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HF 2341

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

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

Bill Text Versions

Engrossments
Introduction Posted on 03/29/2001

Current Version - as introduced

  1.1                          A bill for an act 
  1.2             relating to education; according school district 
  1.3             flexibility in determining eligible students' level of 
  1.4             performance; amending Minnesota Statutes 2000, section 
  1.5             125A.08.  
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, section 125A.08, is 
  1.8   amended to read: 
  1.9      125A.08 [SCHOOL DISTRICT OBLIGATIONS.] 
  1.10     (a) As defined in this section, every district must ensure 
  1.11  the following: 
  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 district may be among the factors considered 
  1.21  by the team in choosing how to provide the appropriate services, 
  1.22  instruction, or devices that are to be made part of the 
  1.23  student's individual education plan.  The individual education 
  1.24  plan team shall consider and may authorize services covered by 
  1.25  medical assistance according to section 256B.0625, subdivision 
  2.1   26.  The student's needs and the special education instruction 
  2.2   and services to be provided must be agreed upon through the 
  2.3   development of an individual education plan.  The plan must 
  2.4   address the student's need to develop skills to live and work as 
  2.5   independently as possible within the community.  By grade 9 or 
  2.6   age 14, the plan must address the student's needs for transition 
  2.7   from secondary services to post-secondary education and 
  2.8   training, employment, community participation, recreation, and 
  2.9   leisure and home living.  In developing the plan, districts must 
  2.10  inform parents of the full range of transitional goals and 
  2.11  related services that should be considered.  The plan must 
  2.12  include a statement of the needed transition services, including 
  2.13  a statement of the interagency responsibilities or linkages or 
  2.14  both before secondary services are concluded; 
  2.15     (2) children with a disability under age five and their 
  2.16  families are provided special instruction and services 
  2.17  appropriate to the child's level of functioning and needs; 
  2.18     (3) children with a disability and their parents or 
  2.19  guardians are guaranteed procedural safeguards and the right to 
  2.20  participate in decisions involving identification, assessment 
  2.21  including assistive technology assessment, and educational 
  2.22  placement of children with a disability; 
  2.23     (4) eligibility and needs of children with a disability are 
  2.24  determined by an initial assessment or reassessment, which may 
  2.25  be completed using existing data under United States Code, title 
  2.26  20, section 33, et seq.; 
  2.27     (5) to the maximum extent appropriate, children with a 
  2.28  disability, including those in public or private institutions or 
  2.29  other care facilities, are educated with children who are not 
  2.30  disabled, and that special classes, separate schooling, or other 
  2.31  removal of children with a disability from the regular 
  2.32  educational environment occurs only when and to the extent that 
  2.33  the nature or severity of the disability is such that education 
  2.34  in regular classes with the use of supplementary services cannot 
  2.35  be achieved satisfactorily; 
  2.36     (6) in accordance with recognized professional standards, 
  3.1   testing and evaluation materials, and procedures used for the 
  3.2   purposes of classification and placement of children with a 
  3.3   disability are selected and administered so as not to be 
  3.4   racially or culturally discriminatory; and 
  3.5      (7) the rights of the child are protected when the parents 
  3.6   or guardians are not known or not available, or the child is a 
  3.7   ward of the state. 
  3.8      (b) For paraprofessionals employed to work in programs for 
  3.9   students with disabilities, the school board in each district 
  3.10  shall ensure that: 
  3.11     (1) before or immediately upon employment, each 
  3.12  paraprofessional develops sufficient knowledge and skills in 
  3.13  emergency procedures, building orientation, roles and 
  3.14  responsibilities, confidentiality, vulnerability, and 
  3.15  reportability, among other things, to begin meeting the needs of 
  3.16  the students with whom the paraprofessional works; 
  3.17     (2) annual training opportunities are available to enable 
  3.18  the paraprofessional to continue to further develop the 
  3.19  knowledge and skills that are specific to the students with whom 
  3.20  the paraprofessional works, including understanding 
  3.21  disabilities, following lesson plans, and implementing follow-up 
  3.22  instructional procedures and activities; and 
  3.23     (3) a districtwide process obligates each paraprofessional 
  3.24  to work under the ongoing direction of a licensed teacher and, 
  3.25  where appropriate and possible, the supervision of a school 
  3.26  nurse. 
  3.27     (c) A district that demonstrates to the commissioner that 
  3.28  its standard assessments may result in the overidentification of 
  3.29  students whose status is afforded protection under chapter 363 
  3.30  may use recognized professional standards and testing and 
  3.31  evaluation materials and nondiscriminatory procedures to 
  3.32  individually evaluate eligible students enrolled in the district 
  3.33  to determine the students' level of performance and improve 
  3.34  their educational opportunities and outcomes.  Eligible students 
  3.35  evaluated under this paragraph are entitled to the procedural 
  3.36  protections provided under this chapter in any matter that 
  4.1   affects the students' identification, evaluation, placement, or 
  4.2   change in placement and protections provided under sections 
  4.3   121A.40 to 121A.56 in a dismissal proceeding that may result in 
  4.4   the students' suspension, exclusion, or expulsion.  A district 
  4.5   evaluating students under this paragraph must protect students' 
  4.6   civil rights, provide equal educational opportunities, and 
  4.7   prohibit discrimination. 
  4.8      [EFFECTIVE DATE.] This section is effective the day 
  4.9   following final enactment.