HF 3007

as introduced - 87th Legislature (2011 - 2012) Posted on 04/20/2012 09:31am

A bill for an act
relating to education; providing education in care and treatment settings;
appropriating money; amending Minnesota Statutes 2010, sections 124D.68,
subdivision 2; 125A.11, subdivision 2; 125A.20; 125A.515, subdivision 1;
245.4871, subdivision 10; Minnesota Statutes 2011 Supplement, section
126C.05, subdivision 1; proposing coding for new law as Minnesota Statutes,
chapter 125E.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 124D.68, subdivision 2, is amended to
read:

Subd. 2.

Eligible pupils.

A pupil under the age of 21 or who meets the requirements
of section 120A.20, subdivision 1, paragraph (c), is eligible to participate in the graduation
incentives program, if the pupil:

(1) performs substantially below the performance level for pupils of the same age
in a locally determined achievement test;

(2) is behind in satisfactorily completing coursework or obtaining credits for
graduation;

(3) is pregnant or is a parent;

(4) has been assessed as chemically dependent;

(5) has been excluded or expelled according to sections 121A.40 to 121A.56;

(6) has been referred by a school district for enrollment in an eligible program or
a program pursuant to section 124D.69;

(7) is a victim of physical or sexual abuse;

(8) has experienced mental health problems;

(9) has experienced homelessness sometime within six months before requesting a
transfer to an eligible program;

(10) speaks English as a second language or has limited English proficiency; or

(11) has withdrawn from school or has been chronically truant; deleted text begin or
deleted text end

(12) new text begin has been admitted to a care and treatment setting; or
new text end

new text begin (13) new text end is being treated in a hospital in the seven-county metropolitan area for cancer or
other life threatening illness or is the sibling of an eligible pupil who is being currently
treated, and resides with the pupil's family at least 60 miles beyond the outside boundary
of the seven-county metropolitan area.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective .......
new text end

Sec. 2.

Minnesota Statutes 2010, section 125A.11, subdivision 2, is amended to read:

Subd. 2.

Nonresident transportation.

When a district provides instruction and
services in a day new text begin treatment new text end program outside the new text begin resident new text end district deleted text begin of residence deleted text end , the new text begin resident
new text end district deleted text begin of residence deleted text end is responsible for providing transportation. When a district provides
instruction and services requiring board and lodging or placement in a residential program
outside the new text begin resident new text end district deleted text begin of residence deleted text end , the deleted text begin nonresident deleted text end new text begin providing new text end district deleted text begin in which the
child is placed deleted text end is responsible for providing transportation. Transportation costs shall
be paid by the district responsible for providing transportation and the state shall pay
transportation aid to that district.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective .......
new text end

Sec. 3.

Minnesota Statutes 2010, section 125A.20, is amended to read:

125A.20 TRANSPORTATION AID AGREEMENTS.

Notwithstanding the provisions of sections 125A.11, 125A.14, and 125A.15, when
a child receives special instruction and services in a day new text begin treatment new text end program outside the
resident district, the resident district and the deleted text begin nonresident deleted text end new text begin providing new text end district deleted text begin where the
child is placed deleted text end may enter into an agreement deleted text begin providing deleted text end for the deleted text begin nonresident deleted text end new text begin providing new text end
district to pay the cost of any particular transportation categories specified in section
123B.92, subdivision 1, and claim transportation aid for those categories. In this case, the
deleted text begin nonresident deleted text end new text begin providing new text end district may not obtain any payment from the resident district for
the categories covered by the agreement.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective .......
new text end

Sec. 4.

Minnesota Statutes 2010, section 125A.515, subdivision 1, is amended to read:

Subdivision 1.

Approval of education programs.

The commissioner shall
approve education programs for placement of children and youth in residential facilities
including deleted text begin detention centers deleted text end new text begin residential corrections programs new text end , before being licensed by the
Department of Human Services or the Department of Corrections. Education programs in
these facilities shall conform to state and federal education laws including the Individuals
with Disabilities Education Act (IDEA). This section applies only to placements in
facilities licensed by the Department of Human Services or the Department of Corrections.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective .......
new text end

Sec. 5.

new text begin [125E.01] CHILDREN IN CARE AND TREATMENT.
new text end

new text begin Sections 125E.01 to 125E.08 may be cited as the "Education in Care and Treatment
Settings Act."
new text end

Sec. 6.

new text begin [125E.02] DEFINITIONS.
new text end

new text begin (a) For purposes of this section and sections 125E.03 to 125E.08, the terms defined
in this section have the meanings given them.
new text end

new text begin (b) "Care and treatment program" means a day or residential program, including a
court-ordered program, where a child is treated for an emotional disturbance, chemical
dependency, or other condition.
new text end

new text begin (c) "Chemical dependency treatment services" means therapeutic and treatment
services provided to alter a child's pattern of harmful chemical use.
new text end

new text begin (d) "Correctional program services" means any program or activity using treatment
services, consequences, and discipline to control or modify behavior. Correctional
program services are available to youth between ten and 20 years old, and to youth placed
by a court, court services department, parole authority, or other correctional agency having
dispositional power over a child or youth who is charged, convicted, or adjudicated guilty
or delinquent.
new text end

new text begin (e) "Mental health day treatment program" means a structured care and treatment
program provided to a child under section 245.4871, subdivision 10, or 256B.0943.
new text end

new text begin (f) "Partial hospitalization" or "partial hospitalization program" means a time-limited,
structured program of psychotherapy and other therapeutic services defined in rule.
new text end

new text begin (g) "Providing district" means the district in which a child's care and treatment
program is located.
new text end

new text begin (h) "Residential treatment" means a 24-hour-a-day program under the clinical
supervision of a mental health professional, in a community residential setting other
than an acute care hospital or regional treatment center inpatient unit, that is licensed as
a residential treatment program for children with emotional disturbances under rules
adopted by the commissioner.
new text end

new text begin (i) "Secure detention facility" means a physically restrictive facility, including but
not limited to a jail, hospital, state institution, residential treatment center, or detention
home used for the temporary care of a child pending court action.
new text end

new text begin (j) "Shelter" means a licensed facility providing temporary safe placement for a
child who cannot stay at home.
new text end

new text begin (k) "Subacute psychiatric care for persons under 21 years of age" means short-term
psychiatric services under section 256B.0625, subdivision 45.
new text end

new text begin (l) "Year-round education" means an education program aligned with the schedule of
a care and treatment setting and continuously available throughout a 12-month period.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective .......
new text end

Sec. 7.

new text begin [125E.03] EDUCATING CHILDREN IN CARE AND TREATMENT
PROGRAMS.
new text end

new text begin Subdivision 1. new text end

new text begin Education services required. new text end

new text begin (a) Education services are available
to a child in a day or residential care and treatment program. The providing district
is responsible for the child's education services, including the services in the child's
individualized education program.
new text end

new text begin (b) A providing district must make education services available to a child beginning
within three school days after the child enters a care and treatment program. The district
may use the first four days of the child's placement in the program to assess the child's
education and safety needs.
new text end

new text begin (c) A district must provide regular education services to a child who does not receive
special education services.
new text end

new text begin (d) When a school district provides an education program within a care and
treatment program, the school board of the district may enter into a contract with the
care and treatment program to provide education services or sign a memorandum of
understanding with the facility's program director indicating that facility staff are qualified
to provide the education program within the therapeutic environment. The memorandum
of understanding may be to:
new text end

new text begin (1) recruit, train, and supervise education programming staff;
new text end

new text begin (2) contract with an intermediate district, alternative school, or other entity approved
by the commissioner to provide education services; or
new text end

new text begin (3) provide the education services.
new text end

new text begin Subd. 2. new text end

new text begin Notice to resident district. new text end

new text begin The district providing education services to a
child in a care and treatment program must notify the child's resident district of the child's
placement in the program within three days of the beginning of that placement.
new text end

new text begin Subd. 3. new text end

new text begin Coordinating a child's transition to another district. new text end

new text begin When a district
providing a care and treatment program discharges a child and the child enrolls in another
district, the providing district must coordinate the discharge with the enrolling district.
new text end

new text begin Subd. 4. new text end

new text begin Educating children in care and treatment programs. new text end

new text begin (a) When a
child is placed in a care and treatment program with an on-site education program, the
providing district must contact the resident district within one business day after receiving
notice of the child's placement to determine whether the child is identified as having a
disability and, if the child is an eligible child with a disability, request at least the child's
transcript and the most recent individualized education program and evaluation report.
The resident district must transmit a facsimile copy to the providing district within two
business days after receiving the request.
new text end

new text begin (b) For a child with an individualized education program placed under this section,
the providing district must conduct an individualized education program meeting to reach
an agreement about continuing or modifying special education services based on the
child's individualized education program goals and objectives and determine if additional
evaluations are necessary. The person or agency placing the child, the resident district,
appropriate teachers and related services staff in the providing district, appropriate staff
from the residential facility, the child's parent or legal guardian, and, when appropriate,
the child, must participate in the meeting.
new text end

new text begin (c) For a child who has not been identified as a child with a disability, the providing
district must assess the child's educational and behavioral needs as soon as practicable,
which includes reviewing the child's education records.
new text end

new text begin Subd. 5. new text end

new text begin Placement, services, and due process. new text end

new text begin (a) A providing district must
educate a child in a regular education setting to the extent appropriate. The child's parent
or legal guardian and the treatment and education staff jointly must determine the amount
and site of the child's integrated services. Where applicable, the individualized education
program team of the providing district must make the educational placement decisions,
including providing education services to the child in the least restrictive environment. The
providing district and the care and treatment program shall develop emergency discipline
and behavior management procedures consistent with applicable state and federal law.
new text end

new text begin (b) A providing district must ensure that a child placed in a care and treatment
program receives:
new text end

new text begin (1) necessary and appropriate education services, regardless of whether the child is
performing at grade level as indicated by the child's individualized education program
or education records; and
new text end

new text begin (2) instruction during the school day equal in time to the instructional day in the
providing district unless, in consultation with treatment providers, the district determines
that the child's unique needs, as documented in the child's individualized education
program or education records, requires altering the length of the instructional day.
new text end

new text begin Subd. 6. new text end

new text begin Exit report summarizing educational progress. new text end

new text begin A providing district
must prepare an exit report for a child placed in a care and treatment program for 15
or more school days that summarizes the child's regular education, special education,
evaluation, educational progress, and service information. The district must transmit the
report to the resident district, the next providing district if another district, the child's
parent or legal guardian, and appropriate social service agencies. For students with
disabilities, the report must include the child's individualized education program. For
education programs operated by the Department of Corrections, the providing district is
the Department of Corrections. For students remanded to the commissioner of corrections,
the Department of Corrections is the providing and resident district.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective .......
new text end

Sec. 8.

new text begin [125E.04] PLACEMENT IN A CARE AND TREATMENT PROGRAM.
new text end

new text begin School districts, courts, human services agencies, parents, licensed mental health
professionals, or medical practitioners may place a child in a care and treatment program
based on the child's individual needs, the type of care and treatment program, and the
ability of the program to immediately serve the child. A district not paying for the care
and treatment program may recommend a particular program but cannot require a child to
attend that program.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective .......
new text end

Sec. 9.

new text begin [125E.05] YEAR-ROUND EDUCATION.
new text end

new text begin Subdivision 1. new text end

new text begin Year-round education. new text end

new text begin A child in a residential treatment, day
treatment, shelter, or detention program is eligible for year-round education.
new text end

new text begin Subd. 2. new text end

new text begin Year-round education in care and treatment programs. new text end

new text begin A providing
district must offer year-round education throughout the calendar year to a child placed in a
mental health day treatment or chemical dependency or residential treatment program.
new text end

new text begin Subd. 3. new text end

new text begin Transportation cost for year-round education. new text end

new text begin The district or charter
school responsible for transporting a child shall pay transportation costs for year-round
education. The state shall pay transportation aid to that district or charter school out of the
transportation revenue appropriated under subdivision 4.
new text end

new text begin Subd. 4. new text end

new text begin Annual appropriation; transportation for year-round education.
new text end

new text begin $....... annually is appropriated from the general fund to the commissioner for district and
charter school costs related to transporting children placed in a care and treatment setting
providing year-round education under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective .......
new text end

Sec. 10.

new text begin [125E.06] EDUCATION SERVICES FUND.
new text end

new text begin Subdivision 1. new text end

new text begin Care and treatment education fund. new text end

new text begin A care and treatment
education fund is established to pay the costs of educating children placed in care and
treatment programs for 15 or more school days. The department shall use a formula based
on actual education costs to reimburse providing districts. The department also may use
this fund to pay for the regular education costs of children who are not Minnesota residents
but who are placed in a Minnesota care and treatment program. A district providing
education at a care and treatment program site shall not receive general education aid or
special education aid. A district providing education at a site other than the care and
treatment program site shall receive general education aid and special education aid.
The resident district is responsible for educating children placed in a care and treatment
program for fewer than 15 days. This fund does not affect the requirement to educate a
child in the least restrictive environment.
new text end

new text begin Subd. 2. new text end

new text begin Billing system. new text end

new text begin The commissioner, in cooperation with the commissioners
of human services and corrections, and with input from appropriate billing system users,
shall develop and implement a uniform billing system applicable to school districts and
other agencies, including private providers, who provide education services for children
placed in an out-of-home care and treatment setting. The uniform billing system must:
new text end

new text begin (1) allow service providers to bill districts using minimum district administration;
new text end

new text begin (2) allow districts to readily bill the state for regular and special education services
provided under law;
new text end

new text begin (3) provide flexibility for day treatment and other services provided to children
placed in out-of-home care and treatment programs;
new text end

new text begin (4) allow the commissioner to track service type, cost, and quality provided to
children placed in out-of-home care and treatment programs;
new text end

new text begin (5) conform with existing special education and proposed regular education billing
procedures;
new text end

new text begin (6) provide a uniform per diem reporting standard; and
new text end

new text begin (7) determine allowable expenses and maximum reimbursement rates for state
reimbursement of services provided in a care and treatment setting.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective .......
new text end

Sec. 11.

new text begin [125E.07] HOMELESS SHELTERS.
new text end

new text begin A district enrolling a homeless child under section 127A.47, subdivision 2, who is in
a public or private homeless shelter shall provide transportation for that child, unless the
enrolling district and the providing district in which the pupil is temporarily placed agree
that the providing district shall provide transportation. When a child without a disability
is temporarily placed in a residential program outside the child's resident district, the
court administrator placing the child must send timely written notice of the placement
to the resident district. The providing district may contract with a residential facility for
education instruction provided by Minnesota licensed teachers. For purposes of this
section, a state correctional facility operated on a fee-for-service basis is a residential
program for care and treatment.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective .......
new text end

Sec. 12.

new text begin [125E.08] CARE AND TREATMENT; SPECIAL TRANSPORTATION
AID.
new text end

new text begin A school district or charter school required to provide transportation services to a
child in a care and treatment program is eligible for state aid equal to the amounts actually
spent by the district for:
new text end

new text begin (1) contract transportation services provided to children in care and treatment
settings;
new text end

new text begin (2) the actual cost the district or charter school incurs in providing transportation
services;
new text end

new text begin (3) round-trip reimbursement for parents or guardians who provide transportation for
their children, where "round-trip reimbursement" means the rate per mile established by
the commissioner for parents' trips between the child's residence and the treatment facility;
new text end

new text begin (4) transporting up to three children to a facility outside district boundaries;
new text end

new text begin (5) transporting children receiving year-round education;
new text end

new text begin (6) transporting children in transition back to their resident district;
new text end

new text begin (7) care and treatment program costs for transportation;
new text end

new text begin (8) the transition from a residential facility to a regular education program; and
new text end

new text begin (9) prorated program costs.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective .......
new text end

Sec. 13.

Minnesota Statutes 2011 Supplement, section 126C.05, subdivision 1, is
amended to read:

Subdivision 1.

Pupil unit.

Pupil units for each Minnesota resident pupil under the
age of 21 or who meets the requirements of section 120A.20, subdivision 1, paragraph (c),
in average daily membership enrolled in the district of residence, in another district under
sections 123A.05 to 123A.08, 124D.03, 124D.08, or 124D.68; in a charter school under
section 124D.10; or for whom the resident district pays tuition under section 123A.18,
123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88, subdivision 4, 124D.04,
124D.05, 125A.03 to 125A.24, 125A.51, or 125A.65, shall be counted according to this
subdivision.

(a) A prekindergarten pupil with a disability who is enrolled in a program approved
by the commissioner and has an individualized education program is counted as the ratio
of the number of hours of assessment and education service to 825 times 1.25 with a
minimum average daily membership of 0.28, but not more than 1.25 pupil units.

(b) A prekindergarten pupil who is assessed but determined not to be disabled is
counted as the ratio of the number of hours of assessment service to 825 times 1.25.

(c) A kindergarten pupil with a disability who is enrolled in a program approved
by the commissioner is counted as the ratio of the number of hours of assessment and
education services required in the fiscal year by the pupil's individualized education
program to 875, but not more than one.

(d) A kindergarten pupil who is not included in paragraph (c) is counted as .612
pupil units.

(e) A pupil who is in any of grades 1 to 3 is counted as 1.115 pupil units for fiscal
year 2000 and thereafter.

(f) A pupil who is any of grades 4 to 6 is counted as 1.06 pupil units for fiscal
year 1995 and thereafter.

(g) A pupil who is in any of grades 7 to 12 is counted as 1.3 pupil units.

(h) A pupil who is in the postsecondary enrollment options program is counted
as 1.3 pupil units.

new text begin (i) A pupil in a day treatment program as defined under section 125E.02, subdivision
2, or a residential treatment facility as defined in section 125E.02, subdivision 3, is eligible
for up to 300 additional hours of service and is counted by the providing district, in
addition to the amounts calculated in paragraphs (a) to (h), as 1.3 pupil units times the
lesser of one or the number of hours served in a day treatment program divided by 300.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective .......
new text end

Sec. 14.

Minnesota Statutes 2010, section 245.4871, subdivision 10, is amended to
read:

Subd. 10.

new text begin Mental health new text end day treatment deleted text begin services deleted text end new text begin program new text end .

deleted text begin "Day treatment," "day
treatment services," or "day treatment program" deleted text end new text begin "Mental health day treatment program" new text end
means a structured program of treatment and care provided to a child in:

(1) an outpatient hospital accredited by the Joint Commission on Accreditation of
Health Organizations and licensed under sections 144.50 to 144.55;

(2) a community mental health center under section 245.62;

(3) an entity deleted text begin that is deleted text end under contract with the county board to operate a program that
meets the requirements of section 245.4884, subdivision 2, and Minnesota Rules, parts
9505.0170 to 9505.0475; or

(4) an entity deleted text begin that operates deleted text end new text begin operating new text end a program that meets the requirements of section
245.4884, subdivision 2, and Minnesota Rules, parts 9505.0170 to 9505.0475, deleted text begin that is deleted text end
under contract with an entity that is under contract with a county board.

new text begin A mental health new text end day treatment new text begin program new text end consists of group psychotherapy and other
intensive therapeutic services deleted text begin that are deleted text end provided for a minimum two-hour time block by
a multidisciplinary staff under the clinical supervision of a mental health professional.
new text begin Mental health new text end day treatment new text begin programs new text end may include education and consultation provided
to families and other individuals as an extension of the treatment process. The services
are aimed at stabilizing the child's mental health status, and developing and improving
the child's daily independent living and socialization skills. new text begin Mental health new text end day treatment
deleted text begin services deleted text end new text begin programs new text end are distinguished from day care by their structured therapeutic program
of psychotherapy services. deleted text begin Day treatment deleted text end Services new text begin provided in a mental health day
treatment program new text end are not a part of inpatient hospital or residential treatment services.

A new text begin service provided in a mental health new text end day treatment deleted text begin service deleted text end new text begin program new text end must be
available to a child up to 15 hours a week throughout the year and must be coordinated
with, integrated with, or part of an education program offered by the child's school.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective .......
new text end