1.1                          A bill for an act 
  1.2             relating to education; requiring parents and providers 
  1.3             to evaluate appropriate programs and services before 
  1.4             providing amphetamine prescription drugs to children 
  1.5             with attention deficit disorder or attention deficit 
  1.6             hyperactivity disorder; clarifying the definition of 
  1.7             educational neglect to indicate that refusing to 
  1.8             consent to a special education evaluation does not 
  1.9             constitute educational neglect; determining the number 
  1.10            of Minnesota school children diagnosed with attention 
  1.11            deficit disorder or attention deficit hyperactivity 
  1.12            disorder currently taking amphetamine prescription 
  1.13            drugs; appropriating money; amending Minnesota 
  1.14            Statutes 2000, sections 125A.027, subdivision 2; 
  1.15            260A.01; and 260C.163, subdivision 11.  
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17     Section 1.  Minnesota Statutes 2000, section 125A.027, 
  1.18  subdivision 2, is amended to read: 
  1.19     Subd. 2.  [APPROPRIATE AND NECESSARY SERVICES.] (a) 
  1.20  Parents, physicians, other health care professionals including 
  1.21  school nurses, and education and human services providers 
  1.22  jointly must determine appropriate and necessary services for 
  1.23  eligible children with disabilities ages three to 21.  For 
  1.24  children diagnosed with attention deficit disorder or attention 
  1.25  deficit hyperactivity disorder, parents, physicians, health care 
  1.26  professionals, and education and human services providers may 
  1.27  provide the children with amphetamine prescription drugs, where 
  1.28  appropriate, only after evaluating other appropriate education 
  1.29  strategies programs and services available for such children.  
  1.30  The services provided to the child under this section must 
  2.1   conform with the child's standardized written plan.  The 
  2.2   governing board of an interagency early intervention committee 
  2.3   must provide those services contained in a child's individual 
  2.4   education plan and those services for which a legal obligation 
  2.5   exists. 
  2.6      (b) Nothing in this section or section 125A.023 increases 
  2.7   or decreases the obligation of the state, county, regional 
  2.8   agency, local school district, or local agency or organization 
  2.9   to pay for education, health care, or social services.  
  2.10     (c) A health plan may not exclude any medically necessary 
  2.11  covered service solely because the service is or could be 
  2.12  identified in a child's individual family service plan, 
  2.13  individual education plan, a plan established under section 504 
  2.14  of the federal Rehabilitation Act of 1973, or a student's 
  2.15  individual health plan.  This paragraph reaffirms the obligation 
  2.16  of a health plan company to provide or pay for certain medically 
  2.17  necessary covered services, and encourages a health plan company 
  2.18  to coordinate this care with any other providers of similar 
  2.19  services.  Also, a health plan company may not exclude from a 
  2.20  health plan any medically necessary covered service such as an 
  2.21  assessment or physical examination solely because the resulting 
  2.22  information may be used for an individual education plan or a 
  2.23  standardized written plan. 
  2.24     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
  2.25  following final enactment.  
  2.26     Sec. 2.  Minnesota Statutes 2000, section 260A.01, is 
  2.27  amended to read: 
  2.28     260A.01 [TRUANCY PROGRAMS AND SERVICES.] 
  2.29     (a) The programs in this chapter are designed to provide a 
  2.30  continuum of intervention and services to support families and 
  2.31  children in keeping children in school and combating truancy and 
  2.32  educational neglect.  School districts, county attorneys, and 
  2.33  law enforcement may establish the programs and coordinate them 
  2.34  with other community-based truancy services in order to provide 
  2.35  the necessary and most effective intervention for children and 
  2.36  their families.  This continuum of intervention and services 
  3.1   involves progressively intrusive intervention, beginning with 
  3.2   strong service-oriented efforts at the school and community 
  3.3   level and involving the court's authority only when necessary. 
  3.4      (b) A parent's refusal to consent to a special education 
  3.5   evaluation of the parent's child under chapter 125A does not 
  3.6   constitute educational neglect.  
  3.7      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
  3.8   following final enactment.  
  3.9      Sec. 3.  Minnesota Statutes 2000, section 260C.163, 
  3.10  subdivision 11, is amended to read: 
  3.11     Subd. 11.  [PRESUMPTIONS REGARDING TRUANCY OR EDUCATIONAL 
  3.12  NEGLECT.] (a) A child's absence from school is presumed to be 
  3.13  due to the parent's, guardian's, or custodian's failure to 
  3.14  comply with compulsory instruction laws if the child is under 12 
  3.15  years old and the school has made appropriate efforts to resolve 
  3.16  the child's attendance problems; this presumption may be 
  3.17  rebutted based on a showing by clear and convincing evidence 
  3.18  that the child is habitually truant.  A child's absence from 
  3.19  school without lawful excuse, when the child is 12 years old or 
  3.20  older, is presumed to be due to the child's intent to be absent 
  3.21  from school; this presumption may be rebutted based on a showing 
  3.22  by clear and convincing evidence that the child's absence is due 
  3.23  to the failure of the child's parent, guardian, or custodian to 
  3.24  comply with compulsory instruction laws, sections 120A.22 and 
  3.25  120A.24. 
  3.26     (b) A parent's refusal to consent to a special education 
  3.27  evaluation of the parent's child under chapter 125A does not 
  3.28  constitute educational neglect. 
  3.29     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
  3.30  following final enactment. 
  3.31     Sec. 4.  [STUDY; APPROPRIATION.] 
  3.32     $....... is appropriated from the general fund in fiscal 
  3.33  year 2002 to the commissioner of children, families, and 
  3.34  learning for the purpose of contracting with a qualified expert 
  3.35  to determine and report the number and overall incidence rate of 
  3.36  Minnesota children ages three to 18, by age, grade level, 
  4.1   gender, and race, diagnosed with attention deficit disorder 
  4.2   (ADD) or attention deficit hyperactivity disorder (ADHD) 
  4.3   currently taking amphetamine prescription drugs such as 
  4.4   Ritalin.  In preparing the report, the contractor also must 
  4.5   determine the number and overall incidence rate of children not 
  4.6   identified with ADD or ADHD currently taking amphetamine 
  4.7   prescription drugs such as Ritalin.  The commissioner must 
  4.8   submit the report to the education committees of the legislature 
  4.9   by February 15, 2002. 
  4.10     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2001.