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