Minnesota Legislature
HF 552
as introduced - 87th Legislature (2011 - 2012) Posted on 02/17/2011 10:01am
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A bill for an act
relating to education; clarifying the definition of a child with a disability;
clarifying other circumstances related to children with disabilities; amending
Minnesota Statutes 2010, sections 125A.02, subdivision 1; 125A.03; 125A.091,
subdivision 7; proposing coding for new law in Minnesota Statutes, chapter
125A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 125A.02, subdivision 1, is amended to
read:
Subdivision 1.
Child with a disability.
"Child with a disability" means a child
identified under federal and state special education law as deleted text begin having a hearing impairment,
blindness, visual disability,deleted text end new text begin deaf or hard-of-hearing, blind or visually impaired, deafblind,
or having anew text end speech or language impairment, new text begin a new text end physical deleted text begin disabilitydeleted text end new text begin impairmentnew text end , other health
deleted text begin impairmentdeleted text end new text begin disabilitynew text end , deleted text begin mentaldeleted text end new text begin developmental cognitivenew text end disability, deleted text begin emotional/behavioraldeleted text end new text begin an
emotional or behavioralnew text end disorder, specific learning disability, autismnew text begin spectrum disordernew text end ,
traumatic brain injury, new text begin or severe new text end multiple deleted text begin disabilitiesdeleted text end new text begin impairmentsnew text end , deleted text begin or deafblind disabilitydeleted text end new text begin
andnew text end who needs special education and related services, as determined by the rules of the
commissionerdeleted text begin , is a child with a disabilitydeleted text end . A licensed physician, an advanced practice
nurse, or a licensed psychologist is qualified to make a diagnosis and determination
of attention deficit disorder or attention deficit hyperactivity disorder for purposes of
identifying a child with a disability.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2011.
new text end
Sec. 2.
Minnesota Statutes 2010, section 125A.03, is amended to read:
125A.03 SPECIAL INSTRUCTION FOR CHILDREN WITH A DISABILITY.
(a) deleted text begin As defineddeleted text end new text begin Except as providednew text end in paragraph (b), every district must provide new text begin or
make available new text end special deleted text begin instructiondeleted text end new text begin educationnew text end and new text begin related new text end services, either within the district
or in another district, for deleted text begin all childrendeleted text end new text begin every childnew text end with a disabilitydeleted text begin , including providing
required services under Code of Federal Regulations, title 34, section 300.121, paragraph
(d), to those children suspended or expelled from school for more than ten school days
in that school year,deleted text end who deleted text begin are residentsdeleted text end new text begin is a residentnew text end of the district deleted text begin and who are disabled as
set forth in section 125A.02deleted text end new text begin from birth until that child becomes 21 years old or receives
a regular high school diploma, whichever comes firstnew text end . deleted text begin For purposes of state and federal
special education laws,deleted text end The phrase "special deleted text begin instructiondeleted text end new text begin educationnew text end and new text begin related new text end services"
deleted text begin in the state Education Codedeleted text end means a free deleted text begin anddeleted text end appropriate public education provided to an
eligible child with deleted text begin disabilities and includes special education and related services defined
in the Individuals with Disabilities Education Act, subpart A, section 300.24deleted text end new text begin a disabilitynew text end .
(b) deleted text begin Notwithstanding any age limits in laws to the contrary, special instruction and
services must be provided from birth until July 1 after the child with a disability becomes
21 years old but shall not extend beyond secondary school or its equivalent, except as
provided in section 124D.68, subdivision 2.deleted text end new text begin If a child with a disability becomes 21 years
old during the school year, the district shall continue to make available special education
and related services until the last day of the school year, or until the day the child receives
a regular high school diploma, whichever comes first.
new text end
new text begin
(c) For purposes of this section and section 121A.41, subdivision 7, paragraph (a),
clause (2), "school year" means the days of student instruction designated by the school
board as the regular school year in the annual calendar adopted under section 120A.41.
new text end
new text begin (d) A district shall identify, locate, and evaluate children with a disability in the
district who are in need of special education and related services.new text end Local health, education,
and social service agencies must refer children under age five who are known to need or
suspected of needing special deleted text begin instructiondeleted text end new text begin educationnew text end and new text begin related new text end services to the school
district. deleted text begin Districts with less than the minimum number of eligible children with a disability
as determined by the commissioner must cooperate with other districts to maintain a full
range of programs for education and services for children with a disability. This section
does not alter the compulsory attendance requirements of section 120A.22.deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2011.
new text end
Sec. 3.
new text begin
[125A.031] RESOLVING DISPUTES AMONG DISTRICTS.
new text end
new text begin
If districts dispute which district is responsible for providing or making available
special education and related services to a child with a disability who is not currently
enrolled in a district because the child's district of residence is disputed, the district in
which that child first tries to enroll shall provide or make available special education
and related services to the child until the commissioner is notified and expeditiously
resolves the dispute. For purposes of this section, "district" means a school district or a
charter school.
new text end
Sec. 4.
Minnesota Statutes 2010, section 125A.091, subdivision 7, is amended to read:
Subd. 7.
Conciliation conference.
A parent must have an opportunity to meet with
appropriate district staff in at least one conciliation conference if the parent objects to
any proposal of which the parent receives notice under subdivision 3a. A district must
new text begin offer to new text end hold a conciliation conference within new text begin two business days after receiving a parent's
objection to a proposal or refusal in the prior written notice. The district must hold the
conciliation conference within new text end ten calendar days from the date the district receives deleted text begin adeleted text end new text begin thenew text end
parent's objection deleted text begin to a proposal or refusal in the prior written noticedeleted text end . Except as provided
in this section, all discussions held during a conciliation conference are confidential
and are not admissible in a due process hearing. Within five school days after the final
conciliation conference, the district must prepare and provide to the parent a conciliation
conference memorandum that describes the district's final proposed offer of service. This
memorandum is admissible in evidence in any subsequent proceeding.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment
and applies to all conciliation conferences required after that date.
new text end