HF 3748

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to education; clarifying the notice requirements for and the screening
components of the early childhood health and developmental screening;
amending Minnesota Statutes 2004, section 121A.17, subdivision 3; Minnesota
Statutes 2005 Supplement, section 121A.17, subdivision 5.

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

Section 1.

Minnesota Statutes 2004, section 121A.17, subdivision 3, is amended to
read:

Subd. 3.

Screening program.

(a) A screening program must include at least the
following components: developmental assessments, hearing and vision screening or
referral, immunization review and referral, the child's height and weight, identification
of risk factors that may influence learning, an interview with the parent about the deleted text begin child deleted text end new text begin
child's academic skills and learning history new text end , and referral for assessment, diagnosis, and
treatment when potential needs are identified. new text begin A psychological evaluation is not a
screening program component and a psychologist must not serve as a screening program
provider or supervisor. new text end The district and the person performing or supervising the screening
must provide a parent or guardian with clear written notice that the parent or guardian
may decline to answer questions or provide information about family circumstances that
might affect development and identification of risk factors that may influence learning.
The notice must clearly state that declining to answer questions or provide information
does not prevent the child from being enrolled in kindergarten or first grade if all other
screening components are met. If a parent or guardian is not able to read and comprehend
the written notice, the district and the person performing or supervising the screening
must convey the information in another manner. The notice must also inform the parent
or guardian that a child need not submit to the district screening program if the child's
health records indicate to the school that the child has received comparable developmental
screening performed within the preceding 365 days by a public or private health care
organization or individual health care provider. The notice must be given to a parent or
guardian at the time the district initially provides information to the parent or guardian
about screening and must be given again at the screening location.

(b) All screening components shall be consistent with the standards of the state
commissioner of health for early developmental screening programs. A developmental
screening program must not provide laboratory tests or a physical examination to any
child. The district must request from the public or private health care organization or the
individual health care provider the results of any laboratory test or physical examination
within the 12 months preceding a child's scheduled screening.

(c) If a child is without health coverage, the school district must refer the child to an
appropriate health care provider.

(d) A board may offer additional components such as nutritional, physical and
dental assessments, review of family circumstances that might affect development, blood
pressure, laboratory tests, and health history.

(e) If a statement signed by the child's parent or guardian is submitted to the
administrator or other person having general control and supervision of the school that
the child has not been screened because of conscientiously held beliefs of the parent
or guardian, the screening is not required.

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2005 Supplement, section 121A.17, subdivision 5, is
amended to read:

Subd. 5.

Developmental screening program information.

new text begin (a) new text end The board must
inform each resident family with a child eligible to participate in the developmental
screening program about the availability of the program and the state's requirement that
a child receive a developmental screening or provide health records indicating that the
child received a comparable developmental screening from a public or private health care
organization or individual health care provider not later than 30 days after the first day of
attending kindergarten in a public school.

new text begin (b) new text end A school district must inform all resident families with eligible children under
age seven that their children may receive a developmental screening conducted either by
the school district or by a public or private health care organization or individual health
care provider. new text begin The district first must provide information about the child's ability to satisfy
the developmental screening requirement by receiving a comparable developmental
screening from a public or private health care organization or individual health care
provider at the time the district initially informs each resident family about the program
and the state's requirement that a child receive a developmental screening.
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