HF 3532

as introduced - 86th Legislature (2009 - 2010) Posted on 03/09/2010 10:13am

A bill for an act
relating to education finance; clarifying that a school district is not required to
provide educational services to students without disabilities from other states;
amending Minnesota Statutes 2008, section 125A.515.

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

Section 1.

Minnesota Statutes 2008, section 125A.515, is amended to read:

125A.515 PLACEMENT OF STUDENTS; APPROVAL OF EDUCATION
PROGRAM.

Subdivision 1.

Approval of education programs.

The commissioner shall approve
education programs for placement of children and youth in residential facilities including
detention centers, 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.

Subd. 3.

Responsibilities for providing education.

(a) The district in which the
residential facility is located must provide education services, including special education
if eligible, to all students placed in a facility.

(b) For education programs operated by the Department of Corrections, the
providing district shall be the Department of Corrections. For students remanded to the
commissioner of corrections, the providing and resident district shall be the Department
of Corrections.

new text begin Subd. 3a. new text end

new text begin Students without a disability from other states. new text end

new text begin A school district is not
required to provide education services under this section to a student who:
new text end

new text begin (1) is not a resident of Minnesota;
new text end

new text begin (2) does not have an individual education plan; and
new text end

new text begin (3) does not have a tuition arrangement or agreement to pay the cost of education
from the placing authority.
new text end

Subd. 4.

Education services required.

(a) Education services must be provided
to a student beginning within three business days after the student enters the care and
treatment facility. The first four days of the student's placement may be used to screen the
student for educational and safety issues.

(b) If the student does not meet the eligibility criteria for special education, regular
education services must be provided to that student.

Subd. 5.

Education programs for students placed in residential facilities.

(a)
When a student is placed in a facility approved under this section that has an on-site
education program, the providing district, upon notice from the care and treatment facility,
must contact the resident district within one business day to determine if a student has
been identified as having a disability, and to request at least the student's transcript, and
for students with disabilities, the most recent individualized education plan (IEP) and
evaluation report, and to determine if the student has been identified as a student with a
disability. The resident district must send a facsimile copy to the providing district within
two business days of receiving the request.

(b) If a student placed under this section has been identified as having a disability
and has an individual education plan in the resident district:

(1) the providing agency must conduct an individualized education plan meeting
to reach an agreement about continuing or modifying special education services in
accordance with the current individualized education plan goals and objectives and to
determine if additional evaluations are necessary; and

(2) at least the following people shall receive written notice or documented phone
call to be followed with written notice to attend the individualized education plan meeting:

(i) the person or agency placing the student;

(ii) the resident district;

(iii) the appropriate teachers and related services staff from the providing district;

(iv) appropriate staff from the residential facility;

(v) the parents or legal guardians of the student; and

(vi) when appropriate, the student.

(c) For a student who has not been identified as a student with a disability, a
screening must be conducted by the providing districts as soon as possible to determine
the student's educational and behavioral needs and must include a review of the student's
educational records.

Subd. 6.

Exit report summarizing educational progress.

If a student has been
placed in a facility under this section for 15 or more business days, the providing district
must prepare an exit report summarizing the regular education, special education,
evaluation, educational progress, and service information and must send the report to the
resident district and the next providing district if different, the parent or legal guardian,
and any appropriate social service agency. For students with disabilities, this report must
include the student's IEP.

Subd. 7.

Minimum educational services required.

When a student is placed in a
facility approved under this section, at a minimum, the providing district is responsible for:

(1) the education necessary, including summer school services, for a student who is
not performing at grade level as indicated in the education record or IEP; and

(2) a school day, of the same length as the school day of the providing district, unless
the unique needs of the student, as documented through the IEP or education record in
consultation with treatment providers, requires an alteration in the length of the school day.

Subd. 8.

Placement, services, and due process.

When a student's treatment and
educational needs allow, education shall be provided in a regular educational setting.
The determination of the amount and site of integrated services must be a joint decision
between the student's parents or legal guardians and the treatment and education staff.
When applicable, educational placement decisions must be made by the IEP team of
the providing district. Educational services shall be provided in conformance with the
least restrictive environment principle of the Individuals with Disabilities Education
Act. The providing district and care and treatment facility shall cooperatively develop
discipline and behavior management procedures to be used in emergency situations that
comply with the Minnesota Pupil Fair Dismissal Act and other relevant state and federal
laws and regulations.

Subd. 9.

Reimbursement for education services.

(a) Education services provided
to students who have been placed under this section are reimbursable in accordance with
special education and general education statutes.

(b) Indirect or consultative services provided in conjunction with regular education
prereferral interventions and assessment provided to regular education students suspected
of being disabled and who have demonstrated learning or behavioral problems in a
screening are reimbursable with special education categorical aids.

(c) Regular education, including screening, provided to students with or without
disabilities is not reimbursable with special education categorical aids.

Subd. 10.

Students unable to attend school but not covered under this section.

Students who are absent from, or predicted to be absent from, school for 15 consecutive
or intermittent days, and placed at home or in facilities not licensed by the Departments
of Corrections or Human Services are entitled to regular and special education services
consistent with this section or Minnesota Rules, part 3525.2325. These students include
students with and without disabilities who are home due to accident or illness, in a hospital
or other medical facility, or in a day treatment center.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010, for fiscal years 2011
and later.
new text end