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HF 842

as introduced - 93rd Legislature (2023 - 2024) Posted on 01/25/2023 12:44pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to education; modifying licensure requirements for deaf and hard-of-hearing
students and for oral/aural deaf education; authorizing rulemaking; requiring a
report; amending Minnesota Statutes 2022, sections 122A.28, subdivision 1;
125A.03.

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

Section 1.

Minnesota Statutes 2022, section 122A.28, subdivision 1, is amended to read:


Subdivision 1.

K-12 license to teach deaf and hard-of-hearing students;
relicensure.

(a)new text begin School districts are required to provide direct instruction to students who
are deaf or hard-of-hearing by teachers who are licensed to teach deaf or hard-of-hearing
students.
new text end The Professional Educator Licensing and Standards Board must review and
determine appropriate licensure requirements for a candidate for a license or an applicant
for a continuing license to teach deaf and hard-of-hearing students in prekindergarten through
grade 12. In addition to other requirements, new text begin the board must adopt rules requiring new text end a candidate
deleted text begin mustdeleted text end new text begin tonew text end demonstrate deleted text begin the minimumdeleted text end new text begin at leastnew text end level deleted text begin ofdeleted text end new text begin 4new text end proficiency deleted text begin in American sign language
as determined by the board
deleted text end new text begin on the American Sign Language Proficiency Interview evaluationnew text end .

(b) Among other relicensure requirements, each teacher under this section must complete
30 continuing education clock hours on hearing loss topics, including American Sign
Language, American Sign Language linguistics, or deaf culture,new text begin and must demonstrate at
least level 4 proficiency on the American Sign Language Proficiency Interview evaluation
new text end in each licensure renewal period.

new text begin EFFECTIVE DATE. new text end

new text begin The changes to paragraph (b) are effective for renewal applications
beginning July 1, 2027.
new text end

Sec. 2.

Minnesota Statutes 2022, section 125A.03, is amended to read:


125A.03 SPECIAL INSTRUCTION FOR CHILDREN WITH A DISABILITY.

(a) As defined in paragraph (b), every district must provide special instruction and
services, either within the district or in another district, for all children with a disability,
including providing required services under Code of Federal Regulations, title 34, section
300.121, paragraph (d), to those children suspended or expelled from school for more than
ten school days in that school year, who are residents of the district and who are disabled
as set forth in section 125A.02. For purposes of state and federal special education laws,
the phrase "special instruction and services" in the state Education Code means a free and
appropriate public education provided to an eligible child with disabilities.new text begin School districts
are required to provide direct instruction to students who are deaf or hard-of-hearing by
teachers who are licensed to teach deaf or hard-of-hearing students.
new text end "Free appropriate public
education" means special education and related services that:

(1) are provided at public expense, under public supervision and direction, and without
charge;

(2) meet the standards of the state, including the requirements of the Individuals with
Disabilities Education Act, Part B or C;

(3) include an appropriate preschool, elementary school, or secondary school education;
and

(4) are provided to children ages three through 21 in conformity with an individualized
education program that meets the requirements of the Individuals with Disabilities Education
Act, subpart A, sections 300.320 to 300.324, and provided to infants and toddlers in
conformity with an individualized family service plan that meets the requirements of the
Individuals with Disabilities Education Act, subpart A, sections 303.300 to 303.346.

(b) Notwithstanding any age limits in laws to the contrary, special instruction and services
must be provided from birth until July 1 after the child with a disability becomes 21 years
old but shall not extend beyond secondary school or its equivalent, except as provided in
section 124D.68, subdivision 2. Local health, education, and social service agencies must
refer children under age five who are known to need or suspected of needing special
instruction and services to the school district. Districts with less than the minimum number
of eligible children with a disability as determined by the commissioner must cooperate
with other districts to maintain a full range of programs for education and services for
children with a disability. This section does not alter the compulsory attendance requirements
of section 120A.22.

(c) At the board's discretion, a school district that participates in a reciprocity agreement
with a neighboring state under section 124D.041 may enroll and provide special instruction
and services to a child from an adjoining state whose family resides at a Minnesota address
as assigned by the United States Postal Service if the district has completed child
identification procedures for that child to determine the child's eligibility for special education
services, and the child has received developmental screening under sections 121A.16 to
121A.19.

Sec. 3. new text begin ORAL/AURAL DEAF EDUCATION LICENSE REVIEW.
new text end

new text begin The Professional Educator Licensing and Standards Board must review whether the
oral/aural deaf education license under Minnesota Rules, part 8710.5250, remains an
appropriate license to meet the needs of deaf and hard-of-hearing students and must decide
whether the oral/aural deaf education license should be discontinued or incorporated into
the requirements for the deaf and hard-of-hearing license under Minnesota Rules, part
8710.5200. The board must report its findings to the chairs and ranking minority members
of the legislative committees with jurisdiction over kindergarten through grade 12 education
no later than February 1, 2024, and must amend or adopt rules consistent with its report no
later than July 1, 2025.
new text end

Sec. 4. new text begin RULEMAKING.
new text end

new text begin The commissioner of education must amend Minnesota Rules, part 3525.1331, which
is used to determine eligibility criteria for deaf and hard-of-hearing services, to include
more students who are affected by unilateral hearing loss, including reducing unilateral
sensorineural or persistent conductive loss with an unaided pure tone average or speech
threshold from 45 decibels hearing level to 35 decibels.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end