Bill Text: MN SF1444 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Children with disabilities provisions modifications
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-05-19 - Referred to Education [SF1444 Detail]
Download: Minnesota-2011-SF1444-Introduced.html
1.2relating to education; clarifying the definition of a child with a disability;
1.3clarifying other circumstances related to children with disabilities;amending
1.4Minnesota Statutes 2010, sections 125A.02, subdivision 1; 125A.03; 125A.091,
1.5subdivision 7; proposing coding for new law in Minnesota Statutes, chapter
1.6125A.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 125A.02, subdivision 1, is amended to
1.9read:
1.10 Subdivision 1. Child with a disability. "Child with a disability" means a child
1.11identified under federal and state special education law ashaving a hearing impairment,
1.12blindness, visual disability, deaf or hard-of-hearing, blind or visually impaired, deafblind,
1.13or having a speech or language impairment, a physicaldisability impairment, other health
1.14impairment disability, mental developmental cognitive disability, emotional/behavioral an
1.15emotional or behavioral disorder, specific learning disability, autism spectrum disorder,
1.16traumatic brain injury, or severe multipledisabilities impairments, or deafblind disability
1.17and who needs special education and related services, as determined by the rules of the
1.18commissioner, is a child with a disability. A licensed physician, an advanced practice
1.19nurse, or a licensed psychologist is qualified to make a diagnosis and determination
1.20of attention deficit disorder or attention deficit hyperactivity disorder for purposes of
1.21identifying a child with a disability.
1.22EFFECTIVE DATE.This section is effective July 1, 2011.
2.1 Sec. 2. Minnesota Statutes 2010, section 125A.03, is amended to read:
2.2125A.03 SPECIAL INSTRUCTION FOR CHILDREN WITH A DISABILITY.
2.3(a)As defined Except as provided in paragraph (b), every district must provide or
2.4make available specialinstruction education and related services, either within the district
2.5or in another district, forall children every child with a disability, including providing
2.6required services under Code of Federal Regulations, title 34, section
300.121, paragraph
2.7(d)
, to those children suspended or expelled from school for more than ten school days
2.8in that school year, who are residents is a resident of the district and who are disabled as
2.9set forth in section
125A.02
2.10a regular high school diploma, whichever comes first.For purposes of state and federal
2.11special education laws, The phrase "special instruction education and related services"
2.12in the state Education Code means a free and appropriate public education provided to an
2.13eligible child withdisabilities and includes special education and related services defined
2.14in the Individuals with Disabilities Education Act, subpart A, section
300.24
2.15(b)Notwithstanding any age limits in laws to the contrary, special instruction and
2.16services must be provided from birth until July 1 after the child with a disability becomes
2.1721 years old but shall not extend beyond secondary school or its equivalent, except as
2.18provided in section
124D.68, subdivision 2. If a child with a disability becomes 21 years
2.19old during the school year, the district shall continue to make available special education
2.20and related services until the last day of the school year, or until the day the child receives
2.21a regular high school diploma, whichever comes first.
2.22(c) For purposes of this section and section 121A.41, subdivision 7, paragraph (a),
2.23clause (2), "school year" means the days of student instruction designated by the school
2.24board as the regular school year in the annual calendar adopted under section 120A.41.
2.25(d) A district shall identify, locate, and evaluate children with a disability in the
2.26district who are in need of special education and related services. Local health, education,
2.27and social service agencies must refer children under age five who are known to need or
2.28suspected of needing specialinstruction education and related services to the school
2.29district.Districts with less than the minimum number of eligible children with a disability
2.30as determined by the commissioner must cooperate with other districts to maintain a full
2.31range of programs for education and services for children with a disability. This section
2.32does not alter the compulsory attendance requirements of section
120A.22.
2.33EFFECTIVE DATE.This section is effective July 1, 2011.
2.34 Sec. 3. [125A.031] RESOLVING DISPUTES AMONG DISTRICTS.
3.1If districts dispute which district is responsible for providing or making available
3.2special education and related services to a child with a disability who is not currently
3.3enrolled in a district because the child's district of residence is disputed, the district in
3.4which that child first tries to enroll shall provide or make available special education
3.5and related services to the child until the commissioner is notified and expeditiously
3.6resolves the dispute. For purposes of this section, "district" means a school district or a
3.7charter school.
3.8 Sec. 4. Minnesota Statutes 2010, section 125A.091, subdivision 7, is amended to read:
3.9 Subd. 7. Conciliation conference. A parent must have an opportunity to meet with
3.10appropriate district staff in at least one conciliation conference if the parent objects to
3.11any proposal of which the parent receives notice under subdivision 3a. A district must
3.12offer to hold a conciliation conference within two business days after receiving a parent's
3.13objection to a proposal or refusal in the prior written notice. The district must hold the
3.14conciliation conference within ten calendar days from the date the district receivesa the
3.15parent's objectionto a proposal or refusal in the prior written notice. Except as provided
3.16in this section, all discussions held during a conciliation conference are confidential
3.17and are not admissible in a due process hearing. Within five school days after the final
3.18conciliation conference, the district must prepare and provide to the parent a conciliation
3.19conference memorandum that describes the district's final proposed offer of service. This
3.20memorandum is admissible in evidence in any subsequent proceeding.
3.21EFFECTIVE DATE.This section is effective the day following final enactment
3.22and applies to all conciliation conferences required after that date.
1.3clarifying other circumstances related to children with disabilities;amending
1.4Minnesota Statutes 2010, sections 125A.02, subdivision 1; 125A.03; 125A.091,
1.5subdivision 7; proposing coding for new law in Minnesota Statutes, chapter
1.6125A.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 125A.02, subdivision 1, is amended to
1.9read:
1.10 Subdivision 1. Child with a disability. "Child with a disability" means a child
1.11identified under federal and state special education law as
1.12
1.13or having a speech or language impairment, a physical
1.14
1.15emotional or behavioral disorder, specific learning disability, autism spectrum disorder,
1.16traumatic brain injury, or severe multiple
1.17and who needs special education and related services, as determined by the rules of the
1.18commissioner
1.19nurse, or a licensed psychologist is qualified to make a diagnosis and determination
1.20of attention deficit disorder or attention deficit hyperactivity disorder for purposes of
1.21identifying a child with a disability.
1.22EFFECTIVE DATE.This section is effective July 1, 2011.
2.1 Sec. 2. Minnesota Statutes 2010, section 125A.03, is amended to read:
2.2125A.03 SPECIAL INSTRUCTION FOR CHILDREN WITH A DISABILITY.
2.3(a)
2.4make available special
2.5or in another district, for
2.6
2.7
2.8
2.9
2.10a regular high school diploma, whichever comes first.
2.11
2.12
2.13eligible child with
2.14
2.15(b)
2.16
2.17
2.18
2.19old during the school year, the district shall continue to make available special education
2.20and related services until the last day of the school year, or until the day the child receives
2.21a regular high school diploma, whichever comes first.
2.22(c) For purposes of this section and section 121A.41, subdivision 7, paragraph (a),
2.23clause (2), "school year" means the days of student instruction designated by the school
2.24board as the regular school year in the annual calendar adopted under section 120A.41.
2.25(d) A district shall identify, locate, and evaluate children with a disability in the
2.26district who are in need of special education and related services. Local health, education,
2.27and social service agencies must refer children under age five who are known to need or
2.28suspected of needing special
2.29district.
2.30
2.31
2.32
2.33EFFECTIVE DATE.This section is effective July 1, 2011.
2.34 Sec. 3. [125A.031] RESOLVING DISPUTES AMONG DISTRICTS.
3.1If districts dispute which district is responsible for providing or making available
3.2special education and related services to a child with a disability who is not currently
3.3enrolled in a district because the child's district of residence is disputed, the district in
3.4which that child first tries to enroll shall provide or make available special education
3.5and related services to the child until the commissioner is notified and expeditiously
3.6resolves the dispute. For purposes of this section, "district" means a school district or a
3.7charter school.
3.8 Sec. 4. Minnesota Statutes 2010, section 125A.091, subdivision 7, is amended to read:
3.9 Subd. 7. Conciliation conference. A parent must have an opportunity to meet with
3.10appropriate district staff in at least one conciliation conference if the parent objects to
3.11any proposal of which the parent receives notice under subdivision 3a. A district must
3.12offer to hold a conciliation conference within two business days after receiving a parent's
3.13objection to a proposal or refusal in the prior written notice. The district must hold the
3.14conciliation conference within ten calendar days from the date the district receives
3.15parent's objection
3.16in this section, all discussions held during a conciliation conference are confidential
3.17and are not admissible in a due process hearing. Within five school days after the final
3.18conciliation conference, the district must prepare and provide to the parent a conciliation
3.19conference memorandum that describes the district's final proposed offer of service. This
3.20memorandum is admissible in evidence in any subsequent proceeding.
3.21EFFECTIVE DATE.This section is effective the day following final enactment
3.22and applies to all conciliation conferences required after that date.
