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Minnesota Legislature

Office of the Revisor of Statutes

HF 1635

as introduced - 90th Legislature (2017 - 2018) Posted on 02/23/2017 01:28pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to education; providing for approval of education programs at care and
treatment facilities; amending Minnesota Statutes 2016, section 125A.515,
subdivisions 1, 3.

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

Section 1.

Minnesota Statutes 2016, section 125A.515, subdivision 1, is amended to read:


Subdivision 1.

Approval of education programs.

new text begin(a) new text endThe commissioner shall approve
on-site education programs for placement of children and youth in residential facilities
including detention centers, before being licensed by the Department of Human Services
or the Department of Corrections. Education programs in these facilities shall conform to
state and federal education laws including the Individuals with Disabilities Education Act
(IDEA). This section applies only to placements in facilities licensed by the Department of
Human Services or the Department of Corrections. For purposes of this section, "on-site
education program" means the educational services provided directly on the grounds of the
care and treatment facility to children and youth placed for care and treatment.

new text begin (b) The commissioner must establish a process to approve education programs operated
by a care and treatment facility, mental health day treatment program, charter school, or
other educational institution at a specified facility. An education program approved under
this paragraph must conform to state and federal education laws including the Individuals
with Disabilities Education Act (IDEA). The application process must provide an appeal
process, including a hearing before an administrative law judge under section 14.50.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2017.
new text end

Sec. 2.

Minnesota Statutes 2016, section 125A.515, subdivision 3, is amended to read:


Subd. 3.

Responsibilities for providing education.

(a) new text beginIf the commissioner has approved
an education program at a specified facility under subdivision 1, paragraph (b), the approved
program must provide education services to a student placed in the facility, including special
education if a student is eligible. The care and treatment facility, mental health day treatment
program, charter school, or other educational institution providing the approved education
program is the providing district or providing agency for purposes of this chapter.
new text end

new text begin (b) If no education program has been approved at a specified facility under subdivision
1, paragraph (a),
new text endthe district in which the residentialnew text begin or mental health day treatmentnew text end facility
is located must provide education services, including special education if eligible, to all
students placed in a facility.

deleted text begin (b)deleted text endnew text begin (c)new text end For education programs operated by the Department of Corrections, the providing
district shall be the Department of Corrections. For students remanded to the commissioner
of corrections, the providing and resident district shall be the Department of Corrections.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2017.
new text end