HF 488

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; modifying special education 
  1.3             provisions; providing for rulemaking; amending 
  1.4             Minnesota Statutes 1998, sections 125A.03; 125A.07; 
  1.5             125A.08; 125A.09, subdivision 1; 125A.21, subdivision 
  1.6             2; 125A.30; 125A.33; 125A.44; and 125A.52, subdivision 
  1.7             1; repealing Minnesota Statutes 1998, section 125A.53; 
  1.8             and Laws 1998, chapter 398, article 2, section 53. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1998, section 125A.03, is 
  1.11  amended to read: 
  1.12     125A.03 [SPECIAL INSTRUCTION FOR CHILDREN WITH A 
  1.13  DISABILITY.] 
  1.14     (a) As defined in paragraph (b), to the extent required in 
  1.15  federal law as of July 1, 1999, every district must provide 
  1.16  special instruction and services, either within the district or 
  1.17  in another district, for children with a disability who are 
  1.18  residents of the district and who are disabled as set forth in 
  1.19  section 125A.02. 
  1.20     (b) Notwithstanding any age limits in laws to the contrary, 
  1.21  special instruction and services must be provided from birth 
  1.22  until September 1 after the child with a disability becomes 22 
  1.23  years old but shall not extend beyond secondary school or its 
  1.24  equivalent, except as provided in section 124D.68, subdivision 
  1.25  2.  Local health, education, and social service agencies must 
  1.26  refer children under age five who are known to need or suspected 
  1.27  of needing special instruction and services to the school 
  2.1   district.  Districts with less than the minimum number of 
  2.2   eligible children with a disability as determined by the state 
  2.3   board must cooperate with other districts to maintain a full 
  2.4   range of programs for education and services for children with a 
  2.5   disability.  This section does not alter the compulsory 
  2.6   attendance requirements of section 120A.22. 
  2.7      Sec. 2.  Minnesota Statutes 1998, section 125A.07, is 
  2.8   amended to read: 
  2.9      125A.07 [RULES OF STATE BOARD.] 
  2.10     (a) As defined in this paragraph, but not to exceed the 
  2.11  extent required by federal law as of July 1, 1999, the state 
  2.12  board must adopt rules relative to qualifications of essential 
  2.13  personnel, courses of study, methods of instruction, pupil 
  2.14  eligibility, size of classes, rooms, equipment, supervision, 
  2.15  parent consultation, and other necessary rules for instruction 
  2.16  of children with a disability.  These rules must provide 
  2.17  standards and procedures appropriate for the implementation of 
  2.18  and within the limitations of sections 125A.08 and 125A.09.  
  2.19  These rules must also provide standards for the discipline, 
  2.20  control, management, and protection of children with a 
  2.21  disability.  The state board must not adopt rules for pupils 
  2.22  served primarily in the regular classroom establishing either 
  2.23  case loads or the maximum number of pupils that may be assigned 
  2.24  to special education teachers.  The state board, in consultation 
  2.25  with the departments of health and human services, must adopt 
  2.26  permanent rules for instruction and services for children under 
  2.27  age five and their families.  These rules are binding on state 
  2.28  and local education, health, and human services agencies.  The 
  2.29  state board must adopt rules to determine eligibility for 
  2.30  special education services.  The rules must include procedures 
  2.31  and standards by which to grant variances for experimental 
  2.32  eligibility criteria.  The state board must, according to 
  2.33  section 14.05, subdivision 4, notify a district applying for a 
  2.34  variance from the rules within 45 calendar days of receiving the 
  2.35  request whether the request for the variance has been granted or 
  2.36  denied.  If a request is denied, the board must specify the 
  3.1   program standards used to evaluate the request and the reasons 
  3.2   for denying the request.  
  3.3      (b) As provided in this paragraph, but not to exceed the 
  3.4   extent required by federal law as of July 1, 1999, the state's 
  3.5   regulatory scheme should support schools by assuring that all 
  3.6   state special education rules adopted by the state board result 
  3.7   in one or more of the following outcomes: 
  3.8      (1) increased time available to teachers and, where 
  3.9   appropriate, to support staff including school nurses for 
  3.10  educating students through direct and indirect instruction; 
  3.11     (2) consistent and uniform access to effective education 
  3.12  programs for students with disabilities throughout the state; 
  3.13     (3) reduced inequalities and conflict, appropriate due 
  3.14  process hearing procedures and reduced court actions related to 
  3.15  the delivery of special education instruction and services for 
  3.16  students with disabilities; 
  3.17     (4) clear expectations for service providers and for 
  3.18  students with disabilities; 
  3.19     (5) increased accountability for all individuals and 
  3.20  agencies that provide instruction and other services to students 
  3.21  with disabilities; 
  3.22     (6) greater focus for the state and local resources 
  3.23  dedicated to educating students with disabilities; and 
  3.24     (7) clearer standards for evaluating the effectiveness of 
  3.25  education and support services for students with disabilities. 
  3.26     Sec. 3.  Minnesota Statutes 1998, section 125A.08, is 
  3.27  amended to read: 
  3.28     125A.08 [SCHOOL DISTRICT OBLIGATIONS.] 
  3.29     (a) As defined in this section, to the extent required by 
  3.30  federal law as of July 1, 1999, every district must ensure the 
  3.31  following: 
  3.32     (1) all students with disabilities are provided the special 
  3.33  instruction and services which are appropriate to their needs.  
  3.34  Where the individual education plan team has determined 
  3.35  appropriate goals and objectives based on the student's needs, 
  3.36  including the extent to which the student can be included in the 
  4.1   least restrictive environment, and where there are essentially 
  4.2   equivalent and effective instruction, related services, or 
  4.3   assistive technology devices available to meet the student's 
  4.4   needs, cost to the district may be among the factors considered 
  4.5   by the team in choosing how to provide the appropriate services, 
  4.6   instruction, or devices that are to be made part of the 
  4.7   student's individual education plan.  The student's needs and 
  4.8   the special education instruction and services to be provided 
  4.9   must be agreed upon through the development of an individual 
  4.10  education plan.  The plan must address the student's need to 
  4.11  develop skills to live and work as independently as possible 
  4.12  within the community.  By grade 9 or age 14, the plan must 
  4.13  address the student's needs for transition from secondary 
  4.14  services to post-secondary education and training, employment, 
  4.15  community participation, recreation, and leisure and home 
  4.16  living.  In developing the plan, districts must inform parents 
  4.17  of the full range of transitional goals and related services 
  4.18  that should be considered.  The plan must include a statement of 
  4.19  the needed transition services, including a statement of the 
  4.20  interagency responsibilities or linkages or both before 
  4.21  secondary services are concluded; 
  4.22     (2) children with a disability under age five and their 
  4.23  families are provided special instruction and services 
  4.24  appropriate to the child's level of functioning and needs; 
  4.25     (3) children with a disability and their parents or 
  4.26  guardians are guaranteed procedural safeguards and the right to 
  4.27  participate in decisions involving identification, assessment 
  4.28  including assistive technology assessment, and educational 
  4.29  placement of children with a disability; 
  4.30     (4) eligibility and needs of children with a disability are 
  4.31  determined by an initial assessment or reassessment, which may 
  4.32  be completed using existing data under United States Code, title 
  4.33  20, section 33, et seq.; 
  4.34     (5) to the maximum extent appropriate, children with a 
  4.35  disability, including those in public or private institutions or 
  4.36  other care facilities, are educated with children who are not 
  5.1   disabled, and that special classes, separate schooling, or other 
  5.2   removal of children with a disability from the regular 
  5.3   educational environment occurs only when and to the extent that 
  5.4   the nature or severity of the disability is such that education 
  5.5   in regular classes with the use of supplementary services cannot 
  5.6   be achieved satisfactorily; 
  5.7      (6) in accordance with recognized professional standards, 
  5.8   testing and evaluation materials, and procedures used for the 
  5.9   purposes of classification and placement of children with a 
  5.10  disability are selected and administered so as not to be 
  5.11  racially or culturally discriminatory; and 
  5.12     (7) the rights of the child are protected when the parents 
  5.13  or guardians are not known or not available, or the child is a 
  5.14  ward of the state. 
  5.15     (b) For paraprofessionals employed to work in programs for 
  5.16  students with disabilities, the school board in each district 
  5.17  shall ensure that: 
  5.18     (1) before or immediately upon employment, each 
  5.19  paraprofessional develops sufficient knowledge and skills in 
  5.20  emergency procedures, building orientation, roles and 
  5.21  responsibilities, confidentiality, vulnerability, and 
  5.22  reportability, among other things, to begin meeting the needs of 
  5.23  the students with whom the paraprofessional works; 
  5.24     (2) annual training opportunities are available to enable 
  5.25  the paraprofessional to continue to further develop the 
  5.26  knowledge and skills that are specific to the students with whom 
  5.27  the paraprofessional works, including understanding 
  5.28  disabilities, following lesson plans, and implementing follow-up 
  5.29  instructional procedures and activities; and 
  5.30     (3) a districtwide process obligates each paraprofessional 
  5.31  to work under the ongoing direction of a licensed teacher and, 
  5.32  where appropriate and possible, the supervision of a school 
  5.33  nurse. 
  5.34     Sec. 4.  Minnesota Statutes 1998, section 125A.09, 
  5.35  subdivision 1, is amended to read: 
  5.36     Subdivision 1.  [DISTRICT OBLIGATION.] As defined in this 
  6.1   section, but not to exceed the extent required by federal law as 
  6.2   of July 1, 1999, every district must use the following 
  6.3   procedures for decisions involving identification, assessment, 
  6.4   and educational placement of children with a disability. 
  6.5      Sec. 5.  Minnesota Statutes 1998, section 125A.21, 
  6.6   subdivision 2, is amended to read: 
  6.7      Subd. 2.  [THIRD PARTY REIMBURSEMENT.] Beginning July 
  6.8   1, 1999 2000, districts shall seek reimbursement from insurers 
  6.9   and similar third parties for the cost of services provided by 
  6.10  the district whenever the services provided by the district are 
  6.11  otherwise covered by the child's health coverage.  Districts 
  6.12  shall request, but may not require, the child's family to 
  6.13  provide information about the child's health coverage when a 
  6.14  child with a disability begins to receive services from the 
  6.15  district of a type that may be reimbursable, and shall request, 
  6.16  but may not require, updated information after that as needed.  
  6.17  Districts shall request, but may not require, the child's parent 
  6.18  or legal representative to sign a consent form, permitting the 
  6.19  school district to apply for and receive reimbursement directly 
  6.20  from the insurer or other similar third party, to the extent 
  6.21  permitted by the insurer or other third party and subject to 
  6.22  their networking credentialing, prior authorization, and 
  6.23  determination of medical necessity criteria. 
  6.24     Sec. 6.  Minnesota Statutes 1998, section 125A.30, is 
  6.25  amended to read: 
  6.26     125A.30 [INTERAGENCY EARLY INTERVENTION COMMITTEES.] 
  6.27     (a) A school district, group of districts, or special 
  6.28  education cooperative, in cooperation with the health and human 
  6.29  service agencies located in the county or counties in which the 
  6.30  district or cooperative is located, must establish an 
  6.31  interagency early intervention committee for children with 
  6.32  disabilities under age five and their families under this 
  6.33  section, and for children with disabilities ages three to 22 
  6.34  consistent with the requirements under sections 125A.023 and 
  6.35  125A.027.  Committees must include representatives of local and 
  6.36  regional health, education, and county human service agencies, 
  7.1   county boards, school boards, early childhood family education 
  7.2   programs, parents of young children with disabilities under age 
  7.3   12, current service providers, and may also include 
  7.4   representatives from other private or public agencies and school 
  7.5   nurses.  The committee must elect a chair from among its members 
  7.6   and must meet at least quarterly. 
  7.7      (b) The committee must develop and implement interagency 
  7.8   policies and procedures concerning the following ongoing duties: 
  7.9      (1) develop public awareness systems designed to inform 
  7.10  potential recipient families of available programs and services; 
  7.11     (2) implement interagency child find systems designed to 
  7.12  actively seek out, identify, and refer infants and young 
  7.13  children with, or at risk of, disabilities and their families; 
  7.14     (3) establish and evaluate the identification, referral, 
  7.15  child and family assessment systems, procedural safeguard 
  7.16  process, and community learning systems to recommend, where 
  7.17  necessary, alterations and improvements; 
  7.18     (4) assure the development of individualized family service 
  7.19  plans for all eligible infants and toddlers with disabilities 
  7.20  from birth through age two, and their families, and individual 
  7.21  education plans and individual service plans when necessary to 
  7.22  appropriately serve children with disabilities, age three and 
  7.23  older, and their families and recommend assignment of financial 
  7.24  responsibilities to the appropriate agencies; 
  7.25     (5) encourage agencies to develop individual family service 
  7.26  plans for children with disabilities, age three and older; 
  7.27     (6) implement a process for assuring that services involve 
  7.28  cooperating agencies at all steps leading to individualized 
  7.29  programs; 
  7.30     (7) facilitate the development of a transitional plan if a 
  7.31  service provider is not recommended to continue to provide 
  7.32  services; 
  7.33     (8) identify the current services and funding being 
  7.34  provided within the community for children with disabilities 
  7.35  under age five and their families; 
  7.36     (9) develop a plan for the allocation and expenditure of 
  8.1   additional state and federal early intervention funds under 
  8.2   United States Code, title 20, section 1471 et seq.  (Part H, 
  8.3   Public Law Number 102-119) and United States Code, title 20, 
  8.4   section 631, et seq. (Chapter I, Public Law Number 89-313); and 
  8.5      (10) develop a policy that is consistent with section 
  8.6   13.05, subdivision 9, and federal law to enable a member of an 
  8.7   interagency early intervention committee to allow another member 
  8.8   access to data classified as not public. 
  8.9      (c) The local committee shall also: 
  8.10     (1) participate in needs assessments and program planning 
  8.11  activities conducted by local social service, health and 
  8.12  education agencies for young children with disabilities and 
  8.13  their families; 
  8.14     (2) review and comment on the early intervention section of 
  8.15  the total special education system for the district, the county 
  8.16  social service plan, the section or sections of the community 
  8.17  health services plan that address needs of and service 
  8.18  activities targeted to children with special health care needs, 
  8.19  and the section of the maternal and child health special project 
  8.20  grants that address needs of and service activities targeted to 
  8.21  children with chronic illness and disabilities; and. 
  8.22     (3) prepare a yearly summary on the progress of the 
  8.23  community in serving young children with disabilities, and their 
  8.24  families, including the expenditure of funds. 
  8.25     (d) The summary must be organized following a format 
  8.26  prescribed by the commissioner of the state lead agency and must 
  8.27  be submitted to each of the local agencies and to the state 
  8.28  interagency coordinating council by October 1 of each year. 
  8.29     The departments of children, families, and learning, 
  8.30  health, and human services must provide assistance to the local 
  8.31  agencies in developing cooperative plans for providing services. 
  8.32     Sec. 7.  Minnesota Statutes 1998, section 125A.33, is 
  8.33  amended to read: 
  8.34     125A.33 [SERVICE COORDINATION.] 
  8.35     (a) The team developing the IFSP under section 125A.32 must 
  8.36  select a service coordinator to carry out service coordination 
  9.1   activities on an interagency basis.  Service coordination must 
  9.2   actively promote a family's capacity and competency to identify, 
  9.3   obtain, coordinate, monitor, and evaluate resources and services 
  9.4   to meet the family's needs.  Service coordination activities 
  9.5   include: 
  9.6      (1) coordinating the performance of evaluations and 
  9.7   assessments; 
  9.8      (2) facilitating and participating in the development, 
  9.9   review, and evaluation of individualized family service plans; 
  9.10     (3) assisting families in identifying available service 
  9.11  providers; 
  9.12     (4) coordinating and monitoring the delivery of available 
  9.13  services; 
  9.14     (5) informing families of the availability of advocacy 
  9.15  services; 
  9.16     (6) coordinating with medical, health, and other service 
  9.17  providers; 
  9.18     (7) facilitating the development of a transition plan at 
  9.19  least six months 90 days before the time the child is no longer 
  9.20  eligible for early intervention services, if appropriate; 
  9.21     (8) managing the early intervention record and submitting 
  9.22  additional information to the local primary agency at the time 
  9.23  of periodic review and annual evaluations; and 
  9.24     (9) notifying a local primary agency when disputes between 
  9.25  agencies impact service delivery required by an IFSP. 
  9.26     (b) A service coordinator must be knowledgeable about 
  9.27  children and families receiving services under this section, 
  9.28  requirements of state and federal law, and services available in 
  9.29  the interagency early childhood intervention system.  
  9.30     Sec. 8.  Minnesota Statutes 1998, section 125A.44, is 
  9.31  amended to read: 
  9.32     125A.44 [COMPLAINT PROCEDURE.] 
  9.33     (a) An individual or organization may file a written signed 
  9.34  complaint with the commissioner of the state lead agency 
  9.35  alleging that one or more requirements of the Code of Federal 
  9.36  Regulations, title 34, part 303, is not being met.  The 
 10.1   complaint must include:  
 10.2      (1) a statement that the state has violated the Individuals 
 10.3   with Disabilities Education Act, United States Code, title 20, 
 10.4   section 1471 et seq. (Part H, Public Law Number 102-119) or Code 
 10.5   of Federal Regulations, title 34, section 303; and 
 10.6      (2) the facts on which the complaint is based. 
 10.7      (b) The commissioner of the state lead agency shall receive 
 10.8   and coordinate with other state agencies the review and 
 10.9   resolution of a complaint within 60 calendar days according to 
 10.10  the state interagency agreement required under section 125A.48.  
 10.11  The development and disposition of corrective action orders for 
 10.12  nonschool agencies shall be determined by the State Agency 
 10.13  Committee (SAC).  Failure to comply with corrective orders may 
 10.14  result in fiscal actions or other measures. 
 10.15     Sec. 9.  Minnesota Statutes 1998, section 125A.52, 
 10.16  subdivision 1, is amended to read: 
 10.17     Subdivision 1.  [EDUCATIONAL SCREENING.] Secure and 
 10.18  nonsecure residential treatment facilities licensed by the 
 10.19  department of human services or the department of corrections 
 10.20  must screen each juvenile who is held in a facility for at least 
 10.21  72 hours, excluding weekends or holidays, using an educational 
 10.22  screening tool identified by the department, unless the facility 
 10.23  determines that the juvenile has a current individual education 
 10.24  plan and obtains a copy of it.  The department must develop or 
 10.25  identify an education screening tool for use in residential 
 10.26  facilities.  The tool must include a life skills development 
 10.27  component. 
 10.28     Sec. 10.  [SPECIAL EDUCATION RULES.] 
 10.29     Beginning no later than July 1, 1999, the commissioner 
 10.30  shall amend Minnesota Rules, chapter 3525, for special education 
 10.31  using the expedited process under Minnesota Statutes 1998, 
 10.32  section 14.389.  In addition to technical changes, corrections, 
 10.33  clarifications, and similarly needed revisions, specific rules 
 10.34  shall be modified or repealed as indicated below: 
 10.35     (1) repeal Minnesota Rules, part 3525.0200, subpart 6a, on 
 10.36  definition of IEP; 
 11.1      (2) repeal Minnesota Rules, part 3525.0200, subpart 11a, on 
 11.2   definition of parent; 
 11.3      (3) amend Minnesota Rules, part 3525.0750, to include 
 11.4   children enrolled in nonpublic schools for child find purposes; 
 11.5      (4) amend Minnesota Rules, part 3525.0800, subpart 8, on 
 11.6   district responsibility for choice options in accordance with 
 11.7   legislation; 
 11.8      (5) amend Minnesota Rules, part 3525.0800, subpart 9, on 
 11.9   district responsibility for upper age limit in accordance with 
 11.10  legislation; 
 11.11     (6) repeal Minnesota Rules, part 3525.1150; 
 11.12     (7) amend Minnesota Rules, part 3525.1310, to add program 
 11.13  coordination and due process facilitation to list of 
 11.14  reimbursable activities; 
 11.15     (8) amend Minnesota Rules, part 3525.1325, to revise 
 11.16  eligibility criteria for autism to reflect current professional 
 11.17  standards; 
 11.18     (9) amend Minnesota Rules, part 3525.1327, to make minor 
 11.19  revisions necessary to update eligibility criteria for 
 11.20  deaf-blindness; 
 11.21     (10) amend Minnesota Rules, part 3525.1331, to make minor 
 11.22  revisions necessary to update eligibility criteria for deaf and 
 11.23  hard of hearing; 
 11.24     (11) amend Minnesota Rules, part 3525.1333, to revise 
 11.25  eligibility criteria for cognitive impairment to reflect current 
 11.26  professional standards; 
 11.27     (12) amend Minnesota Rules, part 3525.1335, to revise 
 11.28  eligibility criteria for other health-impaired to reflect 
 11.29  current professional standards; 
 11.30     (13) amend Minnesota Rules, part 3525.1331, to make minor 
 11.31  revisions necessary to update eligibility criteria for physical 
 11.32  impairment; 
 11.33     (14) amend Minnesota Rules, part 3525.1341, to make minor 
 11.34  revisions necessary to update eligibility criteria for specific 
 11.35  learning disability; 
 11.36     (15) amend Minnesota Rules, part 3525.1343, to make minor 
 12.1   revisions necessary to update eligibility criteria for speech 
 12.2   and language impairments; 
 12.3      (16) amend Minnesota Rules, part 3525.1345, to make minor 
 12.4   revisions necessary to update eligibility criteria for blind and 
 12.5   vision impaired; 
 12.6      (17) amend Minnesota Rules, part 3525.1350, to make minor 
 12.7   revisions necessary to update eligibility criteria for early 
 12.8   childhood:  special education; 
 12.9      (18) amend Minnesota Rules, part 3525.1352, to make minor 
 12.10  revisions necessary to update eligibility criteria for 
 12.11  developmental adapted physical education:  special education; 
 12.12     (19) amend Minnesota Rules, part 3525.1354, to repeal 
 12.13  subpart 2 to drop documentation requirement on override 
 12.14  decisions; 
 12.15     (20) repeal Minnesota Rules, part 3525.1356, on exit 
 12.16  procedures; 
 12.17     (21) amend Minnesota Rules, part 3525.2325, to revise 
 12.18  outdated standards for students placed for care and treatment to 
 12.19  be compatible with related legislation; 
 12.20     (22) amend Minnesota Rules, part 3525.2335, to make minor 
 12.21  revisions to update standards for early childhood program 
 12.22  options, and repeal subpart 2, item C; 
 12.23     (23) amend Minnesota Rules, part 3525.2340, to revise 
 12.24  caseload standard for young children to clarify how caseload is 
 12.25  determined and to reflect supervision and safety needs of very 
 12.26  small children in various settings; 
 12.27     (24) amend Minnesota Rules, part 3525.2385, to add 
 12.28  provision for variance request for interpreters and 
 12.29  transliterators; 
 12.30     (25) amend Minnesota Rules, part 3525.2405, to repeal 
 12.31  subparts 2 and 3 on reimbursement standards for directors of 
 12.32  special education; 
 12.33     (26) repeal Minnesota Rules, part 3525.2420, on variance 
 12.34  request for director of special education; 
 12.35     (27) repeal Minnesota Rules, part 3525.2650, as duplicative 
 12.36  notice requirements; 
 13.1      (28) repeal Minnesota Rules, part 3525.3000, on periodic 
 13.2   reviews and documentation requirement; 
 13.3      (29) repeal Minnesota Rules, part 3525.3150, as duplicative 
 13.4   diploma requirements; 
 13.5      (30) repeal Minnesota Rules, part 3525.3200, as duplicative 
 13.6   notice requirement; 
 13.7      (31) amend Minnesota Rules, part 3525.3500, to repeal 
 13.8   duplicative notice requirements and mandate for districts to 
 13.9   initiate a hearing when refusing request for assessment; and 
 13.10     (32) amend Minnesota Rules, parts 3525.3800 to 3525.4700, 
 13.11  on due process hearings to make them compatible with recent 
 13.12  state and federal legislation. 
 13.13     Sec. 11.  [REPEALER.] 
 13.14     Minnesota Statutes 1998, section 125A.53, is repealed.  
 13.15  Laws 1998, chapter 398, article 2, section 53, is repealed.