound recordings; manipulative materials; desk charts;
games; study prints and pictures; desk maps; models; learning kits; blocks or cubes; flash cards;
individualized multimedia systems; prepared instructional computer software programs; choral
and band sheet music; and CD-Rom.
"Individualized instructional or cooperative learning materials" do not include instructional
equipment, instructional hardware, or ordinary daily consumable classroom supplies.
    Subd. 6. Pupils. "Pupils" means elementary and secondary pupils.
    Subd. 7. Elementary pupils. "Elementary pupils" means pupils in grades kindergarten
through 6; provided, each kindergarten pupil shall be counted as one-half pupil for all
computations pursuant to sections 123B.40 to 123B.42, and 123B.44 to 123B.48.
    Subd. 8. Secondary pupils. "Secondary pupils" means pupils in grades 7 through 12.
    Subd. 9. Nonpublic school defined. "Nonpublic school" means any school, church or
religious organization, or home school wherein a resident of Minnesota may legally fulfill the
compulsory instruction requirements of section 120A.22, which is located within the state, and
which meets the requirements of Title VI of the Civil Rights Act of 1964 (Public Law 88-352).
It does not mean a public school.
    Subd. 10. Nonsectarian nonpublic school. "Nonsectarian nonpublic school" means any
nonpublic school as defined in subdivision 9, which is not church related, is not controlled by a
church, and does not promote a religious belief.
    Subd. 11. Pupil; student. "Pupil" or "student" means a child enrolled in a school and is
limited to children who are residents, or children of residents, of Minnesota.
    Subd. 12. Intermediary service area. "Intermediary service area" means a school
administrative unit approved by the commissioner, other than a single school district, including
but not limited to the following:
(a) a service cooperative;
(b) a cooperative of two or more school districts;
(c) learning centers; or
(d) an association of schools or school districts.
    Subd. 13. Neutral site. "Neutral site" means a public center, a nonsectarian nonpublic
school, a mobile unit located off the nonpublic school premises, or any other location off the
nonpublic school premises which is neither physically nor educationally identified with the
functions of the nonpublic school.
    Subd. 14. Guidance and counseling services. "Guidance and counseling services" means
all activities of a licensed counselor in counseling pupils and parents, providing counseling
on learning problems, evaluating the abilities of pupils, assisting pupils in personal and social
development and providing referral assistance.
    Subd. 15. Health services. "Health services" means physician, dental, nursing or optometric
services and health supplies brought to the site by the health professional for pupil usage in
the field of physical or mental health; provided the term does not include direct educational
instruction, services which are required pursuant to sections 125A.03 to 125A.24, and 125A.65,
and 125A.26 to 125A.48, or services which are eligible to receive special education aid pursuant
to section 125A.75.
History: 1975 c 396 s 2; 1978 c 733 s 3-13; 1979 c 34 s 1; 1980 c 609 art 4 s 2; art 6 s
20,21; 1982 c 424 s 32; 1986 c 444; 1989 c 209 art 2 s 1; 1991 c 130 s 7; 1993 c 224 art 13 s
29; 1994 c 647 art 13 s 4; 1995 c 186 s 119; 1996 c 305 art 1 s 138; 1996 c 412 art 8 s 1-4;
1998 c 397 art 7 s 10,164; art 11 s 3