HF 1490

as introduced - 87th Legislature (2011 - 2012) Posted on 04/14/2011 11:22am

A bill for an act
relating to education; adopting a response to intervention model; requiring
rulemaking; requiring a report; repealing Minnesota Rules, parts 3525.1329,
subpart 3; 3525.1341, subpart 2, item B.

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

Section 1. new text begin RESPONSE TO INTERVENTION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin As used in this section, the following terms have the
meanings given.
new text end

new text begin "Intervention" means the systematic use of a technique, program, or practice
designed to improve learning or performance in specific areas of pupil need and selected,
to the extent possible, based on their scientific validation.
new text end

new text begin "Presenting problem" means a problem statement that describes the degree of
discrepancy between the learning standards of the educational setting and a student's
performance.
new text end

new text begin Subd. 2. new text end

new text begin Rulemaking. new text end

new text begin (a) The commissioner of education shall adopt and amend
rules to establish a response to intervention method as the sole method for establishing
eligibility standards for specific learning disabilities using insufficient student achievement
and insufficient student progress as the criteria. These rules shall require:
new text end

new text begin (1) scientific research-based instruction and behavioral supports in general education
settings and the use of a collaborative approach by school staff for development,
implementation, and evaluation of the intervention process as defined in section 125A.56,
subdivision 2;
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new text begin (2) a description of the presenting problem in objective terms using data collection
procedures including reviews of existing information, interviews, and informal testing that
focus on alterable characteristics of the instructional environment;
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new text begin (3) data collection and problem analysis using a systematic, data-based process to
develop a hypothesis about why the problem is occurring;
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new text begin (4) that data be used by the team to determine whether a pattern of strengths and
weaknesses in performance exists that is relevant in designing an intervention;
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new text begin (5) data collection procedures that are individually tailored, valid, and reliable and
allow for frequent and repeated measurements of intervention;
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new text begin (6) interventions that are designed based on the data collected, the defined problem,
parent input, and professional judgments about the potential effectiveness of interventions;
new text end

new text begin (7) an intervention plan that includes goals and strategies, a progress monitoring
plan, a decision-making plan for summarizing and analyzing progress monitoring data,
and designation of the parties responsible for implementation;
new text end

new text begin (8) interventions implemented in a manner highly consistent with the intervention
plan's design as verified through direct observation and interviews with responsible parties
and provided to the pupil for at least 80 percent of the recommended number of weeks,
sessions, and minutes per session; and
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new text begin (9) decisions regarding the effectiveness of interventions to focus on comparisons
with initial levels of performance.
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new text begin Noncompliance with the length of instruction under clause (8) shall not be used to
deny a parent's right to a special education evaluation for the student.
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new text begin (b) The commissioner of education shall amend rules to:
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new text begin (1) remove the severe discrepancy model of identifying specific learning disabilities;
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new text begin (2) remove the use of intelligence quotient testing in determining emotional and
behavioral disorders; and
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new text begin (3) adopt rules using a positive behavior and intervention supports model for
emotional and behavioral disorders.
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new text begin (c) The commissioner shall not adopt rules under this section implementing models
similar to those removed under paragraph (b).
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new text begin (d) The rules adopted under this subdivision shall be effective July 1, 2014.
new text end

new text begin Subd. 3. new text end

new text begin Minnesota Response to Intervention Center. new text end

new text begin (a) The St. Croix River
Education District shall reestablish the Minnesota Response to Intervention Center. The
commissioner of education shall contract with the St. Croix River Education District
to provide expert level consultation and assistance on response to intervention issues
through the Minnesota Response to Intervention Center. The commissioner shall utilize
federal revenue provided through the Elementary and Secondary Education Act and the
Individuals with Disabilities Education Act for this contract. The contract shall begin not
later than August 1, 2011, and shall end June 30, 2013. The amount of the contract shall
be sufficient to enable the education district to perform the duties assigned in this section.
new text end

new text begin (b) Through the contract with the Department of Education, the Minnesota Response
to Intervention Center shall:
new text end

new text begin (1) provide leadership for the state regarding the implementation of a response to
intervention model;
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new text begin (2) provide training and assistance to school districts and charter schools to assist
them in successfully planning and implementing a response to intervention model which
results in:
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new text begin (i) students being provided assistance as soon as needed;
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new text begin (ii) improved student learning and closing the achievement gap;
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new text begin (iii) a reduction in the number of students in need of special education; and
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new text begin (iv) a more efficient use of personnel and financial resources;
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new text begin (3) assist the commissioner in drafting the rule revisions required under subdivision
2;
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new text begin (4) develop model response to intervention manuals;
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new text begin (5) provide training and consultation on the response to intervention framework,
including the problem solving model, scientifically based instruction within a multitiered
model of instructional supports, standards-aligned instruction, and the use of formative
assessment to guide instructional decision making;
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new text begin (6) provide training, coaching, and consultation to school sites to meet the
requirements of Minnesota Rules, parts 3525.1329 and 3525.1341, and applicable federal
requirements under the Individuals with Disabilities Education Act and the Elementary
and Secondary Education Act;
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new text begin (7) assist higher education institutions to incorporate the response to intervention
research into applicable licensure programs; and
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new text begin (8) evaluate the learning and financial impact of the response to intervention model
in Minnesota.
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new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin By February 1, 2012, the commissioner of education shall
report the proposed rule changes required under subdivision 2 to the policy and finance
legislative committees with jurisdiction over kindergarten through grade 12 education.
new text end

Sec. 2. new text begin REPEALER.
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new text begin Minnesota Rules, parts 3525.1329, subpart 3; and 3525.1341, subpart 2, item B, new text end new text begin are
repealed.
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2014.
new text end