1997 Minnesota Statutes

     123.935 Provision of pupil support services. 

    Subdivision 1.    Provided services.  The state board of 
 education shall promulgate rules under the provisions of chapter 
 14 requiring each school district or other intermediary service 
 area:  (a) to provide each year upon formal request by a 
 specific date by or on behalf of a nonpublic school pupil 
 enrolled in a nonpublic school located in that district or area, 
 the same specific health services as are provided for public 
 school pupils by the district where the nonpublic school is 
 located; and (b) to provide each year upon formal request by a 
 specific date by or on behalf of a nonpublic school secondary 
 pupil enrolled in a nonpublic school located in that district or 
 area, the same specific guidance and counseling services as are 
 provided for public school secondary pupils by the district 
 where the nonpublic school is located.  The district where the 
 nonpublic school is located shall provide the necessary 
 transportation within the district boundaries between the 
 nonpublic school and a public school or neutral site for 
 nonpublic school pupils who are provided pupil support services 
 pursuant to this section.  Each request for pupil support 
 services shall set forth the guidance and counseling or health 
 services requested by or on behalf of all eligible nonpublic 
 school pupils enrolled in a given nonpublic school.  No district 
 or intermediary service area shall expend an amount for these 
 pupil support services which exceeds the amount allotted to it 
 under this section. 

    Subd. 2.    Location of services.  Health services may 
 be provided to nonpublic school pupils pursuant to this section 
 at a public school, a neutral site, the nonpublic school or any 
 other suitable location.  Guidance and counseling services may 
 be provided to nonpublic school pupils pursuant to this section 
 only at a public school or a neutral site.  District or 
 intermediary service area personnel and representatives of the 
 nonpublic school pupils receiving pupil support services shall 
 hold an annual consultation regarding the type of services, 
 provider of services, and the location of the provision of these 
 services.  The district board or intermediary service area 
 governing board shall make the final decision on the location of 
 the provision of these services. 

    Subd. 3.    Guidance and counseling; exclusions.  
 Guidance and counseling services provided to nonpublic school 
 pupils pursuant to this section shall not include the planning 
 or selection of particular courses or classroom activities of 
 the nonpublic school. 

    Subd. 4.    Health services; allotment.  Each school 
 year the commissioner shall allot to the school districts or 
 other intermediary service areas for the provision of health 
 services pursuant to this section the actual cost of the 
 services provided for the pupils in each respective nonpublic 
 school for that school year, but not to exceed the average 
 expenditure per public school pupil for these services by those 
 Minnesota public elementary and secondary schools which provide 
 health services to public school pupils, multiplied by the 
 number of pupils in that particular nonpublic school who request 
 these health services and who are enrolled as of September 15 of 
 the current school year. 

    Subd. 5.    Guidance and counseling services; allotment. 
  Each school year the commissioner shall allot to the school 
 districts or intermediary service areas for the provision of 
 guidance and counseling services pursuant to this section the 
 actual cost of the services provided for the pupils in each 
 respective nonpublic school for that school year.  The allotment 
 for guidance and counseling services for the secondary pupils in 
 each nonpublic school shall not exceed the average expenditure 
 per public school secondary pupil for these services by those 
 Minnesota public schools which provide these services to their 
 secondary pupils, multiplied by the number of secondary pupils 
 in that particular nonpublic school who request these services 
 and who are enrolled as of September 15 of the current school 
 year. 

    Subd. 6.    Computation of maximum allotments.  For 
 purposes of computing maximum allotments for each school year 
 pursuant to this section, the average public school expenditure 
 per pupil for health services and the average public school 
 expenditure per secondary pupil for guidance and counseling 
 services shall be computed and established by the department of 
 children, families, and learning by March 1 of the preceding 
 school year from the most recent public school year data then 
 available. 

    Subd. 7.    Nonpublic education council.  (a) The 
 commissioner shall appoint a 15-member council on nonpublic 
 education.  The 15 members shall represent various areas of the 
 state, represent various methods of providing nonpublic 
 education, and shall be knowledgeable about nonpublic 
 education.  The compensation, removal of members, filling of 
 vacancies, and terms are governed by section 15.0575.  The 
 council shall not expire.  The council shall advise the 
 commissioner and the state board on issues affecting nonpublic 
 education and nonpublic schools.  The council may recognize 
 educational accrediting agencies, for the sole purpose of 
 sections 120.101, 120.102, and 120.103.  

    (b) A parent or guardian of a nonpublic school pupil or a 
 nonpublic school may file a complaint about services provided 
 under sections 123.931 to 123.937 with the nonpublic education 
 council.  The council may review the complaint and make a 
 recommendation for resolution to the commissioner. 

    HIST: 1975 c 396 s 5; 1978 c 733 s 15; 1982 c 424 s 130; 
 1Sp1985 c 12 art 7 s 17; 1987 c 178 s 6; 1988 c 629 s 27; 1993 c 
 224 art 9 s 27; 1Sp1995 c 3 art 16 s 13; 1996 c 412 art 8 s 6,7