SF 748

3rd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; providing for approval of 
  1.3             education programs; appropriating money; amending 
  1.4             Minnesota Statutes 1998, sections 241.021, subdivision 
  1.5             1; and 245A.04, by adding a subdivision; proposing 
  1.6             coding for new law in Minnesota Statutes, chapter 125A.
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [125A.515] [PLACEMENT OF CHILDREN WITHOUT 
  1.9   DISABILITIES; APPROVAL OF EDUCATION PROGRAM.] 
  1.10     The commissioner shall approve education programs in care 
  1.11  and treatment facilities for placement of children without 
  1.12  disabilities, including detention centers, before being licensed 
  1.13  by the department of human services or the department of 
  1.14  corrections. 
  1.15     Sec. 2.  Minnesota Statutes 1998, section 241.021, 
  1.16  subdivision 1, is amended to read: 
  1.17     Subdivision 1.  [SUPERVISION OVER CORRECTIONAL 
  1.18  INSTITUTIONS.] (1) The commissioner of corrections shall inspect 
  1.19  and license all correctional facilities throughout the state, 
  1.20  whether public or private, established and operated for the 
  1.21  detention and confinement of persons detained or confined 
  1.22  therein according to law except to the extent that they are 
  1.23  inspected or licensed by other state regulating agencies.  The 
  1.24  commissioner shall promulgate pursuant to chapter 14, rules 
  1.25  establishing minimum standards for these facilities with respect 
  1.26  to their management, operation, physical condition, and the 
  2.1   security, safety, health, treatment, and discipline of persons 
  2.2   detained or confined therein.  Commencing September 1, 1980, no 
  2.3   individual, corporation, partnership, voluntary association, or 
  2.4   other private organization legally responsible for the operation 
  2.5   of a correctional facility may operate the facility unless 
  2.6   licensed by the commissioner of corrections.  The commissioner 
  2.7   shall review the correctional facilities described in this 
  2.8   subdivision at least once every biennium, except as otherwise 
  2.9   provided herein, to determine compliance with the minimum 
  2.10  standards established pursuant to this subdivision.  The 
  2.11  commissioner shall grant a license to any facility found to 
  2.12  conform to minimum standards or to any facility which, in the 
  2.13  commissioner's judgment, is making satisfactory progress toward 
  2.14  substantial conformity and the interests and well-being of the 
  2.15  persons detained or confined therein are protected.  The 
  2.16  commissioner may grant licensure up to two years.  The 
  2.17  commissioner shall have access to the buildings, grounds, books, 
  2.18  records, staff, and to persons detained or confined in these 
  2.19  facilities.  The commissioner may require the officers in charge 
  2.20  of these facilities to furnish all information and statistics 
  2.21  the commissioner deems necessary, at a time and place designated 
  2.22  by the commissioner.  The commissioner may require that any or 
  2.23  all such information be provided through the department of 
  2.24  corrections detention information system.  The education program 
  2.25  offered in a correctional facility for the detention or 
  2.26  confinement of juvenile offenders must be approved by the 
  2.27  commissioner of children, families, and learning before the 
  2.28  commissioner of corrections may grant a license to the facility. 
  2.29     (2) Any state agency which regulates, inspects, or licenses 
  2.30  certain aspects of correctional facilities shall, insofar as is 
  2.31  possible, ensure that the minimum standards it requires are 
  2.32  substantially the same as those required by other state agencies 
  2.33  which regulate, inspect, or license the same aspects of similar 
  2.34  types of correctional facilities, although at different 
  2.35  correctional facilities. 
  2.36     (3) Nothing in this section shall be construed to limit the 
  3.1   commissioner of corrections' authority to promulgate rules 
  3.2   establishing standards of eligibility for counties to receive 
  3.3   funds under sections 401.01 to 401.16, or to require counties to 
  3.4   comply with operating standards the commissioner establishes as 
  3.5   a condition precedent for counties to receive that funding. 
  3.6      (4) When the commissioner finds that any facility described 
  3.7   in clause (1), except foster care facilities for delinquent 
  3.8   children and youth as provided in subdivision 2, does not 
  3.9   substantially conform to the minimum standards established by 
  3.10  the commissioner and is not making satisfactory progress toward 
  3.11  substantial conformance, the commissioner shall promptly notify 
  3.12  the chief executive officer and the governing board of the 
  3.13  facility of the deficiencies and order that they be remedied 
  3.14  within a reasonable period of time.  The commissioner may by 
  3.15  written order restrict the use of any facility which does not 
  3.16  substantially conform to minimum standards to prohibit the 
  3.17  detention of any person therein for more than 72 hours at one 
  3.18  time.  When, after due notice and hearing, the commissioner 
  3.19  finds that any facility described in this subdivision, except 
  3.20  county jails and lockups as provided in sections 641.26, 642.10, 
  3.21  and 642.11, does not conform to minimum standards, or is not 
  3.22  making satisfactory progress toward substantial compliance 
  3.23  therewith, the commissioner may issue an order revoking the 
  3.24  license of that facility.  After revocation of its license, that 
  3.25  facility shall not be used until its license is renewed.  When 
  3.26  the commissioner is satisfied that satisfactory progress towards 
  3.27  substantial compliance with minimum standard is being made, the 
  3.28  commissioner may, at the request of the appropriate officials of 
  3.29  the affected facility supported by a written schedule for 
  3.30  compliance, grant an extension of time for a period not to 
  3.31  exceed one year. 
  3.32     (5) As used in this subdivision, "correctional facility" 
  3.33  means any facility, including a group home, having a residential 
  3.34  component, the primary purpose of which is to serve persons 
  3.35  placed therein by a court, court services department, parole 
  3.36  authority, or other correctional agency having dispositional 
  4.1   power over persons charged with, convicted, or adjudicated to be 
  4.2   guilty or delinquent. 
  4.3      Sec. 3.  Minnesota Statutes 1998, section 245A.04, is 
  4.4   amended by adding a subdivision to read: 
  4.5      Subd. 11.  [EDUCATION PROGRAM; ADDITIONAL REQUIREMENT.] The 
  4.6   education program offered in a residential or nonresidential 
  4.7   program, except for child care, foster care, or services for 
  4.8   adults, must be approved by the commissioner of children, 
  4.9   families, and learning before the commissioner of human services 
  4.10  may grant a license to the program. 
  4.11     Sec. 4.  [RECOMMENDATIONS FOR A SYSTEM TO APPROVE EDUCATION 
  4.12  PROGRAMS SERVING CHILDREN AT CARE AND TREATMENT FACILITIES.] 
  4.13     Subdivision 1.  [TASK FORCE MEMBERSHIP.] The commissioner 
  4.14  of children, families, and learning shall convene a task force 
  4.15  to make recommendations on a system to approve education 
  4.16  programs serving children at care and treatment facilities, 
  4.17  including detention facilities.  The task force shall be chaired 
  4.18  by a representative of the department of children, families, and 
  4.19  learning and, at a minimum, must include representatives from 
  4.20  each of the following organizations:  the department of human 
  4.21  services, the department of corrections, the Minnesota school 
  4.22  boards association, the Minnesota association of school 
  4.23  administrators, Education Minnesota, association of Minnesota 
  4.24  counties, Minnesota county attorney association, conference of 
  4.25  chief judges, and the Minnesota council of child caring agencies.
  4.26     By February 1, 2000, the commissioner shall submit the task 
  4.27  force's recommendations to the education committees of the 
  4.28  legislature.  The task force sunsets on February 1, 2000.  
  4.29     Subd. 2.  [RECOMMENDATIONS TO THE COMMISSIONER OF CHILDREN, 
  4.30  FAMILIES, AND LEARNING.] The task force shall consider the 
  4.31  following in making recommendations to the department of 
  4.32  children, families, and learning to implement a system to 
  4.33  approve education programs serving children at care and 
  4.34  treatment facilities, including detention facilities: 
  4.35     (1) minimal education standards consistent with state 
  4.36  graduation requirements that meet the individual needs of 
  5.1   children ages 6 to 21 served at care and treatment facilities, 
  5.2   unless the child has withdrawn from school or has received a 
  5.3   diploma; 
  5.4      (2) minimal average daily hour of education instruction; 
  5.5      (3) that state-approved education programs will employ or 
  5.6   contract with licensed teachers or community experts as defined 
  5.7   by the state board of teaching; 
  5.8      (4) how the education program will work together with the 
  5.9   district that the facility is located in and the district of 
  5.10  residence to provide or contract for education services when 
  5.11  possible; 
  5.12     (5) uniform educational assessment and screening procedures 
  5.13  to be used at the care and treatment facility before the child's 
  5.14  educational program can begin; 
  5.15     (6) that educational plans, based on the assessment of the 
  5.16  child, will be used to determine the educational services for 
  5.17  the child placed in a care and treatment facility; 
  5.18     (7) appropriate and consistent educational services to be 
  5.19  implemented related to the type of facility and placement of the 
  5.20  child; 
  5.21     (8) the level of monitoring and enforcement by the 
  5.22  department of children, families, and learning to ensure the 
  5.23  necessary oversight of the educational program; 
  5.24     (9) uniform procedures for transferring student records, 
  5.25  which are consistent with state and federal data practices laws; 
  5.26     (10) how the educational needs of the child will be 
  5.27  considered in the placement of the child; 
  5.28     (11) appropriate timelines for the department of children, 
  5.29  families, and learning to approve initial and continuing 
  5.30  education programs; and 
  5.31     (12) whether separate requirements are needed for 
  5.32  facilities that provide education services through the school 
  5.33  district and for facilities that provide educational services 
  5.34  without the assistance of a school district. 
  5.35     Sec. 5.  [APPROPRIATIONS.] 
  5.36     Subdivision 1.  [DEPARTMENT OF CHILDREN, FAMILIES, AND 
  6.1   LEARNING.] The sums indicated in this section are appropriated 
  6.2   from the general fund to the department of children, families, 
  6.3   and learning for the fiscal years designated. 
  6.4      Subd. 2.  [STATE APPROVAL OF EDUCATION PROGRAMS AT CARE AND 
  6.5   TREATMENT FACILITIES.] For developing and implementing a system 
  6.6   to approve education programs at care and treatment facilities: 
  6.7        $.......     .....     2000
  6.8      Sec. 6.  [EFFECTIVE DATE.] 
  6.9      Sections 1, 2, and 3 are effective July 1, 2000.