SF 1175

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; extending the 
  1.3             jurisdiction of juvenile courts to include school 
  1.4             districts; creating a grant program to fund planning 
  1.5             for juvenile assessment centers; appropriating money; 
  1.6             amending Minnesota Statutes 1996, sections 260.111, by 
  1.7             adding a subdivision; 260.131, by adding a 
  1.8             subdivision; 260.141, by adding a subdivision; and 
  1.9             260.181, by adding subdivisions. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1996, section 260.111, is 
  1.12  amended by adding a subdivision to read: 
  1.13     Subd. 6.  [JURISDICTION OVER SCHOOL DISTRICT.] The school 
  1.14  district of a child who is subject to the jurisdiction of the 
  1.15  court is also subject to the jurisdiction of the court in any 
  1.16  matter in which the child has received special education 
  1.17  services or in which there is reason to believe that the child 
  1.18  has a disability within the meaning of the Individuals with 
  1.19  Disabilities Education Act, United States Code, title 20, 
  1.20  section 1400, and applicable state law.  The district has a 
  1.21  right to notice under section 260.141, subdivision 2a. 
  1.22     Sec. 2.  Minnesota Statutes 1996, section 260.131, is 
  1.23  amended by adding a subdivision to read: 
  1.24     Subd. 5.  [SCHOOL DISTRICT.] In any proceeding where the 
  1.25  petition or other information brought to the attention of the 
  1.26  court indicates that the child is either receiving special 
  1.27  education services or has a disability within the meaning of 
  2.1   United States Code, title 20, section 1400, and is before the 
  2.2   court on the basis of behavior that could reasonably be a 
  2.3   manifestation of the child's disability, or that occurred at the 
  2.4   child's school or in connection with a school activity, the 
  2.5   court may, at any point in the proceedings, direct the 
  2.6   prosecuting authority to serve a summons and notice on the 
  2.7   school district under section 260.141 and schedule a hearing on 
  2.8   the matter. 
  2.9      On a prima facie showing that the child is receiving 
  2.10  special education services or has a disability, the court may 
  2.11  order the school district to assess or reassess the child's need 
  2.12  for special education and related services consistent with the 
  2.13  requirements of the Individuals with Disabilities Education Act 
  2.14  and state law and regulations. 
  2.15     Sec. 3.  Minnesota Statutes 1996, section 260.141, is 
  2.16  amended by adding a subdivision to read: 
  2.17     Subd. 2b.  [NOTICE TO SCHOOL DISTRICT.] In a proceeding in 
  2.18  which the court has extended jurisdiction over a school district 
  2.19  under section 260.111, subdivision 6, the prosecuting authority 
  2.20  shall notify the district superintendent of the pending 
  2.21  proceedings. 
  2.22     Sec. 4.  Minnesota Statutes 1996, section 260.181, is 
  2.23  amended by adding a subdivision to read: 
  2.24     Subd. 1a.  [AUTHORITY TO STAY DISPOSITION.] If a child, 
  2.25  either before or after an adjudication, is found to have a 
  2.26  disability, the court in its discretion may stay disposition and 
  2.27  require the child's school district to fulfill its obligations 
  2.28  under the Individuals with Disabilities Education Act and 
  2.29  applicable state law.  The court's stay may be vacated on motion 
  2.30  of any interested party and a showing that the child failed to 
  2.31  attend an appropriate placement made pursuant to applicable law. 
  2.32     Sec. 5.  Minnesota Statutes 1996, section 260.181, is 
  2.33  amended by adding a subdivision to read: 
  2.34     Subd. 5.  [FINDINGS REGARDING EDUCATION NEEDS.] If a child 
  2.35  has received special education services or if there is evidence 
  2.36  that the child has a disability, the court shall make findings 
  3.1   on the record addressing the school district's compliance with 
  3.2   state and federal law in serving the child. 
  3.3      Sec. 6.  [GRANT PROGRAM TO PLAN JUVENILE ASSESSMENT 
  3.4   CENTERS.] 
  3.5      (a) The commissioner of children, families, and learning 
  3.6   shall administer a program through the office of drug policy and 
  3.7   violence prevention to award grants to judicial districts to 
  3.8   develop plans to create juvenile assessment centers. 
  3.9      (b) A juvenile assessment center may coordinate services 
  3.10  from substance abuse programs, mental health providers, law 
  3.11  enforcement agencies, schools, health service providers, higher 
  3.12  education institutions, and other entities involved with 
  3.13  children.  The centers may serve as a central intake facility 
  3.14  and provide screening for children entering the juvenile justice 
  3.15  system or involved in proceedings as a child in need of 
  3.16  protection or services.  The centers may provide services needed 
  3.17  to facilitate initial screening for children, including intake 
  3.18  and needs assessment, substance abuse screening, physical and 
  3.19  mental health screening, and diagnostic testing, as 
  3.20  appropriate.  In addition, centers may provide other services or 
  3.21  perform other functions considered appropriate by the judicial 
  3.22  district. 
  3.23     (c) A judicial district applying for a grant under this 
  3.24  section shall provide in its application any information 
  3.25  required by the commissioner.  By January 1, 1998, a district 
  3.26  awarded a grant shall report to the commissioner on the details 
  3.27  of its plan.  By February 15, 1998, the commissioner shall 
  3.28  report to the legislature on the plans developed by grant 
  3.29  recipients. 
  3.30     Sec. 7.  [APPROPRIATION.] 
  3.31     $....... is appropriated from the general fund to the 
  3.32  commissioner of children, families, and learning for fiscal year 
  3.33  1998 for the grant program in section 6. 
  3.34     Sec. 8.  [EFFECTIVE DATE.] 
  3.35     Sections 1 to 5 are effective August 1, 1997, for acts 
  3.36  committed on or after that date.