SF 920

as introduced - 93rd Legislature (2023 - 2024) Posted on 01/31/2023 08:09am

A bill for an act
relating to education finance; creating due process special education aid for school
districts; appropriating money; amending Minnesota Statutes 2022, section
122A.50.

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

Section 1.

Minnesota Statutes 2022, section 122A.50, is amended to read:

122A.50 PREPARATION TIME.

new text begin Subdivision 1. new text end

new text begin Preparation time. new text end

Beginning with agreements effective July 1, 1995,
and thereafter, all collective bargaining agreements for teachers provided for under chapter
179A, must include provisions for preparation time or a provision indicating that the parties
to the agreement chose not to include preparation time in the contract.

If the parties cannot agree on preparation time the following provision shall apply and
be incorporated as part of the agreement: "Within the student day for every 25 minutes of
classroom instructional time, a minimum of five additional minutes of preparation time
shall be provided to each licensed teacher. Preparation time shall be provided in one or two
uninterrupted blocks during the student day. Exceptions to this may be made by mutual
agreement between the district and the exclusive representative of the teachers."

new text begin Subd. 2. new text end

new text begin Due process forms and procedure time. new text end

new text begin (a) Beginning with the 2023-2024
school year, a school district must use the revenue under this subdivision to provide time
for teachers to complete due process forms and procedures in accordance with the plan
developed under paragraph (c). This time is in addition to the preparation time under
subdivision 1. For purposes of this subdivision, "school district" includes a charter school
where teachers have an exclusive representative for purposes of collective bargaining.
new text end

new text begin (b) For fiscal year 2024, the due process revenue for a school district is equal to $116
times the adjusted pupil units for the current fiscal year. For fiscal year 2024, the due process
revenue for a school district that is a member of an intermediate school district or other
cooperative unit that enrolls students is equal to $33 times the adjusted pupil units for the
current fiscal year. For fiscal year 2025 and later, the due process revenue for a school
district equals $65 times the adjusted pupil units for the current fiscal year. For fiscal year
2025 and later, the due process revenue for a school district that is a member of an
intermediate school district or other cooperative unit that enrolls students equals $13 times
the adjusted pupil units for the current fiscal year. If a district is a member of more than one
cooperative unit that enrolls students, the revenue must be allocated among the cooperative
units.
new text end

new text begin (c) A district must meet and negotiate an agreement with the exclusive representative
of teachers in the district containing a plan to use the revenue authorized under this
subdivision. The plan must provide teachers that provide direct services to students with
individualized education programs or individualized family services plans time to complete
due process forms and procedures. Examples of allowed uses for the revenue include:
new text end

new text begin (1) 175 hours of paid time for each teacher providing direct special education services,
with the time paid at a rate proportional to the teacher's annual salary, in addition to the
wages provided under applicable collective bargaining agreements and memoranda between
the school board and exclusive representative of teachers;
new text end

new text begin (2) the costs of necessary substitute teachers;
new text end

new text begin (3) innovative flexible learning days or weeks that provide teachers time during the
regularly scheduled duty day to complete forms and procedures; and
new text end

new text begin (4) due process clerks or other staff dedicated to assisting teachers with due process
forms and procedures.
new text end

new text begin (d) If the district and exclusive representative cannot reach agreement on a plan to use
the revenue, the agreement must require the revenue to be used for the use identified in
paragraph (c), clause (1). The parties may agree to reduce the number of paid hours if they
agree on another use for the revenue, including another use identified in paragraph (c).
new text end

Sec. 2. new text begin APPROPRIATIONS; SPECIAL EDUCATION DUE PROCESS AID.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sums indicated in this section are
appropriated from the general fund to the Department of Education in the fiscal years
designated.
new text end

new text begin Subd. 2. new text end

new text begin Due process aid. new text end

new text begin For special education teacher due process aid under Minnesota
Statutes, section 122A.50, not otherwise reimbursed as special education aid:
new text end

	new text begin $ new text end	new text begin ....... new text end	new text begin ..... new text end	new text begin 2024 new text end
	new text begin $ new text end	new text begin ....... new text end	new text begin ..... new text end	new text begin 2025 new text end