HF 965

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/08/2021 04:26pm

A bill for an act
relating to education; requiring special education recovery services and support
plans for students with disabilities; appropriating money.

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

Section 1. new text begin SPECIAL EDUCATION RECOVERY SERVICES AND SUPPORT
PLANS.
new text end

new text begin Subdivision 1. new text end

new text begin Special education recovery services and support plans. new text end

new text begin The
commissioner of education, school districts, and charter schools must collaborate with
families of students with disabilities as provided in this section to address the impact of
disruptions to on-site instruction due to COVID-19 on students' progress toward goals
outlined in students' individualized education programs. Services provided under this section
are in addition to the special education and related services necessary to provide students
a free and appropriate public education as documented in students' individualized education
programs and may be provided through June 30, 2023.
new text end

new text begin Subd. 2. new text end

new text begin District plan. new text end

new text begin (a) A school district or charter school that serves one or more
students with disabilities must develop a plan to address progress or skills lost due to
disruptions to on-site instruction. The district or school plan must be implemented as soon
as practicable and may continue in effect until June 30, 2023. The district or school plan
must include:
new text end

new text begin (1) opportunities for each individualized education program team to meet in accordance
with subdivision 3 and develop a written individualized recovery plan that describes
additional services and supports the student needs to address learning and skill loss caused
by disruptions related to COVID-19. The team must address academic, behavioral, adaptive,
communication, and other goal areas in individualized education programs. The services
and supports may be provided by the district, school, or other providers as determined by
the individualized education program team;
new text end

new text begin (2) a list of data that each individualized education program team may review to develop
an individualized recovery plan for a student. Data may include information related to
distance instruction, student progress toward individualized education program goals,
including a comparison of progress before and during the disruption related to COVID-19,
related service information, parent surveys and other information from parents or guardians,
screenings, student observations, and other relevant data;
new text end

new text begin (3) a plan to provide notice to parents of students with disabilities of the opportunity for
a student to receive recovery services and supports, and the opportunity for parents to
participate in developing an individualized recovery plan;
new text end

new text begin (4) options for parents to choose services and supports delivered outside of the regular
school day or year; and
new text end

new text begin (5) a process to contract with private parties selected by parents from a list of approved
parties issued by a district or school, the commissioner of education, or another appropriate
party agreed upon by the individualized education program team.
new text end

new text begin (b) A district or charter school must report to the commissioner, in the form and manner
determined by the commissioner, the services and supports provided to students with
disabilities under this section, including the cost of providing the services and supports.
new text end

new text begin Subd. 3. new text end

new text begin Individualized education recovery plan. new text end

new text begin (a) A school district or charter school
must invite the parent of a student with a disability to an individualized education program
team meeting to develop a written individualized recovery plan to address potential loss of
progress toward individualized education program goals during disruptions to on-site
instruction due to COVID-19. At the meeting, the individualized education program team
must determine:
new text end

new text begin (1) whether the student is eligible for recovery services and supports based on the effect
of disruptions related to COVID-19 on the student's progress, learning loss, or skill loss;
new text end

new text begin (2) the services and supports appropriate to address the student's lack of progress or
learning loss or skill loss; and
new text end

new text begin (3) how services and supports will be provided, whether by the district, charter school,
or other providers that the family may seek at district cost.
new text end

new text begin (b) Individualized education program team meetings to develop individualized recovery
plans may occur during annual or other individualized education program meetings but
must in all cases be offered to parents before September 1, 2021. A parent may request an
individualized education program team meeting to discuss a student's individualized recovery
plan at any time through June 30, 2023.
new text end

new text begin (c) When considering whether a student is eligible for recovery services and supports,
and which supplemental services and supports would be appropriate for the student, the
individualized education program team must consider:
new text end

new text begin (1) services and supports provided to the student before the disruptions to on-site
instruction due to COVID-19;
new text end

new text begin (2) the ability of the student to access services and supports;
new text end

new text begin (3) the student's progress toward individualized education program goals, including the
goals in the individualized education program in effect before disruptions to on-site
instruction related to COVID-19, and progress in the general education curriculum during
the disruptions;
new text end

new text begin (4) the student's regression or lost skills during the disruptions to on-site instruction;
new text end

new text begin (5) other significant impacts on the student's ability to participate in and benefit from
instruction as a result of COVID-19, including family loss, changed family circumstances,
and illness; and
new text end

new text begin (6) the types of services and supports that would benefit the student and improve the
student's ability to benefit from school, including academic supports, behavioral supports,
mental health supports, related services, and other services and supports.
new text end

new text begin (d) When considering how services and supports will be provided, the individualized
education program team must consider the student's response to services and supports, the
availability of staff to provide services and supports, and the availability of other providers
to provide services and supports. The district or school plan may require a team to consider
a list of providers approved by the district, school, or the commissioner of education but
may not prohibit the team from determining that a provider not on the list may provide
appropriate services to the student.
new text end

new text begin Subd. 4. new text end

new text begin Commissioner duties. new text end

new text begin (a) The commissioner of education must issue guidance
to school districts and charter schools on services and supports that may be provided to
students with disabilities under this section. The guidance must include:
new text end

new text begin (1) services that a supplemental plan may include, including small group or individual
tutoring, additional time at an out-of-district placement, additional related services such as
speech therapy or occupational therapy, mental health supports, additional opportunities
for peer interaction, career or transition planning supports, and increased individualized
supports; and
new text end

new text begin (2) guidelines for district and charter school staff to provide services and support at the
student's home.
new text end

new text begin (b) The commissioner must establish relevant qualifications for providers of various
types of services and supports, and must develop guidance for districts and charter schools
on identifying qualified providers. The commissioner may issue a list of approved providers
in accordance with a special education recovery services and support plan.
new text end

new text begin (c) The commissioner must use the district and charter school reports under subdivision
2 to reimburse districts for recovery supports and services provided by private parties.
new text end

new text begin Subd. 5. new text end

new text begin Appropriations. new text end

new text begin $....... in fiscal year 2021 is appropriated from the general
fund to the commissioner of education to reimburse school districts and charter schools for
services and supports provided to students with disabilities by private parties under this
section. Funds appropriated under this subdivision are available until June 30, 2022.
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