Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                        CHAPTER 240-H.F.No. 282 
           An act relating to education; declaring the purpose of 
          public education in Minnesota; changing the name of 
          and provisions about the Minnesota school for the deaf 
          and the Minnesota braille and sight saving school; 
          requiring annual development of two-year plans for the 
          academies; allowing for certain positions at the 
          academies to be in the unclassified service; amending 
          Minnesota Statutes 1984, sections 128A.01; 128A.02; 
          128A.03; and 128A.05; proposing coding for new law in 
          Minnesota Statutes, chapter 120. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [120.011] [PURPOSE STATEMENT.] 
    In accordance with the responsibility vested in the 
legislature in the Minnesota Constitution, article XIII, section 
1, the legislature declares that the purpose of public education 
in Minnesota is to help all individuals acquire knowledge, 
skills, and positive attitudes toward self and others that will 
enable them to solve problems, think creatively, continue 
learning, and develop maximum potential for leading productive, 
fulfilling lives in a complex and changing society. 
    Sec. 2.  Minnesota Statutes 1984, section 128A.01, is 
amended to read: 
    128A.01 [LOCATION.] 
    The Minnesota school state academy for the deaf and the 
Minnesota braille and sight-saving school state academy for the 
blind shall be continued at Faribault, and shall be grouped and 
classed with the educational institutions of the state. 
    Sec. 3.  Minnesota Statutes 1984, section 128A.02, is 
amended to read: 
    128A.02 [TRANSFER OF AUTHORITY STATE BOARD DUTIES AND 
POWERS.] 
    Subdivision 1.  The state board of education shall be is 
responsible for the control, management and administration of 
the Minnesota school state academy for the deaf and the 
Minnesota braille and sight-saving school state academy for the 
blind, and all the property real or personal appertaining 
thereto.  At the request of the state board, the department of 
education shall be responsible for program leadership, program 
monitoring, and technical assistance at the academies.  The 
department shall assist the state board in the preparation of 
reports. 
    Subd. 1a.  By July 1, 1986, the academies shall comply with 
the uniform financial accounting and reporting system under 
sections 121.90 to 121.917, subject to variances developed by 
the advisory council and adopted by the state board. 
    Subd. 2.  The state board may shall promulgate rules 
regarding the operation of both schools academies and the 
individuals in attendance, and shall perform all duties 
necessary to provide the most beneficial and least restrictive 
program of education for each child handicapped by visual 
disability or hearing impairment.  
    Subd. 2a.  The state board shall develop a two-year plan 
for the academies and update it annually.  The plan shall 
include at least the following:  
    (1) interagency cooperation;  
    (2) financial accounting;  
    (3) cost efficiencies;  
    (4) staff development;  
    (5) program and curriculum development;  
    (6) use of technical assistance from the department;  
    (7) criteria for program and staff evaluation;  
    (8) pupil performance evaluation;  
    (9) follow-up study of graduates;  
    (10) implementation of the requirements of chapter 128A; 
    (11) communication procedures with districts of pupils 
attending the academies; and 
    (12) coordination between the instructional and residential 
programs. 
     The state board shall submit the plan and recommendations 
for improvement to the education committees of the legislature 
by January 15 of each odd-numbered year.  
    Subd. 3.  The state board may employ central administrative 
staffs and other personnel as necessary to provide and support 
programs and services in each school academy.  The board may 
shall place the position of the residential school academy 
administrator in the unclassified service and may place any 
other position in the unclassified service if the position it 
meets the criteria established in section 43A.08, subdivision 
1a.  These schools shall be academies are deemed to be public 
schools for the purposes of sections 125.03 and 125.04, and all 
teachers as defined in those sections who are employed at 
these schools shall be academies are subject to the standards of 
the board of teaching and the state board of education; provided 
that any teacher who does not meet these standards as of July 1, 
1977 shall be required to meet these standards by September 15, 
1980 in order to continue in employment.  Instructional 
supervisory staff shall have appropriate post-secondary credits 
from a teacher education program for teachers of the deaf or 
blind and have experience in working with handicapped pupils. 
    Subd. 3a.  All staff employed by the academy for the deaf 
are required to have sign language communication skills, as 
applicable.  Staff employed by the academy for the blind must be 
knowledgeable in Braille communication, as applicable.  The 
department of employee relations, in cooperation with the state 
board, shall develop a statement of necessary qualifications and 
skills for all staff.  An employee hired after August 1, 1985 
shall not attain permanent status until the employee is 
proficient in sign language communication skills or is 
knowledgeable in Braille communication, as applicable. 
    Subd. 4. The state board may enter into contracts with 
other public and private agencies and institutions to provide 
residential and building maintenance services if it determines 
that these services could thus be provided in a more efficient 
and less expensive manner.  The state board may also enter into 
contracts with public and private agencies and institutions, 
school districts or combinations thereof, and educational 
cooperative service units to provide supplementary educational 
instruction and services, including assessments and counseling. 
    Subd. 5.  The state board of education may by agreement 
with teacher preparing institutions or accredited institutions 
of higher education arrange for practical experience in the 
Minnesota school academy for the deaf and the Minnesota braille 
and sight-saving school academy for the blind for practice or 
student teachers, or for other students engaged in fields of 
study which prepare professionals to provide special services to 
handicapped children in school programs, who have completed not 
less than two years of an approved program in their respective 
fields.  These student trainees shall be provided with 
appropriate supervision by a teacher licensed by the board of 
teaching or by a professional licensed or registered in the 
appropriate field of special services and shall be deemed 
employees of the school for the deaf or the braille and 
sight-saving school either academy, as applicable, for purposes 
of workers' compensation. 
    Subd. 6.  The rules of the state board pursuant to this 
section shall establish procedures for admission to, including 
short-term admission, and discharge from the schools academies, 
for decisions on a child's program at the schools academies and 
for evaluation of the progress of children enrolled in 
the schools academies.  Discharge procedures must include 
reasonable notice to the district of residence.  These 
procedures shall guarantee children and their parents 
appropriate procedural safeguards, including a review of the 
placement determination made pursuant to sections 120.17 and 
128A.05, and the right to participate in educational program 
decisions.  Notwithstanding the provisions of section 14.02, 
proceedings concerning admission to and discharge from 
the schools academies, a child's program at the schools 
academies and a child's progress at the schools academies shall 
not be deemed to be contested cases subject to sections 14.01 to 
14.70 but shall be governed instead by the rules of the state 
board pursuant to this section.  
    Sec. 4.  Minnesota Statutes 1984, section 128A.03, is 
amended to read: 
    128A.03 [ADVISORY COUNCIL.] 
    Subdivision 1.  The state board of education may shall 
appoint an advisory task force council on the Minnesota School 
state academy for the Deaf and an advisory task force on the 
Minnesota braille and sight-saving School state academy for the 
blind to advise the board on policies pertaining to the control, 
management, and administration of these schools academies. 
    Subd. 2.  If created The members shall be representative of 
the various geographic regions of the state, shall include 
parents or guardians of visually disabled or hearing impaired 
children, shall include a staff representative of the applicable 
school academy, and shall include two representatives from 
groups representing the interests of visually disabled or 
hearing impaired individuals, as applicable.  All members shall 
have knowledge, experience and interest in the problems of 
visually disabled or hearing impaired children. 
    Subd. 3.  The task forces shall expire and the terms, 
compensation and removal of council members shall be as provided 
in section 15.059, subdivisions 2, 3, and 4.  The council shall 
not expire. 
    Sec. 5.  Minnesota Statutes 1984, section 128A.05, is 
amended to read: 
    128A.05 [ATTENDANCE.] 
    Subdivision 1.  Any individual who is between four and 21 
years of age and who is deaf or hard of hearing impaired shall 
be is entitled to attend the school academy for the deaf if it 
is determined, pursuant to the provisions of section 120.17, 
that the nature or severity of the hearing impairment is such 
that education in regular or special education classes provided 
for by the school district of residence cannot be achieved 
satisfactorily and that attendance at the school academy would 
be the least restrictive alternative for that individual.  A 
deaf or hearing impaired child also may be admitted to acquire 
socialization skills.  Short-term admission for skills 
development is also permitted.  Nothing in this subdivision 
shall be construed as a limitation on the attendance at this 
school academy of children who have other handicaps in addition 
to being deaf or hard of hearing impaired. 
    Subd. 2.  Any individual who is between four and 21 years 
of age and who is blind visually impaired, blind-deaf, or 
partially seeing multiple handicapped shall be is entitled to 
attend the braille and sight-saving school academy for the blind 
if it is determined, pursuant to the provisions of section 
120.17, that the nature or severity of the visual impairment is 
such that education in regular or special education classes 
provided for by the school district of residence cannot be 
achieved satisfactorily and that attendance at the school 
academy would be the least restrictive alternative for that 
individual.  A visually impaired child may be admitted to 
acquire socialization skills.  Short-term admission for skills 
development is also permitted.  Nothing in this subdivision 
shall be construed as a limitation on the attendance at this 
school academy of children who have other handicaps in addition 
to being blind or partially seeing visually impaired. 
    Subd. 3.  Attendance at the school academy for the deaf and 
the braille and sight-saving schools academy for the blind shall 
be is subject to the compulsory attendance provisions of section 
120.10 except that attendance may be excused pursuant to that 
section by the commissioner of education or his designee.  Any 
person failing to comply with the provisions of section 
120.10 shall be is subject to the provisions of section 120.12. 
The superintendent of the applicable school academy shall 
exercise the duties imposed by section 120.12.  Attendance at 
the school academy for the deaf or the braille and sight-saving 
school academy for the blind shall fulfill the mandatory 
requirements of section 120.17.  The academies are subject to 
sections 127.26 to 127.39. 
    Sec. 6.  [UFARS VARIANCES.] 
    The advisory council on uniform financial accounting and 
reporting standards shall develop variances to the standards to 
account for the unique financial status of the academies.  The 
variances shall be reported to the state board by December 31, 
1985. 
    Sec. 7.  [EMPLOYEE TRAINING FOR COMMUNICATION AND BRAILLE 
SKILLS.] 
    The state board of education shall provide to people 
employed by the academies on August 1, 1985, training in sign 
language communications skills or Braille communication, 
according to the academy in which the person is employed.  If an 
employee fails to become proficient in the appropriate 
communication method within 12 months after training is 
provided, that failure shall be grounds for dismissal, 
disciplinary action, or corrective action. 
    Sec. 8.  [MANAGEMENT AND GOVERNANCE REPORT.] 
    The state planning agency shall coordinate a study with the 
management analysis unit of the department of administration, 
the department of finance, the department of employee relations 
and the department of education of issues related to the 
academies.  The study shall include but not be limited to the 
following:  
    (1) the management organization structure;  
    (2) the governance;  
    (3) financing methods;  
    (4) ratios;  
    (5) student assessments;  
    (6) admission and discharge criteria.  
    The state planning agency shall report to the senate and 
house education committees, the senate finance committee, and 
the house appropriations committee by January 1, 1986.  The 
agency shall report to those committees by October 1, 1985, with 
a progress report.  The actual cost of the study must be paid by 
the academies. 
    Approved May 28, 1985