HF 3150

as introduced - 88th Legislature (2013 - 2014) Posted on 03/17/2014 02:20pm

A bill for an act
relating to education; modifying special education caseload provisions;
proposing coding for new law in Minnesota Statutes, chapter 125A.

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

Section 1.

new text begin [125A.085] MAXIMUM CASELOADS FOR SPECIAL EDUCATION
TEACHERS AND RELATED SERVICE PROVIDERS.
new text end

new text begin (a) For the purposes of this section, "caseload" means the number of pupils with
disabilities that a school district may assign to a special education teacher or related
service provider to serve as an IEP case manager.
new text end

new text begin (b) Maximum caseloads for students who receive special education instruction from
a teacher 50 percent or more of the instructional day shall be set by Minnesota Rules,
part 3525.2340, subpart 4, item A. Maximum caseloads for early childhood program
alternatives shall be set by Minnesota Rules, part 3525.2340, subpart 5.
new text end

new text begin (c) In addition to the limits established in paragraph (b), and regardless of the
percentage of the instructional day a special education provider's students receive special
education instruction, no special education teacher or related service provider shall have a
caseload that exceeds the following limits:
new text end

new text begin (1) for kindergarten through grade 6, 16 pupils; and
new text end

new text begin (2) for grades 7 through 12, 21 pupils.
new text end

new text begin (d) The commissioner shall investigate reports of violations of paragraphs (b) and
(c) and assess a noncomplying school district a penalty of $1,000 per violation.
new text end

new text begin (e) Upon good cause shown, the commissioner may grant a variance to a district that
cannot comply with the requirements of this section. The commissioner shall have the
authority to promulgate criteria for determining whether a school district has demonstrated
good cause for receiving a variance for a particular teacher or program. No variance may
exceed 90 days unless approved by the commissioner. The commissioner shall report
annually the number of variances granted, the school districts to which variances have
been granted, and the reasons for each variance.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2014-2015 school year and
later.
new text end