HF 4786

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/11/2024 02:15pm

A bill for an act
relating to education; special education; requiring districts to adopt policies and
processes to assist parents who require language assistance; requiring reasonable
accommodations for parents of children with disabilities; 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.081] MEANINGFUL PARTICIPATION FOR PARENTS WHO
REQUIRE LANGUAGE ASSISTANCE.
new text end

new text begin Subdivision 1. new text end

new text begin District policy. new text end

new text begin (a) A school district must adopt a policy to ensure that
a parent who requires language assistance and whose child has a disability can meaningfully
participate in the development of the child's education program.
new text end

new text begin (b) The policy must include the following:
new text end

new text begin (1) the process for a parent to request free translation and interpretation services through
the school district;
new text end

new text begin (2) a list of the documents related to an individualized education program that are
available in languages other than English;
new text end

new text begin (3) the district's process for ensuring that a parent who requires language assistance
understands the contents of a document relating to a child's individualized education program;
and
new text end

new text begin (4) the process for a parent to request that a document related to the individualized
education program be provided at least one day before a meeting related to the child's
individualized education program.
new text end

new text begin Subd. 2. new text end

new text begin District process. new text end

new text begin (a) A school district must develop a process for (1) identifying
a parent who requires language assistance; (2) notifying the parent, in a language the parent
understands, of the policy required under subdivision 1; and (3) providing the parent a
written or oral translation of the policy. If the parent requires language assistance and the
parent's native language is not a written language, the district must provide an oral translation
of the policy. The district must consider modifications to the process for developing an
individualized education program that enable a parent who requires language assistance
with speaking, reading, writing, or comprehension to meaningfully participate in the
development and revision of the child's individualized education program.
new text end

new text begin (b) A school district must notify teachers and other school staff who work with children
with disabilities of the process to request translators and interpreters.
new text end

new text begin (c) The district must post the policy in English and the three most common languages
in the district on the district's website and must notify parents of children with disabilities
of the policy annually.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 2.

new text begin [125A.082] ACCOMMODATIONS FOR PARENTS OF CHILDREN WITH
DISABILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Accommodations policy required. new text end

new text begin (a) A school district must adopt a
policy establishing a process to provide accommodations for a parent with a disability who
is a parent of a child with a disability that allows the parent to participate in developing a
child's individualized education program. A district must provide a parent with a disability
with a reasonable accommodation unless it would impose an undue hardship on the district.
new text end

new text begin (b) "Reasonable accommodation" has the meaning given in section 363A.08, subdivision
6, and in determining whether an accommodation would impose an undue hardship on the
school district, factors to be considered are the factors listed in section 363A.08, subdivision
6. An accommodation is reasonable if it allows a parent with a disability to participate
meaningfully in meetings, data collection, or a paperwork process related to an individualized
education program and does not impose an undue hardship on the school district.
new text end

new text begin (c) "Disability," as used in this section, has the meaning given in section 363A.03,
subdivision 12. The determination of whether a parent has a disability does not require that
a parent disclose private health information to the school district. A school district may not
request or require that a parent authorize the release of health care records or medical
information.
new text end

new text begin (d) A school district must require that all teachers and staff providing special instruction
and services to students with disabilities review the accommodations policy each school
year.
new text end

new text begin Subd. 2. new text end

new text begin Process. new text end

new text begin (a) A district must inform the parent of a student with a disability of
the accommodation process before referring the student for a special education evaluation
and annually thereafter at the beginning of each school year that has an individualized
education program. The district must ensure that notice of the accommodation process is
easily understandable and readable and must offer a parent the option to receive the notice
orally or in the parent's native language, where appropriate.
new text end

new text begin (b) A parent's request for an accommodation must be treated as private data according
to section 13.32, and may not be disclosed as directory information or be included in a
student's individualized education program or other student records. Accommodations
granted must be noted in the student's individualized education program but the individualized
education program or other student records must not include information about the parent's
disability and must not state that the accommodation is for a parent's disability.
new text end

new text begin (c) The process to request an accommodation must allow a parent with a disability to
request an accommodation verbally or in writing, and to submit the request to any member
of an individualized education program team holding a license issued under chapter 122A
that is employed by the district, or if the student has not been referred for special education
evaluation, to the student's teacher or principal.
new text end

new text begin (d) A school district must respond to a request for an accommodation within five school
days. A deadline related to the development or modification of an individualized education
program that is not established by federal law is stayed pending the resolution of a parent's
request for an accommodation. During the stay, a district must continue to provide a student
with educational services under a temporary or existing individualized education program.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end