SF 754

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to education policy; providing for resident
participation in individual education plan development
and tuition billing; amending Minnesota Statutes 2004,
section 125A.05.

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

Section 1.

Minnesota Statutes 2004, section 125A.05, is
amended to read:

125A.05 METHOD OF SPECIAL INSTRUCTION.

(a) As defined in this section, to the extent required by
federal law as of July 1, 1999, special instruction and services
for children with a disability must be based on the assessment
and individual education plan. The instruction and services may
be provided by one or more of the following methods:

(1) in connection with attending regular elementary and
secondary school classes;

(2) establishment of special classes;

(3) at the home or bedside of the child;

(4) in other districts;

(5) instruction and services by special education
cooperative centers established under this section, or in
another member district of the cooperative center to which the
resident district of the child with a disability belongs;

(6) in a state residential school or a school department of
a state institution approved by the commissioner;

(7) in other states;

(8) by contracting with public, private or voluntary
agencies;

(9) for children under age five and their families,
programs and services established through collaborative efforts
with other agencies;

(10) for children under age five and their families,
programs in which children with a disability are served with
children without a disability; and

(11) any other method approved by the commissioner.

(b) Preference shall be given to providing special
instruction and services to children under age three and their
families in the residence of the child with the parent or
primary caregiver, or both, present.

(c) The primary responsibility for the education of a child
with a disability must remain with the district of the child's
residence regardless of which method of providing special
instruction and services is used. If a district other than a
child's district of residence provides special instruction and
services to the child, then the district providing the special
instruction and services must notify new text begin and invite new text end the child's
district of residence before the child's individual education
plan is developed and must provide the district of residence an
opportunity to participate in the plan's development. new text begin The
district providing the special instruction and services may not
bill special education tuition costs to the resident district
unless the resident district has participated or has declined to
participate in the development of the student's individual
education plan. new text end The district of residence must inform the
parents of the child about the methods of instruction that are
available.