SF 2739

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 03/11/2010 02:09pm

A bill for an act
relating to education; clarifying the definition of a child with a disability;
specifying obligations to children with disabilities; amending Minnesota Statutes
2009 Supplement, section 125A.02, subdivision 1; proposing coding for new
law in Minnesota Statutes, chapter 125A; repealing Minnesota Statutes 2008,
section 125A.03.

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

Section 1.

Minnesota Statutes 2009 Supplement, section 125A.02, subdivision 1,
is amended to read:

Subdivision 1.

Child with a disability.

"Child with a disability" means a child
identified under federal and state special education law as having a hearing impairment,
blindness, visual disability, speech or language impairment, physical disability, other
health impairment, mental disability, emotional/behavioral disorder, specific learning
disability, autism, traumatic brain injury, multiple disabilities, or deafblind disability
who needs special education and related services, as determined by the rules of the
commissioner deleted text begin , is a child with a disability deleted text end . A licensed physician, an advanced practice
nurse, or a licensed psychologist is qualified to make a diagnosis and determination
of attention deficit disorder or attention deficit hyperactivity disorder for purposes of
identifying a child with a disability.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010.
new text end

Sec. 2.

new text begin [125A.031] GENERAL OBLIGATIONS TO CHILDREN WITH
DISABILITIES.
new text end

new text begin (a) Except as specifically provided in other law, the following requirements govern
district obligations to children with disabilities.
new text end

new text begin (b) A district shall ensure that all children with disabilities residing in the district
who need special education and related services, including those who are under age 3,
are homeless, or are attending a nonpublic school located in the district, are identified,
located, and evaluated.
new text end

new text begin (c) Except as provided in paragraph (d), a district must make available special
education and related services to each child with a disability residing in the district from
birth until that child becomes 21 years old or receives a regular high school diploma,
whichever comes first.
new text end

new text begin (d) If a child with a disability becomes 21 years old during the school year, the
district shall continue to make available special education and related services to that
child until the last day of that school year, or until the day the child receives a regular
high school diploma, whichever comes first.
new text end

new text begin (e) For the purpose of this section and section 121A.41, subdivision 7, paragraph
(a), clause (2), "school year" means the days of student instruction designated by the
school board as the regular school year in the annual calendar adopted pursuant to section
120A.41.
new text end

new text begin (f) Local health, education, and social services agencies must refer children under
age five who are known to need or suspected of needing special education and related
services to the school district.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010.
new text end

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, section 125A.03, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010.
new text end