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    (a) Notwithstanding other law or rule to the contrary and in order to effectively meet students'
educational needs and foster parents' meaningful participation in their children's education, a
school district may apply to the commissioner for a waiver from the requirement to maintain
racial balance within a district school if the racial imbalance in that school results from:
    (1) the enrollment of protected multiracial students and the proportion of enrolled multiracial
students reflects the proportion of multiracial students who reside in the school attendance area or
who are enrolled in the grade levels served by the district; or
    (2) the enrollment of limited English proficiency students in a transition program that
includes an intensive English component.
The commissioner must grant the waiver if the district in which the school is located offers
the multiracial students or the limited English proficiency students, as appropriate, the option
of enrolling in another school with the requisite racial balance, and the students' parents choose
not to pursue that option.
    (b) This section is effective for the 2006-2007 through 2010-2011 school years or until
amended rules are adopted under Minnesota Rules, chapter 3535, pertaining to racial diversity,
whichever comes first.
History: 2007 c 146 art 2 s 26

Official Publication of the State of Minnesota
Revisor of Statutes