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Minnesota Legislature

Office of the Revisor of Statutes

HF 2846

2nd Engrossment - 90th Legislature (2017 - 2018) Posted on 03/28/2018 01:42pm

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

Current Version - 2nd Engrossment

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A bill for an act
relating to education; establishing a special education working group; requiring a
report.

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

Section 1. new text beginSPECIAL EDUCATION WORKING GROUP.
new text end

new text begin Subdivision 1. new text end

new text begin Duties. new text end

new text begin (a) A working group on special education is created to review
special education delivery and costs in Minnesota and submit a written report to the
legislature recommending changes to reduce costs. The report must:
new text end

new text begin (1) review how school districts, charter schools, intermediate school districts, special
education cooperatives, education districts, and service cooperatives deliver special education
services, and the costs and benefits associated with each model;
new text end

new text begin (2) compare relevant state and federal special education laws and regulations;
new text end

new text begin (3) analyze trends in special education enrollment and the reasons for the increased
proportion of Minnesota students receiving special education, including identifying disparities
in student identification;
new text end

new text begin (4) identify strategies or programs that would be effective in reducing the need for special
education services;
new text end

new text begin (5) analyze funding for nonresident children in accordance with Minnesota Statutes,
sections 125A.11 and 127A.47;
new text end

new text begin (6) analyze the effect of the 2013 statutory changes to the state special education funding
formula, including interactions and conformity with federal funding formulas;
new text end

new text begin (7) describe how school districts and charter schools use section 504 plans, including
criteria used to determine when a section 504 plan is appropriate and the prevalence of
section 504 plans in school districts and charter schools; and
new text end

new text begin (8) review the 2013 evaluation report by the Office of the Legislative Auditor on special
education and whether any recommendations have been enacted or implemented.
new text end

new text begin (b) In making its recommendations, the special education working group must develop
a ten-year strategic plan informed by the findings in paragraph (a) to help reduce the costs
contributing to the special education cross-subsidy and overall special education funding.
new text end

new text begin Subd. 2. new text end

new text begin Members. new text end

new text begin (a) By June 1, 2018, the executive director of the following
organizations may appoint one representative of that organization to serve as a member of
the working group:
new text end

new text begin (1) the National Alliance on Mental Illness Minnesota;
new text end

new text begin (2) the Parent Advocacy Coalition for Educational Rights;
new text end

new text begin (3) the Minnesota School Boards Association;
new text end

new text begin (4) the Minnesota Administrators for Special Education;
new text end

new text begin (5) the Minnesota Association of Charter Schools;
new text end

new text begin (6) Education Minnesota;
new text end

new text begin (7) the Minnesota Rural Education Association;
new text end

new text begin (8) the Association of Metropolitan School Districts;
new text end

new text begin (9) The Arc Minnesota;
new text end

new text begin (10) the Autism Society of Minnesota;
new text end

new text begin (11) the Disability Law Center;
new text end

new text begin (12) the Minnesota Alliance with Youth;
new text end

new text begin (13) the Minnesota Education Equity Partnership;
new text end

new text begin (14) Service Employees International Union Local 284;
new text end

new text begin (15) the Minnesota Association of School Administrators;
new text end

new text begin (16) the Minnesota Association of School Business Officials; and
new text end

new text begin (17) the Minnesota Association of Alternative Programs.
new text end

new text begin (b) By June 1, 2018, the commissioner of education must designate the following
individuals to serve as members of the working group:
new text end

new text begin (1) a representative from an intermediate school district;
new text end

new text begin (2) a representative from a special education cooperative, education district, or service
cooperative;
new text end

new text begin (3) a representative from the Governor's Council on Developmental Disabilities;
new text end

new text begin (4) a representative from the Commission of Deaf, DeafBlind, and Hard of Hearing
Minnesotans;
new text end

new text begin (5) a representative from a school district in a city of the first class;
new text end

new text begin (6) a student receiving special education services; and
new text end

new text begin (7) one representative of a nonprofit organization specializing in early childhood
education issues.
new text end

new text begin Subd. 3. new text end

new text begin Meetings. new text end

new text begin The commissioner of education, or the commissioner's designee,
must convene the first meeting of the working group no later than July 15, 2018. The working
group must select a chair or cochairs from among its members at the first meeting. The
working group must meet periodically. Meetings of the working group must be open to the
public.
new text end

new text begin Subd. 4. new text end

new text begin Compensation. new text end

new text begin Working group members are not eligible to receive expenses
or per diem payments for serving on the working group.
new text end

new text begin Subd. 5. new text end

new text begin Administrative support. new text end

new text begin The commissioner of education must provide technical
and administrative assistance to the working group upon request.
new text end

new text begin Subd. 6. new text end

new text begin Report. new text end

new text begin (a) By January 15, 2019, the working group must submit a report
providing its findings and recommendations to the chairs and ranking minority members
of the legislative committees with jurisdiction over kindergarten through grade 12 education.
new text end

new text begin (b) The legislature convening in January 2019 is encouraged to convene a legislative
study group to review the recommendations and ten-year strategic plan to develop its own
recommendations for legislative changes, as necessary.
new text end

new text begin Subd. 7. new text end

new text begin Expiration. new text end

new text begin The working group expires on January 16, 2019, unless extended
by law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end