HF 142

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/08/2023 12:05pm

A bill for an act
relating to education; requiring reasonable accommodations for parents of children
with disabilities; 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.082] ACCOMMODATIONS FOR PARENTS OF CHILDREN
WITH DISABILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Accommodations policy required. new text end

new text begin (a) A school district must adopt a
policy establishing a process to provide accommodations for a parent with a disability who
is a parent of a child with a disability that allows the parent to participate in developing a
child's individualized education program. A district must provide a parent with a disability
with a reasonable accommodation unless it would impose an undue hardship on the district.
new text end

new text begin (b) "Reasonable accommodation" has the meaning given in section 363A.08, subdivision
6, and in determining whether an accommodation would impose an undue hardship on the
school district, factors to be considered are the factors listed in section 363A.08, subdivision
6. An accommodation is reasonable if it allows a parent with a disability to participate
meaningfully in meetings, data collection, or a paperwork process related to an individualized
education program and does not impose an undue hardship on the school district.
new text end

new text begin (c) "Disability," as used in this section, has the meaning given in section 363A.03,
subdivision 12. The determination of whether a parent has a disability does not require that
a parent disclose private health information to the school district. A school district may not
request or require that a parent authorize the release of health care records or medical
information.
new text end

new text begin (d) A school district must require that all teachers and staff providing special instruction
and services to students with disabilities review the accommodations policy each school
year.
new text end

new text begin Subd. 2. new text end

new text begin Process. new text end

new text begin (a) A district must inform the parent of a student with a disability of
the accommodation process before referring the student for a special education evaluation
and annually thereafter at the beginning of each school year that has an individualized
education program. The district must ensure that notice of the accommodation process is
easily understandable and readable and must offer a parent the option to receive the notice
orally or in the parent's native language, where appropriate.
new text end

new text begin (b) A parent's request for an accommodation must be treated as private data according
to section 13.32, and may not be disclosed as directory information or be included in a
student's individualized education program or other student records. Accommodations
granted must be noted in the student's individualized education program but the individualized
education program or other student records must not include information about the parent's
disability and must not state that the accommodation is for a parent's disability.
new text end

new text begin (c) The process to request an accommodation must allow a parent with a disability to
request an accommodation verbally or in writing, and to submit the request to any member
of an individualized education program team holding a license issued under chapter 122A
who is employed by the district, or if the student has not been referred for special education
evaluation, to the student's teacher or principal.
new text end

new text begin (d) A school district must respond to a request for an accommodation within five school
days. A deadline related to the development or modification of an individualized education
program that is not established by federal law is stayed pending the resolution of a parent's
request for an accommodation. During the stay, a district must continue to provide a student
with educational services under a temporary or existing individualized education program.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end