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SF 3351

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/12/2020 02:51pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to education; modifying school health services to allow for the use of a
private nurse; modifying the use of a functional behavioral assessment; allowing
certain students to participate in alternative delivery of specialized instructional
services program; amending Minnesota Statutes 2018, sections 121A.21; 125A.08;
125A.50, subdivision 1.


Section 1.

Minnesota Statutes 2018, section 121A.21, is amended to read:


(a) Every school board must provide services to promote the health of its pupils.

(b) The board of a district with 1,000 pupils or more in average daily membership in
early childhood family education, preschool disabled, elementary, and secondary programs
must comply with the requirements of this paragraph. It may use one or a combination of
the following methods:

(1) employ personnel, including at least one full-time equivalent licensed school nurse;

(2) contract with a public or private health organization or another public agency for
personnel during the regular school year, determined appropriate by the board, who are
currently licensed under chapter 148 and who are certified public health nurses; or

(3) enter into another arrangement approved by the commissioner.

new text begin (c) A school district must allow a private nurse to accompany a pupil on school grounds
and in school activities during the regular school day if the pupil's need for a private nurse
is documented by a physician's order or note, with the following requirements:
new text end

new text begin (1) the school district and nurse may enter into agreements as necessary to establish
mutual expectations of the nurse's conduct in the school environment;
new text end

new text begin (2) the addition of a private nurse in the classroom must not exceed the room's capacity,
impede a pupil's line of sight, or impact a pupil's access to instruction;
new text end

new text begin (3) the nurse has a license issued by the Board of Nursing and has complied with school
district policies relating to adult visitors or volunteers, including a policy requiring a
background check. If the district requires a background check, the student's parent must
provide the results of a background check conducted within the previous three years or
provide the district with payment for the cost of a background check under section 123B.03;
new text end

new text begin (4) a private nurse does not change a school district's health services or other requirements
under state or federal law.
new text end

Sec. 2.

Minnesota Statutes 2018, section 125A.08, is amended to read:


(a) At the beginning of each school year, each school district shall have in effect, for
each child with a disability, an individualized education program.

(b) As defined in this section, every district must ensure the following:

(1) all students with disabilities are provided the special instruction and services which
are appropriate to their needs. Where the individualized education program team has
determined appropriate goals and objectives based on the student's needs, including the
extent to which the student can be included in the least restrictive environment, and where
there are essentially equivalent and effective instruction, related services, or assistive
technology devices available to meet the student's needs, cost to the district may be among
the factors considered by the team in choosing how to provide the appropriate services,
instruction, or devices that are to be made part of the student's individualized education
program. The individualized education program team shall consider and may authorize
services covered by medical assistance according to section 256B.0625, subdivision 26.
Before a school district evaluation team makes a determination of other health disability
under Minnesota Rules, part 3525.1335, subparts 1 and 2, item A, subitem (1), the evaluation
team must seek written documentation of the student's medically diagnosed chronic or acute
health condition signed by a licensed physician or a licensed health care provider acting
within the scope of the provider's practice. The student's needs and the special education
instruction and services to be provided must be agreed upon through the development of
an individualized education program. The program must address the student's need to develop
skills to live and work as independently as possible within the community. The individualized
education program team must consider positive behavioral interventions, strategies, and
supports that address behavior needs for children. During grade 9, the program must address
the student's needs for transition from secondary services to postsecondary education and
training, employment, community participation, recreation, and leisure and home living. In
developing the program, districts must inform parents of the full range of transitional goals
and related services that should be considered. The program must include a statement of
the needed transition services, including a statement of the interagency responsibilities or
linkages or both before secondary services are concluded. If the individualized education
program meets the plan components in section 120B.125, the individualized education
program satisfies the requirement and no additional transition plan is needed;

(2) children with a disability under age five and their families are provided special
instruction and services appropriate to the child's level of functioning and needs;

(3) children with a disability and their parents or guardians are guaranteed procedural
safeguards and the right to participate in decisions involving identification, assessment
including assistive technology assessment, and educational placement of children with a

(4) eligibility and needs of children with a disability are determined by an initial
evaluation or reevaluation, which may be completed using existing data under United States
Code, title 20, section 33, et seq.;

(5) to the maximum extent appropriate, children with a disability, including those in
public or private institutions or other care facilities, are educated with children who are not
disabled, and that special classes, separate schooling, or other removal of children with a
disability from the regular educational environment occurs only when and to the extent that
the nature or severity of the disability is such that education in regular classes with the use
of supplementary services cannot be achieved satisfactorily;

(6) in accordance with recognized professional standards, testing and evaluation materials,
and procedures used for the purposes of classification and placement of children with a
disability are selected and administered so as not to be racially or culturally discriminatory;

(7) the rights of the child are protected when the parents or guardians are not known or
not available, or the child is a ward of the state.

(c) For all paraprofessionals employed to work in programs whose role in part is to
provide direct support to students with disabilities, the school board in each district shall
ensure that:

(1) before or beginning at the time of employment, each paraprofessional must develop
sufficient knowledge and skills in emergency procedures, building orientation, roles and
responsibilities, confidentiality, vulnerability, and reportability, among other things, to begin
meeting the needs, especially disability-specific and behavioral needs, of the students with
whom the paraprofessional works;

(2) annual training opportunities are required to enable the paraprofessional to continue
to further develop the knowledge and skills that are specific to the students with whom the
paraprofessional works, including understanding disabilities, the unique and individual
needs of each student according to the student's disability and how the disability affects the
student's education and behavior, following lesson plans, and implementing follow-up
instructional procedures and activities; and

(3) a districtwide process obligates each paraprofessional to work under the ongoing
direction of a licensed teacher and, where appropriate and possible, the supervision of a
school nurse.

new text begin (d) A school district may conduct a functional behavioral assessment as defined in
Minnesota Rules, part 3525.0210, subpart 22, as a stand-alone evaluation without conducting
a comprehensive evaluation of the student. A parent may request a school district to conduct
a comprehensive evaluation.
new text end

Sec. 3.

Minnesota Statutes 2018, section 125A.50, subdivision 1, is amended to read:

Subdivision 1.

Commissioner approval.

The commissioner may approve applications
from districts initiating or significantly changing a program to provide prevention services
as an alternative to special education and other compensatory programs. A district with an
approved program may provide instruction and services in a regular education classroom,
or an area learning center, to eligible pupils. Pupils eligible to participate in the program
are pupils who need additional academic or behavioral support to succeed in the general
education environment and who may eventually qualify for special education instruction
or related services under sections 125A.03 to 125A.24 and 125A.65 if the intervention
services authorized by this section were unavailable. new text beginA pupil with disabilities, as defined
under sections 125A.03 to 125A.24 and 125A.65, whose individualized education program
(IEP) team has determined that they do not require special education services in the area of
the district's approved program, may participate in the approved program so long as they
do not cause an increase in costs for the program or displace a student who does not currently
have a disability.
new text endPupils may be provided services during extended school days and
throughout the entire year and through the assurance of mastery program under sections
125A.03 to 125A.24 and 125A.65.