SF 1190

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to education; establishing early intervention AYP grants; increasing the
formula allowance; appropriating money; amending Minnesota Statutes 2006,
sections 125A.56; 126C.10, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2006, section 125A.56, is amended to read:

125A.56 deleted text begin ALTERNATE INSTRUCTION REQUIRED BEFORE ASSESSMENT
REFERRAL; WAIVER deleted text end new text begin EARLY INTERVENING TO MAKE ADEQUATE
YEARLY PROGRESS REQUIRED new text end .

(a) Before a pupil is referred for a special education deleted text begin assessment deleted text end new text begin evaluation new text end , the
district must conduct and document at least two instructional strategies, alternatives, or
interventions new text begin using a system of scientifically based instruction in reading and mathematics
and behavioral interventions based on the needs of the pupil new text end while the pupil is in the
regular classroom. The pupil's teacher must provide the documentation new text begin or the district may
devise a problem-solving system to meet this requirement new text end . A special education deleted text begin assessment deleted text end new text begin
evaluation new text end team may waive this requirement when they determine the pupil's need for the
deleted text begin assessment deleted text end new text begin evaluation new text end is urgent. This section may not be used to deny a pupil's right to a
special education deleted text begin assessment deleted text end new text begin evaluation except that a pupil's participation in a response to
intervention system when conducted as a part of a special education evaluation shall not
be construed as a denial of a pupil's right to a special education assessment new text end .

(b) A school district deleted text begin shall use alternative intervention services, including the
assurance of mastery program under section 124D.66 and the supplemental early
education program under section 124D.081, to serve at-risk students who demonstrate a
need for alternative instructional strategies or interventions deleted text end new text begin may meet this requirement
by establishing an early intervening, cross-categorical program that has the following
components: new text end

new text begin (1) a system of valid and reliable general outcomes measures in reading and, to the
extent possible, in mathematics with satisfactory correlations to state testing administered
to all students in kindergarten through eighth grade at least three times per year. The
assessment must be called a benchmark assessment. Pupils in grades nine and above may
participate in such assessments as determined by the school. The system must have the
capability to provide benchmark assessments by measuring the performance of all pupils
three times per year and the capability to implement Progress Monitoring. For the purpose
of this section, Progress Monitoring is the frequent and continuous measurement of pupil
performance;
new text end

new text begin (2) a system of scientifically based instruction and intervention in reading,
mathematics, and behavioral interventions; and
new text end

new text begin (3) an organizational plan that allows teachers, paraprofessionals, and volunteers
funded through various funding streams to work as a team by grade level or other
configuration across all grades and settings to deliver instruction using a tiered model. The
team must be trained in response to intervention methodology new text end .

new text begin (c) A site using the provisions of paragraph (b) must have its teachers and
paraprofessionals work together in a collaborative manner with students who are at risk
of not meeting standards. Staff being claimed for state special education categorical aid
may, as an intervention provided for in paragraph (b) (2), provide instruction to pupils
who are at risk of not meeting standards when instructing them in a small group, which
includes one or more students with a disability at the same instructional level and making
the same progress in the curriculum or intervention so long as the needs of the pupils with
disabilities are being met consistent with their individual education plans. Schools must
ensure that the needs of the student with a disability in such groupings remain the focus
of instruction. Schools must not establish permanent classes or groups for instruction
as part of meeting this requirement. To the extent allowed by federal law teachers and
paraprofessionals shall not be considered to be supplanting funds when instructing a group
of students during the core reading or mathematics time established by the school since
such instruction supplements the capacity of the regular classroom teacher to provide
instruction.
new text end

Sec. 2.

Minnesota Statutes 2006, section 126C.10, is amended by adding a subdivision
to read:

new text begin Subd. 2c. new text end

new text begin Early intervention to make adequate yearly progress revenue. new text end

new text begin Early
intervention AYP revenue for each district adopting the provisions of section 125A.56,
paragraph (b), equals:
new text end

new text begin (1) $....... per adjusted marginal cost pupil units for the school year. This revenue
may be used to implement the requirements of section 125A.56 and may be used for the
costs of assessments systems, including Benchmark and Progress Monitoring systems,
Pupil Behavioral Data Collection systems and measures of academic performance but
not the cost of state assessments;
new text end

new text begin (2) $....... per adjusted marginal cost pupil units for the school year. This revenue
may be used for the cost of electronic instructional systems or instructional personnel
delivering instruction outside the core curriculum; and
new text end

new text begin (3) $....... per adjusted marginal cost pupil units for the school year. This revenue
may be used to hire literacy and mathematics coaches, training for staff in problem solving,
and intervention methodology. Staff must be trained in the provisions of section 125A.56.
new text end

Sec. 3. new text begin APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sums indicated in this section are
appropriated from the general fund to the Department of Education for the fiscal years
designated.
new text end

new text begin Subd. 2. new text end

new text begin Early intervention AYP technical assistance and capacity building
grants. new text end

new text begin For early intervention AYP technical assistance and capacity grants:
new text end

	new text begin $ new text end	new text begin 1,050,000 new text end	new text begin ..... new text end	new text begin 2008 new text end
	new text begin $ new text end	new text begin 1,050,000 new text end	new text begin ..... new text end	new text begin 2009 new text end

new text begin (a) Of these amounts, $150,000 each year is for the St. Croix River Education
District to establish the Minnesota Reading Center, which shall provide training to districts,
professional associations, and other grantees of the commissioner, including the regional
education units, in meeting the requirements of Minnesota Statutes, section 125A.56.
new text end

new text begin (b) Of these amounts, $150,000 each year is for a grant to Independent School
District No. 834, Stillwater, to establish a Minnesota mathematics center that provides
training to districts, professional associations, and other grantees of the commissioner,
including the regional education units, in meeting the requirements of Minnesota Statutes,
section 125A.56.
new text end

new text begin (c) Of these amounts, $150,000 each year is for a grant to Special School District No.
1, Minneapolis, to establish a Minnesota positive behavioral support center that provides
training to districts, professional associations, and other grantees of the commissioner,
including the regional education units, in meeting the requirements of Minnesota Statutes,
section 125A.56.
new text end

new text begin (d) Of these amounts, $300,000 each year is for the University of Minnesota's
Educational Psychology Department to develop and update frequent and continuous
measurements of mathematics performance and to determine correlation of these measures
to the state assessments.
new text end

new text begin (e) Of these amounts, $300,000 each year is for the St. Croix River Education
District to develop standards and model procedures for response to intervention to be used
by grant recipients under this subdivision and to conduct a training academy for response
to intervention coaches.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2008
and later.
new text end