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125A.18 SPECIAL INSTRUCTION; NONPUBLIC SCHOOLS.
No resident of a district who is eligible for special instruction and services under this section
may be denied instruction and service on a shared time basis consistent with section 126C.19,
subdivision 4
, because of attending a nonpublic school defined in section 123B.41, subdivision
9
. If a resident pupil with a disability attends a nonpublic school located within the district of
residence, the district must provide necessary transportation for that pupil within the district
between the nonpublic school and the educational facility where special instruction and services
are provided on a shared time basis. If a resident pupil with a disability attends a nonpublic school
located in another district and if no agreement exists under section 126C.19, subdivision 1 or 2,
for providing special instruction and services on a shared time basis to that pupil by the district
of attendance and where the special instruction and services are provided within the district of
residence, the district of residence must provide necessary transportation for that pupil between
the boundary of the district of residence and the educational facility. The district of residence
may provide necessary transportation for that pupil between its boundary and the nonpublic
school attended, but the nonpublic school must pay the cost of transportation provided outside
the district boundary.
Parties serving students on a shared time basis have access to the due process hearing system
described under United States Code, title 20, and the complaint system under Code of Federal
Regulations, title 34, section 300.660-662. In the event it is determined under these systems that
the nonpublic school or staff impeded the public school district's provision of a free appropriate
education, the commissioner may withhold public funds available to the nonpublic school
proportionally applicable to that student under section 123B.42.
History: Ex1959 c 71 art 1 s 17; 1961 c 559 s 2; 1961 c 690 s 1; 1965 c 241 s 1-3; 1967 c
872 s 1; 1969 c 981 s 2-5; 1971 c 689 s 1-3; 1973 c 683 s 1,2; 1975 c 162 s 41; 1975 c 321 s 2;
1975 c 432 s 8-10; 1976 c 211 s 1-6; 1976 c 271 s 13-18; 1977 c 447 art 3 s 1-4; 1977 c 449 s
12; 1978 c 733 s 1; 1978 c 764 s 3-5; 1978 c 793 s 61; 1979 c 334 art 2 s 1,2; art 3 s 2,3; 1980
c 509 s 30; 1981 c 358 art 1 s 1; art 3 s 2-7; 1982 c 424 s 28,29,130; 1982 c 548 art 3 s 1-3;
1983 c 247 s 55; 1983 c 258 s 13; 1983 c 314 art 1 s 22; art 3 s 1; 1984 c 463 art 3 s 1; 1984 c
654 art 5 s 58; 1Sp1985 c 12 art 3 s 2-8; 1986 c 444; 1987 c 384 art 2 s 24; 1987 c 398 art 3 s
2-14; 1988 c 486 s 2-5; 1988 c 629 s 24; 1988 c 718 art 3 s 1; art 6 s 2; 1989 c 209 art 2 s 1;
1989 c 329 art 3 s 1-3; 1991 c 265 art 3 s 1,2,38; art 11 s 1; 1991 c 292 art 6 s 58 subd 2; 1992 c
499 art 3 s 1-7; art 11 s 1; 1993 c 224 art 3 s 1-9; art 14 s 3; 1994 c 483 s 1; 1994 c 647 art 3 s
2-8,34; 1Sp1995 c 3 art 3 s 1-3; art 16 s 13; 1996 c 412 art 2 s 1,2; art 3 s 1-3; 1998 c 397 art
2 s 37,164; art 11 s 3; 1998 c 398 art 2 s 13; 1999 c 123 s 11