SF 296

4th Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; modifying special education 
  1.3             provisions; providing for rulemaking; amending 
  1.4             Minnesota Statutes 1998, sections 121A.41, subdivision 
  1.5             10; 121A.43; 125A.023; 125A.027; 125A.03; 125A.07; 
  1.6             125A.08; 125A.09, subdivisions 1 and 6; 125A.10; 
  1.7             125A.18; 125A.21, subdivision 2; 125A.24; 125A.30; 
  1.8             125A.33; 125A.44; 125A.52, subdivision 1; and 125A.75, 
  1.9             subdivision 8; repealing Laws 1998, chapter 398, 
  1.10            article 2, section 53; Minnesota Rules, part 3525.2470.
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1998, section 121A.41, 
  1.13  subdivision 10, is amended to read: 
  1.14     Subd. 10.  [SUSPENSION.] "Suspension" means an action by 
  1.15  the school administration, under rules promulgated by the school 
  1.16  board, prohibiting a pupil from attending school for a period of 
  1.17  no more than ten school days.  If a suspension is longer than 
  1.18  five days, the suspending administrator must provide the 
  1.19  superintendent with a reason for the longer suspension.  This 
  1.20  definition does not apply to dismissal from school for one 
  1.21  school day or less, except as provided in federal law for a 
  1.22  student with a disability.  Each suspension action may include a 
  1.23  readmission plan.  The readmission plan shall include, where 
  1.24  appropriate, a provision for implementing alternative 
  1.25  educational services upon readmission and may not be used to 
  1.26  extend the current suspension.  The school administration may 
  1.27  not impose consecutive suspensions against the same pupil for 
  1.28  the same course of conduct, or incident of misconduct, except 
  2.1   where the pupil will create an immediate and substantial danger 
  2.2   to self or to surrounding persons or property, or where the 
  2.3   district is in the process of initiating an expulsion, in which 
  2.4   case the school administration may extend the suspension to a 
  2.5   total of 15 days.  In the case of a pupil student with a 
  2.6   disability, school districts must comply with applicable federal 
  2.7   law. the student's individual education plan team must meet 
  2.8   immediately but not more than ten school days after the date on 
  2.9   which the decision to remove the student from the student's 
  2.10  current education placement is made.  The individual education 
  2.11  plan team shall at that meeting:  conduct a review of the 
  2.12  relationship between the child's disability and the behavior 
  2.13  subject to disciplinary action; and determine the 
  2.14  appropriateness of the child's education plan. 
  2.15     The requirements of the individual education plan team 
  2.16  meeting apply when: 
  2.17     (1) the parent requests a meeting; 
  2.18     (2) the student is removed from the student's current 
  2.19  placement for five or more consecutive days; or 
  2.20     (3) the student's total days of removal from the student's 
  2.21  placement during the school year exceed ten cumulative days in a 
  2.22  school year.  The school administration shall implement 
  2.23  alternative educational services when the suspension exceeds 
  2.24  five days.  A separate administrative conference is required for 
  2.25  each period of suspension. 
  2.26     Sec. 2.  Minnesota Statutes 1998, section 121A.43, is 
  2.27  amended to read: 
  2.28     121A.43 [EXCLUSION AND EXPULSION OF PUPILS WITH A 
  2.29  DISABILITY.] 
  2.30     When a pupil who has an individual education plan is 
  2.31  excluded or expelled under sections 121A.40 to 121A.56 for 
  2.32  misbehavior that is not a manifestation of the pupil's 
  2.33  disability, the district shall continue to provide special 
  2.34  education and related services after a period of suspension, if 
  2.35  suspension is imposed.  The district shall initiate a review of 
  2.36  the student's individual education plan within five school days 
  3.1   of and conduct a review of the relationship between the 
  3.2   student's disability and the behavior subject to disciplinary 
  3.3   action and determine the appropriateness of the student's 
  3.4   education plan before commencing an expulsion, or exclusion, or 
  3.5   a suspension.  
  3.6      Sec. 3.  Minnesota Statutes 1998, section 125A.023, is 
  3.7   amended to read: 
  3.8      125A.023 [COORDINATED INTERAGENCY SERVICES.] 
  3.9      Subdivision 1.  [CITATION.] This section and section 
  3.10  125A.027 shall be cited as the "Interagency Services for 
  3.11  Children with Disabilities Act." 
  3.12     Subd. 2.  [PURPOSE.] It is the policy of the state to 
  3.13  develop and implement a coordinated, multidisciplinary, 
  3.14  interagency intervention service system for children ages three 
  3.15  to 22 21 with disabilities. 
  3.16     Subd. 3.  [DEFINITIONS.] For purposes of this section and 
  3.17  section 125A.027, the following terms have the meanings given 
  3.18  them: 
  3.19     (a) "Health plan" means: 
  3.20     (1) a health plan under section 62Q.01, subdivision 3; 
  3.21     (2) a county-based purchasing plan under section 256B.692; 
  3.22     (3) a self-insured health plan established by a local 
  3.23  government under section 471.617; or 
  3.24     (4) self-insured health coverage provided by the state to 
  3.25  its employees or retirees. 
  3.26     (b) For purposes of this section, "health plan company" 
  3.27  means an entity that issues a health plan as defined in 
  3.28  paragraph (a). 
  3.29     (c) "Individual interagency intervention plan" means a 
  3.30  standardized written plan describing those programs or services 
  3.31  and the accompanying funding sources available to eligible 
  3.32  children with disabilities. 
  3.33     (d) "Interagency intervention service system" means a 
  3.34  system that coordinates services and programs required in state 
  3.35  and federal law to meet the needs of eligible children with 
  3.36  disabilities ages three to 22 21, including: 
  4.1      (1) services provided under the following programs or 
  4.2   initiatives administered by state or local agencies: 
  4.3      (i) the maternal and child health program under title V of 
  4.4   the Social Security Act, United States Code, title 42, sections 
  4.5   701 to 709; 
  4.6      (ii) the Individuals with Disabilities Education Act under 
  4.7   United States Code, title 20, chapter 33, subchapter II, 
  4.8   sections 1411 to 1420; 
  4.9      (iii) medical assistance under the Social Security Act, 
  4.10  United States Code, title 42, chapter 7, subchapter XIX, section 
  4.11  1396, et seq.; 
  4.12     (iv) the Developmental Disabilities Assistance and Bill of 
  4.13  Rights Act, United States Code, title 42, chapter 75, subchapter 
  4.14  II, sections 6021 to 6030, Part B; 
  4.15     (v) the Head Start Act, United States Code, title 42, 
  4.16  chapter 105, subchapter II, sections 9831 to 9852; 
  4.17     (vi) rehabilitation services provided under chapter 268A; 
  4.18     (vii) Juvenile Court Act services provided under sections 
  4.19  260.011 to 260.301; 
  4.20     (viii) the children's mental health collaboratives under 
  4.21  section 245.493; 
  4.22     (ix) the family service collaboratives under section 
  4.23  124D.23; 
  4.24     (x) the family community support plan under section 
  4.25  245.4881, subdivision 4; 
  4.26     (xi) the MinnesotaCare program under chapter 256L; 
  4.27     (xii) the community health services grants under chapter 
  4.28  145; 
  4.29     (xiii) the Community Social Services Act funding under the 
  4.30  Social Security Act, United States Code, title 42, sections 1397 
  4.31  to 1397f; and 
  4.32     (xiv) the community interagency transition committees under 
  4.33  section 125A.22; 
  4.34     (2) services provided under a health plan in conformity 
  4.35  with an individual family service plan or an individual 
  4.36  education plan; and 
  5.1      (3) additional appropriate services that local agencies and 
  5.2   counties provide on an individual need basis upon determining 
  5.3   eligibility and receiving a request from the interagency early 
  5.4   intervention committee and the child's parent. 
  5.5      (e) "Children with disabilities" has the meaning given in 
  5.6   section 125A.02. 
  5.7      (f) A "standardized written plan" means those individual 
  5.8   services or programs available through the interagency 
  5.9   intervention service system to an eligible child other than the 
  5.10  services or programs described in the child's individual 
  5.11  education plan or the child's individual family service plan. 
  5.12     Subd. 4.  [STATE INTERAGENCY COMMITTEE.] (a) The governor 
  5.13  shall convene an 18-member interagency committee to develop and 
  5.14  implement a coordinated, multidisciplinary, interagency 
  5.15  intervention service system for children ages three to 22 21 
  5.16  with disabilities.  The commissioners of commerce, children, 
  5.17  families, and learning, health, human rights, human services, 
  5.18  economic security, and corrections shall each appoint two 
  5.19  committee members from their departments; the association of 
  5.20  Minnesota counties shall appoint two county representatives, one 
  5.21  of whom must be an elected official, as committee members; and 
  5.22  the Minnesota school boards association and the school nurse 
  5.23  association of Minnesota shall each appoint one committee 
  5.24  member.  The committee shall select a chair from among its 
  5.25  members. 
  5.26     (b) The committee shall: 
  5.27     (1) identify and assist in removing state and federal 
  5.28  barriers to local coordination of services provided to children 
  5.29  with disabilities; 
  5.30     (2) identify adequate, equitable, and flexible funding 
  5.31  sources to streamline these services; 
  5.32     (3) develop guidelines for implementing policies that 
  5.33  ensure a comprehensive and coordinated system of all state and 
  5.34  local agency services, including multidisciplinary assessment 
  5.35  practices for children with disabilities ages three to 22 21; 
  5.36     (4) develop, consistent with federal law, a standardized 
  6.1   written plan for providing services to a child with 
  6.2   disabilities; 
  6.3      (5) identify how current systems for dispute resolution can 
  6.4   be coordinated and develop guidelines for that coordination; 
  6.5      (6) develop an evaluation process to measure the success of 
  6.6   state and local interagency efforts in improving the quality and 
  6.7   coordination of services to children with disabilities ages 
  6.8   three to 22 21; 
  6.9      (7) develop guidelines to assist the governing boards of 
  6.10  the interagency early intervention committees in carrying out 
  6.11  the duties assigned in section 125A.027, subdivision 1, 
  6.12  paragraph (b); and 
  6.13     (8) carry out other duties necessary to develop and 
  6.14  implement within communities a coordinated, multidisciplinary, 
  6.15  interagency intervention service system for children with 
  6.16  disabilities. 
  6.17     (c) The committee shall consult on an ongoing basis with 
  6.18  the state education advisory committee for special education and 
  6.19  the governor's interagency coordinating council in carrying out 
  6.20  its duties under this section, including assisting the governing 
  6.21  boards of the interagency early intervention committees. 
  6.22     Subd. 5.  [INTERVENTION DEMONSTRATION PROJECTS.] (a) The 
  6.23  commissioner of children, families, and learning, based on 
  6.24  recommendations from the state interagency committee, shall 
  6.25  issue a request for proposals by January 1, 1999, for grants to 
  6.26  the governing boards of interagency intervention committees 
  6.27  under section 125A.027 or a combination of one or more counties 
  6.28  and school districts to establish five voluntary interagency 
  6.29  intervention demonstration projects.  One grant shall be used to 
  6.30  implement a coordinated service system for all eligible children 
  6.31  with disabilities up to age five who received services under 
  6.32  sections 125A.26 to 125A.48.  One grant shall be used to 
  6.33  implement a coordinated service system for a population of 
  6.34  minority children with disabilities from ages 12 to 22 21, who 
  6.35  may have behavioral problems and are in need of transitional 
  6.36  services.  Each project must be operational by July 1, 1999.  
  7.1   The governing boards of the interagency early intervention 
  7.2   committees and the counties and school districts receiving 
  7.3   project grants must develop efficient ways to coordinate 
  7.4   services and funding for children with disabilities ages three 
  7.5   to 22 21, consistent with the requirements of this section and 
  7.6   section 125A.027 and the guidelines developed by the state 
  7.7   interagency committee under this section. 
  7.8      (b) The state interagency committee shall evaluate the 
  7.9   demonstration projects and provide the evaluation results to 
  7.10  interagency early intervention committees. 
  7.11     Subd. 6.  [THIRD-PARTY LIABILITY.] Nothing in this section 
  7.12  and section 125A.027 relieves a health plan company, third party 
  7.13  administrator or other third-party payer of an obligation to pay 
  7.14  for, or changes the validity of an obligation to pay for, 
  7.15  services provided to children with disabilities ages three to 22 
  7.16  21 and their families. 
  7.17     Subd. 7.  [AGENCY OBLIGATION.] Nothing in this section and 
  7.18  section 125A.027 removes the obligation of the state, counties, 
  7.19  local school districts, a regional agency, or a local agency or 
  7.20  organization to comply with any federal or state law that 
  7.21  mandates responsibility for finding, assessing, delivering, 
  7.22  assuring, or paying for education or related services for 
  7.23  children with disabilities and their families. 
  7.24     Sec. 4.  Minnesota Statutes 1998, section 125A.027, is 
  7.25  amended to read: 
  7.26     125A.027 [INTERAGENCY EARLY INTERVENTION COMMITTEE 
  7.27  RESPONSIBILITIES.] 
  7.28     Subdivision 1.  [ADDITIONAL DUTIES.] (a) The governing 
  7.29  boards of the interagency early intervention committees are 
  7.30  responsible for developing and implementing interagency policies 
  7.31  and procedures to coordinate services at the local level for 
  7.32  children with disabilities ages three to 22 21 under guidelines 
  7.33  established by the state interagency committee under section 
  7.34  125A.023, subdivision 4.  Consistent with the requirements in 
  7.35  this section and section 125A.023, the governing boards of the 
  7.36  interagency early intervention committees shall organize as a 
  8.1   joint powers board under section 471.59 or enter into an 
  8.2   interagency agreement that establishes a governance structure. 
  8.3      (b) The governing board of each interagency early 
  8.4   intervention committee as defined in section 125A.30, paragraph 
  8.5   (a), which may include a juvenile justice professional, shall: 
  8.6      (1) identify and assist in removing state and federal 
  8.7   barriers to local coordination of services provided to children 
  8.8   with disabilities; 
  8.9      (2) identify adequate, equitable, and flexible use of 
  8.10  funding by local agencies for these services; 
  8.11     (3) implement policies that ensure a comprehensive and 
  8.12  coordinated system of all state and local agency services, 
  8.13  including multidisciplinary assessment practices, for children 
  8.14  with disabilities ages three to 22 21; 
  8.15     (4) use a standardized written plan for providing services 
  8.16  to a child with disabilities developed under section 125A.023; 
  8.17     (5) access the coordinated dispute resolution system and 
  8.18  incorporate the guidelines for coordinating services at the 
  8.19  local level, consistent with section 125A.023; 
  8.20     (6) use the evaluation process to measure the success of 
  8.21  the local interagency effort in improving the quality and 
  8.22  coordination of services to children with disabilities ages 
  8.23  three to 22 21 consistent with section 125A.023; 
  8.24     (7) develop a transitional plan for children moving from 
  8.25  the interagency early childhood intervention system under 
  8.26  sections 125A.259 to 125A.48 into the interagency intervention 
  8.27  service system under this section; 
  8.28     (8) coordinate services and facilitate payment for services 
  8.29  from public and private institutions, agencies, and health plan 
  8.30  companies; and 
  8.31     (9) share needed information consistent with state and 
  8.32  federal data practices requirements. 
  8.33     Subd. 2.  [APPROPRIATE AND NECESSARY SERVICES.] (a) 
  8.34  Parents, physicians, other health care professionals including 
  8.35  school nurses, and education and human services providers 
  8.36  jointly must determine appropriate and necessary services for 
  9.1   eligible children with disabilities ages three to 22 21.  The 
  9.2   services provided to the child under this section must conform 
  9.3   with the child's standardized written plan.  The governing board 
  9.4   of an interagency early intervention committee must provide 
  9.5   those services contained in a child's individual education plan 
  9.6   and those services for which a legal obligation exists. 
  9.7      (b) Nothing in this section or section 125A.023 increases 
  9.8   or decreases the obligation of the state, county, regional 
  9.9   agency, local school district, or local agency or organization 
  9.10  to pay for education, health care, or social services.  
  9.11     (c) A health plan may not exclude any medically necessary 
  9.12  covered service solely because the service is or could be 
  9.13  identified in a child's individual family service plan, 
  9.14  individual education plan, a plan established under section 504 
  9.15  of the federal Rehabilitation Act of 1973, or a student's 
  9.16  individual health plan.  This paragraph reaffirms the obligation 
  9.17  of a health plan company to provide or pay for certain medically 
  9.18  necessary covered services, and encourages a health plan company 
  9.19  to coordinate this care with any other providers of similar 
  9.20  services.  Also, a health plan company may not exclude from a 
  9.21  health plan any medically necessary covered service such as an 
  9.22  assessment or physical examination solely because the resulting 
  9.23  information may be used for an individual education plan or a 
  9.24  standardized written plan. 
  9.25     Subd. 3.  [IMPLEMENTATION TIMELINE.] By July 1, 2000, all 
  9.26  governing boards of interagency early intervention committees 
  9.27  statewide must implement a coordinated service system for 
  9.28  children up to age five with disabilities consistent with the 
  9.29  requirements of this section and section 125A.023 and the 
  9.30  evaluation results from the demonstration projects under section 
  9.31  125A.023, subdivision 5.  Children with disabilities up to the 
  9.32  age of 22 21 shall be eligible for coordinated services and 
  9.33  their eligibility to receive such services under this section 
  9.34  shall be phased in over a four-year period as follows: 
  9.35     (1) July 1, 2001, children up to age nine become eligible; 
  9.36     (2) July 1, 2002, children up to age 14 become eligible; 
 10.1   and 
 10.2      (3) July 1, 2003, children up to age 22 21 become eligible. 
 10.3      Sec. 5.  Minnesota Statutes 1998, section 125A.03, is 
 10.4   amended to read: 
 10.5      125A.03 [SPECIAL INSTRUCTION FOR CHILDREN WITH A 
 10.6   DISABILITY.] 
 10.7      (a) As defined in paragraph (b), to the extent required in 
 10.8   federal law as of July 1, 1999, every district must provide 
 10.9   special instruction and services, either within the district or 
 10.10  in another district, for children with a disability who are 
 10.11  residents of the district and who are disabled as set forth in 
 10.12  section 125A.02. 
 10.13     (b) Notwithstanding any age limits in laws to the contrary, 
 10.14  special instruction and services must be provided from birth 
 10.15  until September July 1 after the child with a disability becomes 
 10.16  22 21 years old but shall not extend beyond secondary school or 
 10.17  its equivalent, except as provided in section 124D.68, 
 10.18  subdivision 2.  Local health, education, and social service 
 10.19  agencies must refer children under age five who are known to 
 10.20  need or suspected of needing special instruction and services to 
 10.21  the school district.  Districts with less than the minimum 
 10.22  number of eligible children with a disability as determined by 
 10.23  the state board must cooperate with other districts to maintain 
 10.24  a full range of programs for education and services for children 
 10.25  with a disability.  This section does not alter the compulsory 
 10.26  attendance requirements of section 120A.22. 
 10.27     Sec. 6.  Minnesota Statutes 1998, section 125A.07, is 
 10.28  amended to read: 
 10.29     125A.07 [RULES OF STATE BOARD.] 
 10.30     (a) As defined in this paragraph, but not to exceed the 
 10.31  extent required by federal law as of July 1, 1999, the state 
 10.32  board must adopt rules relative to qualifications of essential 
 10.33  personnel, courses of study, methods of instruction, pupil 
 10.34  eligibility, size of classes, rooms, equipment, supervision, 
 10.35  parent consultation, and other necessary rules for instruction 
 10.36  of children with a disability.  These rules must provide 
 11.1   standards and procedures appropriate for the implementation of 
 11.2   and within the limitations of sections 125A.08 and 125A.09.  
 11.3   These rules must also provide standards for the discipline, 
 11.4   control, management, and protection of children with a 
 11.5   disability.  The state board must not adopt rules for pupils 
 11.6   served primarily in the regular classroom establishing either 
 11.7   case loads or the maximum number of pupils that may be assigned 
 11.8   to special education teachers.  The state board, in consultation 
 11.9   with the departments of health and human services, must adopt 
 11.10  permanent rules for instruction and services for children under 
 11.11  age five and their families.  These rules are binding on state 
 11.12  and local education, health, and human services agencies.  The 
 11.13  state board must adopt rules to determine eligibility for 
 11.14  special education services.  The rules must include procedures 
 11.15  and standards by which to grant variances for experimental 
 11.16  eligibility criteria.  The state board must, according to 
 11.17  section 14.05, subdivision 4, notify a district applying for a 
 11.18  variance from the rules within 45 calendar days of receiving the 
 11.19  request whether the request for the variance has been granted or 
 11.20  denied.  If a request is denied, the board must specify the 
 11.21  program standards used to evaluate the request and the reasons 
 11.22  for denying the request.  
 11.23     (b) As provided in this paragraph, but not to exceed the 
 11.24  extent required by federal law as of July 1, 1999, the state's 
 11.25  regulatory scheme should support schools by assuring that all 
 11.26  state special education rules adopted by the state board result 
 11.27  in one or more of the following outcomes: 
 11.28     (1) increased time available to teachers and, where 
 11.29  appropriate, to support staff including school nurses for 
 11.30  educating students through direct and indirect instruction; 
 11.31     (2) consistent and uniform access to effective education 
 11.32  programs for students with disabilities throughout the state; 
 11.33     (3) reduced inequalities and conflict, appropriate due 
 11.34  process hearing procedures and reduced court actions related to 
 11.35  the delivery of special education instruction and services for 
 11.36  students with disabilities; 
 12.1      (4) clear expectations for service providers and for 
 12.2   students with disabilities; 
 12.3      (5) increased accountability for all individuals and 
 12.4   agencies that provide instruction and other services to students 
 12.5   with disabilities; 
 12.6      (6) greater focus for the state and local resources 
 12.7   dedicated to educating students with disabilities; and 
 12.8      (7) clearer standards for evaluating the effectiveness of 
 12.9   education and support services for students with disabilities. 
 12.10     Sec. 7.  Minnesota Statutes 1998, section 125A.08, is 
 12.11  amended to read: 
 12.12     125A.08 [SCHOOL DISTRICT OBLIGATIONS.] 
 12.13     (a) As defined in this section, to the extent required by 
 12.14  federal law as of July 1, 1999, every district must ensure the 
 12.15  following: 
 12.16     (1) all students with disabilities are provided the special 
 12.17  instruction and services which are appropriate to their needs.  
 12.18  Where the individual education plan team has determined 
 12.19  appropriate goals and objectives based on the student's needs, 
 12.20  including the extent to which the student can be included in the 
 12.21  least restrictive environment, and where there are essentially 
 12.22  equivalent and effective instruction, related services, or 
 12.23  assistive technology devices available to meet the student's 
 12.24  needs, cost to the district may be among the factors considered 
 12.25  by the team in choosing how to provide the appropriate services, 
 12.26  instruction, or devices that are to be made part of the 
 12.27  student's individual education plan.  The student's needs and 
 12.28  the special education instruction and services to be provided 
 12.29  must be agreed upon through the development of an individual 
 12.30  education plan.  The plan must address the student's need to 
 12.31  develop skills to live and work as independently as possible 
 12.32  within the community.  By grade 9 or age 14, the plan must 
 12.33  address the student's needs for transition from secondary 
 12.34  services to post-secondary education and training, employment, 
 12.35  community participation, recreation, and leisure and home 
 12.36  living.  In developing the plan, districts must inform parents 
 13.1   of the full range of transitional goals and related services 
 13.2   that should be considered.  The plan must include a statement of 
 13.3   the needed transition services, including a statement of the 
 13.4   interagency responsibilities or linkages or both before 
 13.5   secondary services are concluded; 
 13.6      (2) children with a disability under age five and their 
 13.7   families are provided special instruction and services 
 13.8   appropriate to the child's level of functioning and needs; 
 13.9      (3) children with a disability and their parents or 
 13.10  guardians are guaranteed procedural safeguards and the right to 
 13.11  participate in decisions involving identification, assessment 
 13.12  including assistive technology assessment, and educational 
 13.13  placement of children with a disability; 
 13.14     (4) eligibility and needs of children with a disability are 
 13.15  determined by an initial assessment or reassessment, which may 
 13.16  be completed using existing data under United States Code, title 
 13.17  20, section 33, et seq.; 
 13.18     (5) to the maximum extent appropriate, children with a 
 13.19  disability, including those in public or private institutions or 
 13.20  other care facilities, are educated with children who are not 
 13.21  disabled, and that special classes, separate schooling, or other 
 13.22  removal of children with a disability from the regular 
 13.23  educational environment occurs only when and to the extent that 
 13.24  the nature or severity of the disability is such that education 
 13.25  in regular classes with the use of supplementary services cannot 
 13.26  be achieved satisfactorily; 
 13.27     (6) in accordance with recognized professional standards, 
 13.28  testing and evaluation materials, and procedures used for the 
 13.29  purposes of classification and placement of children with a 
 13.30  disability are selected and administered so as not to be 
 13.31  racially or culturally discriminatory; and 
 13.32     (7) the rights of the child are protected when the parents 
 13.33  or guardians are not known or not available, or the child is a 
 13.34  ward of the state. 
 13.35     (b) For paraprofessionals employed to work in programs for 
 13.36  students with disabilities, the school board in each district 
 14.1   shall ensure that: 
 14.2      (1) before or immediately upon employment, each 
 14.3   paraprofessional develops sufficient knowledge and skills in 
 14.4   emergency procedures, building orientation, roles and 
 14.5   responsibilities, confidentiality, vulnerability, and 
 14.6   reportability, among other things, to begin meeting the needs of 
 14.7   the students with whom the paraprofessional works; 
 14.8      (2) annual training opportunities are available to enable 
 14.9   the paraprofessional to continue to further develop the 
 14.10  knowledge and skills that are specific to the students with whom 
 14.11  the paraprofessional works, including understanding 
 14.12  disabilities, following lesson plans, and implementing follow-up 
 14.13  instructional procedures and activities; and 
 14.14     (3) a districtwide process obligates each paraprofessional 
 14.15  to work under the ongoing direction of a licensed teacher and, 
 14.16  where appropriate and possible, the supervision of a school 
 14.17  nurse. 
 14.18     Sec. 8.  Minnesota Statutes 1998, section 125A.09, 
 14.19  subdivision 1, is amended to read: 
 14.20     Subdivision 1.  [DISTRICT OBLIGATION.] As defined in this 
 14.21  section, but not to exceed the extent required by federal law as 
 14.22  of July 1, 1999, every district must use the following 
 14.23  procedures for decisions involving identification, assessment, 
 14.24  and educational placement of children with a disability. 
 14.25     Sec. 9.  Minnesota Statutes 1998, section 125A.09, 
 14.26  subdivision 6, is amended to read: 
 14.27     Subd. 6.  [IMPARTIAL DUE PROCESS HEARING.] Parents, 
 14.28  guardians, and the district must have an opportunity to obtain 
 14.29  an impartial due process hearing initiated and conducted by and 
 14.30  in the district responsible for assuring that an appropriate 
 14.31  program is provided in accordance with state board rules, if the 
 14.32  parent or guardian continues to object to:  
 14.33     (1) a proposed formal educational assessment or proposed 
 14.34  denial of a formal educational assessment of their child; 
 14.35     (2) the proposed placement of their child in, or transfer 
 14.36  of their child to a special education program; 
 15.1      (3) the proposed denial of placement of their child in a 
 15.2   special education program or the transfer of their child from a 
 15.3   special education program; 
 15.4      (4) the proposed provision or addition of special education 
 15.5   services for their child; or 
 15.6      (5) the proposed denial or removal of special education 
 15.7   services for their child.  
 15.8      A hearing officer may limit an impartial due process 
 15.9   hearing to an amount of time sufficient for each party to 
 15.10  present its case.  The party requesting the hearing shall plead 
 15.11  with specificity as to what issues are in dispute and all issues 
 15.12  not pleaded with specificity are deemed waived.  Parties must 
 15.13  limit evidence to the issues specifically pleaded.  A hearing 
 15.14  officer, at the officer's discretion, may exclude cumulative 
 15.15  evidence or may encourage parties to present only essential 
 15.16  witnesses. 
 15.17     Within five business days after the request for a hearing, 
 15.18  or as directed by the hearing officer, the objecting party must 
 15.19  provide the other party with a brief written statement of 
 15.20  particulars of the objection, the reasons for the objection, and 
 15.21  the specific remedies sought.  The other party shall provide the 
 15.22  objecting party with a written response to the statement of 
 15.23  objections within five business days of receipt of the statement.
 15.24     The hearing must take place before an impartial hearing 
 15.25  officer mutually agreed to by the school board and the parent or 
 15.26  guardian.  Within four three business days of the receipt of the 
 15.27  request for the hearing, if the parties have not agreed on the 
 15.28  hearing officer, the board must request the commissioner to 
 15.29  appoint a hearing officer from a list maintained for that 
 15.30  purpose.  If the parties have not agreed upon a hearing officer, 
 15.31  and the board has not requested that a hearing officer be 
 15.32  appointed by the commissioner within four business days after 
 15.33  the receipt of the request, the commissioner shall appoint a 
 15.34  hearing officer upon the request of either party.  A retired 
 15.35  judge, retired court referee, or retired federal magistrate 
 15.36  judge who is otherwise qualified under this section and wishes 
 16.1   to be a hearing officer may be put on the list.  The board must 
 16.2   include with the request the name of the person requesting the 
 16.3   hearing, the name of the student, the attorneys involved, if 
 16.4   any, and the date the hearing request was received.  The hearing 
 16.5   officer must not be a board member or employee of the district 
 16.6   where the child resides or of the child's district of residence, 
 16.7   an employee of any other public agency involved in the education 
 16.8   or care of the child, or any person with a personal or 
 16.9   professional interest that would conflict with the person's 
 16.10  objectivity at the hearing.  A person who otherwise qualifies as 
 16.11  a hearing officer is not an employee of the district solely 
 16.12  because the person is paid by the district to serve as a hearing 
 16.13  officer.  Any party to a hearing, except an expedited hearing 
 16.14  under federal law, may make and serve upon the opposing party 
 16.15  and the commissioner a notice to remove a hearing officer 
 16.16  appointed by the commissioner.  The notice shall be served and 
 16.17  filed within two business days after the party receives notice 
 16.18  of the appointment of the hearing officer by the commissioner. 
 16.19     No such notice may be filed by a party against a hearing 
 16.20  officer who has presided at a motion or any other proceeding of 
 16.21  which the party had notice.  A hearing officer who has presided 
 16.22  at a motion or other proceeding may not be removed except upon 
 16.23  an affirmative showing of prejudice on the part of the hearing 
 16.24  officer.  
 16.25     After the party has once disqualified a hearing officer as 
 16.26  a matter of right, that party may disqualify the substitute 
 16.27  hearing officer only by making an affirmative showing of 
 16.28  prejudice or bias to the commissioner, or to the chief 
 16.29  administrative law judge if the hearing officer is an 
 16.30  administrative law judge. 
 16.31     Upon the filing of a notice to remove or if a party makes 
 16.32  an affirmative showing of prejudice against a substitute hearing 
 16.33  officer, the commissioner shall assign any other hearing officer 
 16.34  to hear the matter. 
 16.35     If the hearing officer requests an independent educational 
 16.36  assessment of a child, the cost of the assessment must be at 
 17.1   district expense.  The proceedings must be recorded and 
 17.2   preserved, at the expense of the school district, pending 
 17.3   ultimate disposition of the action. 
 17.4      Sec. 10.  Minnesota Statutes 1998, section 125A.10, is 
 17.5   amended to read: 
 17.6      125A.10 [COORDINATING INTERAGENCY SERVICES.] 
 17.7      If at the time of initial referral for an educational 
 17.8   assessment, or a reassessment, the district determines that a 
 17.9   child with disabilities who is age 3 through 21 may be eligible 
 17.10  for interagency services, the district may request that the 
 17.11  county of residence provide a representative to the initial 
 17.12  assessment or reassessment team meeting or the first individual 
 17.13  education plan team meeting following the assessment or 
 17.14  reassessment.  The district may request to have a county 
 17.15  representative attend other individual education plan team 
 17.16  meetings when it is necessary to facilitate coordination between 
 17.17  district and county provided services.  Upon request from a 
 17.18  district, the resident county shall provide a representative to 
 17.19  assist the individual education plan team in determining the 
 17.20  child's eligibility for existing health, mental health, or other 
 17.21  support services administered or provided by the county.  The 
 17.22  individual education plan team and the county representative 
 17.23  must develop an interagency plan of care for an eligible child 
 17.24  and the child's family to coordinate services required under the 
 17.25  child's individual education plan with county services.  The 
 17.26  interagency plan of care must include appropriate family 
 17.27  information with the consent of the family, a description of how 
 17.28  services will be coordinated between the district and county, a 
 17.29  description of service coordinator responsibilities and 
 17.30  services, and a description of activities for obtaining 
 17.31  third-party payment for eligible services, including medical 
 17.32  assistance payments.  Any state, county, or city government 
 17.33  agency responsible for providing services or resources to 
 17.34  students with disabilities under this section is subject to the 
 17.35  same dispute resolution systems as local school districts, and 
 17.36  all such agencies must comply with corrective action 
 18.1   requirements that ensue from these systems. 
 18.2      Sec. 11.  Minnesota Statutes 1998, section 125A.18, is 
 18.3   amended to read: 
 18.4      125A.18 [SPECIAL INSTRUCTION; NONPUBLIC SCHOOLS.] 
 18.5      No resident of a district who is eligible for special 
 18.6   instruction and services under this section may be denied 
 18.7   instruction and service on a shared time basis consistent with 
 18.8   section 126C.19, subdivision 4, because of attending a nonpublic 
 18.9   school defined in section 123B.41, subdivision 9.  If a resident 
 18.10  pupil with a disability attends a nonpublic school located 
 18.11  within the district of residence, the district must provide 
 18.12  necessary transportation for that pupil within the district 
 18.13  between the nonpublic school and the educational facility where 
 18.14  special instruction and services are provided on a shared time 
 18.15  basis.  If a resident pupil with a disability attends a 
 18.16  nonpublic school located in another district and if no agreement 
 18.17  exists under section 126C.19, subdivision 1 or 2, for providing 
 18.18  special instruction and services on a shared time basis to that 
 18.19  pupil by the district of attendance and where the special 
 18.20  instruction and services are provided within the district of 
 18.21  residence, the district of residence must provide necessary 
 18.22  transportation for that pupil between the boundary of the 
 18.23  district of residence and the educational facility.  The 
 18.24  district of residence may provide necessary transportation for 
 18.25  that pupil between its boundary and the nonpublic school 
 18.26  attended, but the nonpublic school must pay the cost of 
 18.27  transportation provided outside the district boundary.  
 18.28     Parties serving students on a shared time basis have access 
 18.29  to the due process hearing system described under United States 
 18.30  Code, title 20, and the complaint system under Code of Federal 
 18.31  Regulations, title 34, section 300.660-662.  In the event it is 
 18.32  determined under these systems that the nonpublic school or 
 18.33  staff impeded the public school district's provision of a free 
 18.34  appropriate education, the commissioner may withhold public 
 18.35  funds available to the nonpublic school proportionally 
 18.36  applicable to that student under section 123B.42. 
 19.1      Sec. 12.  Minnesota Statutes 1998, section 125A.21, 
 19.2   subdivision 2, is amended to read: 
 19.3      Subd. 2.  [THIRD PARTY REIMBURSEMENT.] Beginning July 
 19.4   1, 1999 2000, districts shall seek reimbursement from insurers 
 19.5   and similar third parties for the cost of services provided by 
 19.6   the district whenever the services provided by the district are 
 19.7   otherwise covered by the child's health coverage.  Districts 
 19.8   shall request, but may not require, the child's family to 
 19.9   provide information about the child's health coverage when a 
 19.10  child with a disability begins to receive services from the 
 19.11  district of a type that may be reimbursable, and shall request, 
 19.12  but may not require, updated information after that as needed.  
 19.13  Districts shall request, but may not require, the child's parent 
 19.14  or legal representative to sign a consent form, permitting the 
 19.15  school district to apply for and receive reimbursement directly 
 19.16  from the insurer or other similar third party, to the extent 
 19.17  permitted by the insurer or other third party and subject to 
 19.18  their networking credentialing, prior authorization, and 
 19.19  determination of medical necessity criteria. 
 19.20     Sec. 13.  Minnesota Statutes 1998, section 125A.24, is 
 19.21  amended to read: 
 19.22     125A.24 [PARENT ADVISORY COMMITTEES COUNCILS.] 
 19.23     Provisions of Minnesota Rules, part 3525.1100, regarding 
 19.24  parent advisory committees apply to local boards or cooperative 
 19.25  boards carrying out the provisions of this section.  In order to 
 19.26  increase the involvement of parents of children with 
 19.27  disabilities in district policymaking and decision making, 
 19.28  school districts must have a special education advisory council 
 19.29  that is incorporated into the district's special education 
 19.30  system plan. 
 19.31     (1) This advisory council may be established either for 
 19.32  individual districts or in cooperation with other districts who 
 19.33  are members of the same special education cooperative. 
 19.34     (2) A district may set up this council as a subgroup of an 
 19.35  existing board, council, or committee. 
 19.36     (3) At least half of the designated council members must be 
 20.1   parents of students with a disability.  The number of members, 
 20.2   frequency of meetings, and operational procedures are to be 
 20.3   locally determined. 
 20.4      Sec. 14.  Minnesota Statutes 1998, section 125A.30, is 
 20.5   amended to read: 
 20.6      125A.30 [INTERAGENCY EARLY INTERVENTION COMMITTEES.] 
 20.7      (a) A school district, group of districts, or special 
 20.8   education cooperative, in cooperation with the health and human 
 20.9   service agencies located in the county or counties in which the 
 20.10  district or cooperative is located, must establish an 
 20.11  interagency early intervention committee for children with 
 20.12  disabilities under age five and their families under this 
 20.13  section, and for children with disabilities ages three to 22 
 20.14  consistent with the requirements under sections 125A.023 and 
 20.15  125A.027.  Committees must include representatives of local and 
 20.16  regional health, education, and county human service agencies, 
 20.17  county boards, school boards, early childhood family education 
 20.18  programs, parents of young children with disabilities under age 
 20.19  12, current service providers, and may also include 
 20.20  representatives from other private or public agencies and school 
 20.21  nurses.  The committee must elect a chair from among its members 
 20.22  and must meet at least quarterly. 
 20.23     (b) The committee must develop and implement interagency 
 20.24  policies and procedures concerning the following ongoing duties: 
 20.25     (1) develop public awareness systems designed to inform 
 20.26  potential recipient families of available programs and services; 
 20.27     (2) implement interagency child find systems designed to 
 20.28  actively seek out, identify, and refer infants and young 
 20.29  children with, or at risk of, disabilities and their families; 
 20.30     (3) establish and evaluate the identification, referral, 
 20.31  child and family assessment systems, procedural safeguard 
 20.32  process, and community learning systems to recommend, where 
 20.33  necessary, alterations and improvements; 
 20.34     (4) assure the development of individualized family service 
 20.35  plans for all eligible infants and toddlers with disabilities 
 20.36  from birth through age two, and their families, and individual 
 21.1   education plans and individual service plans when necessary to 
 21.2   appropriately serve children with disabilities, age three and 
 21.3   older, and their families and recommend assignment of financial 
 21.4   responsibilities to the appropriate agencies; 
 21.5      (5) encourage agencies to develop individual family service 
 21.6   plans for children with disabilities, age three and older; 
 21.7      (6) implement a process for assuring that services involve 
 21.8   cooperating agencies at all steps leading to individualized 
 21.9   programs; 
 21.10     (7) facilitate the development of a transitional plan if a 
 21.11  service provider is not recommended to continue to provide 
 21.12  services; 
 21.13     (8) identify the current services and funding being 
 21.14  provided within the community for children with disabilities 
 21.15  under age five and their families; 
 21.16     (9) develop a plan for the allocation and expenditure of 
 21.17  additional state and federal early intervention funds under 
 21.18  United States Code, title 20, section 1471 et seq.  (Part H, 
 21.19  Public Law Number 102-119) and United States Code, title 20, 
 21.20  section 631, et seq. (Chapter I, Public Law Number 89-313); and 
 21.21     (10) develop a policy that is consistent with section 
 21.22  13.05, subdivision 9, and federal law to enable a member of an 
 21.23  interagency early intervention committee to allow another member 
 21.24  access to data classified as not public. 
 21.25     (c) The local committee shall also: 
 21.26     (1) participate in needs assessments and program planning 
 21.27  activities conducted by local social service, health and 
 21.28  education agencies for young children with disabilities and 
 21.29  their families; and 
 21.30     (2) review and comment on the early intervention section of 
 21.31  the total special education system for the district, the county 
 21.32  social service plan, the section or sections of the community 
 21.33  health services plan that address needs of and service 
 21.34  activities targeted to children with special health care needs, 
 21.35  and the section of the maternal and child health special project 
 21.36  grants that address needs of and service activities targeted to 
 22.1   children with chronic illness and disabilities; and. 
 22.2      (3) prepare a yearly summary on the progress of the 
 22.3   community in serving young children with disabilities, and their 
 22.4   families, including the expenditure of funds. 
 22.5      (d) The summary must be organized following a format 
 22.6   prescribed by the commissioner of the state lead agency and must 
 22.7   be submitted to each of the local agencies and to the state 
 22.8   interagency coordinating council by October 1 of each year. 
 22.9      The departments of children, families, and learning, 
 22.10  health, and human services must provide assistance to the local 
 22.11  agencies in developing cooperative plans for providing services. 
 22.12     Sec. 15.  Minnesota Statutes 1998, section 125A.33, is 
 22.13  amended to read: 
 22.14     125A.33 [SERVICE COORDINATION.] 
 22.15     (a) The team developing the IFSP under section 125A.32 must 
 22.16  select a service coordinator to carry out service coordination 
 22.17  activities on an interagency basis.  Service coordination must 
 22.18  actively promote a family's capacity and competency to identify, 
 22.19  obtain, coordinate, monitor, and evaluate resources and services 
 22.20  to meet the family's needs.  Service coordination activities 
 22.21  include: 
 22.22     (1) coordinating the performance of evaluations and 
 22.23  assessments; 
 22.24     (2) facilitating and participating in the development, 
 22.25  review, and evaluation of individualized family service plans; 
 22.26     (3) assisting families in identifying available service 
 22.27  providers; 
 22.28     (4) coordinating and monitoring the delivery of available 
 22.29  services; 
 22.30     (5) informing families of the availability of advocacy 
 22.31  services; 
 22.32     (6) coordinating with medical, health, and other service 
 22.33  providers; 
 22.34     (7) facilitating the development of a transition plan at 
 22.35  least six months 90 days before the time the child is no longer 
 22.36  eligible for early intervention services, if appropriate; 
 23.1      (8) managing the early intervention record and submitting 
 23.2   additional information to the local primary agency at the time 
 23.3   of periodic review and annual evaluations; and 
 23.4      (9) notifying a local primary agency when disputes between 
 23.5   agencies impact service delivery required by an IFSP. 
 23.6      (b) A service coordinator must be knowledgeable about 
 23.7   children and families receiving services under this section, 
 23.8   requirements of state and federal law, and services available in 
 23.9   the interagency early childhood intervention system.  
 23.10     Sec. 16.  Minnesota Statutes 1998, section 125A.44, is 
 23.11  amended to read: 
 23.12     125A.44 [COMPLAINT PROCEDURE.] 
 23.13     (a) An individual or organization may file a written signed 
 23.14  complaint with the commissioner of the state lead agency 
 23.15  alleging that one or more requirements of the Code of Federal 
 23.16  Regulations, title 34, part 303, is not being met.  The 
 23.17  complaint must include:  
 23.18     (1) a statement that the state has violated the Individuals 
 23.19  with Disabilities Education Act, United States Code, title 20, 
 23.20  section 1471 et seq. (Part H, Public Law Number 102-119) or Code 
 23.21  of Federal Regulations, title 34, section 303; and 
 23.22     (2) the facts on which the complaint is based. 
 23.23     (b) The commissioner of the state lead agency shall receive 
 23.24  and coordinate with other state agencies the review and 
 23.25  resolution of a complaint within 60 calendar days according to 
 23.26  the state interagency agreement required under section 125A.48.  
 23.27  The development and disposition of corrective action orders for 
 23.28  nonschool agencies shall be determined by the State Agency 
 23.29  Committee (SAC).  Failure to comply with corrective orders may 
 23.30  result in fiscal actions or other measures. 
 23.31     Sec. 17.  Minnesota Statutes 1998, section 125A.52, 
 23.32  subdivision 1, is amended to read: 
 23.33     Subdivision 1.  [EDUCATIONAL SCREENING.] Secure and 
 23.34  nonsecure residential treatment facilities licensed by the 
 23.35  department of human services or the department of corrections 
 23.36  must screen each juvenile who is held in a facility for at least 
 24.1   72 hours, excluding weekends or holidays, using an educational 
 24.2   screening tool identified by the department, unless the facility 
 24.3   determines that the juvenile has a current individual education 
 24.4   plan and obtains a copy of it.  The department must develop or 
 24.5   identify an education screening tool for use in residential 
 24.6   facilities.  The tool must include a life skills development 
 24.7   component. 
 24.8      Sec. 18.  Minnesota Statutes 1998, section 125A.75, 
 24.9   subdivision 8, is amended to read: 
 24.10     Subd. 8.  [LITIGATION AND HEARING COSTS.] (a) For fiscal 
 24.11  year 1999 and thereafter, the commissioner of children, 
 24.12  families, and learning, or the commissioner's designee, shall 
 24.13  use state funds to pay school districts for the administrative 
 24.14  costs of a due process hearing incurred under section 125A.09, 
 24.15  subdivisions 6, 10, and 11, including hearing officer fees, 
 24.16  court reporter fees, mileage costs, transcript 
 24.17  costs, interpreter and transliterator fees, independent 
 24.18  evaluations ordered by the hearing officer, and rental of 
 24.19  hearing rooms, but not including district attorney fees.  To 
 24.20  receive state aid under this paragraph, a school district shall 
 24.21  submit to the commissioner at the end of the school year an 
 24.22  itemized list of unreimbursed actual costs for fees and other 
 24.23  expenses under this paragraph.  State funds used for aid to 
 24.24  school districts under this paragraph shall be based on the 
 24.25  unreimbursed actual costs and fees submitted by a district from 
 24.26  previous school years. 
 24.27     (b) For fiscal year 1999 and thereafter, a school district, 
 24.28  to the extent to which it prevails under United States Code, 
 24.29  title 20, section 1415(i)(3)(B)(D) and Rule 68 of the Federal 
 24.30  Rules of Civil Procedure, shall receive state aid equal to 50 
 24.31  percent of the total actual cost of attorney fees incurred after 
 24.32  a request for a due process hearing under section 125A.09, 
 24.33  subdivisions 6, 9, and 11, is served upon the parties.  A 
 24.34  district is eligible for reimbursement for attorney fees under 
 24.35  this paragraph only if: 
 24.36     (1) a court of competent jurisdiction determines that the 
 25.1   parent is not the prevailing party under United States Code, 
 25.2   title 20, section 1415(i)(3)(B)(D), or the parties stipulate 
 25.3   that the parent is not the prevailing party; 
 25.4      (2) the district has made a good faith effort to resolve 
 25.5   the dispute through mediation, but the obligation to mediate 
 25.6   does not compel the district to agree to a proposal or make a 
 25.7   concession; and 
 25.8      (3) the district made an offer of settlement under Rule 68 
 25.9   of the Federal Rules of Civil Procedure.  
 25.10     To receive aid, a school district that meets the criteria 
 25.11  of this paragraph shall submit to the commissioner at the end of 
 25.12  the school year an itemized list of unreimbursed actual attorney 
 25.13  fees associated with a due process hearing under section 
 25.14  125A.09, subdivisions 6, 9, and 11.  Aid under this paragraph 
 25.15  for each school district is based on unreimbursed actual 
 25.16  attorney fees submitted by the district from previous school 
 25.17  years. 
 25.18     (c) For fiscal year 1999 and thereafter, a school district 
 25.19  is eligible to receive state aid for 50 percent of the total 
 25.20  actual cost of attorney fees it incurs in appealing to a court 
 25.21  of competent jurisdiction the findings, conclusions, and order 
 25.22  of a due process hearing under section 125A.09, subdivisions 6, 
 25.23  9, and 11.  The district is eligible for reimbursement under 
 25.24  this paragraph only if the commissioner authorizes the 
 25.25  reimbursement after evaluating the merits of the case.  In a 
 25.26  case where the commissioner is a named party in the litigation, 
 25.27  the commissioner of the bureau of mediation services shall make 
 25.28  the determination regarding reimbursement.  The commissioner's 
 25.29  decision is final. 
 25.30     (d) The commissioner shall provide districts with a form on 
 25.31  which to annually report litigation costs under this section and 
 25.32  shall base aid estimates on those reports.  
 25.33     Sec. 19.  [SPECIAL EDUCATION RULES.] 
 25.34     Beginning no later than July 1, 1999, the commissioner 
 25.35  shall amend Minnesota Rules, chapter 3525, for special education 
 25.36  using the expedited process under Minnesota Statutes 1998, 
 26.1   section 14.389.  In addition to technical changes, corrections, 
 26.2   clarifications, and similarly needed revisions, specific rules 
 26.3   shall be modified or repealed as indicated below: 
 26.4      (1) repeal Minnesota Rules, part 3525.0200, subpart 6a, on 
 26.5   definition of IEP; 
 26.6      (2) repeal Minnesota Rules, part 3525.0200, subpart 11a, on 
 26.7   definition of parent; 
 26.8      (3) amend Minnesota Rules, part 3525.0750, to include 
 26.9   children enrolled in nonpublic schools for child find purposes; 
 26.10     (4) amend Minnesota Rules, part 3525.0800, subpart 8, on 
 26.11  district responsibility for choice options in accordance with 
 26.12  legislation; 
 26.13     (5) amend Minnesota Rules, part 3525.0800, subpart 9, on 
 26.14  district responsibility for upper age limit in accordance with 
 26.15  legislation; 
 26.16     (6) repeal Minnesota Rules, part 3525.1150; 
 26.17     (7) amend Minnesota Rules, part 3525.1310, to add program 
 26.18  coordination and due process facilitation to list of 
 26.19  reimbursable activities; 
 26.20     (8) amend Minnesota Rules, part 3525.1325, to revise 
 26.21  eligibility criteria for autism to reflect professional 
 26.22  standards; 
 26.23     (9) amend Minnesota Rules, part 3525.1327, to make minor 
 26.24  revisions necessary to update eligibility criteria for 
 26.25  deaf-blindness; 
 26.26     (10) amend Minnesota Rules, part 3525.1331, to make minor 
 26.27  revisions necessary to update eligibility criteria for deaf and 
 26.28  hard-of-hearing; 
 26.29     (11) amend Minnesota Rules, part 3525.1333, to revise 
 26.30  eligibility criteria for cognitive impairment to reflect 
 26.31  professional standards; 
 26.32     (12) amend Minnesota Rules, part 3525.1335, to revise 
 26.33  eligibility criteria for other health-impaired to reflect 
 26.34  professional standards; 
 26.35     (13) amend Minnesota Rules, part 3525.1337, to make minor 
 26.36  revisions necessary to update eligibility criteria for physical 
 27.1   impairment; 
 27.2      (14) amend Minnesota Rules, part 3525.1341, to make minor 
 27.3   revisions necessary to update eligibility criteria for specific 
 27.4   learning disability; 
 27.5      (15) amend Minnesota Rules, part 3525.1343, to make minor 
 27.6   revisions necessary to update eligibility criteria for speech 
 27.7   and language impairments; 
 27.8      (16) amend Minnesota Rules, part 3525.1345, to make minor 
 27.9   revisions necessary to update eligibility criteria for blind and 
 27.10  vision impaired; 
 27.11     (17) amend Minnesota Rules, part 3525.1350, to make minor 
 27.12  revisions necessary to update eligibility criteria for early 
 27.13  childhood:  special education; 
 27.14     (18) amend Minnesota Rules, part 3525.1352, to make minor 
 27.15  revisions necessary to update eligibility criteria for 
 27.16  developmental adapted physical education:  special education; 
 27.17     (19) amend Minnesota Rules, part 3525.1354, to repeal 
 27.18  subpart 2 to drop documentation requirement on override 
 27.19  decisions; 
 27.20     (20) repeal Minnesota Rules, part 3525.1356, on exit 
 27.21  procedures; 
 27.22     (21) amend Minnesota Rules, part 3525.2335, to make minor 
 27.23  revisions to update standards for early childhood program 
 27.24  options, and repeal subpart 2, item C; 
 27.25     (22) amend Minnesota Rules, part 3525.2340, to revise 
 27.26  caseload standard for young children to clarify how caseload is 
 27.27  determined and to reflect supervision and safety needs of very 
 27.28  small children in various settings; 
 27.29     (23) amend Minnesota Rules, part 3525.2405, to repeal 
 27.30  subparts 2 and 3 on reimbursement standards for directors of 
 27.31  special education; 
 27.32     (24) repeal Minnesota Rules, part 3525.2420, on variance 
 27.33  request for director of special education; 
 27.34     (25) repeal Minnesota Rules, part 3525.2650, as duplicative 
 27.35  notice requirements; 
 27.36     (26) repeal Minnesota Rules, part 3525.3000, on periodic 
 28.1   reviews and documentation requirement; 
 28.2      (27) repeal Minnesota Rules, part 3525.3150, as duplicative 
 28.3   diploma requirements; 
 28.4      (28) repeal Minnesota Rules, part 3525.3200, as duplicative 
 28.5   notice requirement; 
 28.6      (29) amend Minnesota Rules, part 3525.3500, to repeal 
 28.7   duplicative notice requirements and mandate for districts to 
 28.8   initiate a hearing when refusing request for assessment; and 
 28.9      (30) amend Minnesota Rules, parts 3525.3800 to 3525.4700, 
 28.10  on due process hearings to make them compatible with state and 
 28.11  federal legislation. 
 28.12     The rules that must be repealed under this section remain 
 28.13  in effect until repealed through the rulemaking process. 
 28.14     Sec. 20.  [SPECIAL EDUCATION RULES.] 
 28.15     The commissioner shall adopt rules to update Minnesota 
 28.16  Rules, chapter 3525, for special education.  Provisions of this 
 28.17  chapter that exceed federal requirements are deemed valid for 
 28.18  the purposes of providing special instruction and services to 
 28.19  children with a disability.  In addition to technical changes, 
 28.20  corrections, clarifications, and similarly needed revisions, 
 28.21  specific rules shall be modified or repealed as indicated below: 
 28.22     (1) Minnesota Rules, part 3525.0200, add definition of 
 28.23  caseload; 
 28.24     (2) revise Minnesota Rules, part 3525.0550, to update role 
 28.25  of IEP manager; 
 28.26     (3) repeal Minnesota Rules, part 3525.1100, subpart 2, item 
 28.27  D, on parent advisory council as duplicative; 
 28.28     (4) Minnesota Rules, part 3525.1329, amend eligibility 
 28.29  criteria for emotional or behavior disorders so that the 
 28.30  standards reflect severe emotional disorder and professional 
 28.31  standards; 
 28.32     (5) amend Minnesota Rules, part 3525.2325, to revise 
 28.33  outdated standards for students placed for care and treatment to 
 28.34  be compatible with related legislation; 
 28.35     (6) repeal Minnesota Rules, part 3525.2550, on conduct 
 28.36  before assessment except for subpart 2, item C; 
 29.1      (7) add a rule to make the responsibilities of the IEP team 
 29.2   for assessment, IEP development, and placement decisions 
 29.3   consistent with federal requirements; 
 29.4      (8) repeal Minnesota Rules, part 3525.2750, on educational 
 29.5   assessment as duplicative; 
 29.6      (9) repeal Minnesota Rules, part 3525.2900, on IEP 
 29.7   development and content except subparts 4 and 5 on regulated 
 29.8   interventions; and 
 29.9      (10) repeal Minnesota Rules, part 3525.3300, except item B, 
 29.10  on contents of notice as duplicative.  
 29.11     The rules that must be repealed under this section remain 
 29.12  in effect until repealed through the rulemaking process. 
 29.13     Sec. 21.  [REPEALER.] 
 29.14     Laws 1998, chapter 398, article 2, section 53, and 
 29.15  Minnesota Rules, part 3525.2470, are repealed. 
 29.16     Sec. 22.  [EFFECTIVE DATE.] 
 29.17     Sections 1, 2, 5 to 18, 20, and 21 are effective July 1, 
 29.18  1999, except that the requirement under section 3 to provide 
 29.19  special instruction and services until the child with a 
 29.20  disability becomes 21 years old, instead of 22 years old, is 
 29.21  effective July 1, 2002.  Sections 3 and 4 are effective July 1, 
 29.22  2002.  Section 19 is effective the day following final enactment.