| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to education; requiring due process time for special education forms and |
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| 3 | 3 | | 1.3 procedures; establishing due process aid; appropriating money; proposing coding |
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| 4 | 4 | | 1.4 for new law in Minnesota Statutes, chapter 125A. |
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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. [125A.081] DUE PROCESS DAYS AND AID. |
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| 7 | 7 | | 1.7 Subdivision 1.Due process forms and procedure days.Beginning with the 2025-2026 |
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| 8 | 8 | | 1.8school year, a school district must use the revenue under this section to provide teachers |
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| 9 | 9 | | 1.9time to complete due process forms and procedures in accordance with the plan developed |
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| 10 | 10 | | 1.10under subdivision 2. This time is in addition to the preparation time under section 122A.50. |
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| 11 | 11 | | 1.11For purposes of this section, "school district" includes a charter school or cooperative unit |
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| 12 | 12 | | 1.12where teachers have an exclusive representative for purposes of collective bargaining. |
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| 13 | 13 | | 1.13 Subd. 2.Plan.(a) A district must meet and negotiate an agreement with the exclusive |
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| 14 | 14 | | 1.14representative of teachers in the district containing a plan to use the revenue authorized |
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| 15 | 15 | | 1.15under this section to provide teachers that provide direct services to students with |
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| 16 | 16 | | 1.16individualized education programs or individualized family services plans four contract |
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| 17 | 17 | | 1.17days each school year to complete due process forms and procedures. The four days must |
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| 18 | 18 | | 1.18be equally distributed throughout the school year. The plan must describe the district's |
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| 19 | 19 | | 1.19staffing plan for the days teachers are completing due process forms and procedures. |
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| 20 | 20 | | 1.20 (b) If the district and the exclusive representative cannot reach agreement on a staffing |
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| 21 | 21 | | 1.21plan for the four due process days, the agreement must require the district to use the revenue |
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| 22 | 22 | | 1.22for substitute teachers to replace the teachers completing due process forms and procedures |
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| 23 | 23 | | 1.23on due process days. |
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| 24 | 24 | | 1Section 1. |
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| 25 | 25 | | 25-03973 as introduced02/19/25 REVISOR CR/KR |
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| 26 | 26 | | SENATE |
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| 27 | 27 | | STATE OF MINNESOTA |
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| 28 | 28 | | S.F. No. 2787NINETY-FOURTH SESSION |
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| 29 | 29 | | (SENATE AUTHORS: WESTLIN and Kunesh) |
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| 30 | 30 | | OFFICIAL STATUSD-PGDATE |
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| 31 | 31 | | Introduction and first reading03/20/2025 |
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| 32 | 32 | | Referred to Education Policy 2.1 Subd. 3.Due process aid.(a) A school district that enrolls students is eligible for due |
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| 33 | 33 | | 2.2process aid. |
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| 34 | 34 | | 2.3 (b) The Department of Education must calculate the statewide average cost of four |
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| 35 | 35 | | 2.4additional due process days for teachers providing direct services to students with |
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| 36 | 36 | | 2.5individualized education programs or individualized family services plans based on the |
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| 37 | 37 | | 2.6most recent available data. For fiscal year 2026, the department must convert that amount |
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| 38 | 38 | | 2.7to a statewide allowance per enrollee for school districts and an equivalent amount for each |
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| 39 | 39 | | 2.8cooperative unit. For fiscal year 2027 and later, the department must reduce the statewide |
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| 40 | 40 | | 2.9allowances established in 2026 by the statewide average amount of due process day expenses |
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| 41 | 41 | | 2.10added to eligible special education expenditures for the previous year. |
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| 42 | 42 | | 2.11 (c) The department must determine the fiscal year 2026 allowances by June 1, 2025, |
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| 43 | 43 | | 2.12and the fiscal year 2027 allowances by March 15, 2026. The department must establish the |
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| 44 | 44 | | 2.13allowances for fiscal years 2028 and later by March 15 of the previous year. |
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| 45 | 45 | | 2.14 EFFECTIVE DATE.This section is effective the day following final enactment. |
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| 46 | 46 | | 2.15 Sec. 2. APPROPRIATION; SPECIAL EDUCATION DUE PROCESS AID. |
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| 47 | 47 | | 2.16 Subdivision 1.Department of Education.The sums indicated in this section are |
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| 48 | 48 | | 2.17appropriated from the general fund to the Department of Education for the fiscal years |
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| 49 | 49 | | 2.18designated. |
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| 50 | 50 | | 2.19 Subd. 2.Due process aid.For special education teacher due process aid under Minnesota |
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| 51 | 51 | | 2.20Statutes, section 125A.081: |
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| 52 | 52 | | 2026............2.21 $ |
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| 53 | 53 | | 2027............2.22 $ |
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| 54 | 54 | | 2.23 EFFECTIVE DATE.This section is effective July 1, 2025. |
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| 55 | 55 | | 2Sec. 2. |
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| 56 | 56 | | 25-03973 as introduced02/19/25 REVISOR CR/KR |
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