HF 3871

as introduced - 89th Legislature (2015 - 2016) Posted on 04/14/2016 04:54pm

A bill for an act
relating to education; pursuing strategies to prevent over-enrolling minority
students and English learners in special education, dismissing more minority
students than other students with disabilities, or placing more minority students
than other students in settings other than general education classrooms;
emphasizing cultural competency; establishing a working group to examine
the over-representation of minority students and English learners identified
as needing special education or subject to dismissal from school; amending
Minnesota Statutes 2014, sections 120B.12, subdivision 1; 121A.55; 122A.06,
subdivision 4; 125A.56; Minnesota Statutes 2015 Supplement, section 125A.08.

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

Section 1.

Minnesota Statutes 2014, section 120B.12, subdivision 1, is amended to read:

Subdivision 1.

Literacy goal.

The legislature seeks to have every child reading at or
above grade level no later than the end of grade 3, including English learners, and that
new text begin culturally competent new text end teachers new text begin , consistent with section 120B.30, subdivision 1, paragraph
(q), new text end provide comprehensive, scientifically based reading instruction consistent with
section 122A.06, subdivision 4.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2016-2017 school year and
later.
new text end

Sec. 2.

Minnesota Statutes 2014, section 121A.55, is amended to read:

121A.55 POLICIES TO BE ESTABLISHED.

(a) The commissioner of education shall promulgate guidelines to assist each school
board. Each school board shall establish uniform criteria for dismissal and adopt written new text begin ,
culturally competent new text end policies and rules new text begin , consistent with section 120B.30, subdivision 1,
paragraph (q), new text end to effectuate the purposes of sections 121A.40 to 121A.56. The policies shall
emphasize preventing dismissals through early detection of problems and shall be designed
to address students' inappropriate behavior from recurring. The policies shall recognize the
continuing responsibility of the school for the education of the pupil during the dismissal
period. The alternative educational services, if the pupil wishes to take advantage of them,
must be adequate to allow the pupil to make progress towards meeting the graduation
standards adopted under section 120B.02 and help prepare the pupil for readmission.

(b) An area learning center under section 123A.05 may not prohibit an expelled or
excluded pupil from enrolling solely because a district expelled or excluded the pupil. The
board of the area learning center may use the provisions of the Pupil Fair Dismissal Act to
exclude a pupil or to require an admission plan.

(c) Each school district shall develop a policy and report it to the commissioner on
the appropriate use of peace officers and crisis teams to remove students who have an
individualized education program from school grounds.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2016-2017 school year and
later.
new text end

Sec. 3.

Minnesota Statutes 2014, section 122A.06, subdivision 4, is amended to read:

Subd. 4.

Comprehensive, scientifically based reading instruction.

(a)
"Comprehensive, scientifically based reading instruction" includes a program or collection
of instructional practices that is based on valid, replicable evidence showing that when
these programs or practices are used, students can be expected to achieve, at a minimum,
satisfactory reading progress. The program or collection of practices must include, at
a minimum, effective, balanced new text begin , and culturally competent new text end instruction in all five areas
of reading new text begin , consistent with section 120B.30, subdivision 1, paragraph (q) new text end : phonemic
awareness, phonics, fluency, vocabulary development, and reading comprehension.

Comprehensive, scientifically based reading instruction also includes and integrates
instructional strategies for continuously assessing, evaluating, and communicating
the student's reading progress and needs in order to design and implement ongoing
interventions so that students of all ages and proficiency levels can read and comprehend
text, write, and apply higher level thinking skills. For English learners developing literacy
skills, districts are encouraged to use strategies that teach reading and writing in the
students' native language and English at the same time.

(b) "Fluency" is the ability of students to read text with speed, accuracy, and proper
expression.

(c) "Phonemic awareness" is the ability of students to notice, think about, and
manipulate individual sounds in spoken syllables and words.

(d) "Phonics" is the understanding that there are systematic and predictable
relationships between written letters and spoken words. Phonics instruction is a way
of teaching reading that stresses learning how letters correspond to sounds and how to
apply this knowledge in reading and spelling.

(e) "Reading comprehension" is an active process that requires intentional thinking
during which meaning is constructed through interactions between text and reader.
Comprehension skills are taught explicitly by demonstrating, explaining, modeling, and
implementing specific cognitive strategies to help beginning readers derive meaning
through intentional, problem-solving thinking processes.

(f) "Vocabulary development" is the process of teaching vocabulary both directly
and indirectly, with repetition and multiple exposures to vocabulary items. Learning in
rich contexts, incidental learning, and use of computer technology enhance the acquiring
of vocabulary.

(g) Nothing in this subdivision limits the authority of a school district to select a
school's reading program or curriculum.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2016-2017 school year and
later.
new text end

Sec. 4.

Minnesota Statutes 2015 Supplement, section 125A.08, is amended to read:

125A.08 INDIVIDUALIZED EDUCATION PROGRAMS.

(a) At the beginning of each school year, each school district shall have in effect, for
each child with a disability, an individualized education program.

(b) As defined in this section, every district must ensure the following:

(1) all students with disabilities are provided the special instruction and services
which are appropriate to their needs. Where the new text begin culturally competent new text end individualized
education program team new text begin , consistent with section 120B.30, subdivision 1, paragraph (q), new text end
has determined appropriate goals and objectives based on the student's needs, including
the extent to which the student can be included in the least restrictive environment,
and where there are essentially equivalent and effective instruction, related services, or
assistive technology devices available to meet the student's needs, cost to the district may
be among the factors considered by the team in choosing how to provide the appropriate
services, instruction, or devices that are to be made part of the student's individualized
education program. The individualized education program team shall consider and
may authorize services covered by medical assistance according to section 256B.0625,
subdivision 26. The student's needs and the special education instruction and services to
be provided must be agreed upon through the development of an individualized education
program. The program must address the student's need to develop skills to live and work
as independently as possible within the community. The individualized education program
team must consider positive behavioral interventions, strategies, and supports that address
behavior needs for children. During grade 9, the program must address the student's
needs for transition from secondary services to postsecondary education and training,
employment, community participation, recreation, and leisure and home living. In
developing the program, districts must inform parents of the full range of transitional goals
and related services that should be considered. The program must include a statement of
the needed transition services, including a statement of the interagency responsibilities or
linkages or both before secondary services are concluded;

(2) children with a disability under age five and their families are provided special
instruction and services appropriate to the child's level of functioning and needs;

(3) children with a disability and their parents or guardians are guaranteed procedural
safeguards and the right to participate in decisions involving identification, assessment
including assistive technology assessment, and educational placement of children with a
disability;

(4) eligibility and needs of children with a disability are determined by an initial
evaluation or reevaluation, which may be completed using existing data under United
States Code, title 20, section 33, et seq.;

(5) to the maximum extent appropriate, children with a disability, including those
in public or private institutions or other care facilities, are educated with children who
are not disabled, and that special classes, separate schooling, or other removal of children
with a disability from the regular educational environment occurs only when and to the
extent that the nature or severity of the disability is such that education in regular classes
with the use of supplementary services cannot be achieved satisfactorily;

(6) in accordance with recognized professional standards, testing and evaluation
materials, and procedures used for the purposes of classification and placement of children
with a disability are selected and administered so as not to be racially or culturally
discriminatory; and

(7) the rights of the child are protected when the parents or guardians are not known
or not available, or the child is a ward of the state.

(c) For all paraprofessionals employed to work in programs whose role in part is
to provide direct support to students with disabilities, the school board in each district
shall ensure that:

(1) before or beginning at the time of employment, each paraprofessional must
develop sufficient knowledge and skills in emergency procedures, building orientation,
roles and responsibilities, confidentiality, vulnerability, and reportability, among other
things, to begin meeting the needs, especially disability-specific and behavioral needs, of
the students with whom the paraprofessional works;

(2) annual training opportunities are required to enable the paraprofessional to
continue to further develop the knowledge deleted text begin and deleted text end new text begin , new text end skills new text begin , and cultural competency, consistent
with section 120B.30, subdivision 1, paragraph (q), new text end that are specific to the students with
whom the paraprofessional works, including understanding disabilities, the unique and
individual needs of each student according to the student's disability and how the disability
affects the student's education and behavior, following lesson plans, and implementing
follow-up instructional procedures and activities; and

(3) a districtwide process obligates each paraprofessional to work under the ongoing
direction of a licensed teacher and, where appropriate and possible, the supervision of a
school nurse.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2016-2017 school year and
later.
new text end

Sec. 5.

Minnesota Statutes 2014, section 125A.56, is amended to read:

125A.56 ALTERNATE INSTRUCTION REQUIRED BEFORE ASSESSMENT
REFERRAL.

Subdivision 1.

Requirement.

(a) Before a pupil is referred for a special education
evaluation, deleted text begin the deleted text end new text begin culturally competent new text end district new text begin employees, consistent with section 120B.30,
subdivision 1, paragraph (q), new text end must conduct and document at least two instructional
strategies, alternatives, or interventions using a system of scientific, research-based
instruction and intervention in academics or behavior, based on the pupil's needs, while
the pupil is in the regular classroom. The pupil's teacher must document the results. A
special education evaluation team may waive this requirement when it determines the
pupil's need for the evaluation is urgent. This section may not be used to deny a pupil's
right to a special education evaluation.

(b) A school district shall use alternative intervention services, including the
assurance of mastery program under section 124D.66, or an early intervening services
program under subdivision 2 to serve at-risk pupils who demonstrate a need for alternative
instructional strategies or interventions.

Subd. 2.

Early intervening services program.

(a) A district may meet the
requirement under subdivision 1 by establishing an early intervening services program
that includes:

(1) a system of valid and reliable general outcome measures aligned to state academic
standards that is administered at least three times per year to pupils in kindergarten
through grade 8 who need additional academic or behavioral support to succeed in the
general education environment. The school must provide interim assessments that
measure pupils' performance three times per year and implement progress monitoring
appropriate to the pupil. For purposes of this section, "progress monitoring" means the
frequent and continuous measurement of a pupil's performance that includes these three
interim assessments and other pupil assessments during the school year. A school, at its
discretion, may allow pupils in grades 9 through 12 to participate in interim assessments;

(2) a system of scientific, research-based instruction and intervention; and

(3) an organizational plan that allows teachers, paraprofessionals, and volunteers
funded through various sources to work as a grade-level team or use another configuration
across grades and settings to deliver instruction. The team must be trained in scientific,
research-based instruction and intervention. Teachers and paraprofessionals at a site
operating under this paragraph must work collaboratively with those pupils who need
additional academic or behavioral support to succeed in a general education environment.

(b) As an intervention under paragraph (a), clause (2), staff generating special
education aid under section 125A.76 may provide small group instruction to pupils who
need additional academic or behavioral support to succeed in the general education
environment. Small group instruction that includes pupils with a disability may be
provided in the general education environment if the needs of the pupils with a disability
are met, consistent with their individualized education programs, and all pupils in the
group receive the same level of instruction and make the same progress in the instruction
or intervention. new text begin Culturally competent new text end teachers and paraprofessionals new text begin , consistent with
section 120B.30, subdivision 1, paragraph (q), new text end must ensure that the needs of pupils with a
disability participating in small group instruction under this paragraph remain the focus
of the instruction. Expenditures attributable to the time special education staff spends
providing instruction to nondisabled pupils in this circumstance is eligible for special
education aid under section 125A.76 as an incidental benefit if:

(1) the group consists primarily of disabled pupils;

(2) no special education staff are added to meet nondisabled pupils' needs; and

(3) the primary purpose of the instruction is to implement the individualized
education programs of pupils with a disability in this group.

Expenditures attributable to the time special education staff spends providing small
group instruction to nondisabled pupils that affords more than an incidental benefit to such
pupils is not eligible for special education aid under section 125A.76, except that such
expenditures may be included in the alternative delivery initial aid adjustment under section
125A.78 if the district has an approved program under section 125A.50. During each
60-day period that a nondisabled pupil participates in small group instruction under this
paragraph, the pupil's progress monitoring data must be examined to determine whether the
pupil is making progress and, if the pupil is not making progress, the pupil's intervention
strategies must be changed or the pupil must be referred for a special education evaluation.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2016-2017 school year and
later.
new text end

Sec. 6. new text begin WORKING GROUP ON DISPARITIES IN IDENTIFYING STUDENTS
FOR SPECIAL EDUCATION AND IN DISCIPLINING AND DISMISSING
STUDENTS.
new text end

new text begin (a) A working group is established to examine whether school districts are
disproportionately and inappropriately identifying minority students or English learners
for special education programs and services, dismissing more minority students than
other students with disabilities, or placing more minority students than other students
in settings other than general education classrooms. The working group must submit
a written report to the chairs and ranking minority members of the committees of the
legislature with jurisdiction over prekindergarten through grade 12 education by February
1, 2017, recommending how to define and measure the over-representation of minority
students or English learners in special education or subject to school discipline and, by
the 2020-2021 school year, how to eliminate racial, ethnic, and English language-based
disparities affecting how districts provide early intervening services, identify students for
special education, place students in particular education settings, or dismiss or otherwise
discipline students.
new text end

new text begin (b) Consistent with paragraph (a), the working group must analyze:
new text end

new text begin (1) how districts and educators determine whether a student's struggles in school are
attributable to a disability or other factors such as poverty, limited English proficiency,
or a school climate without high-quality instruction or culturally competent staff, among
other factors;
new text end

new text begin (2) how the state and individual districts determine the extent to which minority
students and English learners are disproportionately found eligible for special education,
dismissed from school or otherwise disciplined, or placed in settings other than general
education classrooms;
new text end

new text begin (3) how best to provide coordinated early intervening services for children beginning
at age three, with and without disabilities, that include additional academic or behavioral
supports to help the children succeed in school;
new text end

new text begin (4) the data collection and reporting needed to provide greater transparency in
identifying, understanding, and improving the outcomes of affected students; and
new text end

new text begin (5) other related matters of concern to the working group.
new text end

new text begin (c) By June 1, 2016, each of the following organizations shall appoint one
representative of that organization to serve as a member of the working group: the
Center for Early Education and Development; the Minnesota Head Start Association;
the Minnesota School Boards Association; the Minnesota Association of School
Administrators; Education Minnesota; the Minnesota Disability Law Center; the National
Alliance of Mental Illness Minnesota; the Parent Advocacy Coalition for Educational
Rights (PACER) Center; the Minnesota Association of Secondary School Principals; the
Minnesota Elementary School Principals' Association; the Association of Metropolitan
School Districts; the Minnesota Rural Education Association; the Minnesota School
Counselors Association; the National Association for the Advancement of Colored People;
Neighborhoods Organizing for Change; the Minneapolis Urban League; the Minnesota
State Councils representing Minnesota's communities of color; the Minnesota School
Psychologists Association; the School Nurse Organization of Minnesota; the Solutions
Not Suspensions Coalition; the Minnesota Education Equity Partnership; MinnCAN;
Students for Education Reform; the Minnesota Youth Council; Educators 4 Excellence;
the African American Leadership Forum; American Indian Opportunities Industrialization
Center; the Minnesota Indian Affairs Council; and the Minnesota School Social Workers
Association. Working group members must seek advice from experts and stakeholders in
developing their recommendations.
new text end

new text begin (d) The commissioner of education, or the commissioner's designee, must convene
the first meeting of the working group. The working group must select a chair or cochairs
from among its members at the first meeting. The working group must meet periodically.
The commissioner must provide technical and administrative assistance to the working
group upon request. 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 (e) Based upon the recommendations of the working group, the commissioner of
education must submit to the legislature by February 1, 2017, for review, a set of standards
that districts and schools must meet to ensure minority students and English learners are
not disproportionately found eligible for special education services, dismissed from school
or otherwise disciplined, or placed in settings other than general classrooms.
new text end

new text begin (f) The working group expires February 2, 2017.
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