HF 768

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; providing for education 
  1.3             programs in care and treatment facilities; 
  1.4             appropriating money; amending Minnesota Statutes 2000, 
  1.5             section 125A.515; repealing Minnesota Rules, part 
  1.6             3525.2325. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 125A.515, is 
  1.9   amended to read: 
  1.10     125A.515 [PLACEMENT OF CHILDREN WITH AND WITHOUT 
  1.11  DISABILITIES; APPROVAL OF EDUCATION PROGRAM.] 
  1.12     Subdivision 1.  [PROGRAM APPROVAL.] The commissioner shall 
  1.13  approve education programs in care and treatment facilities for 
  1.14  placement of children with and without disabilities, including 
  1.15  detention centers, before being licensed by the department of 
  1.16  human services or the department of corrections.  Education 
  1.17  programs in these facilities shall conform to state and federal 
  1.18  education laws, including the Individuals with Disabilities 
  1.19  Education Act under United States Code, title 20, chapter 33.  
  1.20     Subd. 2.  [DEFINITION OF CARE AND TREATMENT 
  1.21  PLACEMENT.] Students with or without disabilities placed in the 
  1.22  following public or private facilities by someone other than the 
  1.23  district are considered to be placed for care and treatment: 
  1.24     (1) chemical dependency and other substance abuse treatment 
  1.25  centers; 
  1.26     (2) shelter care facilities; 
  2.1      (3) correctional facilities; 
  2.2      (4) residential treatment centers; 
  2.3      (5) mental health programs; and 
  2.4      (6) detention facilities. 
  2.5      Subd. 3.  [RESPONSIBILITIES FOR PROVIDING EDUCATION.] (a) 
  2.6   The district in which the facility is located must provide 
  2.7   regular education, special education, or both, to students with 
  2.8   or without disabilities placed in a facility for care and 
  2.9   treatment.  
  2.10     (b) For those education programs run by the department of 
  2.11  corrections, the district shall be the department of corrections.
  2.12     (c) Placement for care and treatment does not of itself 
  2.13  require special education services. 
  2.14     (d) The providing district and the care and treatment 
  2.15  center shall enter into a cooperative agreement for providing 
  2.16  educational services to students placed within the center.  
  2.17     Subd. 4.  [WHEN EDUCATION IS REQUIRED.] Education services 
  2.18  must be provided to a student with or without disabilities 
  2.19  beginning within three days after entrance into the care and 
  2.20  treatment facility.  The first three days may be used to screen 
  2.21  the student for educational, social, and safety issues.  
  2.22     Subd. 5.  [WHEN DUE PROCESS BEGINS.] The number of school 
  2.23  days for determining due process procedures shall begin upon 
  2.24  enrollment in an education program.  
  2.25     Subd. 6.  [SHORT-TERM AND LONG-TERM PLACEMENTS.] A 
  2.26  placement for care and treatment is a short-term placement if 
  2.27  the anticipated duration of the placement is less than 31 school 
  2.28  days.  A placement for care and treatment is long term if it is 
  2.29  anticipated to extend beyond 30 days.  
  2.30     Subd. 7.  [EDUCATION PROGRAMS FOR STUDENTS WITH AND WITHOUT 
  2.31  DISABILITIES PLACED IN SHORT-TERM AND LONG-TERM PROGRAMS FOR 
  2.32  CARE AND TREATMENT.] (a) When the student is enrolled in the 
  2.33  educational program without an educational record or individual 
  2.34  education program plan, the district's procedures must include 
  2.35  immediate contact with the resident district to determine 
  2.36  whether the student has been identified as a student with a 
  3.1   disability and to request the student's education records.  
  3.2      (b) If a student placed for care and treatment has been 
  3.3   identified as disabled and has a current individual education 
  3.4   program plan: 
  3.5      (1) the resident district must send a facsimile copy to the 
  3.6   providing agency within 24 hours of receiving the request; 
  3.7      (2) the providing agency must conduct an individual 
  3.8   education program plan meeting to reach an agreement about 
  3.9   continuing or modifying special education services in accordance 
  3.10  with the current individual education program plan goals and 
  3.11  objectives and to determine whether additional evaluations are 
  3.12  necessary; and 
  3.13     (3) at least the following people shall receive written 
  3.14  notice to attend the individual education program plan meeting:  
  3.15     (i) the person or agency placing the pupil; 
  3.16     (ii) the resident district; 
  3.17     (iii) the appropriate teachers and related services staff 
  3.18  from the providing district; 
  3.19     (iv) the parents; and 
  3.20     (v) when appropriate, the pupil.  
  3.21     This meeting may be held in conjunction with a meeting 
  3.22  called by a placing agency.  
  3.23     (c) For a student who has not been identified as a student 
  3.24  with a disability: 
  3.25     (1) a screening must be conducted to determine the 
  3.26  student's need for further education, social, emotional, and 
  3.27  behavioral evaluation.  The screening must include a review of 
  3.28  the student's educational records; and 
  3.29     (2) based on the documented results of the screening, a 
  3.30  decision shall be made about the need for prereferral 
  3.31  interventions, the need for an appropriate evaluation to 
  3.32  determine special education eligibility, and whether an 
  3.33  evaluation can be completed before the student is transferred 
  3.34  out of the facility.  When it is determined the evaluation 
  3.35  cannot be completed due to the student's limited length of stay, 
  3.36  the student's need for an evaluation shall be documented and 
  4.1   communicated to the responsible agency where the student is 
  4.2   transferred.  
  4.3      Subd. 8.  [EDUCATION PROGRAMS FOR STUDENTS WITHOUT 
  4.4   DISABILITIES PLACED IN LONG-TERM PROGRAMS FOR CARE AND 
  4.5   TREATMENT.] (a) If the student does not meet the eligibility 
  4.6   criteria for special education, regular education services must 
  4.7   be provided in accordance with a personal education plan.  
  4.8      (b) A personal education plan shall include current 
  4.9   educational data, individual education goals, and an educational 
  4.10  transition plan for transition from the facility.  
  4.11     Subd. 9.  [WHEN A STUDENT WITH OR WITHOUT DISABILITIES 
  4.12  LEAVES THE FACILITY.] If a student with or without disabilities 
  4.13  has been in a care and treatment facility for 15 or more days, 
  4.14  the providing district must prepare an exit report summarizing 
  4.15  the regular education, special education, evaluation, progress 
  4.16  on education goals, and service information and must send the 
  4.17  report to the resident district, the receiving facility, the 
  4.18  parent, and any appropriate social service agency.  For students 
  4.19  with disabilities, this report must include a summary of current 
  4.20  levels of performance, progress, and any modifications made in 
  4.21  the pupil's individual education program plan or services.  
  4.22     Subd. 10.  [MINIMUM EDUCATIONAL SERVICES REQUIRED.] At a 
  4.23  minimum, the district and the care and treatment facility must 
  4.24  provide: 
  4.25     (1) the education necessary, including summer school 
  4.26  services, for the student with or without disabilities to 
  4.27  progress in the appropriate grade level for the successful 
  4.28  completion of the courses, programs, or classes in which the 
  4.29  student or pupil would have been enrolled if the student or 
  4.30  pupil were not placed for care and treatment; and 
  4.31     (2) a school day, of the same length as the school day of 
  4.32  the district in which the facility is located, unless the unique 
  4.33  needs of the student, as documented through the individual 
  4.34  education program plan or personal education plan, in 
  4.35  consultation with treatment providers, requires an alteration in 
  4.36  the length of the school day.  
  5.1      Subd. 11.  [PLACEMENT, SERVICES, AND DUE PROCESS 
  5.2   REQUIREMENTS FOR STUDENTS WITH AND WITHOUT DISABILITIES.] (a) 
  5.3   When a pupil's treatment and educational needs allow, education 
  5.4   shall be provided in a regular educational setting.  The 
  5.5   determination of the amount and site of integrated services must 
  5.6   be a joint decision between parents, the treatment and education 
  5.7   staff, and, when possible, final educational placement decisions 
  5.8   must be made by the individual education program plan team of 
  5.9   the providing educational agency.  Educational services shall be 
  5.10  provided in conformance with the least restrictive environment 
  5.11  principle of the Individuals with Disabilities Education Act 
  5.12  under United States Code, title 20, chapter 33.  
  5.13     (b) Districts shall develop alternative procedures for 
  5.14  implementing the legal requirements for observing the student in 
  5.15  a regular classroom and document previous interventions that 
  5.16  have been tried before the student placed for care and treatment 
  5.17  is identified as having a specific learning disability or an 
  5.18  emotional or behavioral disorder.  These alternative procedures 
  5.19  must be included in the district's entrance criteria for special 
  5.20  education.  The district and facility shall cooperatively 
  5.21  develop procedures to be used in emergency situations that 
  5.22  comply with the Minnesota Pupil Fair Dismissal Act under 
  5.23  sections 121A.40 to 121A.56, and other relevant state and 
  5.24  federal laws.  
  5.25     Subd. 12.  [REIMBURSEMENT FOR EDUCATION SERVICES.] (a) 
  5.26  Education services provided to pupils and regular education 
  5.27  students who have been placed for care and treatment are 
  5.28  reimbursable in accordance with special education and general 
  5.29  education statutes.  
  5.30     (b) The special education services provided to pupils in 
  5.31  accordance with an individual education program plan are 
  5.32  reimbursable with special education revenue.  
  5.33     (c) The indirect or consultative services provided in 
  5.34  conjunction with regular education prereferral interventions and 
  5.35  assessment provided to regular education students suspected of 
  5.36  being disabled and who have demonstrated learning or behavioral 
  6.1   problems in a screening are reimbursable with special education 
  6.2   revenue.  
  6.3      (d) Regular education, including screening, provided to 
  6.4   students with or without disabilities is not reimbursable with 
  6.5   special education revenue.  
  6.6      Subd. 13.  [STUDENTS UNABLE TO ATTEND SCHOOL BUT NOT PLACED 
  6.7   IN CARE AND TREATMENT FACILITIES.] Students with or without 
  6.8   disabilities who are absent from or predicted to be absent from 
  6.9   school for 15 consecutive or intermittent days, at home or in 
  6.10  facilities not licensed by the departments of corrections or 
  6.11  human services, are not students placed for care and treatment.  
  6.12  These students include students with and without disabilities 
  6.13  who are home due to accident or illness, in a hospital or other 
  6.14  medical facility, or in a day treatment center.  These students 
  6.15  are entitled to education services through their district of 
  6.16  residence.  
  6.17     Sec. 2.  [APPROPRIATIONS.] 
  6.18     Subdivision 1.  [DEPARTMENT OF CHILDREN, FAMILIES, AND 
  6.19  LEARNING.] The sums indicated in this section are appropriated 
  6.20  from the general fund to the department of children, families, 
  6.21  and learning for the fiscal years designated.  
  6.22     Subd. 2.  [CARE AND TREATMENT EDUCATION PROGRAM 
  6.23  APPROVAL.] For developing and implementing a statewide 
  6.24  educational program approval process for care and treatment 
  6.25  facilities according to Minnesota Statutes, section 125A.515: 
  6.26       $150,000     .....     2002
  6.27       $150,000     .....     2003
  6.28     Subd. 3.  [MALTREATMENT OF MINORS.] For a state system for 
  6.29  implementing the Maltreatment of Minors Act under Minnesota 
  6.30  Statutes, section 626.556: 
  6.31       $150,000     .....     2002
  6.32       $150,000     .....     2003
  6.33     Sec. 3.  [REPEALER.] 
  6.34     Minnesota Rules, part 3525.2325, is repealed. 
  6.35     [EFFECTIVE DATE.] This section is effective July 1, 2001.