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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 and individualized instructional materials 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 and individualized
instructional materials 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 or individualized instructional materials
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.
History: 1980 c 609 art 4 s 5; 1982 c 424 s 130; 1990 c 562 art 7 s 6; 1993 c 224 art 13 s
30; 1998 c 397 art 7 s 20,164; art 11 s 3; 1998 c 398 art 5 s 55; 2003 c 130 s 12

Official Publication of the State of Minnesota
Revisor of Statutes