HF 1928

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/05/2025 11:32 a.m.

A bill for an act
relating to education; requiring due process time for special education forms and
procedures; establishing due process aid; appropriating money; proposing coding
for new law in Minnesota Statutes, chapter 125A.

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

Section 1.

new text begin [125A.081] DUE PROCESS DAYS AND AID.
new text end

new text begin Subdivision 1. new text end

new text begin Due process forms and procedure days. new text end

new text begin Beginning with the 2025-2026
school year, a school district must use the revenue under this section to provide teachers
time to complete due process forms and procedures in accordance with the plan developed
under subdivision 2. This time is in addition to the preparation time under section 122A.50.
For purposes of this section, "school district" includes a charter school or cooperative unit
where teachers have an exclusive representative for purposes of collective bargaining.
new text end

new text begin Subd. 2. new text end

new text begin Plan. new text end

new text begin (a) A district must meet and negotiate an agreement with the exclusive
representative of teachers in the district containing a plan to use the revenue authorized
under this section to provide teachers that provide direct services to students with
individualized education programs or individualized family services plans four contract
days each school year to complete due process forms and procedures. The four days must
be equally distributed throughout the school year. The plan must describe the district's
staffing plan for the days teachers are completing due process forms and procedures.
new text end

new text begin (b) If the district and the exclusive representative cannot reach agreement on a staffing
plan for the four due process days, the agreement must require the district to use the revenue
for substitute teachers to replace the teachers completing due process forms and procedures
on due process days.
new text end

new text begin Subd. 3. new text end

new text begin Due process aid. new text end

new text begin (a) A school district that enrolls students is eligible for due
process aid.
new text end

new text begin (b) The Department of Education must calculate the statewide average cost of four
additional due process days for teachers providing direct services to students with
individualized education programs or individualized family services plans based on the
most recent available data. For fiscal year 2026, the department must convert that amount
to a statewide allowance per enrollee for school districts and an equivalent amount for each
cooperative unit. For fiscal year 2027 and later, the department must reduce the statewide
allowances established in 2026 by the statewide average amount of due process day expenses
added to eligible special education expenditures for the previous year.
new text end

new text begin (c) The department must determine the fiscal year 2026 allowances by June 1, 2025,
and the fiscal year 2027 allowances by March 15, 2026. The department must establish the
allowances for fiscal years 2028 and later by March 15 of the previous year.
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

Sec. 2. new text begin APPROPRIATION; SPECIAL EDUCATION DUE PROCESS AID.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sums indicated in this section are
appropriated from the general fund to the Department of Education for the fiscal years
designated.
new text end

new text begin Subd. 2. new text end

new text begin Due process aid. new text end

new text begin For special education teacher due process aid under Minnesota
Statutes, section 125A.081:
new text end

	new text begin $ new text end	new text begin ....... new text end	new text begin ..... new text end	new text begin 2026 new text end
	new text begin $ new text end	new text begin ....... new text end	new text begin ..... new text end	new text begin 2027 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end