1.1                          A bill for an act 
  1.2             relating to education; clarifying law governing the 
  1.3             state academy for the deaf and the state academy for 
  1.4             the blind; amending Minnesota Statutes 1994, sections 
  1.5             128A.02, subdivisions 1, 3, 5, and by adding a 
  1.6             subdivision; 128A.021; 128A.022, subdivisions 1 and 6; 
  1.7             128A.024, subdivision 4; 128A.025, subdivisions 1 and 
  1.8             2; 128A.026; and 128A.05, subdivisions 1 and 2; 
  1.9             repealing Minnesota Statutes 1994, sections 128A.02, 
  1.10            subdivisions 2 and 4; and 128A.03. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1994, section 128A.02, 
  1.13  subdivision 1, is amended to read: 
  1.14     Subdivision 1.  [TO MANAGE GOVERN.] The state board of 
  1.15  education must manage shall govern the state academy for the 
  1.16  deaf and the state academy for the blind.  
  1.17     Sec. 2.  Minnesota Statutes 1994, section 128A.02, 
  1.18  subdivision 3, is amended to read: 
  1.19     Subd. 3.  [MOST BENEFICIAL, LEAST RESTRICTIVE.] The state 
  1.20  board must do what is necessary to provide the most beneficial 
  1.21  and least restrictive program of education for each pupil at the 
  1.22  academies who is handicapped by visual disability or hearing 
  1.23  impairment deafness.  
  1.24     Sec. 3.  Minnesota Statutes 1994, section 128A.02, is 
  1.25  amended by adding a subdivision to read: 
  1.26     Subd. 3b.  [PLANNING EVALUATION AND REPORTING.] The 
  1.27  academies must comply with the provisions of section 126.666, 
  1.28  subdivisions 1, 2, 3, and 4.  The site councils created in 
  2.1   subdivision 5 shall function as the curriculum advisory 
  2.2   committee. 
  2.3      Sec. 4.  Minnesota Statutes 1994, section 128A.02, 
  2.4   subdivision 5, is amended to read: 
  2.5      Subd. 5.  [ADVISORY COUNCIL SITE COUNCILS.] The state board 
  2.6   must have shall establish, and appoint members to, an advisory 
  2.7   council on management policies at the state academies a site 
  2.8   council at each academy.  The site councils shall exercise power 
  2.9   and authority granted by the state board. 
  2.10     Sec. 5.  Minnesota Statutes 1994, section 128A.021, is 
  2.11  amended to read: 
  2.12     128A.021 [RESOURCE CENTER:  HEARING AND VISUALLY 
  2.13  IMPAIRED CENTERS; DEAF OR HARD OF HEARING AND BLIND OR VISUALLY 
  2.14  IMPAIRED.] 
  2.15     Subdivision 1.  [ALSO FOR MULTIPLY DISABLED.] A resource 
  2.16  center Resource centers for the hearing-impaired, visually 
  2.17  impaired, and deaf or hard of hearing, and the blind or visually 
  2.18  impaired, each also serving multiply disabled pupils is, are 
  2.19  established at the state academies. 
  2.20     Subd. 2.  [PROGRAMS.] The resource center centers must 
  2.21  offer summer institutes and like programs throughout the state 
  2.22  for hearing-impaired, visually impaired deaf or hard of hearing, 
  2.23  blind or visually impaired, and multiply disabled pupils.  The 
  2.24  resource center centers must also offer workshops for teachers, 
  2.25  and leadership development for teachers. 
  2.26     A program offered through the resource center centers must 
  2.27  promote and develop education programs offered by school 
  2.28  districts or other organizations.  The program must assist 
  2.29  school districts or other organizations to develop innovative 
  2.30  programs. 
  2.31     Subd. 3.  [PROGRAMS BY NONPROFITS.] The resource center 
  2.32  centers may contract to have nonprofit organizations provide 
  2.33  programs through the resource center centers. 
  2.34     Subd. 4.  [ADVISORY COUNCIL COUNCILS.] The advisory council 
  2.35  for the academies is the advisory council for the resource 
  2.36  center. The state board shall establish and appoint members to 
  3.1   an advisory council for each resource center.  The advisory 
  3.2   councils shall exercise power and authority granted by the state 
  3.3   board. 
  3.4      Sec. 6.  Minnesota Statutes 1994, section 128A.022, 
  3.5   subdivision 1, is amended to read: 
  3.6      Subdivision 1.  [PERSONNEL.] The state board of education 
  3.7   may employ central administrative staff members and other 
  3.8   personnel necessary to provide and support programs and services 
  3.9   in at each academy.  
  3.10     Sec. 7.  Minnesota Statutes 1994, section 128A.022, 
  3.11  subdivision 6, is amended to read: 
  3.12     Subd. 6.  [STUDENT TEACHERS AND PROFESSIONAL TRAINEES.] (a) 
  3.13  The state board may enter into agreements with teacher-preparing 
  3.14  teacher preparation institutions for student teachers to get 
  3.15  practical experience at the academies.  A licensed teacher must 
  3.16  provide appropriate supervision of each student teacher.  
  3.17     (b) The state board may enter into agreements with 
  3.18  accredited higher education institutions for certain student 
  3.19  trainees to get practical experience at the academies.  The 
  3.20  students must be preparing themselves in a professional field 
  3.21  that provides special services to children with a disability in 
  3.22  school programs.  To be a student trainee in a field, a person 
  3.23  must have completed at least two years of an approved program in 
  3.24  the field.  A person who is licensed or registered in the field 
  3.25  must provide appropriate supervision of each student trainee.  
  3.26     Sec. 8.  Minnesota Statutes 1994, section 128A.024, 
  3.27  subdivision 4, is amended to read: 
  3.28     Subd. 4.  [EDUCATION WITH PUPILS WITHOUT A DISABILITY.] The 
  3.29  academies must provide opportunities for their pupils to be 
  3.30  educated with pupils without a disability.  A pupil's 
  3.31  opportunities must be consistent with the pupil's individual 
  3.32  education plan or individual family service plan and assessment. 
  3.33     Sec. 9.  Minnesota Statutes 1994, section 128A.025, 
  3.34  subdivision 1, is amended to read: 
  3.35     Subdivision 1.  [ACADEMIES' ADMINISTRATOR.] The position of 
  3.36  the residential academies' chief administrator at each academy 
  4.1   is in the unclassified service.  
  4.2      Sec. 10.  Minnesota Statutes 1994, section 128A.025, 
  4.3   subdivision 2, is amended to read: 
  4.4      Subd. 2.  [TEACHER STANDARDS.] A teacher or administrator 
  4.5   at the academies is subject to the licensure standards of the 
  4.6   board of teaching and or the state board of education.  
  4.7      Sec. 11.  Minnesota Statutes 1994, section 128A.026, is 
  4.8   amended to read: 
  4.9      128A.026 [STATE BOARD RULES ADOPTED PROCEDURES.] 
  4.10     Subdivision 1.  [SUBJECTS.] The rules of the state board of 
  4.11  education authorized in section 128A.02 must establish 
  4.12  procedures for:  
  4.13     (1) admission, including short-term admission, to the 
  4.14  academies; 
  4.15     (2) discharge from the academies; 
  4.16     (3) decisions on a pupil's program at the academies; and 
  4.17     (4) evaluation of a pupil's progress at the academies.  
  4.18     Subd. 2.  [MINIMUM CONTENT.] The discharge procedures must 
  4.19  include reasonable notice to the child's district of residence.  
  4.20  The procedures set out in the rules must guarantee a pupil and 
  4.21  the pupil's parent or guardian appropriate safeguards.  The 
  4.22  safeguards must include a review of the placement determination 
  4.23  made under sections 120.17 and 128A.05 and the right to 
  4.24  participate in educational program decisions.  
  4.25     Subd. 3.  [NOT CONTESTED CASE.] A proceeding about 
  4.26  admission to or discharge from the academies or about a pupil's 
  4.27  program or progress at the academies is not a contested case 
  4.28  under section 14.02.  The proceeding is governed instead by the 
  4.29  rules of the state board described in this section governing 
  4.30  special education.  
  4.31     Sec. 12.  Minnesota Statutes 1994, section 128A.05, 
  4.32  subdivision 1, is amended to read: 
  4.33     Subdivision 1.  [TWO KINDS.] There are two kinds of 
  4.34  admission to the academies.  
  4.35     (a) A pupil who is deaf or hearing-impaired, hard of 
  4.36  hearing, or blind-deaf, may be admitted to the academy for the 
  5.1   deaf.  A pupil who is visually blind or visually impaired, 
  5.2   blind-deaf, or multiply handicapped may be admitted to the 
  5.3   academy for the blind.  For a pupil to be admitted, two 
  5.4   decisions must be made under section 120.17. 
  5.5      (1) It must be decided by the individual education planning 
  5.6   team that education in regular or special education classes in 
  5.7   the pupil's district of residence cannot be achieved 
  5.8   satisfactorily because of the nature and severity of the hearing 
  5.9   deafness or visual blindness or visual impairment respectively. 
  5.10     (2) It must be decided by the individual education planning 
  5.11  team that the academy provides the most appropriate placement 
  5.12  within the least restrictive alternative for the pupil.  
  5.13     (b) A deaf or hearing-impaired hard of hearing child or a 
  5.14  visually impaired pupil may be admitted to get socialization 
  5.15  skills or on a short-term basis for skills development.  
  5.16     Sec. 13.  Minnesota Statutes 1994, section 128A.05, 
  5.17  subdivision 2, is amended to read: 
  5.18     Subd. 2.  [MULTIPLY HANDICAPPED.] This section does not 
  5.19  prevent a pupil with handicaps in addition to being 
  5.20     (1) deaf or hearing-impaired hard of hearing, or 
  5.21     (2) blind or visually impaired 
  5.22  from attending the academy for the deaf or the academy for the 
  5.23  blind, respectively.  
  5.24     Sec. 14.  [REPEALER.] 
  5.25     Minnesota Statutes 1994, sections 128A.02, subdivisions 2 
  5.26  and 4; and 128A.03, are repealed.