Purpose

To require districts and intermediary service areas to provide nonpublic school pupils with the same health services and guidance and counseling services that public school pupils receive, upon formal yearly requests, and to address transportation and funding for these services.

Main provisions

• The commissioner of education must create rules (under chapter 14) requiring districts or intermediary service areas to:
  • Provide, upon a formal request by a specific date, the same health services for nonpublic school pupils as are provided to public school pupils in the district where the nonpublic school is located.
  • Provide, upon a formal request by a specific date, the same guidance and counseling services for nonpublic elementary or secondary pupils as are provided to public school secondary pupils in the district where the nonpublic school is located.
• Transportation required: If a district offers pupil support services at a site other than the nonpublic school, the district must provide the necessary transportation within its boundaries between the nonpublic school and a public school or neutral site.
• Each request for pupil support services must specify the guidance and counseling or health services requested for all eligible nonpublic school pupils in a given nonpublic school.
• Spending cap: No district or intermediary service area may spend more on these pupil services than the amount allotted to it under this section.

How it changes existing law

• Amends Minnesota Statutes 2024 section 123B.44, subdivision 1, to explicitly require the provision of health services and guidance/counseling services to nonpublic school pupils on the same basis as public school pupils, upon formal requests.
• Establishes transportation requirements and a defined annual request process tied to funding for nonpublic pupil aid.

Service delivery and requirements

• Services covered: health services and guidance and counseling services.
• Who must provide: districts or intermediary service areas.
• Trigger for services: annual formal request by a specific date on behalf of nonpublic school pupils.
• Location of services: provided by the district where the nonpublic school is located; transportation to a public or neutral site if services occur off-site.
• Scope of requests: must identify services for all eligible pupils at a given nonpublic school.
• Funding constraint: services cannot exceed the amount allotted under the statute.

Impact and who is affected

• Nonpublic school pupils in Minnesota who enroll in nonpublic schools within a district or intermediatary service area become eligible for the same health and counseling services as public school pupils, subject to the annual request and funding.
• Districts and intermediary service areas are accountable for delivering these services and for transportation when applicable, within the specified funding limits.

Implementation notes

• Rules to be promulgated by the commissioner of education under chapter 14 to implement these requirements.

Relevant Terms nonpublic school pupil; nonpublic school; pupil support services; health services; guidance and counseling services; district; intermediary service area; transportation; neutral site; formal request; specific date; public school pupils; district where the nonpublic school is located; all eligible nonpublic school pupils; Minnesota Statutes 2024 section 123B.44; subdivision 1; nonpublic pupil aid; amount allotted; rules under chapter 14.