SF 1729

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to education; providing special instruction for prekindergarten children
with disabilities; proposing coding for new law in Minnesota Statutes, chapter
125A.

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

Section 1.

new text begin [125A.035] SPECIAL INSTRUCTION FOR PREKINDERGARTEN
CHILDREN WITH DISABILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Placement in early childhood care or education. new text end

new text begin (a) For purposes
of this section, "care or education services" means child care services under section
119B.011, subdivision 7, or a Head Start program under sections 119A.50 to 119A.52.
new text end

new text begin (b) When the parent or guardian of a prekindergarten child places the child in a
nonresident district for care or education services, the nonresident district providing the
care or education services is the responsible district.
new text end

new text begin (c) A district must provide care or education services to an eligible child for
an average of 20 hours per week, except that a child attending a Head Start program
may attend the program for fewer than 20 hours per week, consistent with program
requirements.
new text end

new text begin (d) Nothing in this section denies an eligible child the right to receive special
instruction and services in the child's resident district at the selection of the child's parent
or guardian. The resident district is not required to provide transportation to a child
receiving care or education services in a nonresident district but may agree with the child's
parent or guardian to provide transportation.
new text end

new text begin (e) A nonresident district that provides care or education services to an eligible child
is not required to enroll the child in kindergarten in the nonresident district unless the child
enrolls in the nonresident district under section 124D.03.
new text end

new text begin Subd. 2. new text end

new text begin Responsibilities of the providing district. new text end

new text begin (a) A nonresident district that
provides care or education services to an eligible child must:
new text end

new text begin (1) conduct an IFSP/IEP/IIIP team meeting to decide whether to continue or modify
the child's special education services according to the goals and objectives of the child's
current IFSP/IEP/IIIP plan and whether an additional evaluation is needed;
new text end

new text begin (2) provide written notice of the IFSP/IEP/IIIP team meeting to the child's parent or
guardian, the special education director in the resident district, the teachers and other staff
in the nonresident district having a legitimate education interest in the meeting and the
staff providing the care or education services to the child;
new text end

new text begin (3) to allow a child to make progress under the child's IFSP/IEP/IIIP, provide the
child with a free appropriate public education that includes an extended school year
program, where appropriate, and placement decided by the child's IFSP/IEP/IIIP team in
the least restrictive environment or natural environment, consistent with federal law; and
new text end

new text begin (4) provide transportation, if needed, to the child between the location where
the child receives care or education services and the placement decided by the child's
IFSP/IEP/IIIP team.
new text end

new text begin (b) All districts that provide care or education services must locate, identify, and
evaluate all resident and nonresident infants, toddlers, and preschoolers with disabilities
who receive care or education services within the district. The parent or guardian of a child
who receives care or education services may have the child evaluated in the resident or
nonresident district to determine whether the child needs special instruction and services.
new text end

new text begin Subd. 3. new text end

new text begin Aids and reporting. new text end

new text begin The care and education services a district provides
to prekindergarten children are eligible for reimbursement under special education
and general education law. The district that provides the care or education services is
responsible for the MARSS reporting. When the resident district does not provide care or
education services to an eligible child, the resident district must pay the nonresident district
providing the care or education services the unreimbursed tuition and other program costs
under the uniform tuition billing process, not including transportation and day care costs.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end