HF 2846

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

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. SPECIAL EDUCATION WORKING GROUP.

Subdivision 1.

Duties.

(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:

(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;

(2) compare relevant state and federal special education laws and regulations;

(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;

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

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

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

(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

(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.

(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.

Subd. 2.

Members.

(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:

(1) the National Alliance on Mental Illness Minnesota;

(2) the Parent Advocacy Coalition for Educational Rights;

(3) the Minnesota School Boards Association;

(4) the Minnesota Administrators for Special Education;

(5) the Minnesota Association of Charter Schools;

(6) Education Minnesota;

(7) the Minnesota Rural Education Association;

(8) the Association of Metropolitan School Districts;

(9) The Arc Minnesota;

(10) the Autism Society of Minnesota;

(11) the Disability Law Center;

(12) the Minnesota Alliance with Youth;

(13) the Minnesota Education Equity Partnership;

(14) Service Employees International Union Local 284;

(15) the Minnesota Association of School Administrators;

(16) the Minnesota Association of School Business Officials; and

(17) the Minnesota Association of Alternative Programs.

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

(1) a representative from an intermediate school district;

(2) a representative from a special education cooperative, education district, or service
cooperative;

(3) a representative from the Governor's Council on Developmental Disabilities;

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

(5) a representative from a school district in a city of the first class;

(6) a student receiving special education services; and

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

Subd. 3.

Meetings.

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.

Subd. 4.

Compensation.

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

Subd. 5.

Administrative support.

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

Subd. 6.

Report.

(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.

(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.

Subd. 7.

Expiration.

The working group expires on January 16, 2019, unless extended
by law.

EFFECTIVE DATE.

This section is effective the day following final enactment.