1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to education; modifying the age for a child with a disability to receive |
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3 | 3 | | 1.3 special instruction and services; amending Minnesota Statutes 2024, section |
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4 | 4 | | 1.4 125A.03. |
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5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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6 | 6 | | 1.6 Section 1. Minnesota Statutes 2024, section 125A.03, is amended to read: |
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7 | 7 | | 1.7 125A.03 SPECIAL INSTRUCTION FOR CHILDREN WITH A DISABILITY. |
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8 | 8 | | 1.8 (a) As defined in paragraph (b), every district must provide special instruction and |
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9 | 9 | | 1.9services, either within the district or in another district, for all children with a disability, |
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10 | 10 | | 1.10including providing required services under Code of Federal Regulations, title 34, section |
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11 | 11 | | 1.11300.121, paragraph (d), to those children suspended or expelled from school for more than |
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12 | 12 | | 1.12ten school days in that school year, who are residents of the district and who are disabled |
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13 | 13 | | 1.13as set forth in section 125A.02. For purposes of state and federal special education laws, |
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14 | 14 | | 1.14the phrase "special instruction and services" in the state Education Code means a free and |
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15 | 15 | | 1.15appropriate public education provided to an eligible child with disabilities. "Free appropriate |
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16 | 16 | | 1.16public education" means special education and related services that: |
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17 | 17 | | 1.17 (1) are provided at public expense, under public supervision and direction, and without |
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18 | 18 | | 1.18charge; |
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19 | 19 | | 1.19 (2) meet the standards of the state, including the requirements of the Individuals with |
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20 | 20 | | 1.20Disabilities Education Act, Part B or C; |
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21 | 21 | | 1.21 (3) include an appropriate preschool, elementary school, or secondary school education; |
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22 | 22 | | 1.22and |
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23 | 23 | | 1Section 1. |
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24 | 24 | | 25-03171 as introduced02/05/25 REVISOR CR/HL |
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25 | 25 | | SENATE |
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26 | 26 | | STATE OF MINNESOTA |
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27 | 27 | | S.F. No. 1591NINETY-FOURTH SESSION |
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28 | 28 | | (SENATE AUTHORS: FARNSWORTH, Maye Quade, Gustafson, Hoffman and Abeler) |
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29 | 29 | | OFFICIAL STATUSD-PGDATE |
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30 | 30 | | Introduction and first reading02/20/2025 |
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31 | 31 | | Referred to Education Policy 2.1 (4) are provided to children ages three through 21 in conformity with an individualized |
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32 | 32 | | 2.2education program that meets the requirements of the Individuals with Disabilities Education |
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33 | 33 | | 2.3Act, subpart A, sections 300.320 to 300.324, and provided to infants and toddlers in |
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34 | 34 | | 2.4conformity with an individualized family service plan that meets the requirements of the |
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35 | 35 | | 2.5Individuals with Disabilities Education Act, subpart A, sections 303.300 to 303.346. |
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36 | 36 | | 2.6 (b) Notwithstanding any age limits in laws to the contrary, special instruction and services |
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37 | 37 | | 2.7must be provided from birth until July 1 after the child with a disability becomes 22 years |
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38 | 38 | | 2.8old but shall not extend beyond secondary school or its equivalent, except as provided in |
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39 | 39 | | 2.9section 124D.68, subdivision 2. Local health, education, and social service agencies must |
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40 | 40 | | 2.10refer children under age five who are known to need or suspected of needing special |
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41 | 41 | | 2.11instruction and services to the school district. Districts with less than the minimum number |
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42 | 42 | | 2.12of eligible children with a disability as determined by the commissioner must cooperate |
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43 | 43 | | 2.13with other districts to maintain a full range of programs for education and services for |
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44 | 44 | | 2.14children with a disability. This section does not alter the compulsory attendance requirements |
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45 | 45 | | 2.15of section 120A.22. |
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46 | 46 | | 2.16 (c) At the board's discretion, a school district that participates in a reciprocity agreement |
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47 | 47 | | 2.17with a neighboring state under section 124D.041 may enroll and provide special instruction |
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48 | 48 | | 2.18and services to a child from an adjoining state whose family resides at a Minnesota address |
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49 | 49 | | 2.19as assigned by the United States Postal Service if the district has completed child |
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50 | 50 | | 2.20identification procedures for that child to determine the child's eligibility for special education |
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51 | 51 | | 2.21services, and the child has received developmental screening under sections 142D.09 to |
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52 | 52 | | 2.22142D.093. |
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53 | 53 | | 2.23 EFFECTIVE DATE.This section is effective for the 2025-2026 school year and later. |
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54 | 54 | | 2Section 1. |
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55 | 55 | | 25-03171 as introduced02/05/25 REVISOR CR/HL |
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