Bill Text: MN HF2078 | 2011-2012 | 87th Legislature | Chaptered
Bill Title: Nonpublic pupil textbook aid expanded.
Spectrum: Bipartisan Bill
Status: (Passed) 2012-04-16 - Secretary of State Chapter 144 03/30/12 [HF2078 Detail]
Download: Minnesota-2011-HF2078-Chaptered.html
CHAPTER 144--H.F.No. 2078
An act
relating to education finance; expanding use of nonpublic pupil textbook aid; amending Minnesota Statutes 2010, sections 123B.41, by adding a
subdivision; 123B.42; 123B.43; Minnesota Statutes 2011 Supplement, section
123B.41, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2011 Supplement, section 123B.41, subdivision 2, is
amended to read:
Subd. 2. Textbook. (a) "Textbook" means any book or book substitute, including
electronic books as well as other printed materials delivered electronically, 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.
(b) For purposes of calculating the annual nonpublic pupil aid entitlement for
textbooks, the term shall be limited to books, workbooks, or manuals, whether bound
or in loose-leaf form, as well as electronic books and other printed materials delivered
electronically, intended for use as a principal source of study material for a given class or a
group of students.
(c) For purposes of sections 123B.40 to 123B.48, the
and "software or other educational technology" include only such secular, neutral, and
nonideological
public school pupils.
EFFECTIVE DATE.This section is effective July 1, 2012.
Sec. 2. Minnesota Statutes 2010, section 123B.41, is amended by adding a subdivision
to read:
Subd. 5a. Software or other educational technology. For purposes of sections
123B.42 and 123B.43, "software or other educational technology" includes software,
programs, applications, hardware, and any other electronic educational technology.
EFFECTIVE DATE.This section is effective July 1, 2012.
Sec. 3. Minnesota Statutes 2010, section 123B.42, is amended to read:
123B.42 TEXTBOOKS; INDIVIDUAL INSTRUCTION OR COOPERATIVE
LEARNING MATERIAL; STANDARD TESTS.
Subdivision 1. Providing education materials and tests. The commissioner of
education shall promulgate rules under the provisions of chapter 14 requiring that in
each school year, based upon formal requests by or on behalf of nonpublic school pupils
in a nonpublic school, the local districts or intermediary service areas must purchase or
otherwise acquire textbooks, individualized instructional or cooperative learning materials,
software or other educational technology, and standardized tests and loan or provide them
for use by children enrolled in that nonpublic school. These textbooks, individualized
instructional or cooperative learning materials, software or other educational technology,
and standardized tests must be loaned or provided free to the children for the school year
for which requested. The loan or provision of the textbooks, individualized instructional or
cooperative learning materials, and standardized tests shall be subject to rules prescribed
by the commissioner of education.
Subd. 1a. Curriculum; electronic components. A school district that provides
curriculum to resident students that has both physical and electronic components must
make the electronic component accessible to a resident student in a home school in
compliance with sections
student's parent or guardian, provided that the district does not incur more than an
incidental cost as a result of providing access electronically.
Subd. 2. Title to education materials and tests. The title to textbooks,
individualized instructional or cooperative learning materials, software or other
educational technology, and standardized testing materials must remain in the servicing
school district or intermediary service area, and possession or custody may be granted
or charged to administrators of the nonpublic school attended by the nonpublic school
pupil or pupils to whom the textbooks, individualized instructional or cooperative learning
materials, or standardized tests are loaned or provided.
Subd. 3. Cost; limitation. (a) The cost per pupil of the textbooks, individualized
instructional or cooperative learning materials, software or other educational technology,
and standardized tests provided for in this section for each school year must not exceed the
statewide average expenditure per pupil, adjusted pursuant to clause (b), by the Minnesota
public elementary and secondary schools for textbooks, individualized instructional
materials and standardized tests as computed and established by the department by
February 1 of the preceding school year from the most recent public school year data
then available.
(b) The cost computed in clause (a) shall be increased by an inflation adjustment
equal to the percent of increase in the formula allowance, pursuant to section
subdivision 2
(c) The commissioner shall allot to the districts or intermediary service areas the
total cost for each school year of providing or loaning the textbooks, individualized
instructional or cooperative learning materials, software or other educational technology,
and standardized tests for the pupils in each nonpublic school. The allotment shall not
exceed the product of the statewide average expenditure per pupil, according to clause
(a), adjusted pursuant to clause (b), multiplied by the number of nonpublic school pupils
who make requests pursuant to this section and who are enrolled as of September 15 of
the current school year.
EFFECTIVE DATE.This section is effective July 1, 2012.
Sec. 4. Minnesota Statutes 2010, section 123B.43, is amended to read:
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
educational technology 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
instructional materials, software or other educational technology 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
other educational technology, have been used in a manner contrary to the provisions of
section
the commissioner of education.
(e) Nothing contained in 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.
EFFECTIVE DATE.This section is effective July 1, 2012.
