Minnesota 2023-2024 Regular Session

Minnesota Senate Bill SF502 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 paid orientation for paraprofessionals; appropriating
3	3	1.3 money for paraprofessional training; amending Minnesota Statutes 2022, section
4	4	1.4 125A.08.
5	5	1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
6	6	1.6 Section 1. Minnesota Statutes 2022, section 125A.08, is amended to read:
7	7	1.7 125A.08 INDIVIDUALIZED EDUCATION PROGRAMS.
8	8	1.8 (a) At the beginning of each school year, each school district shall have in effect, for
9	9	1.9each child with a disability, an individualized education program.
10	10	1.10 (b) As defined in this section, every district must ensure the following:
11	11	1.11 (1) all students with disabilities are provided the special instruction and services which
12	12	1.12are appropriate to their needs. Where the individualized education program team has
13	13	1.13determined appropriate goals and objectives based on the student's needs, including the
14	14	1.14extent to which the student can be included in the least restrictive environment, and where
15	15	1.15there are essentially equivalent and effective instruction, related services, or assistive
16	16	1.16technology devices available to meet the student's needs, cost to the district may be among
17	17	1.17the factors considered by the team in choosing how to provide the appropriate services,
18	18	1.18instruction, or devices that are to be made part of the student's individualized education
19	19	1.19program. The individualized education program team shall consider and may authorize
20	20	1.20services covered by medical assistance according to section 256B.0625, subdivision 26.
21	21	1.21Before a school district evaluation team makes a determination of other health disability
22	22	1.22under Minnesota Rules, part 3525.1335, subparts 1 and 2, item A, subitem (1), the evaluation
23	23	1.23team must seek written documentation of the student's medically diagnosed chronic or acute
24	24	1Section 1.
25	25	23-01642 as introduced01/05/23 REVISOR CM/AD
26	26	SENATE
27	27	STATE OF MINNESOTA
28	28	S.F. No. 502NINETY-THIRD SESSION
29	29	(SENATE AUTHORS: WESTLIN, Cwodzinski, Gustafson and Oumou Verbeten)
30	30	OFFICIAL STATUSD-PGDATE
31	31	Introduction and first reading01/23/2023
32	32	Referred to Education Policy 2.1health condition signed by a licensed physician or a licensed health care provider acting
33	33	2.2within the scope of the provider's practice. The student's needs and the special education
34	34	2.3instruction and services to be provided must be agreed upon through the development of
35	35	2.4an individualized education program. The program must address the student's need to develop
36	36	2.5skills to live and work as independently as possible within the community. The individualized
37	37	2.6education program team must consider positive behavioral interventions, strategies, and
38	38	2.7supports that address behavior needs for children. During grade 9, the program must address
39	39	2.8the student's needs for transition from secondary services to postsecondary education and
40	40	2.9training, employment, community participation, recreation, and leisure and home living. In
41	41	2.10developing the program, districts must inform parents of the full range of transitional goals
42	42	2.11and related services that should be considered. The program must include a statement of
43	43	2.12the needed transition services, including a statement of the interagency responsibilities or
44	44	2.13linkages or both before secondary services are concluded. If the individualized education
45	45	2.14program meets the plan components in section 120B.125, the individualized education
46	46	2.15program satisfies the requirement and no additional transition plan is needed;
47	47	2.16 (2) children with a disability under age five and their families are provided special
48	48	2.17instruction and services appropriate to the child's level of functioning and needs;
49	49	2.18 (3) children with a disability and their parents or guardians are guaranteed procedural
50	50	2.19safeguards and the right to participate in decisions involving identification, assessment
51	51	2.20including assistive technology assessment, and educational placement of children with a
52	52	2.21disability;
53	53	2.22 (4) eligibility and needs of children with a disability are determined by an initial
54	54	2.23evaluation or reevaluation, which may be completed using existing data under United States
55	55	2.24Code, title 20, section 33, et seq.;
56	56	2.25 (5) to the maximum extent appropriate, children with a disability, including those in
57	57	2.26public or private institutions or other care facilities, are educated with children who are not
58	58	2.27disabled, and that special classes, separate schooling, or other removal of children with a
59	59	2.28disability from the regular educational environment occurs only when and to the extent that
60	60	2.29the nature or severity of the disability is such that education in regular classes with the use
61	61	2.30of supplementary services cannot be achieved satisfactorily;
62	62	2.31 (6) in accordance with recognized professional standards, testing and evaluation materials,
63	63	2.32and procedures used for the purposes of classification and placement of children with a
64	64	2.33disability are selected and administered so as not to be racially or culturally discriminatory;
65	65	2.34and
66	66	2Section 1.
67	67	23-01642 as introduced01/05/23 REVISOR CM/AD 3.1 (7) the rights of the child are protected when the parents or guardians are not known or
68	68	3.2not available, or the child is a ward of the state.
69	69	3.3 (c) For all paraprofessionals employed to work in programs whose role in part is to
70	70	3.4provide direct support to students with disabilities, the school board in each district shall
71	71	3.5ensure that:
72	72	3.6 (1) before or beginning at the time of employment, each paraprofessional must develop
73	73	3.7sufficient knowledge and skills in emergency procedures, building orientation, roles and
74	74	3.8responsibilities, confidentiality, vulnerability, and reportability, among other things, to begin
75	75	3.9meeting the needs, especially disability-specific and behavioral needs, of the students with
76	76	3.10whom the paraprofessional works;
77	77	3.11 (2) before beginning work alone with an individual student with a disability, the assigned
78	78	3.12paraprofessional must be either given paid time, or time during the school day, to review a
79	79	3.13student's individualized education program or be briefed on the student's specific needs by
80	80	3.14appropriate staff;
81	81	3.15 (2) (3) annual training opportunities are required to enable the paraprofessional to
82	82	3.16continue to further develop the knowledge and skills that are specific to the students with
83	83	3.17whom the paraprofessional works, including understanding disabilities, the unique and
84	84	3.18individual needs of each student according to the student's disability and how the disability
85	85	3.19affects the student's education and behavior, following lesson plans, and implementing
86	86	3.20follow-up instructional procedures and activities; and
87	87	3.21 (4) a minimum of 16 hours of paid orientation or professional development must be
88	88	3.22provided annually to all paraprofessionals, Title I aides, and other instructional support
89	89	3.23staff. Eight of the 16 hours must be completed before the first instructional day of the school
90	90	3.24year or within 30 days of hire. The orientation or professional development must be relevant
91	91	3.25to the employee's occupation and may include collaboration time with classroom teachers
92	92	3.26and planning for the school year. For paraprofessionals who provide direct support to
93	93	3.27students, at least 50 percent of the professional development or orientation must be dedicated
94	94	3.28to meeting the requirements of this section. Professional development for paraprofessionals
95	95	3.29may also address the requirements of section 120B.363, subdivision 3. A school administrator
96	96	3.30must provide an annual certification of compliance with this requirement to the commissioner;
97	97	3.31and
98	98	3.32 (3) (5) a districtwide process obligates each paraprofessional to work under the ongoing
99	99	3.33direction of a licensed teacher and, where appropriate and possible, the supervision of a
100	100	3.34school nurse.
101	101	3Section 1.
102	102	23-01642 as introduced01/05/23 REVISOR CM/AD 4.1 (d) A school district may conduct a functional behavior assessment as defined in
103	103	4.2Minnesota Rules, part 3525.0210, subpart 22, as a stand-alone evaluation without conducting
104	104	4.3a comprehensive evaluation of the student in accordance with prior written notice provisions
105	105	4.4in section 125A.091, subdivision 3a. A parent or guardian may request that a school district
106	106	4.5conduct a comprehensive evaluation of the parent's or guardian's student.
107	107	4.6 Sec. 2. APPROPRIATION.
108	108	4.7 Subdivision 1.Department of Education.The sums in this section are appropriated
109	109	4.8from the general fund to the commissioner of education in the fiscal years designated.
110	110	4.9 Subd. 2.Paraprofessional training.For compensation associated with paid orientation
111	111	4.10and professional development for paraprofessionals under Minnesota Statutes, section
112	112	4.11125A.08:
113	113	2024............4.12 $
114	114	2025............4.13 $
115	115	4Sec. 2.
116	116	23-01642 as introduced01/05/23 REVISOR CM/AD