HF 1799

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to education; modifying special education aid 
  1.3             and procedures; amending Minnesota Statutes 1994, 
  1.4             sections 120.17, subdivisions 3a and 3b; 124.273, 
  1.5             subdivision 1b; 124.32, subdivision 1b; 124.574, 
  1.6             subdivision 2b. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 120.17, 
  1.9   subdivision 3a, is amended to read: 
  1.10     Subd. 3a.  [SCHOOL DISTRICT OBLIGATIONS.] Every district 
  1.11  shall ensure that: 
  1.12     (1) all students with disabilities are provided the special 
  1.13  instruction and services which are appropriate to their needs.  
  1.14  Where the individual education plan team has determined 
  1.15  appropriate goals and objectives based on the student's needs, 
  1.16  including the extent to which the student can be included in the 
  1.17  least restrictive environment, and where there are essentially 
  1.18  equivalent and effective instruction, related services, or 
  1.19  assistive technology devices available to meet the student's 
  1.20  needs, cost to the school district may be among the factors 
  1.21  considered by the team in choosing how to provide the 
  1.22  appropriate services, instruction, or devices that are to be 
  1.23  made part of the student's individual education plan.  The 
  1.24  student's needs and the special education instruction and 
  1.25  services to be provided shall be agreed upon through the 
  1.26  development of an individual education plan.  The plan shall 
  2.1   address the student's need to develop skills to live and work as 
  2.2   independently as possible within the community.  By grade 9 or 
  2.3   age 14, the plan shall address the student's needs for 
  2.4   transition from secondary services to post-secondary education 
  2.5   and training, employment, community participation, recreation, 
  2.6   and leisure and home living.  The plan must include a statement 
  2.7   of the needed transition services, including a statement of the 
  2.8   interagency responsibilities or linkages or both before 
  2.9   secondary services are concluded; 
  2.10     (2) children with a disability under age five and their 
  2.11  families are provided special instruction and services 
  2.12  appropriate to the child's level of functioning and needs; 
  2.13     (3) children with a disability and their parents or 
  2.14  guardians are guaranteed procedural safeguards and the right to 
  2.15  participate in decisions involving identification, assessment 
  2.16  and educational placement of children with a disability; 
  2.17     (4) to the maximum extent appropriate, children with a 
  2.18  disability, including those in public or private institutions or 
  2.19  other care facilities, are educated with children who are not 
  2.20  disabled, and that special classes, separate schooling, or other 
  2.21  removal of children with a disability from the regular 
  2.22  educational environment occurs only when and to the extent that 
  2.23  the nature or severity of the disability is such that education 
  2.24  in regular classes with the use of supplementary services cannot 
  2.25  be achieved satisfactorily; 
  2.26     (5) in accordance with recognized professional standards, 
  2.27  testing and evaluation materials, and procedures utilized for 
  2.28  the purposes of classification and placement of children with a 
  2.29  disability are selected and administered so as not to be 
  2.30  racially or culturally discriminatory; and 
  2.31     (6) the rights of the child are protected when the parents 
  2.32  or guardians are not known or not available, or the child is a 
  2.33  ward of the state. 
  2.34     Sec. 2.  Minnesota Statutes 1994, section 120.17, 
  2.35  subdivision 3b, is amended to read: 
  2.36     Subd. 3b.  [PROCEDURES FOR DECISIONS.] Every district shall 
  3.1   utilize at least the following procedures for decisions 
  3.2   involving identification, assessment, and educational placement 
  3.3   of children with a disability: 
  3.4      (a) Parents and guardians shall receive prior written 
  3.5   notice of:  
  3.6      (1) any proposed formal educational assessment or proposed 
  3.7   denial of a formal educational assessment of their child; 
  3.8      (2) a proposed placement of their child in, transfer from 
  3.9   or to, or denial of placement in a special education program; or 
  3.10     (3) the proposed provision, addition, denial or removal of 
  3.11  special education services for their child; 
  3.12     (b) The district shall not proceed with the initial formal 
  3.13  assessment of a child, the initial placement of a child in a 
  3.14  special education program, or the initial provision of special 
  3.15  education services for a child without the prior written consent 
  3.16  of the child's parent or guardian.  The refusal of a parent or 
  3.17  guardian to consent may be overridden by the decision in a 
  3.18  hearing held pursuant to clause (e) at the district's 
  3.19  initiative; 
  3.20     (c) Parents and guardians shall have an opportunity to meet 
  3.21  with appropriate district staff in at least one conciliation 
  3.22  conference if they object to any proposal of which they are 
  3.23  notified pursuant to clause (a).  The conciliation process shall 
  3.24  not be used to deny or delay a parent or guardian's right to a 
  3.25  due process hearing.  If the parent or guardian refuses efforts 
  3.26  by the district to conciliate the dispute with the school 
  3.27  district, the requirement of an opportunity for conciliation 
  3.28  shall be deemed to be satisfied; 
  3.29     (d) The commissioner shall establish a mediation process to 
  3.30  assist parents, school districts, or other parties to resolve 
  3.31  disputes arising out of the identification, assessment, or 
  3.32  educational placement of children with a disability.  The 
  3.33  mediation process must be offered as an informal alternative to 
  3.34  the due process hearing provided under clause (e), but must not 
  3.35  be used to deny or postpone the opportunity of a parent or 
  3.36  guardian to obtain a due process hearing. 
  4.1      (e) Parents, guardians, and the district shall have an 
  4.2   opportunity to obtain an impartial due process hearing initiated 
  4.3   and conducted by and in the school district responsible for 
  4.4   assuring that an appropriate program is provided in accordance 
  4.5   with state board rules, if the parent or guardian continues to 
  4.6   object to:  
  4.7      (1) a proposed formal educational assessment or proposed 
  4.8   denial of a formal educational assessment of their child; 
  4.9      (2) the proposed placement of their child in, or transfer 
  4.10  of their child to a special education program; 
  4.11     (3) the proposed denial of placement of their child in a 
  4.12  special education program or the transfer of their child from a 
  4.13  special education program; 
  4.14     (4) the proposed provision or addition of special education 
  4.15  services for their child; or 
  4.16     (5) the proposed denial or removal of special education 
  4.17  services for their child. 
  4.18     At least five Within 15 calendar days before after the 
  4.19  request for a hearing, or as directed by the hearing officer, 
  4.20  the objecting party shall provide the other party with a brief 
  4.21  written statement of particulars of the objection and, the 
  4.22  reasons for the objection, and the specific remedies sought.  
  4.23  The other party shall provide the objecting party with a written 
  4.24  response to the statement of objections within 15 days of 
  4.25  receipt of the statement.  
  4.26     The hearing shall take place before an impartial hearing 
  4.27  officer mutually agreed to by the school board and the parent or 
  4.28  guardian.  If the school board and the parent or guardian are 
  4.29  unable to agree on a hearing officer, the school board shall 
  4.30  request the commissioner to appoint a hearing officer.  The 
  4.31  hearing officer shall not be a school board member or employee 
  4.32  of the school district where the child resides or of the child's 
  4.33  school district of residence, an employee of any other public 
  4.34  agency involved in the education or care of the child, or any 
  4.35  person with a personal or professional interest which would 
  4.36  conflict with the person's objectivity at the hearing.  A person 
  5.1   who otherwise qualifies as a hearing officer is not an employee 
  5.2   of the district solely because the person is paid by the 
  5.3   district to serve as a hearing officer.  If the hearing officer 
  5.4   requests an independent educational assessment of a child, the 
  5.5   cost of the assessment shall be at district expense.  The 
  5.6   proceedings shall be recorded and preserved, at the expense of 
  5.7   the school district, pending ultimate disposition of the action. 
  5.8      (f) The decision of the hearing officer pursuant to clause 
  5.9   (e) shall be rendered not more than 45 calendar days from the 
  5.10  date of the receipt of the request for the hearing.  A hearing 
  5.11  officer may grant specific extensions of time beyond the 45-day 
  5.12  period at the request of either party.  The decision of the 
  5.13  hearing officer shall be binding on all parties unless appealed 
  5.14  to the hearing review officer by the parent, guardian, or the 
  5.15  school board of the district where the child resides pursuant to 
  5.16  clause (g). 
  5.17     The local decision shall: 
  5.18     (1) be in writing; 
  5.19     (2) state the controlling facts upon which the decision is 
  5.20  made in sufficient detail to apprise the parties and the hearing 
  5.21  review officer of the basis and reason for the decision; 
  5.22     (3) state whether the special education program or special 
  5.23  education services appropriate to the child's needs can be 
  5.24  reasonably provided within the resources available to the 
  5.25  responsible district or districts; 
  5.26     (4) state the amount and source of any additional district 
  5.27  expenditure necessary to implement the decision; and 
  5.28     (5) be based on the standards set forth in subdivision 3a 
  5.29  and the rules of the state board. 
  5.30     (g) Any local decision issued pursuant to clauses (e) and 
  5.31  (f) may be appealed to the hearing review officer within 30 
  5.32  calendar days of receipt of that written decision, by the 
  5.33  parent, guardian, or the school board of the district 
  5.34  responsible for assuring that an appropriate program is provided 
  5.35  in accordance with state board rules. 
  5.36     If the decision is appealed, a written transcript of the 
  6.1   hearing shall be made by the school district and shall be 
  6.2   accessible to the parties involved within five calendar days of 
  6.3   the filing of the appeal.  The hearing review officer shall 
  6.4   issue a final independent decision based on an impartial review 
  6.5   of the local decision and the entire record within 30 calendar 
  6.6   days after the filing of the appeal.  The hearing review officer 
  6.7   shall seek additional evidence if necessary and may afford the 
  6.8   parties an opportunity for written or oral argument; provided 
  6.9   any hearing held to seek additional evidence shall be an 
  6.10  impartial due process hearing but shall be deemed not to be a 
  6.11  contested case hearing for purposes of chapter 14.  The hearing 
  6.12  review officer may grant specific extensions of time beyond the 
  6.13  30-day period at the request of any party. 
  6.14     The final decision shall: 
  6.15     (1) be in writing; 
  6.16     (2) include findings and conclusions; and 
  6.17     (3) be based upon the standards set forth in subdivision 3a 
  6.18  and in the rules of the state board. 
  6.19     (h) The decision of the hearing review officer shall be 
  6.20  final unless appealed by the parent or guardian or school board 
  6.21  to the court of appeals.  The judicial review shall be in 
  6.22  accordance with chapter 14.  
  6.23     (i) The commissioner of education shall select an 
  6.24  individual who has the qualifications enumerated in this 
  6.25  paragraph to serve as the hearing review officer: 
  6.26     (1) the individual must be knowledgeable and impartial; 
  6.27     (2) the individual must not have a personal interest in or 
  6.28  specific involvement with the student who is a party to the 
  6.29  hearing; 
  6.30     (3) the individual must not have been employed as an 
  6.31  administrator by the district that is a party to the hearing; 
  6.32     (4) the individual must not have been involved in the 
  6.33  selection of the administrators of the district that is a party 
  6.34  to the hearing; 
  6.35     (5) the individual must not have a personal, economic, or 
  6.36  professional interest in the outcome of the hearing other than 
  7.1   the proper administration of the federal and state laws, rules, 
  7.2   and policies; 
  7.3      (6) the individual must not have substantial involvement in 
  7.4   the development of a state or local policy or procedures that 
  7.5   are challenged in the appeal; and 
  7.6      (7) the individual is not a current employee or board 
  7.7   member of a Minnesota public school district, education 
  7.8   district, intermediate unit or regional education agency, the 
  7.9   state department of education, the state board of education, or 
  7.10  a parent advocacy organization or group.  
  7.11     (j) In all appeals, the parent or guardian of the pupil 
  7.12  with a disability or the district that is a party to the hearing 
  7.13  may challenge the impartiality or competence of the proposed 
  7.14  hearing review officer by applying to the state board of 
  7.15  education.  
  7.16     (k) Pending the completion of proceedings pursuant to this 
  7.17  subdivision, unless the district and the parent or guardian of 
  7.18  the child agree otherwise, the child shall remain in the child's 
  7.19  current educational placement and shall not be denied initial 
  7.20  admission to school. 
  7.21     (l) The child's school district of residence, a resident 
  7.22  district, and providing district shall receive notice of and may 
  7.23  be a party to any hearings or appeals under this subdivision. 
  7.24     Sec. 3.  Minnesota Statutes 1994, section 124.273, 
  7.25  subdivision 1b, is amended to read: 
  7.26     Subd. 1b.  [TEACHERS SALARIES.] Each year the state shall 
  7.27  pay a school district a portion of the salary of one full-time 
  7.28  equivalent teacher for each 40 pupils of limited English 
  7.29  proficiency enrolled in the district.  Notwithstanding the 
  7.30  foregoing, the state shall pay a portion of the salary of 
  7.31  one-half of a full-time equivalent teacher to a district with 20 
  7.32  or fewer pupils of limited English proficiency enrolled.  The 
  7.33  portion for a full-time teacher shall be the lesser of 55.2 70 
  7.34  percent of the salary or $15,320 70 percent of the statewide 
  7.35  average salary for all teachers as calculated under section 
  7.36  124A.04.  The portion for a part-time or limited-time teacher 
  8.1   shall be the lesser of 55.2 70 percent of the salary or the 
  8.2   product of $15,320 70 percent of the statewide average salary 
  8.3   for all teachers as calculated under section 124A.04 times the 
  8.4   ratio of the person's actual employment to full-time 
  8.5   employment.  For the purposes of this subdivision, a teacher 
  8.6   includes nonlicensed personnel who provide direct instruction to 
  8.7   students of limited English proficiency under the supervision of 
  8.8   a licensed teacher. 
  8.9      Sec. 4.  Minnesota Statutes 1994, section 124.32, 
  8.10  subdivision 1b, is amended to read: 
  8.11     Subd. 1b.  [TEACHERS SALARIES.] (a) Each year the state 
  8.12  shall pay to a district a portion of the salary of each 
  8.13  essential person employed in the district's program for children 
  8.14  with a disability during the regular school year, whether the 
  8.15  person is employed by one or more districts.  The state shall 
  8.16  also pay to the Minnesota state academy for the deaf or the 
  8.17  Minnesota state academy for the blind a part of the salary of 
  8.18  each instructional aide assigned to a child attending the 
  8.19  academy, if that aide is required by the child's individual 
  8.20  education plan.  
  8.21     (b) For the 1992-1993 school year and thereafter, the 
  8.22  portion for a full-time person is an amount not to exceed the 
  8.23  lesser of 55.2 70 percent of the salary or $15,320 70 percent of 
  8.24  the statewide average salary for all teachers as calculated 
  8.25  under section 124A.04.  The portion for a part-time or 
  8.26  limited-time person is an amount not to exceed the lesser 
  8.27  of 55.2 70 percent of the salary or the product of $15,320 70 
  8.28  percent of the statewide average salary for all teachers as 
  8.29  calculated under section 124A.04 times the ratio of the person's 
  8.30  actual employment to full-time employment. 
  8.31     Sec. 5.  Minnesota Statutes 1994, section 124.574, 
  8.32  subdivision 2b, is amended to read: 
  8.33     Subd. 2b.  [SALARIES.] (a) Each year the state shall pay to 
  8.34  any district or cooperative center a portion of the salary of 
  8.35  each essential licensed person who provides direct instructional 
  8.36  services to students, employed during that fiscal year for 
  9.1   services rendered in that district's or center's secondary 
  9.2   vocational education programs for children with a disability. 
  9.3      (b) For fiscal year 1993 and thereafter, the portion for a 
  9.4   full-time person is an amount not to exceed the lesser of 55.2 
  9.5   70 percent of the salary or $15,320 70 percent of the statewide 
  9.6   average salary for all teachers as calculated under section 
  9.7   124A.04.  The portion for a part-time or limited-time person is 
  9.8   the lesser of 55.2 70 percent of the salary or the product of 
  9.9   $15,320 70 percent of the statewide average salary for all 
  9.10  teachers as calculated under section 124A.04 times the ratio of 
  9.11  the person's actual employment to full-time employment. 
  9.12     Sec. 6.  [ONE TIER HEARING RECOMMENDATIONS.] 
  9.13     The department of education shall present to the 1996 
  9.14  legislature recommendations for implementing a one tier due 
  9.15  process hearing procedure under Minnesota Statutes, section 
  9.16  120.17, subdivision 3b, in place of the current two tier process.