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HF 361

as introduced - 88th Legislature (2013 - 2014) Posted on 03/20/2013 03:30pm

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

Bill Text Versions

Engrossments
Introduction Posted on 02/04/2013

Current Version - as introduced

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A bill for an act
relating to education; providing education in care and treatment settings;
appropriating money; amending Minnesota Statutes 2012, sections 124D.68,
subdivision 2; 125A.11, subdivision 2; 125A.20; 125A.51; 125A.515,
subdivision 1; 125A.75, subdivision 3; 126C.05, subdivision 1; 245.4871,
subdivision 10; proposing coding for new law as Minnesota Statutes, chapter
125E; repealing Minnesota Statutes 2012, sections 125A.11; 125A.15; 125A.515,
subdivisions 3, 3a, 4, 5, 6, 7, 8, 9, 10; 125A.52.

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

Section 1.

Minnesota Statutes 2012, section 124D.68, subdivision 2, is amended to read:


Subd. 2.

Eligible pupils.

A pupil under the age of 21 or who meets the requirements
of section 120A.20, subdivision 1, paragraph (c), is eligible to participate in the graduation
incentives program, if the pupil:

(1) performs substantially below the performance level for pupils of the same age
in a locally determined achievement test;

(2) is behind in satisfactorily completing coursework or obtaining credits for
graduation;

(3) is pregnant or is a parent;

(4) has been assessed as chemically dependent;

(5) has been excluded or expelled according to sections 121A.40 to 121A.56;

(6) has been referred by a school district for enrollment in an eligible program or
a program pursuant to section 124D.69;

(7) is a victim of physical or sexual abuse;

(8) has experienced mental health problems;

(9) has experienced homelessness sometime within six months before requesting a
transfer to an eligible program;

(10) speaks English as a second language or is an English learner; deleted text beginor
deleted text end

(11) has withdrawn from school or has been chronically truant; deleted text beginor
deleted text end

(12) new text beginhas been admitted to a care and treatment program; or
new text end

new text begin (13) new text endis being treated in a hospital in the seven-county metropolitan area for cancer or
other life threatening illness or is the sibling of an eligible pupil who is being currently
treated, and resides with the pupil's family at least 60 miles beyond the outside boundary
of the seven-county metropolitan area.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fiscal year 2014 and later.
new text end

Sec. 2.

Minnesota Statutes 2012, section 125A.11, subdivision 2, is amended to read:


Subd. 2.

Nonresident transportation.

When a district provides instruction and
services in anew text begin mental healthnew text end day new text begintreatment new text endprogram outside the new text beginresident new text enddistrict deleted text beginof residencedeleted text end,
the new text beginresident new text enddistrict deleted text beginof residencedeleted text end is responsible for providing transportation. When a
district provides instruction and services requiring board and lodging or placement
in a residential program outside the new text beginresident new text enddistrict deleted text beginof residencedeleted text end, the deleted text beginnonresident
deleted text endnew text begin providingnew text end district deleted text beginin which the child is placeddeleted text end is responsible for providing transportation.
Transportation costs shall be paid by the district responsible for providing transportation
and the state shall pay transportation aid to that district.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fiscal year 2014 and later.
new text end

Sec. 3.

Minnesota Statutes 2012, section 125A.20, is amended to read:


125A.20 TRANSPORTATION AID AGREEMENTS.

Notwithstanding the provisions of sections 125A.11, 125A.14, and 125A.15, when a
child receives special instruction and services in anew text begin mental healthnew text end day new text begintreatment new text endprogram
outside the resident district, the resident district and the deleted text beginnonresidentdeleted text endnew text begin providingnew text end district
deleted text beginwhere the child is placeddeleted text end may enter into an agreement deleted text beginprovidingdeleted text end for the deleted text beginnonresident
deleted text endnew text begin providingnew text end district to pay the cost of any particular transportation categories specified in
section 123B.92, subdivision 1, and claim transportation aid for those categories. In this
case, the deleted text beginnonresidentdeleted text endnew text begin providingnew text end district may not obtain any payment from the resident
district for the categories covered by the agreement.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fiscal year 2014 and later.
new text end

Sec. 4.

Minnesota Statutes 2012, section 125A.51, is amended to read:


125A.51 PLACEMENT OF CHILDREN WITHOUT DISABILITIES;
EDUCATION AND TRANSPORTATION.

deleted text begin The responsibility for providing instruction and transportation for a pupil without a
disability who has a short-term or temporary physical or emotional illness or disability, as
determined by the standards of the commissioner, and who is temporarily placed for care
and treatment for that illness or disability, must be determined as provided in this section.
deleted text end

deleted text begin (a) The school district of residence of the pupil is the district in which the pupil's
parent or guardian resides. If there is a dispute between school districts regarding
residency, the district of residence is the district designated by the commissioner.
deleted text end

deleted text begin (b) When parental rights have been terminated by court order, the legal residence
of a child placed in a residential or foster facility for care and treatment is the district in
which the child resides.
deleted text end

deleted text begin (c) Before the placement of a pupil for care and treatment, the district of residence
must be notified and provided an opportunity to participate in the placement decision.
When an immediate emergency placement is necessary and time does not permit
resident district participation in the placement decision, the district in which the pupil is
temporarily placed, if different from the district of residence, must notify the district
of residence of the emergency placement within 15 days of the placement. When a
nonresident district makes an emergency placement without first consulting with the
resident district, the resident district has up to five business days after receiving notice
of the emergency placement to request an opportunity to participate in the placement
decision, which the placing district must then provide.
deleted text end

deleted text begin (d) When a pupil without a disability is temporarily placed for care and treatment
in a day program and the pupil continues to live within the district of residence during
the care and treatment, the district of residence must provide instruction and necessary
transportation to and from the care and treatment program for the pupil. The resident
district may establish reasonable restrictions on transportation, except if a Minnesota court
or agency orders the child placed at a day care and treatment program and the resident
district receives a copy of the order, then the resident district must provide transportation
to and from the program unless the court or agency orders otherwise. Transportation shall
only be provided by the resident district during regular operating hours of the resident
district. The resident district may provide the instruction at a school within the district of
residence, at the pupil's residence, or in the case of a placement outside of the resident
district, in the district in which the day treatment program is located by paying tuition to
that district. The district of placement may contract with a facility to provide instruction
by teachers licensed by the state Board of Teaching.
deleted text end

deleted text begin (e) When a pupil without a disability is temporarily placed in a residential program
for care and treatment, the district in which the pupil is placed must provide instruction
for the pupil and necessary transportation while the pupil is receiving instruction, and in
the case of a placement outside of the district of residence, the nonresident district must
bill the district of residence for the actual cost of providing the instruction for the regular
school year and for summer school, excluding transportation costs.
deleted text end

deleted text begin (f) Notwithstanding paragraph (e),deleted text end If the pupil is homeless and placed in a public or
private homeless shelter, then the district that enrolls the pupil under section deleted text begin127A.47,
deleted text endnew text begin 120A.20,new text end subdivision 2
, shall provide the transportation, unless the district that enrolls
the pupil and the district in which the pupil is temporarily placed agree that the district
in which the pupil is temporarily placed shall provide transportation. When a pupil
without a disability is temporarily placed in a residential program outside the district of
residence, the administrator of the court placing the pupil must send timely written notice
of the placement to the district of residence. The district of placement may contract with
a residential facility to provide instruction by teachers licensed by the state Board of
Teaching. For purposes of this section, the state correctional facilities operated on a
fee-for-service basis are considered to be residential programs for care and treatment.

deleted text begin (g) The district of residence must include the pupil in its residence count of pupil
units and pay tuition as provided in section 123A.488 to the district providing the
instruction. Transportation costs must be paid by the district providing the transportation
and the state must pay transportation aid to that district. For purposes of computing state
transportation aid, pupils governed by this subdivision must be included in the disabled
transportation category if the pupils cannot be transported on a regular school bus route
without special accommodations.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fiscal year 2014 and later.
new text end

Sec. 5.

Minnesota Statutes 2012, section 125A.515, subdivision 1, is amended to read:


Subdivision 1.

Approval of education programs.

The commissionernew text begin, at the
request of state agency staff or a program provider,
new text end shall approve new text beginor disapprove new text endon-site
education programs deleted text beginfor placement of children and youth in residential facilities including
deleted text endnew text begin in residential programs such asnew text end detention centers, deleted text beginbefore beingdeleted text endnew text begin secure programs, and
residential treatment programs that provide integrated education and treatment activities
throughout the day, are
new text end licensed by the Department of Human Services or the Department
of Correctionsdeleted text begin. Education programs in these facilities shalldeleted text endnew text begin, andnew text end conform to state and
federal education laws including the Individuals with Disabilities Education Act (IDEA).
This section applies only to placements in facilities licensed by the Department of Human
Services or the Department of Corrections. For purposes of this section, "on-site education
program" means the educational services provided directly on the grounds of the care and
treatment facility to children and youth placed for care and treatment.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fiscal year 2014 and later.
new text end

Sec. 6.

Minnesota Statutes 2012, section 125A.75, subdivision 3, is amended to read:


Subd. 3.

Full state payment.

The state must pay each district the actual cost
incurred in providing instruction and services for a child whose district of residence has
been determined by section 125A.17 or deleted text begin125A.51deleted text endnew text begin 120A.20, subdivision 2new text end, paragraph (b),
and who is temporarily placed in a state institution, a licensed residential facility, or foster
facility for care and treatment. The regular education program at the facility must be an
approved program according to section 125A.515.

Upon following the procedure specified by the commissioner, the district may bill
the state the actual cost incurred in providing the services including transportation costs
and a proportionate amount of capital expenditures and debt service, minus the amount of
the basic revenue, as defined in section 126C.10, subdivision 2, of the district for the child
and the special education aid, transportation aid, and any other aid earned on behalf of the
child. The limit in subdivision 2 applies to aid paid pursuant to this subdivision.

To the extent possible, the commissioner shall obtain reimbursement from another
state for the cost of serving any child whose parent or guardian resides in that state. The
commissioner may contract with the appropriate authorities of other states to effect
reimbursement. All money received from other states must be paid to the state treasury
and placed in the general fund.

Sec. 7.

new text begin [125E.01] CHILDREN IN CARE AND TREATMENT.
new text end

new text begin Sections 125E.01 to 125E.08 may be cited as the "Education in Care and Treatment
Settings Act."
new text end

Sec. 8.

new text begin [125E.02] DEFINITIONS.
new text end

new text begin (a) For purposes of this section and sections 125E.03 to 125E.08, the terms defined
in this section have the meanings given them.
new text end

new text begin (b) "Care and treatment program" means a mental health day treatment program or a
residential program under paragraph (d), (f), (g), (h), (j), (k), (l), or (m) that a child attends
for a short term of up to 30 days or a long term of more than 30 days.
new text end

new text begin (c) "Chemical dependency treatment services" means therapeutic and treatment
services provided to alter a child's pattern of harmful chemical use.
new text end

new text begin (d) "Correctional program services" means any program or activity using
treatment services, consequences, and discipline to control or modify a child's behavior.
Correctional program services are available to children from the ages of ten through 20
years, and to children placed by a court, court services department, parole authority, or
other correctional agency having dispositional power over children who are charged and
convicted or adjudicated guilty or delinquent.
new text end

new text begin (e) "Flexible school calendar" means an education program aligned with a care and
treatment setting schedule that is available throughout a 12-month period and consistent
with section 125E.05.
new text end

new text begin (f) "Mental health day treatment program" means a structured care and treatment
program provided to a child under section 245.4871, subdivision 10, or 256B.0943.
new text end

new text begin (g) "Mental health treatment services" means therapeutic services and activities
provided to a child with an emotional or severe emotional disturbance to care for and treat
the child's mental illness.
new text end

new text begin (h) "Partial hospitalization" or "partial hospitalization program" means a time-limited,
structured program of psychotherapy and other therapeutic services defined in rule.
new text end

new text begin (i) "Providing district" means the school district or charter school in which a child's
care and treatment program is located.
new text end

new text begin (j) "Residential program" means a 24-hour-a-day program that provides care,
supervision, meals, lodging, rehabilitation, training, education, habilitation, or treatment
to a child outside the child's home as defined in Minnesota Rules, chapter 2960.
new text end

new text begin (k) "Secure detention facility" means a physically restrictive facility, including but
not limited to a jail, hospital, state institution, residential treatment center, or detention
home used for the temporary care of a child pending court action.
new text end

new text begin (l) "Shelter" means a licensed facility providing temporary safe placement for a
child who cannot stay at home.
new text end

new text begin (m) "Subacute psychiatric care for persons under 21 years of age" means short-term
psychiatric services available to a child under section 256B.0625, subdivision 45.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fiscal year 2014 and later.
new text end

Sec. 9.

new text begin [125E.03] EDUCATING CHILDREN IN CARE AND TREATMENT
PROGRAMS.
new text end

new text begin Subdivision 1. new text end

new text begin Education services required. new text end

new text begin (a) Education services are available to
a child in a care and treatment program. The providing district is responsible for the child's
education services, including the services in the child's individualized education program.
new text end

new text begin (b) A providing district must make education services available to a child within three
days after the child enters a care and treatment program. The district may use the first four
days of the child's placement in the program to assess the child's education and safety needs.
new text end

new text begin (c) A district must provide regular education services to a child who does not receive
special education services.
new text end

new text begin (d) When a district provides an education program in a care and treatment program,
the school board of the district may enter into an agreement with the care and treatment
program to provide education services or sign a memorandum of understanding with
the facility's program director indicating that facility staff are qualified to provide
the education program within the therapeutic environment. The memorandum of
understanding may be used to:
new text end

new text begin (1) recruit, train, and supervise education program staff;
new text end

new text begin (2) contract with an intermediate district, alternative school, or other entity approved
by the commissioner to provide education services; or
new text end

new text begin (3) provide the education services.
new text end

new text begin Subd. 2. new text end

new text begin Commissioner approval. new text end

new text begin Consistent with section 125A.515, subdivision
1, the commissioner, at the request of state agency staff or a program provider, must
approve or disapprove the education portion of a residential program in a facility licensed
by the Department of Human Services or the Department of Corrections that provides
integrated education and treatment activities throughout the day and conforms with state
and federal education laws.
new text end

new text begin Subd. 3. new text end

new text begin Notice to resident district. new text end

new text begin The district providing education services to a
child placed in a care and treatment program must notify the child's resident district of the
child's placement in the program within three days of the placement.
new text end

new text begin Subd. 4. new text end

new text begin Coordinating a child's transition to another district. new text end

new text begin When a district
providing a care and treatment program discharges a child and the child enrolls in another
district, the providing district must coordinate the discharge with the enrolling district.
new text end

new text begin Subd. 5. new text end

new text begin Educating children in care and treatment programs. new text end

new text begin (a) When a child is
placed in a care and treatment program with an on-site education program, the providing
district must contact the resident district within one day after receiving notice of the
child's placement to determine whether the child is identified as having a disability and,
if the child is a child with a disability, request at least the child's transcript and the most
recent individualized education program and evaluation report. The resident district must
transmit a facsimile copy of the transcript and the program and report to the providing
district within two days after receiving the request.
new text end

new text begin (b) For a child with an individualized education program placed under this section,
the providing district must conduct an individualized education program meeting to reach
an agreement about continuing or modifying the child's special education services, based
on the child's individualized education program goals and objectives, and to determine if
an additional evaluation is necessary. The person or agency placing the child, the resident
district, appropriate teachers and related services staff in the providing district, appropriate
staff from the residential facility, the child's parent or legal guardian, and, when
appropriate, the child, must participate in the individualized education program meeting.
new text end

new text begin (c) For a child who has not been identified as a child with a disability, the providing
district must screen the child's educational and behavioral needs as soon as practicable,
which includes reviewing the child's education records.
new text end

new text begin Subd. 6. new text end

new text begin Placement, services, and due process. new text end

new text begin (a) A providing district must
educate a child in a regular education setting to the extent appropriate. The child's parent
or legal guardian and the treatment and education staff jointly must determine the amount
of and site for the child's integrated services. Where applicable, the individualized
education program team in the providing district must make the educational placement
decisions, including providing education services to the child in the least restrictive
environment. The providing district and the care and treatment program staff shall develop
emergency discipline and behavior management procedures consistent with applicable
state and federal law.
new text end

new text begin (b) A providing district must ensure that a child placed in a care and treatment
program receives:
new text end

new text begin (1) necessary and appropriate education services, regardless of whether the child is
performing at grade level, as indicated by the child's individualized education program
or education records; and
new text end

new text begin (2) instruction during the school day equal in time to the instructional day in the
providing district unless, in consultation with treatment providers, the district determines
that the child's unique needs, as documented in the child's individualized education
program or education records, requires altering the structure or length of the instructional
day, which in no case may be less than one-half the amount of instructional time in a
school day in the providing district.
new text end

new text begin Subd. 7. new text end

new text begin Exit report summarizing educational progress. new text end

new text begin A providing district
must prepare an exit report for a child placed in a care and treatment program for 31
or more school days that summarizes the child's regular education, special education,
evaluation, educational progress, and service information. The district must transmit the
exit report to the resident district, the next providing district if it is another district, the
child's parent or legal guardian, and appropriate social service agencies. For children
with disabilities, the report must include the child's individualized education program.
For education programs operated by the Department of Corrections, the Department
of Corrections is the providing district. For children remanded to the commissioner of
corrections, the Department of Corrections is the providing and resident district.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fiscal year 2014 and later.
new text end

Sec. 10.

new text begin [125E.04] PLACEMENT IN A CARE AND TREATMENT PROGRAM.
new text end

new text begin School districts, courts, human services agencies, parents, licensed mental health
professionals, or medical practitioners may place a child in a care and treatment program
based on the child's individual needs, the type of care and treatment program, and the
ability of the program to immediately serve the child. A district not paying for a child's
care and treatment program may recommend a particular program but cannot require
the child to attend that program.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fiscal year 2014 and later.
new text end

Sec. 11.

new text begin [125E.05] FLEXIBLE SCHOOL CALENDAR.
new text end

new text begin A child in a care and treatment program is eligible for an education program under
a flexible school calendar. The providing district and the care and treatment program
provider must collaborate in establishing the flexible school calendar, which must be
available throughout a 12-month period and at least equal the amount of instructional time
available to students in the providing district, subject to section 125E.03, subdivision 6,
paragraph (b), clause (2).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fiscal year 2014 and later.
new text end

Sec. 12.

new text begin [125E.06] EDUCATION SERVICES FUND.
new text end

new text begin Subdivision 1. new text end

new text begin Care and treatment education fund. new text end

new text begin A care and treatment
education fund is established to pay the costs of educating children placed in care and
treatment programs for 31 or more school days. The department shall use a formula based
on actual education costs to reimburse a providing district. A district providing education
at a care and treatment program site shall not receive general education aid or special
education aid. A district providing education at a site other than the care and treatment
program site shall receive general education aid and special education aid. The resident
district is responsible for the costs of educating children placed in a care and treatment
program for up to 30 days. This fund does not affect the requirement to educate a child in
the least restrictive environment.
new text end

new text begin Subd. 2. new text end

new text begin Billing system. new text end

new text begin The commissioner, in cooperation with the commissioners
of human services and corrections, and with input from appropriate billing system users,
shall develop and implement a uniform billing system applicable to school districts and
other entities, including private providers, who provide education services for children
placed in a care and treatment setting. The uniform billing system must:
new text end

new text begin (1) allow service providers to bill districts using minimum district administration;
new text end

new text begin (2) allow districts to readily bill the state for regular and special education services
provided under law;
new text end

new text begin (3) provide flexibility for mental health day treatment and other services provided to
children placed in care and treatment programs;
new text end

new text begin (4) allow the commissioner to track service type, cost, and quality provided to
children placed in a care and treatment program;
new text end

new text begin (5) conform with existing special education and proposed regular education billing
procedures;
new text end

new text begin (6) provide a uniform per diem reporting standard; and
new text end

new text begin (7) determine allowable expenses and maximum reimbursement rates for state
reimbursement of services provided in a care and treatment setting.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fiscal year 2014 and later.
new text end

Sec. 13.

new text begin [125E.07] HOMELESS SHELTERS.
new text end

new text begin A district enrolling a homeless child under section 125A.51 who is in a public or
private homeless shelter shall provide transportation for that child, unless the enrolling
district and the providing district in which the pupil is temporarily placed agree that the
providing district shall provide transportation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fiscal year 2014 and later.
new text end

Sec. 14.

new text begin [125E.08] CARE AND TREATMENT; SPECIAL TRANSPORTATION
AID.
new text end

new text begin Subdivision 1. new text end

new text begin Special transportation state aid. new text end

new text begin A school district or charter school
required to provide transportation services to a child in a care and treatment program is
eligible for state aid equal to the actual amounts the district or charter school incurs for:
new text end

new text begin (1) contract transportation services provided to children in care and treatment settings;
new text end

new text begin (2) transportation services it provides;
new text end

new text begin (3) round-trip reimbursement for parents or guardians who provide transportation
for their children, where "round-trip reimbursement" means the rate per mile established
by the commissioner for parents' or guardians' trips between the child's residence and the
treatment facility;
new text end

new text begin (4) transporting up to three children to a facility outside district boundaries;
new text end

new text begin (5) transporting children receiving an education under a flexible school calendar;
new text end

new text begin (6) care and treatment program costs for transportation;
new text end

new text begin (7) transition from a residential facility to a regular education program, including
transporting children in transition back to their resident district; and
new text end

new text begin (8) prorated program costs.
new text end

new text begin Subd. 2. new text end

new text begin Nonresident transportation. new text end

new text begin Responsibility for providing resident students
with transportation to a mental health day treatment program or a residential treatment
program outside the district shall be as provided in section 125A.11, subdivision 2.
new text end

new text begin Subd. 3. new text end

new text begin Transportation aid agreements. new text end

new text begin Agreements for a providing district to
pay transportation costs for an eligible student in a mental health day treatment program
outside a resident district are governed by section 125A.20.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fiscal year 2014 and later.
new text end

Sec. 15.

Minnesota Statutes 2012, section 126C.05, subdivision 1, is amended to read:


Subdivision 1.

Pupil unit.

Pupil units for each Minnesota resident pupil under the
age of 21 or who meets the requirements of section 120A.20, subdivision 1, paragraph (c),
in average daily membership enrolled in the district of residence, in another district under
sections 123A.05 to 123A.08, 124D.03, 124D.08, or 124D.68; in a charter school under
section 124D.10; or for whom the resident district pays tuition under section 123A.18,
123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88, subdivision 4, 124D.04,
124D.05, 125A.03 to 125A.24, 125A.51, or 125A.65, shall be counted according to this
subdivision.

(a) A prekindergarten pupil with a disability who is enrolled in a program approved
by the commissioner and has an individualized education program is counted as the ratio
of the number of hours of assessment and education service to 825 times 1.25 with a
minimum average daily membership of 0.28, but not more than 1.25 pupil units.

(b) A prekindergarten pupil who is assessed but determined not to be disabled is
counted as the ratio of the number of hours of assessment service to 825 times 1.25.

(c) A kindergarten pupil with a disability who is enrolled in a program approved
by the commissioner is counted as the ratio of the number of hours of assessment and
education services required in the fiscal year by the pupil's individualized education
program to 875, but not more than one.

(d) A kindergarten pupil who is not included in paragraph (c) is counted as .612
pupil units.

(e) A pupil who is in any of grades 1 to 3 is counted as 1.115 pupil units for fiscal
year 2000 and thereafter.

(f) A pupil who is any of grades 4 to 6 is counted as 1.06 pupil units for fiscal
year 1995 and thereafter.

(g) A pupil who is in any of grades 7 to 12 is counted as 1.3 pupil units.

(h) A pupil who is in the postsecondary enrollment options program is counted
as 1.3 pupil units.

new text begin (i) A pupil in a mental health day treatment program or a residential treatment
facility under sections 125E.01 to 125E.08 is eligible for up to 300 additional hours of
service and is counted by the providing district, in addition to the amounts calculated in
paragraphs (a) to (h), as 1.3 pupil units times the lesser of one or the number of hours
served in a mental health day treatment program divided by 300.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fiscal year 2014 and later.
new text end

Sec. 16.

Minnesota Statutes 2012, section 245.4871, subdivision 10, is amended to read:


Subd. 10.

new text beginMental health new text endday treatment deleted text beginservicesdeleted text endnew text begin programnew text end.

deleted text begin"Day treatment," "day
treatment services," or "day treatment program"
deleted text endnew text begin "Mental health day treatment program"
new text end means a structured program of treatment and care provided to a child in:

(1) an outpatient hospital accredited by the Joint Commission on Accreditation of
Health Organizations and licensed under sections 144.50 to 144.55;

(2) a community mental health center under section 245.62;

(3) an entity deleted text beginthat isdeleted text end under contract with the county board to operate a program that
meets the requirements of section 245.4884, subdivision 2, and Minnesota Rules, parts
9505.0170 to 9505.0475; or

(4) an entity deleted text beginthat operatesdeleted text endnew text begin operatingnew text end a program that meets the requirements of section
245.4884, subdivision 2, and Minnesota Rules, parts 9505.0170 to 9505.0475, deleted text beginthat is
deleted text end under contract with an entity that is under contract with a county board.

new text begin A mental health new text endday treatment new text beginprogram new text endconsists of group psychotherapy and other
intensive therapeutic services deleted text beginthat aredeleted text end provided for a minimum two-hour time block by
a multidisciplinary staff under the clinical supervision of a mental health professional.
new text beginMental health new text endday treatment new text beginprograms new text endmay include education and consultation provided
to families and other individuals as an extension of the treatment process. The services
are aimed at stabilizing the child's mental health status, and developing and improving
the child's daily independent living and socialization skills. new text beginMental health new text endday treatment
deleted text beginservicesdeleted text endnew text begin programsnew text end are distinguished from day care by their structured therapeutic program
of psychotherapy services. deleted text beginDay treatmentdeleted text end Services new text beginprovided in a mental health day
treatment program
new text endare not a part of inpatient hospital or residential treatment services.

A new text beginservice provided in a mental health new text endday treatment deleted text beginservicedeleted text endnew text begin programnew text end must be
available to a child new text beginfor new text endup to 15 hours a week deleted text beginthroughout the yeardeleted text endnew text begin under a flexible school
calendar
new text end and must be coordinated deleted text beginwith,deleted text endnew text begin ornew text end integrated withdeleted text begin,deleted text end or part of an education program
offered by the child's school.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fiscal year 2014 and later.
new text end

Sec. 17. new text beginAPPROPRIATIONS.
new text end

new text begin $....... is appropriated in fiscal year 2014 and $....... is appropriated in fiscal year
2015 from the general fund to the commissioner of education for the purpose of the
education fund under Minnesota Statutes, section 125E.06, and special transportation state
aid under Minnesota Statutes, section 125E.08.
new text end

Sec. 18. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall make any cross-reference changes needed to reflect
the changes to law contained in this act.
new text end

Sec. 19. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, sections 125A.11; 125A.15; 125A.515, subdivisions 3, 3a,
4, 5, 6, 7, 8, 9, and 10; and 125A.52,
new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013.
new text end