HF 936

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; establishing a three-year pilot 
  1.3             project to determine the impact of waiving specific 
  1.4             special education requirements that exceed federal law.
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [IMPACT OF WAIVING SPECIFIC SPECIAL EDUCATION 
  1.7   REQUIREMENTS THAT EXCEED FEDERAL LAW; THREE-YEAR PILOT PROJECT.] 
  1.8      Subdivision 1.  [ESTABLISHMENT; GOAL.] A three-year pilot 
  1.9   project is established to permit independent school district No. 
  1.10  535, Rochester, and up to three other geographically diverse 
  1.11  school districts or cooperative units under Minnesota Statutes, 
  1.12  section 125A.11, subdivision 3, selected by the commissioner of 
  1.13  children, families, and learning to determine the impact, if 
  1.14  any, of waiving specific special education requirements listed 
  1.15  in subdivision 3 on the quality and cost effectiveness of the 
  1.16  instructional services and educational outcomes provided to 
  1.17  eligible students by the project participant. 
  1.18     Subd. 2.  [ELIGIBILITY; APPLICATIONS.] The commissioner 
  1.19  must transmit information about the pilot project and make 
  1.20  application forms available to interested school districts or 
  1.21  cooperative units.  Applications must be submitted to the 
  1.22  commissioner by July 1, 2003.  An applicant must identify the 
  1.23  specific special education requirements listed in subdivision 3 
  1.24  for which the applicant seeks a waiver and indicate how the 
  1.25  applicant proposes to modify the activities and procedures 
  2.1   affected by the waiver.  The commissioner must approve the 
  2.2   applications by August 1, 2003. 
  2.3      Subd. 3.  [WAIVERS.] The following state special education 
  2.4   requirements are waived for the 2003-2004, 2004-2005, and 
  2.5   2005-2006 school years for independent school district No. 535, 
  2.6   Rochester, and the other school districts or cooperative units 
  2.7   participating in this pilot project: 
  2.8      (1) Minnesota Statutes, section 125A.56, governing 
  2.9   prereferral interventions; 
  2.10     (2) Minnesota Statutes, section 125A.08, paragraph (a), 
  2.11  clause (1), governing transitional services for students when 
  2.12  reaching age 14 or 9th grade who transition from secondary 
  2.13  services to postsecondary education and training, employment, 
  2.14  community participation, recreation and leisure, and home 
  2.15  living; 
  2.16     (3) Minnesota Statutes, section 125A.22, governing 
  2.17  community transition interagency committees; and 
  2.18     (4) Minnesota Statutes, section 125A.023, governing 
  2.19  coordinated interagency services but only affecting eligible 
  2.20  children with disabilities age seven or older. 
  2.21     Subd. 4.  [STUDENTS' RIGHTS.] Eligible students enrolled in 
  2.22  a district or receiving special instruction and services through 
  2.23  a cooperative unit that is participating in this pilot project 
  2.24  remain entitled to the procedural protections provided under 
  2.25  federal law in any matter that affects the students' 
  2.26  identification, evaluation, and placement or change in 
  2.27  placement, or protections provided under state law in dismissal 
  2.28  proceedings that may result in students' suspension, exclusion, 
  2.29  or expulsion.  Project participants must ensure that students' 
  2.30  civil rights are protected, provide equal educational 
  2.31  opportunities, and prohibit discrimination.  Failure to comply 
  2.32  with this subdivision will at least cause a district or 
  2.33  cooperative unit to become ineligible to participate in the 
  2.34  pilot project. 
  2.35     Subd. 5.  [TECHNICAL ASSISTANCE.] The commissioner must 
  2.36  provide project participants, upon request, assistance in 
  3.1   developing and implementing a valid and uniform procedure under 
  3.2   subdivision 6 to evaluate the participants' experience. 
  3.3      Subd. 6.  [EVALUATION; REPORT.] All participating school 
  3.4   districts and cooperative units must evaluate the impact, if 
  3.5   any, of waiving specific special education requirements listed 
  3.6   in subdivision 3 on the quality and cost-effectiveness of the 
  3.7   instructional services and educational outcomes provided to 
  3.8   eligible students by the project participant.  Project 
  3.9   participants must focus the evaluation on the overall efficacy 
  3.10  of modifying the activities and procedures affected by the 
  3.11  waiver.  The evaluation must include a mechanism for documenting 
  3.12  parents' response to the pilot project.  Project participants 
  3.13  must submit to the commissioner a progress report by September 
  3.14  1, 2004, and a final report by November 1, 2005.  The 
  3.15  commissioner must compile and present the results of the reports 
  3.16  to the legislature by February 1, 2006, and recommend 
  3.17  appropriate amendments to the statutory requirements listed in 
  3.18  subdivision 3. 
  3.19     [EFFECTIVE DATE.] This section is effective the day 
  3.20  following final enactment.