HF 2962

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 03/11/2010 10:44am

A bill for an act
relating to education; providing for a trial placement at the Minnesota Academy
for the Deaf and the Minnesota Academy for the Blind; amending Minnesota
Statutes 2008, section 125A.69, subdivision 1.

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

Section 1.

Minnesota Statutes 2008, section 125A.69, subdivision 1, is amended to
read:

Subdivision 1.

deleted text begin Two kinds deleted text end new text begin Admissions new text end .

deleted text begin There are two kinds of deleted text end Admission to the
Minnesota State Academies new text begin is described in this section new text end .

(a) A pupil who is deaf, hard of hearing, or blind-deaf, may be admitted to the
Academy for the Deaf. A pupil who is blind or visually impaired, blind-deaf, or multiply
disabled may be admitted to the Academy for the Blind. For a pupil to be admitted, two
decisions must be made under sections 125A.03 to 125A.24 and 125A.65.

(1) It must be decided by the individual education planning team that education in
regular or special education classes in the pupil's district of residence cannot be achieved
satisfactorily because of the nature and severity of the deafness or blindness or visual
impairment respectively.

(2) It must be decided by the individual education planning team that the academy
provides the most appropriate placement within the least restrictive alternative for the
pupil.

(b) A deaf or hard of hearing child or a visually impaired pupil may be admitted to
get socialization skills or on a short-term basis for skills development.

new text begin (c) A parent of a child who resides in Minnesota and who meets the disability criteria
for being deaf or hard-of-hearing, blind or visually impaired, or multiply disabled may
apply to place the child in the Minnesota State Academies. Academy staff must review
the application to determine whether the Minnesota State Academies is an appropriate
placement for the child. If academy staff determine that the Minnesota State Academies
is an appropriate placement, the staff must contact the child's resident school district
and invite the individualized education program team to participate in an individualized
education program meeting convened by academy staff to arrange a trial placement of
between 60 and 90 calendar days at the Minnesota State Academies. If the child's parent
consents to the trial placement, during the period of the trial placement the Minnesota
State Academies is the responsible serving school district and incur all due process
obligations under law and the child's resident school district is responsible for any
transportation included in the child's individualized education program. Before the trial
placement concludes, academy staff must convene an individualized education program
team meeting to determine whether to continue the child's placement at the Minnesota
State Academies or that another placement is appropriate. If the individualized education
program team and the parent are unable to agree on the child's placement, the child's
placement reverts to the placement in the child's individualized education program that
immediately preceded the trial placement.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2010-2011 school year and
later.
new text end