Bill Text: MN SF269 | 2013-2014 | 88th Legislature | Introduced


Bill Title: Education in Care and Treatment Settings Act

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-02-04 - Referred to Education [SF269 Detail]

Download: Minnesota-2013-SF269-Introduced.html

1.1A bill for an act
1.2relating to education; providing education in care and treatment settings;
1.3appropriating money;amending Minnesota Statutes 2012, sections 124D.68,
1.4subdivision 2; 125A.11, subdivision 2; 125A.20; 125A.51; 125A.515,
1.5subdivision 1; 125A.75, subdivision 3; 126C.05, subdivision 1; 245.4871,
1.6subdivision 10; proposing coding for new law as Minnesota Statutes, chapter
1.7125E; repealing Minnesota Statutes 2012, sections 125A.11; 125A.15; 125A.515,
1.8subdivisions 3, 3a, 4, 5, 6, 7, 8, 9, 10; 125A.52.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10    Section 1. Minnesota Statutes 2012, section 124D.68, subdivision 2, is amended to read:
1.11    Subd. 2. Eligible pupils. A pupil under the age of 21 or who meets the requirements
1.12of section 120A.20, subdivision 1, paragraph (c), is eligible to participate in the graduation
1.13incentives program, if the pupil:
1.14(1) performs substantially below the performance level for pupils of the same age
1.15in a locally determined achievement test;
1.16(2) is behind in satisfactorily completing coursework or obtaining credits for
1.17graduation;
1.18(3) is pregnant or is a parent;
1.19(4) has been assessed as chemically dependent;
1.20(5) has been excluded or expelled according to sections 121A.40 to 121A.56;
1.21(6) has been referred by a school district for enrollment in an eligible program or
1.22a program pursuant to section 124D.69;
1.23(7) is a victim of physical or sexual abuse;
1.24(8) has experienced mental health problems;
1.25(9) has experienced homelessness sometime within six months before requesting a
1.26transfer to an eligible program;
2.1(10) speaks English as a second language or is an English learner; or
2.2(11) has withdrawn from school or has been chronically truant; or
2.3(12) has been admitted to a care and treatment program; or
2.4(13) is being treated in a hospital in the seven-county metropolitan area for cancer or
2.5other life threatening illness or is the sibling of an eligible pupil who is being currently
2.6treated, and resides with the pupil's family at least 60 miles beyond the outside boundary
2.7of the seven-county metropolitan area.
2.8EFFECTIVE DATE.This section is effective for fiscal year 2014 and later.

2.9    Sec. 2. Minnesota Statutes 2012, section 125A.11, subdivision 2, is amended to read:
2.10    Subd. 2. Nonresident transportation. When a district provides instruction and
2.11services in a mental health day treatment program outside the resident district of residence,
2.12the resident district of residence is responsible for providing transportation. When a
2.13district provides instruction and services requiring board and lodging or placement
2.14in a residential program outside the resident district of residence, the nonresident
2.15 providing district in which the child is placed is responsible for providing transportation.
2.16Transportation costs shall be paid by the district responsible for providing transportation
2.17and the state shall pay transportation aid to that district.
2.18EFFECTIVE DATE.This section is effective for fiscal year 2014 and later.

2.19    Sec. 3. Minnesota Statutes 2012, section 125A.20, is amended to read:
2.20125A.20 TRANSPORTATION AID AGREEMENTS.
2.21Notwithstanding the provisions of sections 125A.11, 125A.14, and 125A.15, when a
2.22child receives special instruction and services in a mental health day treatment program
2.23outside the resident district, the resident district and the nonresident providing district
2.24where the child is placed may enter into an agreement providing for the nonresident
2.25 providing district to pay the cost of any particular transportation categories specified in
2.26section 123B.92, subdivision 1, and claim transportation aid for those categories. In this
2.27case, the nonresident providing district may not obtain any payment from the resident
2.28district for the categories covered by the agreement.
2.29EFFECTIVE DATE.This section is effective for fiscal year 2014 and later.

3.1    Sec. 4. Minnesota Statutes 2012, section 125A.51, is amended to read:
3.2125A.51 PLACEMENT OF CHILDREN WITHOUT DISABILITIES;
3.3EDUCATION AND TRANSPORTATION.
3.4The responsibility for providing instruction and transportation for a pupil without a
3.5disability who has a short-term or temporary physical or emotional illness or disability, as
3.6determined by the standards of the commissioner, and who is temporarily placed for care
3.7and treatment for that illness or disability, must be determined as provided in this section.
3.8(a) The school district of residence of the pupil is the district in which the pupil's
3.9parent or guardian resides. If there is a dispute between school districts regarding
3.10residency, the district of residence is the district designated by the commissioner.
3.11(b) When parental rights have been terminated by court order, the legal residence
3.12of a child placed in a residential or foster facility for care and treatment is the district in
3.13which the child resides.
3.14(c) Before the placement of a pupil for care and treatment, the district of residence
3.15must be notified and provided an opportunity to participate in the placement decision.
3.16When an immediate emergency placement is necessary and time does not permit
3.17resident district participation in the placement decision, the district in which the pupil is
3.18temporarily placed, if different from the district of residence, must notify the district
3.19of residence of the emergency placement within 15 days of the placement. When a
3.20nonresident district makes an emergency placement without first consulting with the
3.21resident district, the resident district has up to five business days after receiving notice
3.22of the emergency placement to request an opportunity to participate in the placement
3.23decision, which the placing district must then provide.
3.24(d) When a pupil without a disability is temporarily placed for care and treatment
3.25in a day program and the pupil continues to live within the district of residence during
3.26the care and treatment, the district of residence must provide instruction and necessary
3.27transportation to and from the care and treatment program for the pupil. The resident
3.28district may establish reasonable restrictions on transportation, except if a Minnesota court
3.29or agency orders the child placed at a day care and treatment program and the resident
3.30district receives a copy of the order, then the resident district must provide transportation
3.31to and from the program unless the court or agency orders otherwise. Transportation shall
3.32only be provided by the resident district during regular operating hours of the resident
3.33district. The resident district may provide the instruction at a school within the district of
3.34residence, at the pupil's residence, or in the case of a placement outside of the resident
3.35district, in the district in which the day treatment program is located by paying tuition to
4.1that district. The district of placement may contract with a facility to provide instruction
4.2by teachers licensed by the state Board of Teaching.
4.3(e) When a pupil without a disability is temporarily placed in a residential program
4.4for care and treatment, the district in which the pupil is placed must provide instruction
4.5for the pupil and necessary transportation while the pupil is receiving instruction, and in
4.6the case of a placement outside of the district of residence, the nonresident district must
4.7bill the district of residence for the actual cost of providing the instruction for the regular
4.8school year and for summer school, excluding transportation costs.
4.9(f) Notwithstanding paragraph (e), If the pupil is homeless and placed in a public or
4.10private homeless shelter, then the district that enrolls the pupil under section 127A.47,
4.11 120A.20, subdivision 2
, shall provide the transportation, unless the district that enrolls
4.12the pupil and the district in which the pupil is temporarily placed agree that the district
4.13in which the pupil is temporarily placed shall provide transportation. When a pupil
4.14without a disability is temporarily placed in a residential program outside the district of
4.15residence, the administrator of the court placing the pupil must send timely written notice
4.16of the placement to the district of residence. The district of placement may contract with
4.17a residential facility to provide instruction by teachers licensed by the state Board of
4.18Teaching. For purposes of this section, the state correctional facilities operated on a
4.19fee-for-service basis are considered to be residential programs for care and treatment.
4.20(g) The district of residence must include the pupil in its residence count of pupil
4.21units and pay tuition as provided in section 123A.488 to the district providing the
4.22instruction. Transportation costs must be paid by the district providing the transportation
4.23and the state must pay transportation aid to that district. For purposes of computing state
4.24transportation aid, pupils governed by this subdivision must be included in the disabled
4.25transportation category if the pupils cannot be transported on a regular school bus route
4.26without special accommodations.
4.27EFFECTIVE DATE.This section is effective for fiscal year 2014 and later.

4.28    Sec. 5. Minnesota Statutes 2012, section 125A.515, subdivision 1, is amended to read:
4.29    Subdivision 1. Approval of education programs. The commissioner, at the
4.30request of state agency staff or a program provider, shall approve or disapprove on-site
4.31education programs for placement of children and youth in residential facilities including
4.32 in residential programs such as detention centers, before being secure programs, and
4.33residential treatment programs that provide integrated education and treatment activities
4.34throughout the day, are licensed by the Department of Human Services or the Department
4.35of Corrections. Education programs in these facilities shall, and conform to state and
5.1federal education laws including the Individuals with Disabilities Education Act (IDEA).
5.2This section applies only to placements in facilities licensed by the Department of Human
5.3Services or the Department of Corrections. For purposes of this section, "on-site education
5.4program" means the educational services provided directly on the grounds of the care and
5.5treatment facility to children and youth placed for care and treatment.
5.6EFFECTIVE DATE.This section is effective for fiscal year 2014 and later.

5.7    Sec. 6. Minnesota Statutes 2012, section 125A.75, subdivision 3, is amended to read:
5.8    Subd. 3. Full state payment. The state must pay each district the actual cost
5.9incurred in providing instruction and services for a child whose district of residence has
5.10been determined by section 125A.17 or 125A.51 120A.20, subdivision 2, paragraph (b),
5.11and who is temporarily placed in a state institution, a licensed residential facility, or foster
5.12facility for care and treatment. The regular education program at the facility must be an
5.13approved program according to section 125A.515.
5.14Upon following the procedure specified by the commissioner, the district may bill
5.15the state the actual cost incurred in providing the services including transportation costs
5.16and a proportionate amount of capital expenditures and debt service, minus the amount of
5.17the basic revenue, as defined in section 126C.10, subdivision 2, of the district for the child
5.18and the special education aid, transportation aid, and any other aid earned on behalf of the
5.19child. The limit in subdivision 2 applies to aid paid pursuant to this subdivision.
5.20To the extent possible, the commissioner shall obtain reimbursement from another
5.21state for the cost of serving any child whose parent or guardian resides in that state. The
5.22commissioner may contract with the appropriate authorities of other states to effect
5.23reimbursement. All money received from other states must be paid to the state treasury
5.24and placed in the general fund.

5.25    Sec. 7. [125E.01] CHILDREN IN CARE AND TREATMENT.
5.26Sections 125E.01 to 125E.08 may be cited as the "Education in Care and Treatment
5.27Settings Act."

5.28    Sec. 8. [125E.02] DEFINITIONS.
5.29(a) For purposes of this section and sections 125E.03 to 125E.08, the terms defined
5.30in this section have the meanings given them.
5.31(b) "Care and treatment program" means a mental health day treatment program or a
5.32residential program under paragraph (d), (f), (g), (h), (j), (k), (l), or (m) that a child attends
5.33for a short term of up to 30 days or a long term of more than 30 days.
6.1(c) "Chemical dependency treatment services" means therapeutic and treatment
6.2services provided to alter a child's pattern of harmful chemical use.
6.3(d) "Correctional program services" means any program or activity using
6.4treatment services, consequences, and discipline to control or modify a child's behavior.
6.5Correctional program services are available to children from the ages of ten through 20
6.6years, and to children placed by a court, court services department, parole authority, or
6.7other correctional agency having dispositional power over children who are charged and
6.8convicted or adjudicated guilty or delinquent.
6.9(e) "Flexible school calendar" means an education program aligned with a care and
6.10treatment setting schedule that is available throughout a 12-month period and consistent
6.11with section 125E.05.
6.12(f) "Mental health day treatment program" means a structured care and treatment
6.13program provided to a child under section 245.4871, subdivision 10, or 256B.0943.
6.14(g) "Mental health treatment services" means therapeutic services and activities
6.15provided to a child with an emotional or severe emotional disturbance to care for and treat
6.16the child's mental illness.
6.17(h) "Partial hospitalization" or "partial hospitalization program" means a time-limited,
6.18structured program of psychotherapy and other therapeutic services defined in rule.
6.19(i) "Providing district" means the school district or charter school in which a child's
6.20care and treatment program is located.
6.21(j) "Residential program" means a 24-hour-a-day program that provides care,
6.22supervision, meals, lodging, rehabilitation, training, education, habilitation, or treatment
6.23to a child outside the child's home as defined in Minnesota Rules, chapter 2960.
6.24(k) "Secure detention facility" means a physically restrictive facility, including but
6.25not limited to a jail, hospital, state institution, residential treatment center, or detention
6.26home used for the temporary care of a child pending court action.
6.27(l) "Shelter" means a licensed facility providing temporary safe placement for a
6.28child who cannot stay at home.
6.29(m) "Subacute psychiatric care for persons under 21 years of age" means short-term
6.30psychiatric services available to a child under section 256B.0625, subdivision 45.
6.31EFFECTIVE DATE.This section is effective for fiscal year 2014 and later.

6.32    Sec. 9. [125E.03] EDUCATING CHILDREN IN CARE AND TREATMENT
6.33PROGRAMS.
7.1    Subdivision 1. Education services required. (a) Education services are available to
7.2a child in a care and treatment program. The providing district is responsible for the child's
7.3education services, including the services in the child's individualized education program.
7.4(b) A providing district must make education services available to a child within three
7.5days after the child enters a care and treatment program. The district may use the first four
7.6days of the child's placement in the program to assess the child's education and safety needs.
7.7(c) A district must provide regular education services to a child who does not receive
7.8special education services.
7.9(d) When a district provides an education program in a care and treatment program,
7.10the school board of the district may enter into an agreement with the care and treatment
7.11program to provide education services or sign a memorandum of understanding with
7.12the facility's program director indicating that facility staff are qualified to provide
7.13the education program within the therapeutic environment. The memorandum of
7.14understanding may be used to:
7.15(1) recruit, train, and supervise education program staff;
7.16(2) contract with an intermediate district, alternative school, or other entity approved
7.17by the commissioner to provide education services; or
7.18(3) provide the education services.
7.19    Subd. 2. Commissioner approval. Consistent with section 125A.515, subdivision
7.201, the commissioner, at the request of state agency staff or a program provider, must
7.21approve or disapprove the education portion of a residential program in a facility licensed
7.22by the Department of Human Services or the Department of Corrections that provides
7.23integrated education and treatment activities throughout the day and conforms with state
7.24and federal education laws.
7.25    Subd. 3. Notice to resident district. The district providing education services to a
7.26child placed in a care and treatment program must notify the child's resident district of the
7.27child's placement in the program within three days of the placement.
7.28    Subd. 4. Coordinating a child's transition to another district. When a district
7.29providing a care and treatment program discharges a child and the child enrolls in another
7.30district, the providing district must coordinate the discharge with the enrolling district.
7.31    Subd. 5. Educating children in care and treatment programs. (a) When a child is
7.32placed in a care and treatment program with an on-site education program, the providing
7.33district must contact the resident district within one day after receiving notice of the
7.34child's placement to determine whether the child is identified as having a disability and,
7.35if the child is a child with a disability, request at least the child's transcript and the most
7.36recent individualized education program and evaluation report. The resident district must
8.1transmit a facsimile copy of the transcript and the program and report to the providing
8.2district within two days after receiving the request.
8.3(b) For a child with an individualized education program placed under this section,
8.4the providing district must conduct an individualized education program meeting to reach
8.5an agreement about continuing or modifying the child's special education services, based
8.6on the child's individualized education program goals and objectives, and to determine if
8.7an additional evaluation is necessary. The person or agency placing the child, the resident
8.8district, appropriate teachers and related services staff in the providing district, appropriate
8.9staff from the residential facility, the child's parent or legal guardian, and, when
8.10appropriate, the child, must participate in the individualized education program meeting.
8.11(c) For a child who has not been identified as a child with a disability, the providing
8.12district must screen the child's educational and behavioral needs as soon as practicable,
8.13which includes reviewing the child's education records.
8.14    Subd. 6. Placement, services, and due process. (a) A providing district must
8.15educate a child in a regular education setting to the extent appropriate. The child's parent
8.16or legal guardian and the treatment and education staff jointly must determine the amount
8.17of and site for the child's integrated services. Where applicable, the individualized
8.18education program team in the providing district must make the educational placement
8.19decisions, including providing education services to the child in the least restrictive
8.20environment. The providing district and the care and treatment program staff shall develop
8.21emergency discipline and behavior management procedures consistent with applicable
8.22state and federal law.
8.23(b) A providing district must ensure that a child placed in a care and treatment
8.24program receives:
8.25(1) necessary and appropriate education services, regardless of whether the child is
8.26performing at grade level, as indicated by the child's individualized education program
8.27or education records; and
8.28(2) instruction during the school day equal in time to the instructional day in the
8.29providing district unless, in consultation with treatment providers, the district determines
8.30that the child's unique needs, as documented in the child's individualized education
8.31program or education records, requires altering the structure or length of the instructional
8.32day, which in no case may be less than one-half the amount of instructional time in a
8.33school day in the providing district.
8.34    Subd. 7. Exit report summarizing educational progress. A providing district
8.35must prepare an exit report for a child placed in a care and treatment program for 31
8.36or more school days that summarizes the child's regular education, special education,
9.1evaluation, educational progress, and service information. The district must transmit the
9.2exit report to the resident district, the next providing district if it is another district, the
9.3child's parent or legal guardian, and appropriate social service agencies. For children
9.4with disabilities, the report must include the child's individualized education program.
9.5For education programs operated by the Department of Corrections, the Department
9.6of Corrections is the providing district. For children remanded to the commissioner of
9.7corrections, the Department of Corrections is the providing and resident district.
9.8EFFECTIVE DATE.This section is effective for fiscal year 2014 and later.

9.9    Sec. 10. [125E.04] PLACEMENT IN A CARE AND TREATMENT PROGRAM.
9.10School districts, courts, human services agencies, parents, licensed mental health
9.11professionals, or medical practitioners may place a child in a care and treatment program
9.12based on the child's individual needs, the type of care and treatment program, and the
9.13ability of the program to immediately serve the child. A district not paying for a child's
9.14care and treatment program may recommend a particular program but cannot require
9.15the child to attend that program.
9.16EFFECTIVE DATE.This section is effective for fiscal year 2014 and later.

9.17    Sec. 11. [125E.05] FLEXIBLE SCHOOL CALENDAR.
9.18A child in a care and treatment program is eligible for an education program under
9.19a flexible school calendar. The providing district and the care and treatment program
9.20provider must collaborate in establishing the flexible school calendar, which must be
9.21available throughout a 12-month period and at least equal the amount of instructional time
9.22available to students in the providing district, subject to section 125E.03, subdivision 6,
9.23paragraph (b), clause (2).
9.24EFFECTIVE DATE.This section is effective for fiscal year 2014 and later.

9.25    Sec. 12. [125E.06] EDUCATION SERVICES FUND.
9.26    Subdivision 1. Care and treatment education fund. A care and treatment
9.27education fund is established to pay the costs of educating children placed in care and
9.28treatment programs for 31 or more school days. The department shall use a formula based
9.29on actual education costs to reimburse a providing district. A district providing education
9.30at a care and treatment program site shall not receive general education aid or special
9.31education aid. A district providing education at a site other than the care and treatment
9.32program site shall receive general education aid and special education aid. The resident
10.1district is responsible for the costs of educating children placed in a care and treatment
10.2program for up to 30 days. This fund does not affect the requirement to educate a child in
10.3the least restrictive environment.
10.4    Subd. 2. Billing system. The commissioner, in cooperation with the commissioners
10.5of human services and corrections, and with input from appropriate billing system users,
10.6shall develop and implement a uniform billing system applicable to school districts and
10.7other entities, including private providers, who provide education services for children
10.8placed in a care and treatment setting. The uniform billing system must:
10.9(1) allow service providers to bill districts using minimum district administration;
10.10(2) allow districts to readily bill the state for regular and special education services
10.11provided under law;
10.12(3) provide flexibility for mental health day treatment and other services provided to
10.13children placed in care and treatment programs;
10.14(4) allow the commissioner to track service type, cost, and quality provided to
10.15children placed in a care and treatment program;
10.16(5) conform with existing special education and proposed regular education billing
10.17procedures;
10.18(6) provide a uniform per diem reporting standard; and
10.19(7) determine allowable expenses and maximum reimbursement rates for state
10.20reimbursement of services provided in a care and treatment setting.
10.21EFFECTIVE DATE.This section is effective for fiscal year 2014 and later.

10.22    Sec. 13. [125E.07] HOMELESS SHELTERS.
10.23A district enrolling a homeless child under section 125A.51 who is in a public or
10.24private homeless shelter shall provide transportation for that child, unless the enrolling
10.25district and the providing district in which the pupil is temporarily placed agree that the
10.26providing district shall provide transportation.
10.27EFFECTIVE DATE.This section is effective for fiscal year 2014 and later.

10.28    Sec. 14. [125E.08] CARE AND TREATMENT; SPECIAL TRANSPORTATION
10.29AID.
10.30    Subdivision 1. Special transportation state aid. A school district or charter school
10.31required to provide transportation services to a child in a care and treatment program is
10.32eligible for state aid equal to the actual amounts the district or charter school incurs for:
10.33(1) contract transportation services provided to children in care and treatment settings;
11.1(2) transportation services it provides;
11.2(3) round-trip reimbursement for parents or guardians who provide transportation
11.3for their children, where "round-trip reimbursement" means the rate per mile established
11.4by the commissioner for parents' or guardians' trips between the child's residence and the
11.5treatment facility;
11.6(4) transporting up to three children to a facility outside district boundaries;
11.7(5) transporting children receiving an education under a flexible school calendar;
11.8(6) care and treatment program costs for transportation;
11.9(7) transition from a residential facility to a regular education program, including
11.10transporting children in transition back to their resident district; and
11.11(8) prorated program costs.
11.12    Subd. 2. Nonresident transportation. Responsibility for providing resident students
11.13with transportation to a mental health day treatment program or a residential treatment
11.14program outside the district shall be as provided in section 125A.11, subdivision 2.
11.15    Subd. 3. Transportation aid agreements. Agreements for a providing district to
11.16pay transportation costs for an eligible student in a mental health day treatment program
11.17outside a resident district are governed by section 125A.20.
11.18EFFECTIVE DATE.This section is effective for fiscal year 2014 and later.

11.19    Sec. 15. Minnesota Statutes 2012, section 126C.05, subdivision 1, is amended to read:
11.20    Subdivision 1. Pupil unit. Pupil units for each Minnesota resident pupil under the
11.21age of 21 or who meets the requirements of section 120A.20, subdivision 1, paragraph (c),
11.22in average daily membership enrolled in the district of residence, in another district under
11.23sections 123A.05 to 123A.08, 124D.03, 124D.08, or 124D.68; in a charter school under
11.24section 124D.10; or for whom the resident district pays tuition under section 123A.18,
11.25123A.22 , 123A.30, 123A.32, 123A.44, 123A.488, 123B.88, subdivision 4, 124D.04,
11.26124D.05 , 125A.03 to 125A.24, 125A.51, or 125A.65, shall be counted according to this
11.27subdivision.
11.28    (a) A prekindergarten pupil with a disability who is enrolled in a program approved
11.29by the commissioner and has an individualized education program is counted as the ratio
11.30of the number of hours of assessment and education service to 825 times 1.25 with a
11.31minimum average daily membership of 0.28, but not more than 1.25 pupil units.
11.32    (b) A prekindergarten pupil who is assessed but determined not to be disabled is
11.33counted as the ratio of the number of hours of assessment service to 825 times 1.25.
11.34    (c) A kindergarten pupil with a disability who is enrolled in a program approved
11.35by the commissioner is counted as the ratio of the number of hours of assessment and
12.1education services required in the fiscal year by the pupil's individualized education
12.2program to 875, but not more than one.
12.3    (d) A kindergarten pupil who is not included in paragraph (c) is counted as .612
12.4pupil units.
12.5    (e) A pupil who is in any of grades 1 to 3 is counted as 1.115 pupil units for fiscal
12.6year 2000 and thereafter.
12.7    (f) A pupil who is any of grades 4 to 6 is counted as 1.06 pupil units for fiscal
12.8year 1995 and thereafter.
12.9    (g) A pupil who is in any of grades 7 to 12 is counted as 1.3 pupil units.
12.10    (h) A pupil who is in the postsecondary enrollment options program is counted
12.11as 1.3 pupil units.
12.12(i) A pupil in a mental health day treatment program or a residential treatment
12.13facility under sections 125E.01 to 125E.08 is eligible for up to 300 additional hours of
12.14service and is counted by the providing district, in addition to the amounts calculated in
12.15paragraphs (a) to (h), as 1.3 pupil units times the lesser of one or the number of hours
12.16served in a mental health day treatment program divided by 300.
12.17EFFECTIVE DATE.This section is effective for fiscal year 2014 and later.

12.18    Sec. 16. Minnesota Statutes 2012, section 245.4871, subdivision 10, is amended to read:
12.19    Subd. 10. Mental health day treatment services program. "Day treatment," "day
12.20treatment services," or "day treatment program" "Mental health day treatment program"
12.21 means a structured program of treatment and care provided to a child in:
12.22    (1) an outpatient hospital accredited by the Joint Commission on Accreditation of
12.23Health Organizations and licensed under sections 144.50 to 144.55;
12.24    (2) a community mental health center under section 245.62;
12.25    (3) an entity that is under contract with the county board to operate a program that
12.26meets the requirements of section 245.4884, subdivision 2, and Minnesota Rules, parts
12.279505.0170 to 9505.0475; or
12.28    (4) an entity that operates operating a program that meets the requirements of section
12.29245.4884, subdivision 2 , and Minnesota Rules, parts 9505.0170 to 9505.0475, that is
12.30 under contract with an entity that is under contract with a county board.
12.31    A mental health day treatment program consists of group psychotherapy and other
12.32intensive therapeutic services that are provided for a minimum two-hour time block by
12.33a multidisciplinary staff under the clinical supervision of a mental health professional.
12.34Mental health day treatment programs may include education and consultation provided
12.35to families and other individuals as an extension of the treatment process. The services
13.1are aimed at stabilizing the child's mental health status, and developing and improving
13.2the child's daily independent living and socialization skills. Mental health day treatment
13.3services programs are distinguished from day care by their structured therapeutic program
13.4of psychotherapy services. Day treatment Services provided in a mental health day
13.5treatment program are not a part of inpatient hospital or residential treatment services.
13.6    A service provided in a mental health day treatment service program must be
13.7available to a child for up to 15 hours a week throughout the year under a flexible school
13.8calendar and must be coordinated with, or integrated with, or part of an education program
13.9offered by the child's school.
13.10EFFECTIVE DATE.This section is effective for fiscal year 2014 and later.

13.11    Sec. 17. APPROPRIATIONS.
13.12$....... is appropriated in fiscal year 2014 and $....... is appropriated in fiscal year
13.132015 from the general fund to the commissioner of education for the purpose of the
13.14education fund under Minnesota Statutes, section 125E.06, and special transportation state
13.15aid under Minnesota Statutes, section 125E.08.

13.16    Sec. 18. REVISOR'S INSTRUCTION.
13.17The revisor of statutes shall make any cross-reference changes needed to reflect
13.18the changes to law contained in this act.

13.19    Sec. 19. REPEALER.
13.20Minnesota Statutes 2012, sections 125A.11; 125A.15; 125A.515, subdivisions 3, 3a,
13.214, 5, 6, 7, 8, 9, and 10; and 125A.52, are repealed.
13.22EFFECTIVE DATE.This section is effective July 1, 2013.
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