Minnesota 2023-2024 Regular Session

Minnesota House Bill HF142 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to education; requiring reasonable accommodations for parents of children
3	3	1.3 with disabilities; proposing coding for new law in Minnesota Statutes, chapter
4	4	1.4 125A.
5	5	1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
6	6	1.6 Section 1. [125A.082] ACCOMMODA TIONS FOR PARENTS OF CHILDREN
7	7	1.7WITH DISABILITIES.
8	8	1.8 Subdivision 1.Accommodations policy required.(a) A school district must adopt a
9	9	1.9policy establishing a process to provide accommodations for a parent with a disability who
10	10	1.10is a parent of a child with a disability that allows the parent to participate in developing a
11	11	1.11child's individualized education program. A district must provide a parent with a disability
12	12	1.12with a reasonable accommodation unless it would impose an undue hardship on the district.
13	13	1.13 (b) "Reasonable accommodation" has the meaning given in section 363A.08, subdivision
14	14	1.146, and in determining whether an accommodation would impose an undue hardship on the
15	15	1.15school district, factors to be considered are the factors listed in section 363A.08, subdivision
16	16	1.166. An accommodation is reasonable if it allows a parent with a disability to participate
17	17	1.17meaningfully in meetings, data collection, or a paperwork process related to an individualized
18	18	1.18education program and does not impose an undue hardship on the school district.
19	19	1.19 (c) "Disability," as used in this section, has the meaning given in section 363A.03,
20	20	1.20subdivision 12. The determination of whether a parent has a disability does not require that
21	21	1.21a parent disclose private health information to the school district. A school district may not
22	22	1.22request or require that a parent authorize the release of health care records or medical
23	23	1.23information.
24	24	1Section 1.
25	25	REVISOR CM/NS 23-0068312/01/22
26	26	State of Minnesota
27	27	This Document can be made available
28	28	in alternative formats upon request
29	29	HOUSE OF REPRESENTATIVES
30	30	H. F. No. 142
31	31	NINETY-THIRD SESSION
32	32	Authored by Freiberg01/09/2023
33	33	The bill was read for the first time and referred to the Committee on Education Policy 2.1 (d) A school district must require that all teachers and staff providing special instruction
34	34	2.2and services to students with disabilities review the accommodations policy each school
35	35	2.3year.
36	36	2.4 Subd. 2.Process.(a) A district must inform the parent of a student with a disability of
37	37	2.5the accommodation process before referring the student for a special education evaluation
38	38	2.6and annually thereafter at the beginning of each school year that has an individualized
39	39	2.7education program. The district must ensure that notice of the accommodation process is
40	40	2.8easily understandable and readable and must offer a parent the option to receive the notice
41	41	2.9orally or in the parent's native language, where appropriate.
42	42	2.10 (b) A parent's request for an accommodation must be treated as private data according
43	43	2.11to section 13.32, and may not be disclosed as directory information or be included in a
44	44	2.12student's individualized education program or other student records. Accommodations
45	45	2.13granted must be noted in the student's individualized education program but the individualized
46	46	2.14education program or other student records must not include information about the parent's
47	47	2.15disability and must not state that the accommodation is for a parent's disability.
48	48	2.16 (c) The process to request an accommodation must allow a parent with a disability to
49	49	2.17request an accommodation verbally or in writing, and to submit the request to any member
50	50	2.18of an individualized education program team holding a license issued under chapter 122A
51	51	2.19who is employed by the district, or if the student has not been referred for special education
52	52	2.20evaluation, to the student's teacher or principal.
53	53	2.21 (d) A school district must respond to a request for an accommodation within five school
54	54	2.22days. A deadline related to the development or modification of an individualized education
55	55	2.23program that is not established by federal law is stayed pending the resolution of a parent's
56	56	2.24request for an accommodation. During the stay, a district must continue to provide a student
57	57	2.25with educational services under a temporary or existing individualized education program.
58	58	2.26 EFFECTIVE DATE.This section is effective July 1, 2023.
59	59	2Section 1.
60	60	REVISOR CM/NS 23-0068312/01/22