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HF 965

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/25/2021 07:36pm

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

Bill Text Versions

Engrossments
Introduction Posted on 02/10/2021
1st Engrossment Posted on 03/22/2021

Current Version - 1st Engrossment

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A bill for an act
relating to education; requiring special education recovery services and support
plans for students with disabilities; providing for federal funds replacement of
appropriations; appropriating money.

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

Section 1. new text beginSPECIAL EDUCATION RECOVERY SERVICES AND SUPPORTS.
new text end

new text begin Subdivision 1. new text end

new text begin Special education recovery. new text end

new text begin The commissioner of education, school
districts, and charter schools must collaborate with families of students with disabilities as
provided in this section to address the impact of disruptions to in-person instruction on
students' access to a free appropriate public education related to the COVID-19 pandemic.
new text end

new text begin Subd. 2. new text end

new text begin Special education services and supports. new text end

new text begin (a) A school district or charter school
that serves one or more students with disabilities must invite the parents of a student with
a disability to a meeting of each individualized education program (IEP) team as soon as
practicable but no later than December 1, 2021, to determine whether special education
services and supports are necessary to address lack of progress on IEP goals or in the general
education curriculum or loss of learning or skills due to disruptions related to the COVID-19
pandemic. The services and supports may include but are not limited to extended school
year services, additional IEP services, compensatory services, or other appropriate services.
This meeting may occur in an annual or other regularly scheduled IEP meeting. If the IEP
team determines that the services and supports are necessary, the team shall determine what
services and supports are appropriate for the student and when and how those services
should be provided, in accordance with relevant guidance from the Minnesota Department
of Education and the United States Department of Education. The services and supports
must be included in the IEP of the student. A district or charter school must report to the
commissioner, in the form and manner determined by the commissioner, the services and
supports provided to students with disabilities under this section, including the cost of
providing the services.
new text end

new text begin (b) In determining whether a student is eligible for services and supports described in
paragraph (a), and what services and supports are appropriate for the student, the IEP team
must consider, in conjunction with any other considerations advised by guidance from the
Minnesota Department of Education or the United States Department of Education:
new text end

new text begin (1) services and supports provided to the student before the disruptions to in-person
instruction related to the COVID-19 pandemic;
new text end

new text begin (2) the ability of the student to access services and supports;
new text end

new text begin (3) the student's progress toward IEP goals, including the goals in the IEP in effect before
disruptions to in-person instruction related to the COVID-19 pandemic, and progress in the
general education curriculum;
new text end

new text begin (4) the student's regression or lost skills resulting from disruptions to instruction;
new text end

new text begin (5) other significant influences on the student's ability to participate in and benefit from
instruction related to the COVID-19 pandemic, including family loss, changed family
circumstances, other trauma, and illness; and
new text end

new text begin (6) the types of services and supports that would benefit the student and improve the
student's ability to benefit from school, including academic supports, behavioral supports,
mental health supports, related services, and other services and supports.
new text end

new text begin (c) When considering how and when the services and supports described in paragraph
(a) should be provided, the IEP team must take into account the timing and delivery method
most appropriate for the student, such as time of day, day of the week, or time of year; and
the availability of other services accessible to the student to address learning loss. The IEP
team may determine that providers in addition to school district or charter school staff are
most appropriate to provide the services and supports described in paragraph (a).
new text end

new text begin (d) A school district or charter school must make available the services and supports
included in an IEP, as described in paragraph (a), until the IEP team determines that services
and supports are no longer necessary to address lack of progress on IEP goals or in the
general education curriculum or loss of learning or skills due to disruptions related to the
COVID-19 pandemic.
new text end

new text begin Subd. 3. new text end

new text begin Appropriations; fiscal year 2021. new text end

new text begin $....... in fiscal year 2021 is appropriated
from the general fund to the commissioner of education to provide school districts, charter
schools, and cooperative districts funds to be used for services and supports provided to
students with disabilities under this section and to compensate staff for performing activities
required under this section. Funds appropriated under this subdivision are available until
June 30, 2023.
new text end

new text begin Subd. 4. new text end

new text begin Appropriations; fiscal years 2022 and 2023. new text end

new text begin $....... in fiscal year 2022 and
$....... in fiscal year 2023 are appropriated from the general fund to the commissioner of
education to provide school districts, charter schools, and cooperative districts funds to be
used for services and supports provided to students with disabilities under this section and
to compensate staff for performing activities required under this section. Funds appropriated
under this subdivision are available until June 30, 2023. The base for fiscal year 2024 and
later is $0.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2. new text beginFEDERAL FUNDS REPLACEMENT; APPROPRIATION.
new text end

new text begin Subdivision 1. new text end

new text begin Suspension of statutory appropriation. new text end

new text begin The appropriation in Minnesota
Statutes, section 4.07, subdivision 3, does not apply to any federal funds for COVID-19
received by the state of Minnesota between March 1, 2021, and June 30, 2023, for which
a general fund appropriation in this act is an eligible expenditure. Federal funding for which
this section applies shall not be used for any other purpose.
new text end

new text begin Subd. 2. new text end

new text begin Cancellation. new text end

new text begin If the state of Minnesota receives federal funds for COVID-19
between March 1, 2021, and June 30, 2023, for which any general fund appropriation enacted
in this act is an eligible expenditure, the commissioner must cancel the general fund
appropriation in this act in an amount up to, but not greater than, the amount appropriated
in this act. The commissioner may designate a portion of an appropriation for cancellation
if the federal funds are not sufficient to replace the entire general fund appropriation.
new text end

new text begin Subd. 3. new text end

new text begin Appropriation. new text end

new text begin Each amount canceled under subdivision 2 is appropriated
from the federal fund for the original purposes of the general fund appropriation in this act.
Any appropriation under this subdivision is a onetime appropriation.
new text end

new text begin Subd. 4. new text end

new text begin Expiration. new text end

new text begin This section does not apply to federal funds after the general fund
appropriations in this act have been canceled and federal funds have been appropriated for
the same purpose.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end