Minnesota Legislature
HF 1577
as introduced - 88th Legislature (2013 - 2014) Posted on 03/14/2013 02:31pm
Current Version - as introduced
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A bill for an act
relating to education; creating a special education scholarship program;
proposing coding for new law in Minnesota Statutes, chapter 125A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[125A.851] TITLE.
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Sections 125A.851 to 125A.857 may be cited as the Minnesota Special Education
Scholarship Act.
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Sec. 2.
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[125A.852] POLICY AND PURPOSE.
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The purpose of the Minnesota Special Education Scholarship Act is to grant parents
the ability to choose the special education services provider for their children.
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Sec. 3.
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[125A.853] DEFINITIONS.
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new text begin Subdivision 1. new text end
new text begin Terms. new text end
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For purposes of sections 125A.851 to 125A.857, the terms in
this subdivision have the meaning given them.
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new text begin Subd. 2. new text end
new text begin Eligible student. new text end
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"Eligible student" means an eligible child with a
disability who has an individualized education program and who was enrolled in a
Minnesota school district or charter school throughout the school year immediately
preceding the school year in which a scholarship is first awarded.
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new text begin Subd. 3. new text end
new text begin Eligible provider. new text end
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"Eligible provider" means an organization or individual
approved by the commissioner to provide special education services to a student under
section 125A.855, subdivision 3.
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new text begin Subd. 4. new text end
new text begin Parent. new text end
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"Parent" means the parent or guardian of an eligible student.
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Sec. 4.
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[125A.854] STUDENT APPLICATION PROCESS.
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new text begin Subdivision 1. new text end
new text begin Initial application. new text end
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An eligible student may apply to the
superintendent of the student's resident school district for a special education scholarship.
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new text begin Subd. 2. new text end
new text begin District official to schedule meeting. new text end
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Within 30 days after receiving a
request for a scholarship application from an eligible student and the student's parent,
the superintendent or other designated school official must schedule an individualized
education program team meeting for that student. The meeting must occur within 60 days
after the school official receives the student's request for a scholarship application.
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new text begin Subd. 3. new text end
new text begin Meeting. new text end
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At the meeting, the individualized education program team and
the student's parent must discuss the services provided by the serving school district and
the anticipated changes in service if the parent selects an eligible provider. After the
meeting, the parent may apply for a special education scholarship.
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new text begin Subd. 4. new text end
new text begin Scholarship application. new text end
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The parent must include with the scholarship
application a signed document showing that an eligible provider approved by the
commissioner has agreed to provide the student with the special education services
identified in the student's individualized education program if the child is awarded a
special education scholarship.
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new text begin Subd. 5. new text end
new text begin Scholarship awarded. new text end
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Within 30 days after receiving a scholarship
application, the superintendent or other designated school official must award the
special education scholarship to the parent of the eligible student if the document under
subdivision 4 is available and all other conditions are met.
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Sec. 5.
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[125A.855] DUTIES OF THE COMMISSIONER OF EDUCATION.
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new text begin Subdivision 1. new text end
new text begin Uniform procedures. new text end
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The commissioner must establish the form
and manner for a parent to request and apply for the special education scholarship.
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new text begin Subd. 2. new text end
new text begin Amount of scholarship. new text end
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The commissioner shall calculate the average
rate of salary reimbursement under section 125A.76 for each category of essential
personnel for the previous year and establish these rates as the scholarship reimbursement
amounts for eligible providers.
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new text begin Subd. 3. new text end
new text begin Approved providers. new text end
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(a) An organization or individual may apply to the
department for approval as an eligible provider of special education scholarship services
in the form and manner specified by the commissioner. The department may review an
applicant's fitness to provide special education services including the applicant's:
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(1) past experience providing special education services;
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(2) ability to provide services of the same quality as those provided by current
service providers; and
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(3) educational credentials.
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The provider must meet the licensing criteria for essential personnel performing the same
services under section 125A.76, subdivision 1. However, a previously licensed employee
without a current license may apply for a limited-term license in order to become an
approved provider. If the previously licensed employee is a teacher, the Board of Teaching,
after completing a background check under section 123B.03, must grant the employee a
limited-term license to provide scholarship services under this act. The commissioner must
approve a license for a previously licensed provider in an essential personnel category and
must award a limited-term license to the otherwise qualified nonlicensed provider. The
commissioner may establish standards for nonlicensed providers that are comparable to
the standards for school district employees who are defined as essential personnel.
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(b) The Board of Teaching and the commissioner each shall maintain and
periodically update an electronic publicly available list of approved providers.
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(c) An applicant that has not been approved under paragraph (a) may appeal that
decision as a contested case under chapter 14.
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new text begin Subd. 4. new text end
new text begin Payment of scholarships. new text end
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The commissioner shall include scholarship
payment amounts in the payments to school districts under section 125A.76.
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Sec. 6.
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[125A.856] DUTIES OF THE RESIDENT SCHOOL DISTRICT.
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new text begin Subdivision 1. new text end
new text begin List of eligible providers. new text end
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Upon request, the resident school district
must provide each requesting parent a list of approved eligible providers, beginning with
eligible providers located in proximity to the district.
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new text begin Subd. 2. new text end
new text begin Annual reapproval. new text end
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Each year after the first year a scholarship is awarded,
the resident district must convene a meeting of the student's individualized education
program team to review the student's progress and revise the student's individualized
education program.
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new text begin Subd. 3. new text end
new text begin Payment of scholarships. new text end
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The school district shall make monthly payments
to each eligible provider of special education services to pupils resident to that district upon
verification of the hours of service in a form and manner determined by the commissioner.
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new text begin Subd. 4. new text end
new text begin Report to department. new text end
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Each school district must report its contracts and
payments to eligible providers to the Department of Education,
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Sec. 7.
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[125A.857] WAIVER OF RESPONSIBILITY.
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The parent of a student who accepts a special education scholarship is responsible
for meeting the special education needs of that student during the scholarship term. The
resident school district that awards a student a scholarship and any other Minnesota school
district or charter school is not required to provide special education services to that
student during the scholarship term.
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