HF 2867

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 03/17/2010 12:46pm

A bill for an act
relating to education; clarifying the definition of a child with a disability;
specifying obligations to children with disabilities; amending Minnesota Statutes
2008, section 125A.03; Minnesota Statutes 2009 Supplement, section 125A.02,
subdivision 1.

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

Section 1.

Minnesota Statutes 2009 Supplement, section 125A.02, subdivision 1,
is amended to read:

Subdivision 1.

Child with a disability.

"Child with a disability" means a child
identified under federal and state special education law as having a hearing impairment,
blindness, visual disability, speech or language impairment, physical disability, other
health impairment, mental disability, emotional/behavioral disorder, specific learning
disability, autism, traumatic brain injury, multiple disabilities, or deafblind disability
who needs special education and related services, as determined by the rules of the
commissioner deleted text begin , is a child with a disability deleted text end . A licensed physician, an advanced practice
nurse, or a licensed psychologist is qualified to make a diagnosis and determination
of attention deficit disorder or attention deficit hyperactivity disorder for purposes of
identifying a child with a disability.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010.
new text end

Sec. 2.

Minnesota Statutes 2008, section 125A.03, is amended to read:

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

(a) deleted text begin As defined deleted text end new text begin Except as provided new text end in paragraph (b), every district must provide new text begin or
make available new text end special deleted text begin instruction deleted text end new text begin education new text end and new text begin related new text end services, either within the district
or in another district, for deleted text begin all children deleted text end new text begin every child new text end with a disability deleted text begin , 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, deleted text end who deleted text begin are residents deleted text end new text begin is a resident new text end of the district deleted text begin and who are disabled as set
forth in section 125A.02 deleted text end new text begin until that child becomes 21 years old or receives a regular high
school diploma, whichever comes first new text end . deleted text begin For purposes of state and federal special education
laws, deleted text end The phrase "special deleted text begin instruction deleted text end new text begin education new text end and new text begin related new text end services" deleted text begin in the state Education
Code deleted text end means a free deleted text begin and deleted text end appropriate public education provided to an eligible child with
deleted text begin disabilities deleted text end deleted text begin and includes special education and related services defined in the Individuals
with Disabilities Education Act, subpart A, section 300.24 deleted text end new text begin a disability new text end .

(b) deleted text begin 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. deleted text end new text begin If a child with a disability becomes 21 years
old during the school year, the district shall continue to make available special education
and related services until the last day of the school year, or until the day the child receives
a regular high school diploma, whichever comes first.
new text end

new text begin (c) For purposes of this section and section 121A.41, subdivision 7, paragraph (a),
clause (2), "school year" means the days of student instruction designated by the school
board as the regular school year in the annual calendar adopted under section 120A.41.
new text end

new text begin (d) A district shall identify, locate, and evaluate children with a disability in the
district who are in need of special education and related services. new text end Local health, education,
and social service agencies must refer children under age five who are known to need or
suspected of needing special deleted text begin instruction deleted text end new text begin education new text end and new text begin related new text end services to the school
district. deleted text begin 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. deleted text end

new text begin (e) To the extent that a parent unilaterally enrolls a child with a disability in a
nonpublic school or facility located within the district, the district must ensure that all
such children have an opportunity to participate in special education and related services.
The amount the district spends to provide these services must be at least equal to the
proportionate amount of federal funds made available for children with disabilities who
are unilaterally enrolled in a nonpublic school or facility located in the district.
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