HF 1221

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to education; allowing a school district to
apply general provisions of the Pupil Fair Dismissal
Act to a child whose parent refuses to consent to an
initial evaluation; amending Minnesota Statutes 2004,
section 125A.091, subdivision 5.

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

Section 1.

Minnesota Statutes 2004, section 125A.091,
subdivision 5, is amended to read:

Subd. 5.

Initial action; parent consent.

(a) The
district must not proceed with the initial evaluation of a
child, the initial placement of a child in a special education
program, or the initial provision of special education services
for a child without the prior written consent of the child's
parent. A district may not override the written refusal of a
parent to consent to an initial evaluation or reevaluation. new text begin If
a parent refuses to consent to the initial evaluation of a
child, a school district may apply to the child those provisions
of the Pupil Fair Dismissal Act under sections 121A.40 to
121A.56 applicable to students without disabilities.
new text end

(b) A parent, after consulting with health care, education,
or other professional providers, may agree or disagree to
provide the parent's child with sympathomimetic medications
unless section 144.344 applies.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the
2005-2006 school year and later.
new text end