1.1 	A bill for an act
1.2 	relating to education; allowing a school district to
1.3 	apply general provisions of the Pupil Fair Dismissal
1.4 	Act to a child whose parent refuses to consent to an
1.5 	initial evaluation; amending Minnesota Statutes 2004,
1.6 	section 125A.091, subdivision 5.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2004, section 125A.091,
1.9 	subdivision 5, is amended to read:
1.10 		Subd. 5.Initial action; parent consent.  (a) The
1.11 	district must not proceed with the initial evaluation of a
1.12 	child, the initial placement of a child in a special education
1.13 	program, or the initial provision of special education services
1.14 	for a child without the prior written consent of the child's
1.15 	parent.  A district may not override the written refusal of a
1.16 	parent to consent to an initial evaluation or reevaluation. If
1.17 	a parent refuses to consent to the initial evaluation of a
1.18 	child, a school district may apply to the child in any
1.19 	subsequent disciplinary action those provisions of the Pupil
1.20 	Fair Dismissal Act under sections 121A.40 to 121A.56 applicable
1.21 	to students without disabilities.  A parent's refusal to consent
1.22 	to an initial evaluation or reevaluation under this paragraph is
1.23 	not a ground for disciplinary action under sections 121A.40 to
1.24 	121A.56.
1.25 	(b) A parent, after consulting with health care, education,
1.26 	or other professional providers, may agree or disagree to
2.1 	provide the parent's child with sympathomimetic medications
2.2 	unless section 144.344 applies.
2.3 	
EFFECTIVE DATE. This section is effective for the
2.4 	2005-2006 school year and later.