1.1                          A bill for an act
  1.2             relating to education; coordinating local service 
  1.3             delivery; referring to federal special education 
  1.4             requirements; changing procedures; amending the pupil 
  1.5             fair dismissal act; facilitating third-party payments; 
  1.6             encouraging alternative education programs; providing 
  1.7             state aid for certain school district litigation 
  1.8             costs; directing the state board of education to amend 
  1.9             special education rules; allowing school districts to 
  1.10            provide certain services at nonpublic schools; 
  1.11            appropriating money; amending Minnesota Statutes 1996, 
  1.12            sections 120.06, subdivision 2a; 120.064, subdivision 
  1.13            5; 120.101, subdivision 3; 120.17, subdivisions 1, 2, 
  1.14            3, 3a, 3b, 9, and 15; 120.1701, subdivisions 5 and 17; 
  1.15            120.173, subdivision 1; 123.935, subdivisions 1 and 2; 
  1.16            124.248, subdivision 1a; 124.32, by adding a 
  1.17            subdivision; 124.3201, subdivision 5; 124.323, by 
  1.18            adding subdivisions; 124A.034, subdivision 2; 
  1.19            124A.036, subdivisions 1a, 4, and by adding a 
  1.20            subdivision; 124C.45, subdivision 2; 124C.47; 124C.48, 
  1.21            by adding a subdivision; 126.237; 127.27, subdivisions 
  1.22            2 and 4; and 256B.0625, subdivision 26; Minnesota 
  1.23            Statutes 1997 Supplement, sections 124.3111, 
  1.24            subdivisions 2 and 3; 124.3201, subdivisions 1 and 4; 
  1.25            124C.46, subdivisions 1 and 2; 127.27, subdivisions 10 
  1.26            and 11; 127.281; 127.31, subdivision 15; 127.32; 
  1.27            127.36, subdivision 1; and 127.38; proposing coding 
  1.28            for new law in Minnesota Statutes, chapters 62Q; and 
  1.29            120. 
  1.30  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.31                             ARTICLE 1
  1.32               COORDINATED DELIVERY OF LOCAL SERVICES
  1.33     Section 1.  [120.1703] [COORDINATED INTERAGENCY SERVICES.] 
  1.34     Subdivision 1.  [CITATION.] Sections 120.1703 and 120.1705 
  1.35  shall be cited as the "Interagency Services for Children with 
  1.36  Disabilities Act." 
  1.37     Subd. 2.  [PURPOSE.] It is the policy of the state to 
  2.1   develop and implement a coordinated, multidisciplinary, 
  2.2   interagency intervention service system for children ages three 
  2.3   to 21 with disabilities. 
  2.4      Subd. 3.  [DEFINITIONS.] For purposes of sections 120.1703 
  2.5   and 120.1705, the following terms have the meanings given them: 
  2.6      (a) "Health plan company" has the meaning provided in 
  2.7   section 62Q.01, subdivision 4. 
  2.8      (b) "Individual interagency intervention plan" means a 
  2.9   standardized written plan describing those programs or services 
  2.10  and the accompanying funding sources available to eligible 
  2.11  children with disabilities. 
  2.12     (c) "Interagency intervention service system" means a 
  2.13  system that coordinates services and programs required in state 
  2.14  law to meet the needs of eligible children with disabilities 
  2.15  ages three to 21, including: 
  2.16     (1) services provided under the following programs or 
  2.17  initiatives administered by state or local agencies: 
  2.18     (i) the maternal and child health program under title V of 
  2.19  the Social Security Act, United States Code, title 42, sections 
  2.20  701 to 709; 
  2.21     (ii) the Individuals with Disabilities Education Act under 
  2.22  United States Code, title 20, chapter 33, subchapter II, 
  2.23  sections 1411 to 1420; 
  2.24     (iii) medical assistance under the Social Security Act, 
  2.25  United States Code, title 42, chapter 7, subchapter XIX, section 
  2.26  1396 et seq.; 
  2.27     (iv) the Developmental Disabilities Assistance and Bill of 
  2.28  Rights Act, United States Code, title 42, chapter 75, subchapter 
  2.29  II, sections 6021 to 6030, Part B; 
  2.30     (v) the Head Start Act, United States Code, title 42, 
  2.31  chapter 105, subchapter II, sections 9831 to 9852; 
  2.32     (vi) rehabilitation services provided under chapter 268A; 
  2.33     (vii) juvenile court act services provided under sections 
  2.34  260.011 to 260.301; 
  2.35     (viii) the children's mental health collaboratives under 
  2.36  section 245.493; and 
  3.1      (ix) the family service collaboratives under section 
  3.2   
  3.3   121.8355; 
  3.4      (2) services provided by health plan companies in 
  3.5   conformity with an individual family service plan or an 
  3.6   individual education plan; and 
  3.7      (3) additional appropriate services that local agencies 
  3.8   provide on a voluntary basis upon request of the interagency 
  3.9   early intervention committee and the child's parent. 
  3.10     (d) "Children with disabilities" has the meaning given in 
  3.11  section 120.03. 
  3.12     (e) A "standardized written plan" means those services or 
  3.13  programs available through the interagency intervention service 
  3.14  system to an eligible child other than the services or programs 
  3.15  described in the child's individual education plan or the 
  3.16  child's individual family service plan. 
  3.17     Subd. 4.  [STATE INTERAGENCY COMMITTEE.] (a) The governor 
  3.18  shall convene by July 1, 1998, a 14-member interagency committee 
  3.19  to develop and implement a coordinated, multidisciplinary, 
  3.20  interagency intervention service system for children ages three 
  3.21  to 21 with disabilities.  The commissioners of commerce; 
  3.22  children, families, and learning; health; human rights; human 
  3.23  services; economic security; and corrections shall each appoint 
  3.24  two committee members.  The committee shall select a chair from 
  3.25  among its members.  The committee shall meet at least monthly. 
  3.26     (b) The committee shall: 
  3.27     (1) identify and assist in removing state and federal 
  3.28  barriers to local coordination of services provided to children 
  3.29  with disabilities; 
  3.30     (2) ensure adequate, equitable, and flexible funding 
  3.31  streams for these services; 
  3.32     (3) develop guidelines for implementing policies that 
  3.33  ensure a comprehensive and coordinated system of all state and 
  3.34  local agency services, including multidisciplinary assessment 
  3.35  practices for children with disabilities ages three to 21; 
  3.36     (4) develop, consistent with federal law, a standardized 
  3.37  written plan for providing services to a child with 
  4.1   disabilities; 
  4.2      (5) identify how current systems for dispute resolution can 
  4.3   be coordinated and develop guidelines for that coordination; 
  4.4      (6) develop an evaluation process to measure the success of 
  4.5   state and local interagency efforts in improving the quality and 
  4.6   coordination of services to children with disabilities ages 
  4.7   three to 21; 
  4.8      (7) develop guidelines to assist the governing boards of 
  4.9   the interagency early intervention committees in carrying out 
  4.10  the duties assigned in section 120.1705, subdivision 1, 
  4.11  paragraph (b); and 
  4.12     (8) carry out other duties necessary to develop and 
  4.13  implement within communities a coordinated, multidisciplinary, 
  4.14  interagency intervention service system for children with 
  4.15  disabilities. 
  4.16     Subd. 5.  [INTERVENTION DEMONSTRATION PROJECTS.] (a) The 
  4.17  state interagency committee shall issue a request for proposals 
  4.18  by January 1, 1999, to provide grants to the governing boards of 
  4.19  five interagency intervention committees under section 120.1705 
  4.20  to establish voluntary interagency intervention demonstration 
  4.21  projects.  One grant shall be used to implement a coordinated 
  4.22  service system for all eligible children with disabilities up to 
  4.23  age 5 who received services under section 120.1701.  Each 
  4.24  project must be operational by July 1, 1999.  The governing 
  4.25  boards of the interagency early intervention committees 
  4.26  receiving project grants must develop efficient ways to 
  4.27  coordinate services and funding for children with disabilities 
  4.28  ages three to 21, consistent with the requirements of sections 
  4.29  120.1703 and 120.1705 and the guidelines developed by the state 
  4.30  interagency committee under this section. 
  4.31     (b) The state interagency committee shall evaluate the 
  4.32  demonstration projects and provide the evaluation results to 
  4.33  interagency early intervention committees. 
  4.34     Subd. 6.  [THIRD-PARTY LIABILITY.] Nothing in sections 
  4.35  120.1703 and 120.1705 relieves a health plan company or other 
  4.36  third-party payer of an obligation to pay for, or changes the 
  5.1   validity of an obligation to pay for, services provided to 
  5.2   children with disabilities ages three to 21 and their families. 
  5.3      Subd. 7.  [AGENCY OBLIGATION.] Nothing in sections 120.1703 
  5.4   and 120.1705 removes the obligation of the state, a regional 
  5.5   agency, or a local agency or organization to comply with any 
  5.6   federal or state law that mandates responsibility for finding, 
  5.7   assessing, delivering, assuring, or paying for instruction or 
  5.8   services for children with disabilities and their families. 
  5.9      Sec. 2.  [120.1705] [INTERAGENCY EARLY INTERVENTION 
  5.10  COMMITTEE RESPONSIBILITIES.] 
  5.11     Subdivision 1.  [ADDITIONAL DUTIES.] (a) The governing 
  5.12  boards of the interagency early intervention committees are 
  5.13  responsible for developing and implementing interagency policies 
  5.14  and procedures to coordinate services at the local level for 
  5.15  children with disabilities ages three to 21 according to 
  5.16  guidelines established by the state interagency committee under 
  5.17  section 120.1703, subdivision 4.  Interagency early intervention 
  5.18  committees shall organize as a joint powers board under section 
  5.19  471.59 consistent with the requirements in sections 120.1703 and 
  5.20  120.1705. 
  5.21     (b) The governing board of each interagency early 
  5.22  intervention committee as defined in section 120.1701, 
  5.23  subdivision 5, paragraph (a), which may include a juvenile 
  5.24  justice professional, shall: 
  5.25     (1) identify and assist in removing state and federal 
  5.26  barriers to local coordination of services provided to children 
  5.27  with disabilities; 
  5.28     (2) ensure adequate, equitable, and flexible local funding 
  5.29  streams for these services; 
  5.30     (3) implement policies that ensure a comprehensive and 
  5.31  coordinated system of all state and local agency services, 
  5.32  including multidisciplinary assessment practices, for children 
  5.33  with disabilities ages three to 21; 
  5.34     (4) use a standardized written plan for providing services 
  5.35  to a child with disabilities developed under section 120.1703; 
  5.36     (5) access the coordinated dispute resolution system and 
  6.1   incorporate the guidelines for coordinating services at the 
  6.2   local level, consistent with section 120.1703; 
  6.3      (6) use the evaluation process to measure the success of 
  6.4   the local interagency effort in improving the quality and 
  6.5   coordination of services to children with disabilities ages 
  6.6   three to 21 consistent with section 120.1703; 
  6.7      (7) develop a transitional plan for children moving from 
  6.8   the interagency early childhood intervention system under 
  6.9   section 120.1701 into the interagency intervention service 
  6.10  system under this section; 
  6.11     (8) coordinate services and facilitate payment for services 
  6.12  from public and private institutions, agencies, and insurers; 
  6.13  and 
  6.14     (9) share needed information consistent with state and 
  6.15  federal data practices requirements. 
  6.16     Subd. 2.  [SERVICES.] Parents, physicians, other health 
  6.17  care professionals, and educational and human services providers 
  6.18  jointly must determine appropriate and medically necessary 
  6.19  services for eligible children with disabilities ages three to 
  6.20  21.  The services provided to the child must conform with the 
  6.21  child's standardized written plan.  The governing board of an 
  6.22  interagency early intervention committee must provide those 
  6.23  services contained in a child's individual education plan and 
  6.24  those services for which a legal obligation exists to the extent 
  6.25  funding is available.  All other services contained in the 
  6.26  standardized written plan are not entitlements, and the 
  6.27  availability of such other services is limited by available 
  6.28  funding. 
  6.29     Subd. 3.  [IMPLEMENTATION TIMELINE.] (a) By July 1, 2000, 
  6.30  all governing boards of interagency early intervention 
  6.31  committees statewide must implement a coordinated service system 
  6.32  for children up to age five with disabilities consistent with 
  6.33  the requirements of sections 120.1703 and 120.1705 and the 
  6.34  evaluation results from the demonstration projects under section 
  6.35  120.1703, subdivision 5.  Children with disabilities up to the 
  6.36  age of 21 shall be eligible for coordinated services and their 
  7.1   eligibility to receive such services under this section shall be 
  7.2   phased-in over a four-year period as follows: 
  7.3      (1) July 1, 2001, children up to age nine become eligible; 
  7.4      (2) July 1, 2002, children up to age 14 become eligible; 
  7.5      (3) July 1, 2003, children up to age 18 become eligible; 
  7.6   and 
  7.7      (4) July 1, 2004, children up to age 21 become eligible. 
  7.8      Subd. 4.  [STATEWIDE INTERAGENCY INTERVENTION SERVICE 
  7.9   SYSTEM IMPLEMENTATION.] By July 1, 2001, each county or 
  7.10  multicounty interagency intervention service system shall be 
  7.11  established and begin providing coordinated services for 
  7.12  children aging out of the interagency early childhood 
  7.13  intervention system under section 120.1701. 
  7.14     Sec. 3.  Minnesota Statutes 1996, section 120.1701, 
  7.15  subdivision 5, is amended to read: 
  7.16     Subd. 5.  [INTERAGENCY EARLY INTERVENTION COMMITTEES.] (a) 
  7.17  A school district, group of districts, or special education 
  7.18  cooperative, in cooperation with the health and human service 
  7.19  agencies located in the county or counties in which the district 
  7.20  or cooperative is located, shall establish an interagency early 
  7.21  intervention committee for children with disabilities under age 
  7.22  five and their families under this section, and for children 
  7.23  with disabilities ages three to 21 consistent with the 
  7.24  requirements under sections 120.1703 and 120.1705.  Committees 
  7.25  shall include representatives of local and regional health, 
  7.26  education, and county human service agencies; county boards; 
  7.27  school boards; early childhood family education programs; 
  7.28  parents of young children with disabilities under age 12; 
  7.29  current service providers; and may also include representatives 
  7.30  from other private or public agencies.  The committee shall 
  7.31  elect a chair from among its members and shall meet at least 
  7.32  quarterly. 
  7.33     (b) The committee shall develop and implement interagency 
  7.34  policies and procedures concerning the following ongoing duties: 
  7.35     (1) develop public awareness systems designed to inform 
  7.36  potential recipient families of available programs and services; 
  8.1      (2) implement interagency child find systems designed to 
  8.2   actively seek out, identify, and refer infants and young 
  8.3   children with, or at risk of, disabilities and their families; 
  8.4      (3) establish and evaluate the identification, referral, 
  8.5   child and family assessment systems, procedural safeguard 
  8.6   process, and community learning systems to recommend, where 
  8.7   necessary, alterations and improvements; 
  8.8      (4) assure the development of individualized family service 
  8.9   plans for all eligible infants and toddlers with disabilities 
  8.10  from birth through age two, and their families, and individual 
  8.11  education plans and individual service plans when necessary to 
  8.12  appropriately serve children with disabilities, age three and 
  8.13  older, and their families and recommend assignment of financial 
  8.14  responsibilities to the appropriate agencies.  Agencies are 
  8.15  encouraged to develop individual family service plans for 
  8.16  children with disabilities, age three and older; 
  8.17     (5) implement a process for assuring that services involve 
  8.18  cooperating agencies at all steps leading to individualized 
  8.19  programs; 
  8.20     (6) facilitate the development of a transitional plan if a 
  8.21  service provider is not recommended to continue to provide 
  8.22  services; 
  8.23     (7) identify the current services and funding being 
  8.24  provided within the community for children with disabilities 
  8.25  under age five and their families; 
  8.26     (8) develop a plan for the allocation and expenditure of 
  8.27  additional state and federal early intervention funds under 
  8.28  United States Code, title 20, section 1471 et seq. (Part H, 
  8.29  Public Law Number 102-119) and United States Code, title 20, 
  8.30  section 631, et seq. (Chapter I, Public Law Number 89-313); and 
  8.31     (9) develop a policy that is consistent with section 13.05, 
  8.32  subdivision 9, and federal law to enable a member of an 
  8.33  interagency early intervention committee to allow another member 
  8.34  access to data classified as not public. 
  8.35     (c) The local committee shall also: 
  8.36     (1) participate in needs assessments and program planning 
  9.1   activities conducted by local social service, health and 
  9.2   education agencies for young children with disabilities and 
  9.3   their families; 
  9.4      (2) review and comment on the early intervention section of 
  9.5   the total special education system for the district, the county 
  9.6   social service plan, the section or sections of the community 
  9.7   health services plan that address needs of and service 
  9.8   activities targeted to children with special health care needs, 
  9.9   and the section of the maternal and child health special project 
  9.10  grants that address needs of and service activities targeted to 
  9.11  children with chronic illness and disabilities; and 
  9.12     (3) prepare a yearly summary on the progress of the 
  9.13  community in serving young children with disabilities, and their 
  9.14  families, including the expenditure of funds, the identification 
  9.15  of unmet service needs identified on the individual family 
  9.16  services plan and other individualized plans, and local, state, 
  9.17  and federal policies impeding the implementation of this section.
  9.18     (d) The summary must be organized following a format 
  9.19  prescribed by the commissioner of the state lead agency and must 
  9.20  be submitted to each of the local agencies and to the state 
  9.21  interagency coordinating council by October 1 of each year. 
  9.22     The departments of children, families, and learning, 
  9.23  health, and human services must provide assistance to the local 
  9.24  agencies in developing cooperative plans for providing services. 
  9.25                             ARTICLE 2 
  9.26                     SPECIAL EDUCATION POLICIES 
  9.27     Section 1.  [62Q.59] [ACCESS TO EDUCATIONALLY RELATED 
  9.28  HEALTH CARE SERVICES.] 
  9.29     Subdivision 1.  [APPLICABILITY.] This section applies to 
  9.30  health plans, as defined in section 62Q.01, subdivision 3. 
  9.31     Subd. 2.  [COVERAGE FOR SCHOOL-PROVIDED SERVICES 
  9.32  REQUIRED.] (a) Health plans must cover health care services, 
  9.33  drugs, equipment, and supplies provided by or arranged by a 
  9.34  school district, through its employees or otherwise, if required 
  9.35  under an individual educational plan, as defined under section 
  9.36  120.17, subdivision 2. 
 10.1      (b) This section does not require health plans to cover 
 10.2   services, drugs, equipment, and supplies that are not otherwise 
 10.3   covered under the health plan. 
 10.4      (c) A health plan must not exclude coverage under this 
 10.5   section on the basis that the services are received outside of 
 10.6   the health plan's network of providers. 
 10.7      Subd. 3.  [CONDITIONS.] (a) Subdivision 2 applies only if 
 10.8   the school district: 
 10.9      (1) agrees to accept reimbursement at the negotiated or 
 10.10  other rate at which the health plan company reimburses other 
 10.11  providers for similar services; 
 10.12     (2) upon request, provides the health plan company with a 
 10.13  copy of the individual educational plan and with records of the 
 10.14  diagnosis and treatment, consistent with the requirements in 
 10.15  paragraph (b); 
 10.16     (3) provides the health plan company with an itemized bill 
 10.17  in the format the health plan company requires; and 
 10.18     (4) provides or arranges for services to be received from 
 10.19  health care providers acting within the scope of their licensure.
 10.20     (b) A school district may disclose information contained in 
 10.21  a student's individual education plan and records of the 
 10.22  student's diagnosis and treatment to a health plan company only 
 10.23  with the signed and dated consent of the student's parent or the 
 10.24  eligible student authorizing the disclosure.  The school 
 10.25  district shall disclose only that information necessary for the 
 10.26  health plan company to decide matters of reimbursement.  The 
 10.27  consent to disclose information is valid for up to one year from 
 10.28  the date the consent is signed and may be revoked in writing by 
 10.29  the person authorizing the disclosure.  A health plan company 
 10.30  may use the information only for making decisions regarding 
 10.31  reimbursement, and no other use or dissemination of the 
 10.32  information is authorized.  A violation of this paragraph is an 
 10.33  unfair practice in the business of insurance under chapter 72A. 
 10.34     Subd. 4.  [DISTRICT PAYMENT OF ENROLLEE COST SHARING.] No 
 10.35  health plan shall prohibit payment by a school district, on 
 10.36  behalf of an enrollee, of the enrollee's copayments, 
 11.1   coinsurance, deductibles, or other enrollee cost-sharing 
 11.2   amounts, for services, drugs, equipment, or supplies required 
 11.3   under an individual educational plan. 
 11.4      Sec. 2.  [120.031] [TECHNICAL ASSISTANCE TO MAXIMIZE 
 11.5   MEDICAL ASSISTANCE REIMBURSEMENT.] 
 11.6      Subdivision 1.  [DEFINITION.] For purposes of this section, 
 11.7   cooperative unit has the meaning given in section 123.35, 
 11.8   subdivision 19b, paragraph (d). 
 11.9      Subd. 2.  [PROVIDING ASSISTANCE AND TRAINING.] The 
 11.10  commissioner, in cooperation with the commissioner of human 
 11.11  services, shall provide technical assistance and training to 
 11.12  school districts and cooperative units to allow these entities 
 11.13  to maximize medical assistance reimbursement for health and 
 11.14  health-related services provided under individual education 
 11.15  plans and individual family service plans.  The commissioner 
 11.16  shall make available to school district and cooperative unit 
 11.17  staff technical assistance and training to: 
 11.18     (1) establish medical assistance billing systems or improve 
 11.19  existing systems; 
 11.20     (2) understand the appropriate medical assistance billing 
 11.21  codes for services provided under individual education plans and 
 11.22  individual family service plans; 
 11.23     (3) comply with the Individuals with Disabilities Education 
 11.24  Act, Public Law Number 105-17; 
 11.25     (4) contract with billing agents; and 
 11.26     (5) carry out other activities necessary to maximize 
 11.27  medical assistance reimbursement. 
 11.28     Sec. 3.  Minnesota Statutes 1996, section 120.06, 
 11.29  subdivision 2a, is amended to read: 
 11.30     Subd. 2a.  [EDUCATION AND RESIDENCE OF HOMELESS.] (a) 
 11.31  Notwithstanding subdivision 1, a school district must not deny 
 11.32  free admission to a homeless person of school age solely because 
 11.33  the school district cannot determine that the person is a 
 11.34  resident of the school district.  
 11.35     (b) The school district of residence for a homeless person 
 11.36  of school age shall be the school district in which the homeless 
 12.1   shelter or other program, center, or facility assisting the 
 12.2   homeless person is located.  The educational services a school 
 12.3   district provides to a homeless person must allow the person to 
 12.4   meet the graduation standards under section 121.11, subdivision 
 12.5   7c, and, at a minimum, appropriate to the highest grade level in 
 12.6   which the homeless person has been enrolled. 
 12.7      Sec. 4.  Minnesota Statutes 1996, section 120.064, 
 12.8   subdivision 5, is amended to read: 
 12.9      Subd. 5.  [CONTRACT.] The sponsor's authorization for a 
 12.10  charter school shall be in the form of a written contract signed 
 12.11  by the sponsor and the board of directors of the charter 
 12.12  school.  The contract for a charter school shall be in writing 
 12.13  and contain at least the following: 
 12.14     (1) a description of a program that carries out one or more 
 12.15  of the purposes in subdivision 1; 
 12.16     (2) specific outcomes pupils are to achieve under 
 12.17  subdivision 10; 
 12.18     (3) admission policies and procedures; 
 12.19     (4) management and administration of the school; 
 12.20     (5) requirements and procedures for program and financial 
 12.21  audits; 
 12.22     (6) how the school will comply with subdivisions 8, 13, 15, 
 12.23  and 21; 
 12.24     (7) assumption of liability by the charter school; 
 12.25     (8) types and amounts of insurance coverage to be obtained 
 12.26  by the charter school; ~~and~~ 
 12.27     (9) the term of the contract, which may be up to three 
 12.28  years; and 
 12.29     (10) if the board of directors or the operators of the 
 12.30  charter school provide special instruction and services for 
 12.31  children with a disability under section 120.17, a description 
 12.32  of the financial parameters within which the charter school will 
 12.33  operate to provide the special instruction and services to 
 12.34  children with a disability and the measures the charter school 
 12.35  will undertake to involve the resident school district in 
 12.36  decisions affecting the identification, assessment, or 
 13.1   educational placement of children with a disability enrolled in 
 13.2   the charter school. 
 13.3      Sec. 5.  Minnesota Statutes 1996, section 120.101, 
 13.4   subdivision 3, is amended to read: 
 13.5      Subd. 3.  [PARENT DEFINED; RESIDENCY DETERMINED.] (a) In 
 13.6   sections 120.101 to 120.103, "parent" means a parent, guardian, 
 13.7   or other person having legal custody of a child.  
 13.8      (b) In section 120.17, "parent" means a parent, guardian, 
 13.9   or other person having legal custody of a child under age 18.  
 13.10  For a pupil age 18 or over, "parent" means the pupil unless a 
 13.11  guardian or conservator has been appointed, in which case it 
 13.12  means the guardian or conservator. 
 13.13     (c) For purposes of section 120.17, the school district of 
 13.14  residence for a pupil age 18 or over who is a parent under 
 13.15  paragraph (b) and who is placed in a center for care and 
 13.16  treatment, shall be the school district in which the pupil's 
 13.17  biological or adoptive parent or designated guardian resides at 
 13.18  the time of the pupil's placement. 
 13.19     Sec. 6.  Minnesota Statutes 1996, section 120.17, 
 13.20  subdivision 1, is amended to read: 
 13.21     Subdivision 1.  [SPECIAL INSTRUCTION FOR CHILDREN WITH A 
 13.22  DISABILITY.] (a) As defined in paragraph (b), to the extent 
 13.23  required in federal law, every district shall provide special 
 13.24  instruction and services, either within the district or in 
 13.25  another district, for children with a disability who are 
 13.26  residents of the district and who are disabled as set forth in 
 13.27  section 120.03.  
 13.28     (b) Notwithstanding any age limits in laws to the contrary, 
 13.29  special instruction and services must be provided from birth 
 13.30  until September 1 after the child with a disability becomes ~~22~~ 
 13.31  21 years old but shall not extend beyond secondary school or its 
 13.32  equivalent, except as provided in section 126.22, subdivision 
 13.33  2.  Local health, education, and social service agencies shall 
 13.34  refer children under age five who are known to need or suspected 
 13.35  of needing special instruction and services to the school 
 13.36  district.  Districts with less than the minimum number of 
 14.1   eligible children with a disability as determined by the state 
 14.2   board shall cooperate with other districts to maintain a full 
 14.3   range of programs for education and services for children with a 
 14.4   disability.  This subdivision does not alter the compulsory 
 14.5   attendance requirements of section 120.101. 
 14.6      Sec. 7.  Minnesota Statutes 1996, section 120.17, 
 14.7   subdivision 2, is amended to read: 
 14.8      Subd. 2.  [METHOD OF SPECIAL INSTRUCTION.] (a) As defined 
 14.9   in this subdivision, to the extent required by federal law, 
 14.10  special instruction and services for children with a disability 
 14.11  must be based on the assessment and individual education plan.  
 14.12  The instruction and services may be provided by one or more of 
 14.13  the following methods: 
 14.14     (1) in connection with attending regular elementary and 
 14.15  secondary school classes; 
 14.16     (2) establishment of special classes; 
 14.17     (3) at the home or bedside of the child; 
 14.18     (4) in other districts; 
 14.19     (5) instruction and services by special education 
 14.20  cooperative centers established under this section, or in 
 14.21  another member district of the cooperative center to which the 
 14.22  resident district of the child with a disability belongs; 
 14.23     (6) in a state residential school or a school department of 
 14.24  a state institution approved by the commissioner; 
 14.25     (7) in other states; 
 14.26     (8) by contracting with public, private or voluntary 
 14.27  agencies; 
 14.28     (9) for children under age five and their families, 
 14.29  programs and services established through collaborative efforts 
 14.30  with other agencies; 
 14.31     (10) for children under age five and their families, 
 14.32  programs in which children with a disability are served with 
 14.33  children without a disability; and 
 14.34     (11) any other method approved by the commissioner. 
 14.35     (b) Preference shall be given to providing special 
 14.36  instruction and services to children under age three and their 
 15.1   families in the residence of the child with the parent or 
 15.2   primary caregiver, or both, present. 
 15.3      (c) The primary responsibility for the education of a child 
 15.4   with a disability shall remain with the district of the child's 
 15.5   residence regardless of which method of providing special 
 15.6   instruction and services is used.  If a district other than a 
 15.7   child's district of residence provides special instruction and 
 15.8   services to the child, then the district providing the special 
 15.9   instruction and services shall notify the child's district of 
 15.10  residence before the child's individual education plan is 
 15.11  developed and shall provide the district of residence an 
 15.12  opportunity to participate in the plan's development.  The 
 15.13  district of residence must inform the parents of the child about 
 15.14  the methods of instruction that are available. 
 15.15     (d) Paragraphs (e) to (i) may be cited as the "blind 
 15.16  persons' literacy rights and education act." 
 15.17     (e) The following definitions apply to paragraphs (f) to 
 15.18  (i). 
 15.19     "Blind student" means an individual who is eligible for 
 15.20  special educational services and who: 
 15.21     (1) has a visual acuity of 20/200 or less in the better eye 
 15.22  with correcting lenses or has a limited field of vision such 
 15.23  that the widest diameter subtends an angular distance of no 
 15.24  greater than 20 degrees; or 
 15.25     (2) has a medically indicated expectation of visual 
 15.26  deterioration. 
 15.27     "Braille" means the system of reading and writing through 
 15.28  touch commonly known as standard English Braille.  
 15.29     "Individualized education plan" means a written statement 
 15.30  developed for a student eligible for special education and 
 15.31  services pursuant to this section and section 602(a)(20) of part 
 15.32  A of the Individuals with Disabilities Education Act, United 
 15.33  States Code, title 20, section 1401(a). 
 15.34     (f) In developing an individualized education plan for each 
 15.35  blind student the presumption must be that proficiency in 
 15.36  Braille reading and writing is essential for the student to 
 16.1   achieve satisfactory educational progress.  The assessment 
 16.2   required for each student must include a Braille skills 
 16.3   inventory, including a statement of strengths and deficits.  
 16.4   Braille instruction and use are not required by this paragraph 
 16.5   if, in the course of developing the student's individualized 
 16.6   education program, team members concur that the student's visual 
 16.7   impairment does not affect reading and writing performance 
 16.8   commensurate with ability.  This paragraph does not require the 
 16.9   exclusive use of Braille if other special education services are 
 16.10  appropriate to the student's educational needs.  The provision 
 16.11  of other appropriate services does not preclude Braille use or 
 16.12  instruction.  Instruction in Braille reading and writing shall 
 16.13  be available for each blind student for whom the 
 16.14  multidisciplinary team has determined that reading and writing 
 16.15  is appropriate. 
 16.16     (g) Instruction in Braille reading and writing must be 
 16.17  sufficient to enable each blind student to communicate 
 16.18  effectively and efficiently with the same level of proficiency 
 16.19  expected of the student's peers of comparable ability and grade 
 16.20  level.  
 16.21     (h) The student's individualized education plan must 
 16.22  specify: 
 16.23     (1) the results obtained from the assessment required under 
 16.24  paragraph (f); 
 16.25     (2) how Braille will be implemented through integration 
 16.26  with other classroom activities; 
 16.27     (3) the date on which Braille instruction will begin; 
 16.28     (4) the length of the period of instruction and the 
 16.29  frequency and duration of each instructional session; 
 16.30     (5) the level of competency in Braille reading and writing 
 16.31  to be achieved by the end of the period and the objective 
 16.32  assessment measures to be used; and 
 16.33     (6) if a decision has been made under paragraph (f) that 
 16.34  Braille instruction or use is not required for the student:  
 16.35     (i) a statement that the decision was reached after a 
 16.36  review of pertinent literature describing the educational 
 17.1   benefits of Braille instruction and use; and 
 17.2      (ii) a specification of the evidence used to determine that 
 17.3   the student's ability to read and write effectively without 
 17.4   Braille is not impaired. 
 17.5      (i) Instruction in Braille reading and writing is a service 
 17.6   for the purpose of special education and services under this 
 17.7   section. 
 17.8      (j) Paragraphs (e) to (i) shall not be construed to 
 17.9   supersede any rights of a parent or guardian of a child with a 
 17.10  disability under federal or state law. 
 17.11     Sec. 8.  Minnesota Statutes 1996, section 120.17, 
 17.12  subdivision 3, is amended to read: 
 17.13     Subd. 3.  [RULES OF THE STATE BOARD.] (a) As defined in 
 17.14  this paragraph, but not to exceed the extent required by federal 
 17.15  law, the state board shall promulgate rules relative to 
 17.16  qualifications of essential personnel, courses of study, methods 
 17.17  of instruction, pupil eligibility, size of classes, rooms, 
 17.18  equipment, supervision, parent consultation, and ~~any~~ other ~~rules~~ 
 17.19  ~~it deems~~ necessary rules for instruction of children with a 
 17.20  disability.  These rules shall provide standards and procedures 
 17.21  appropriate for the implementation of and within the limitations 
 17.22  of subdivisions 3a and 3b.  These rules shall also provide 
 17.23  standards for the discipline, control, management and protection 
 17.24  of children with a disability.  The state board shall not adopt 
 17.25  rules for pupils served in level 1, 2, or 3, as defined in 
 17.26  Minnesota Rules, part 3525.2340, establishing either case loads 
 17.27  or the maximum number of pupils that may be assigned to special 
 17.28  education teachers.  The state board, in consultation with the 
 17.29  departments of health and human services, shall adopt permanent 
 17.30  rules for instruction and services for children under age five 
 17.31  and their families.  These rules are binding on state and local 
 17.32  education, health, and human services agencies.  The state board 
 17.33  shall adopt rules to determine eligibility for special education 
 17.34  services.  The rules shall include procedures and standards by 
 17.35  which to grant variances for experimental eligibility criteria.  
 17.36  The state board shall, according to section 14.05, subdivision 
 18.1   4, notify a district applying for a variance from the rules 
 18.2   within 45 calendar days of receiving the request whether the 
 18.3   request for the variance has been granted or denied.  If a 
 18.4   request is denied, the board shall specify the program standards 
 18.5   used to evaluate the request and the reasons for denying the 
 18.6   request.  
 18.7      (b) As provided in this paragraph, but not to exceed the 
 18.8   extent required by federal law, the state's regulatory scheme 
 18.9   should support schools by assuring that all state special 
 18.10  education rules adopted by the state board of education result 
 18.11  in one or more of the following outcomes: 
 18.12     (1) increased time available to teachers for educating 
 18.13  students through direct and indirect instruction; 
 18.14     (2) consistent and uniform access to effective education 
 18.15  programs for students with disabilities throughout the state; 
 18.16     (3) reduced inequalities, conflict, and court actions 
 18.17  related to the delivery of special education instruction and 
 18.18  services for students with disabilities; 
 18.19     (4) clear expectations for service providers and for 
 18.20  students with disabilities; 
 18.21     (5) increased accountability for all individuals and 
 18.22  agencies that provide instruction and other services to students 
 18.23  with disabilities; 
 18.24     (6) greater focus for the state and local resources 
 18.25  dedicated to educating students with disabilities; and 
 18.26     (7) clearer standards for evaluating the effectiveness of 
 18.27  education and support services for students with disabilities. 
 18.28     Sec. 9.  Minnesota Statutes 1996, section 120.17, 
 18.29  subdivision 3a, is amended to read: 
 18.30     Subd. 3a.  [SCHOOL DISTRICT OBLIGATIONS.] (a) As defined in 
 18.31  this subdivision, to the extent required by federal law, every 
 18.32  district shall ensure that: 
 18.33     (1) all students with disabilities are provided the special 
 18.34  instruction and services which are appropriate to their needs.  
 18.35  Appropriate education is that which is reasonably calculated to 
 18.36  result in educational benefit.  Where the individual education 
 19.1   plan team has determined appropriate goals and objectives based 
 19.2   on the student's needs, including the extent to which the 
 19.3   student can be included in the least restrictive environment, 
 19.4   and where there are essentially equivalent and effective 
 19.5   instruction, related services, or assistive technology devices 
 19.6   available to meet the student's needs, cost to the school 
 19.7   district may be among the factors considered by the team in 
 19.8   choosing how to provide the appropriate services, instruction, 
 19.9   or devices that are to be made part of the student's individual 
 19.10  education plan.  The student's needs and the special education 
 19.11  instruction and services to be provided shall be agreed upon 
 19.12  through the development of an individual education plan.  The 
 19.13  plan shall address the student's need to develop skills to live 
 19.14  and work as independently as possible within the community.  By 
 19.15  grade 9 or age 14, the plan shall address the student's needs 
 19.16  for transition from secondary services to post-secondary 
 19.17  education and training, employment, community participation, 
 19.18  recreation, and leisure and home living.  The plan must include 
 19.19  a statement of the needed transition services, including a 
 19.20  statement of the interagency responsibilities or linkages or 
 19.21  both before secondary services are concluded.  The 
 19.22  individualized education program team is composed of the parents 
 19.23  of a child with a disability, at least one regular education 
 19.24  teacher of the child, at least one special education teacher or 
 19.25  provider of the child, a qualified representative of the school 
 19.26  district who is knowledgeable about general curriculum and 
 19.27  available district resources, an individual who can interpret 
 19.28  how evaluation results affect instruction if another team member 
 19.29  does not have that expertise, the child where appropriate, and, 
 19.30  at the discretion of the parent or district, other individuals 
 19.31  who have knowledge or special expertise regarding the child; 
 19.32     (2) children with a disability under age five and their 
 19.33  families are provided special instruction and services 
 19.34  appropriate to the child's level of functioning and needs; 
 19.35     (3) children with a disability and their parents or 
 19.36  guardians are guaranteed procedural safeguards and the right to 
 20.1   participate in decisions involving identification, assessment 
 20.2   including assistive technology assessment, and educational 
 20.3   placement of children with a disability; 
 20.4      (4) to the maximum extent appropriate, children with a 
 20.5   disability, including those in public or private institutions or 
 20.6   other care facilities, are educated with children who are not 
 20.7   disabled, and that special classes, separate schooling, or other 
 20.8   removal of children with a disability from the regular 
 20.9   educational environment occurs only when and to the extent that 
 20.10  the nature or severity of the disability is such that education 
 20.11  in regular classes with the use of supplementary services cannot 
 20.12  be achieved satisfactorily; 
 20.13     (5) in accordance with recognized professional standards, 
 20.14  testing and evaluation materials, and procedures utilized for 
 20.15  the purposes of classification and placement of children with a 
 20.16  disability are selected and administered so as not to be 
 20.17  racially or culturally discriminatory; and 
 20.18     (6) the rights of the child are protected when the parents 
 20.19  or guardians are not known or not available, or the child is a 
 20.20  ward of the state. 
 20.21     (b) For paraprofessionals employed to work in programs for 
 20.22  students with disabilities, the school board in each district 
 20.23  shall ensure that: 
 20.24     (1) before or immediately upon employment, each 
 20.25  paraprofessional develops sufficient knowledge and skills in 
 20.26  emergency procedures, building orientation, roles and 
 20.27  responsibilities, confidentiality, vulnerability, and 
 20.28  reportability, among other things, to begin meeting the needs of 
 20.29  the students with whom the paraprofessional works; 
 20.30     (2) annual training opportunities are available to enable 
 20.31  the paraprofessional to continue to further develop the 
 20.32  knowledge and skills that are specific to the students with whom 
 20.33  the paraprofessional works, including understanding 
 20.34  disabilities, following lesson plans, and implementing follow-up 
 20.35  instructional procedures and activities; and 
 20.36     (3) a districtwide process obligating each paraprofessional 
 21.1   to work under the ongoing direction of a licensed special 
 21.2   education teacher. 
 21.3      Sec. 10.  Minnesota Statutes 1996, section 120.17, 
 21.4   subdivision 3b, is amended to read: 
 21.5      Subd. 3b.  [PROCEDURES FOR DECISIONS.] As defined in this 
 21.6   paragraph, but not to exceed the extent required by federal law, 
 21.7   every district shall utilize ~~at least~~ the following procedures 
 21.8   for decisions involving identification, assessment, and 
 21.9   educational placement of children with a disability: 
 21.10     (a) Parents and guardians shall receive prior written 
 21.11  notice of:  
 21.12     (1) any proposed formal educational assessment or proposed 
 21.13  denial of a formal educational assessment of their child; 
 21.14     (2) a proposed placement of their child in, transfer from 
 21.15  or to, or denial of placement in a special education program; or 
 21.16     (3) the proposed provision, addition, denial or removal of 
 21.17  special education services for their child~~;~~. 
 21.18     (b) The district shall not proceed with the initial formal 
 21.19  assessment of a child, the initial placement of a child in a 
 21.20  special education program, or the initial provision of special 
 21.21  education services for a child without the prior written consent 
 21.22  of the child's parent or guardian.  The refusal of a parent or 
 21.23  guardian to consent may be overridden by the decision in a 
 21.24  hearing held pursuant to ~~clause~~ paragraph (e) at the district's 
 21.25  initiative~~;~~. 
 21.26     (c) Parents and guardians shall have an opportunity to meet 
 21.27  with appropriate district staff in at least one conciliation 
 21.28  conference, mediation, or other method of alternative dispute 
 21.29  resolution that the parties agree to, if they object to any 
 21.30  proposal of which they are notified pursuant to ~~clause~~ 
 21.31  paragraph (a).  A school district must participate in at least 
 21.32  one mediation if a parent or guardian requests the mediation.  
 21.33  The conciliation process or other form of alternative dispute 
 21.34  resolution shall not be used to deny or delay a parent or 
 21.35  guardian's right to a due process hearing.  If the parent or 
 21.36  guardian refuses efforts by the district to conciliate the 
 22.1   dispute with the school district, the requirement of an 
 22.2   opportunity for conciliation or other alternative dispute 
 22.3   resolution shall be deemed to be satisfied.  Notwithstanding 
 22.4   other law, in any proceeding following a conciliation 
 22.5   conference, the school district must not offer a conciliation 
 22.6   conference memorandum into evidence, except for any portions 
 22.7   that describe the district's final proposed offer of service.  
 22.8   Otherwise, with respect to forms of dispute resolution, 
 22.9   mediation, or conciliation, Minnesota Rule of Evidence 408 
 22.10  applies.  The department of children, families, and learning may 
 22.11  reimburse the districts or directly pay the costs of lay 
 22.12  advocates, not to exceed $150 per dispute, used in conjunction 
 22.13  with alternative dispute resolution. 
 22.14     (d) The commissioner shall establish a mediation process to 
 22.15  assist parents, school districts, or other parties to resolve 
 22.16  disputes arising out of the identification, assessment, or 
 22.17  educational placement of children with a disability.  The 
 22.18  mediation process must be offered as an informal alternative to 
 22.19  the due process hearing provided under ~~clause~~ paragraph (e), but 
 22.20  must not be used to deny or postpone the opportunity of a parent 
 22.21  or guardian to obtain a due process hearing. 
 22.22     (e) Parents, guardians, and the district shall have an 
 22.23  opportunity to obtain an impartial due process hearing initiated 
 22.24  and conducted by and in the school district responsible for 
 22.25  assuring that an appropriate program is provided in accordance 
 22.26  with state board rules, if the parent or guardian continues to 
 22.27  object to:  
 22.28     (1) a proposed formal educational assessment or proposed 
 22.29  denial of a formal educational assessment of their child; 
 22.30     (2) the proposed placement of their child in, or transfer 
 22.31  of their child to a special education program; 
 22.32     (3) the proposed denial of placement of their child in a 
 22.33  special education program or the transfer of their child from a 
 22.34  special education program; 
 22.35     (4) the proposed provision or addition of special education 
 22.36  services for their child; or 
 23.1      (5) the proposed denial or removal of special education 
 23.2   services for their child. 
 23.3      Within five business days after the request for a hearing, 
 23.4   or as directed by the hearing officer, the objecting party shall 
 23.5   provide the other party with a brief written statement of 
 23.6   particulars of the objection, the reasons for the objection, and 
 23.7   the specific remedies sought.  The other party shall provide the 
 23.8   objecting party with a written response to the statement of 
 23.9   objections within five business days of receipt of the statement.
 23.10     The hearing shall take place before an impartial hearing 
 23.11  officer mutually agreed to by the school board and the parent or 
 23.12  guardian.  Within four business days of the receipt of the 
 23.13  request for the hearing, if the parties have not agreed on the 
 23.14  hearing officer, the school board shall request the commissioner 
 23.15  to appoint a hearing officer from a list maintained for the 
 23.16  purpose.  A retired judge, court referee, or federal magistrate 
 23.17  judge who is otherwise qualified and wishes to be available for 
 23.18  the purpose, must be put on the list.  The school board shall 
 23.19  include with the request the name of the person requesting the 
 23.20  hearing, the name of the student, the attorneys involved, if 
 23.21  any, and the date the hearing request was received.  The hearing 
 23.22  officer shall not be a school board member or employee of the 
 23.23  school district where the child resides or of the child's school 
 23.24  district of residence, an employee of any other public agency 
 23.25  involved in the education or care of the child, or any person 
 23.26  with a personal or professional interest which would conflict 
 23.27  with the person's objectivity at the hearing.  A person who 
 23.28  otherwise qualifies as a hearing officer is not an employee of 
 23.29  the district solely because the person is paid by the district 
 23.30  to serve as a hearing officer.  Any party to a hearing, except 
 23.31  an expedited hearing under federal law, may make and serve upon 
 23.32  the opposing party and the commissioner a notice to remove a 
 23.33  hearing officer appointed by the commissioner.  The notice shall 
 23.34  be served and filed within five days after the party receives 
 23.35  notice of the appointment of the hearing officer by the 
 23.36  commissioner, but not later than the commencement of the hearing.
 24.1      No such notice may be filed by a party against a hearing 
 24.2   officer who has presided at a motion or any other proceeding of 
 24.3   which the party had notice.  A hearing officer who has presided 
 24.4   at a motion or other proceeding may not be removed except upon 
 24.5   an affirmative showing of prejudice on the part of the hearing 
 24.6   officer.  
 24.7      After the party has once disqualified a hearing officer as 
 24.8   a matter of right, that party may disqualify the substitute 
 24.9   hearing officer only by making an affirmative showing of 
 24.10  prejudice or bias to the commissioner, or to the chief 
 24.11  administrative law judge if the hearing officer is an 
 24.12  administrative law judge. 
 24.13     Upon the filing of a notice to remove or if a party makes 
 24.14  an affirmative showing of prejudice against a substitute hearing 
 24.15  officer, the commissioner shall assign any other hearing officer 
 24.16  to hear the matter. 
 24.17     If the hearing officer requests an independent educational 
 24.18  assessment of a child, the cost of the assessment shall be at 
 24.19  district expense.  The proceedings shall be recorded and 
 24.20  preserved, at the expense of the school district, pending 
 24.21  ultimate disposition of the action. 
 24.22     (f) The decision of the hearing officer pursuant to ~~clause~~ 
 24.23  paragraph (e) shall be rendered not more than 45 calendar days 
 24.24  from the date of the receipt of the request for the hearing, 
 24.25  except that hearing officers are encouraged to accelerate the 
 24.26  timeline to 30 days for children birth through two whose needs 
 24.27  change rapidly and require quick resolution of complaints.  A 
 24.28  hearing officer may not grant specific extensions of time beyond 
 24.29  the 45-day period unless requested by either party for good 
 24.30  cause shown on the record.  The decision of the hearing officer 
 24.31  shall be binding on all parties unless appealed to the 
 24.32  commissioner by the parent; guardian; school board of the 
 24.33  district where the child resides pursuant to ~~clause~~ 
 24.34  ~~(g)~~ paragraph (h); and also in the case of children birth 
 24.35  through two, by the county board. 
 24.36     The local decision shall: 
 25.1      (1) be in writing; 
 25.2      (2) state the controlling facts upon which the decision is 
 25.3   made in sufficient detail to apprise the parties and the hearing 
 25.4   review officer of the basis and reason for the decision; and 
 25.5      (3) be based on the standards set forth in subdivision 3a 
 25.6   and the rules of the state board. 
 25.7      (g) The hearing officer may require the school district to 
 25.8   provide compensatory educational services to the child if the 
 25.9   hearing officer finds that the school district has not provided 
 25.10  the child with a free appropriate public education in the 
 25.11  child's present educational program and that the child has 
 25.12  suffered a loss of educational benefit.  Such services shall 
 25.13  take the form of direct and indirect special education and 
 25.14  related services designed to address any loss of educational 
 25.15  benefit that may have occurred since the commencement of the 
 25.16  child's present educational program or placement as defined in 
 25.17  the child's individual education plan. 
 25.18     ~~(g)~~ (h) Any local decision issued pursuant to ~~clauses~~ 
 25.19  paragraphs (e) and (f) may be appealed to the commissioner 
 25.20  within 30 calendar days of receipt of that written decision, by 
 25.21  the parent, guardian, or the school board of the district 
 25.22  responsible for assuring that an appropriate program is provided 
 25.23  in accordance with state board rules.  The appealing party shall 
 25.24  note the specific parts of the hearing decision being appealed. 
 25.25     If the decision is appealed, a written transcript of the 
 25.26  hearing shall be made by the school district and provided by the 
 25.27  district to the parties involved and the hearing review officer 
 25.28  within five calendar days of the filing of the appeal.  The 
 25.29  hearing review officer shall conduct an appellate review and 
 25.30  issue a final independent decision based on an impartial review 
 25.31  of the local decision and the entire record within 30 calendar 
 25.32  days after the filing of the appeal.  However, the hearing 
 25.33  review officer shall seek additional evidence if necessary and 
 25.34  may afford the parties an opportunity for written or oral 
 25.35  argument; provided any hearing held to seek additional evidence 
 25.36  shall be an impartial due process hearing but shall be deemed 
 26.1   not to be a contested case hearing for purposes of chapter 14.  
 26.2   The hearing review officer may grant specific extensions of time 
 26.3   beyond the 30-day period at the request of any party for good 
 26.4   cause shown on the record. 
 26.5      The final decision shall: 
 26.6      (1) be in writing; 
 26.7      (2) include findings and conclusions; and 
 26.8      (3) be based upon the standards set forth in subdivision 3a 
 26.9   and in the rules of the state board. 
 26.10     ~~(h)~~ (i) The decision of the hearing review officer shall be 
 26.11  final unless appealed by the parent or guardian or school board 
 26.12  to the Minnesota court of appeals or federal district court as 
 26.13  provided by federal law.  State judicial review shall be in 
 26.14  accordance with chapter 14.  
 26.15     ~~(i)~~ (j) The commissioner of children, families, and 
 26.16  learning shall select an individual who has the qualifications 
 26.17  enumerated in this paragraph to serve as the hearing review 
 26.18  officer: 
 26.19     (1) the individual must be knowledgeable and impartial; 
 26.20     (2) the individual must not have a personal interest in or 
 26.21  specific involvement with the student who is a party to the 
 26.22  hearing; 
 26.23     (3) the individual must not have been employed as an 
 26.24  administrator by the district that is a party to the hearing; 
 26.25     (4) the individual must not have been involved in the 
 26.26  selection of the administrators of the district that is a party 
 26.27  to the hearing; 
 26.28     (5) the individual must not have a personal, economic, or 
 26.29  professional interest in the outcome of the hearing other than 
 26.30  the proper administration of the federal and state laws, rules, 
 26.31  and policies; 
 26.32     (6) the individual must not have substantial involvement in 
 26.33  the development of a state or local policy or procedures that 
 26.34  are challenged in the appeal; 
 26.35     (7) the individual is not a current employee or board 
 26.36  member of a Minnesota public school district, education 
 27.1   district, intermediate unit or regional education agency, the 
 27.2   department of children, families, and learning, the state board 
 27.3   of education; and 
 27.4      (8) the individual is not a current employee or board 
 27.5   member of a disability advocacy organization or group.  
 27.6      ~~(j)~~ (k) In all appeals, the parent or guardian of the pupil 
 27.7   with a disability or the district that is a party to the hearing 
 27.8   may challenge the impartiality or competence of the proposed 
 27.9   hearing review officer by applying to the hearing review officer.
 27.10     ~~(k)~~ (l) Pending the completion of proceedings pursuant to 
 27.11  this subdivision, unless the district and the parent or guardian 
 27.12  of the child agree otherwise, the child shall remain in the 
 27.13  child's current educational placement and shall not be denied 
 27.14  initial admission to school. 
 27.15     ~~(l)~~ (m) The child's school district of residence, a 
 27.16  resident district, and providing district shall receive notice 
 27.17  of and may be a party to any hearings or appeals under this 
 27.18  subdivision. 
 27.19     ~~(m)~~ (n) A school district is not liable for harmless 
 27.20  technical violations of this subdivision or rules implementing 
 27.21  this subdivision if the school district can demonstrate on a 
 27.22  case-by-case basis that the violations did not harm the 
 27.23  student's educational progress or the parent or guardian's right 
 27.24  to notice, participation, or due process. 
 27.25     ~~(n)~~ (o) Within ten calendar days after appointment, the 
 27.26  hearing officer shall schedule and hold a prehearing 
 27.27  conference.  At that conference, or later, the hearing officer 
 27.28  may take any appropriate action that a court might take under 
 27.29  Rule 16 of Minnesota Rules of Civil Procedure including, but not 
 27.30  limited to, scheduling, jurisdiction, and listing witnesses 
 27.31  including expert witnesses. 
 27.32     ~~(o)~~ (p) A hearing officer or hearing review officer 
 27.33  appointed under this subdivision shall be deemed to be an 
 27.34  employee of the state under section 3.732 for the purposes of 
 27.35  section 3.736 only. 
 27.36     ~~(p)~~ (q) In order to be eligible for selection, hearing 
 28.1   officers and hearing review officers shall participate in 
 28.2   training and follow procedures as designated by the commissioner.
 28.3      ~~(q)~~ (r) The hearing officer may admit all evidence which 
 28.4   possesses probative value, including hearsay, if it is the type 
 28.5   of evidence on which reasonable, prudent persons are accustomed 
 28.6   to rely in the conduct of their serious affairs.  The hearing 
 28.7   officer shall give effect to the rules of privilege recognized 
 28.8   by law.  Evidence which is incompetent, irrelevant, immaterial, 
 28.9   or unduly repetitious shall be excluded. 
 28.10     Sec. 11.  Minnesota Statutes 1996, section 120.17, 
 28.11  subdivision 9, is amended to read: 
 28.12     Subd. 9.  [SPECIAL INSTRUCTION.] No resident of a district 
 28.13  who is eligible for special instruction and services ~~pursuant to~~ 
 28.14  under this section shall be denied ~~provision of this~~ instruction 
 28.15  and service on a shared time basis consistent with section 
 28.16  124A.034, subdivision 2, because of ~~attendance at~~ attending a 
 28.17  nonpublic school defined in section 123.932, subdivision 3.  If 
 28.18  a resident pupil with a disability attends a nonpublic school 
 28.19  located within the district of residence, the district shall 
 28.20  provide necessary transportation for that pupil within the 
 28.21  district between the nonpublic school and the educational 
 28.22  facility where special instruction and services are provided on 
 28.23  a shared time basis.  If a resident pupil with a disability 
 28.24  attends a nonpublic school located in another district and if no 
 28.25  agreement exists ~~pursuant to~~ under section 124A.034, subdivision 
 28.26  1 or 1a, for ~~the provision of~~ providing special instruction and 
 28.27  services on a shared time basis to that pupil by the district of 
 28.28  attendance and where the special instruction and services are 
 28.29  provided within the district of residence, the district of 
 28.30  residence shall provide necessary transportation for that pupil 
 28.31  between the boundary of the district of residence and the 
 28.32  educational facility.  The district of residence may provide 
 28.33  necessary transportation for that pupil between its boundary and 
 28.34  the nonpublic school attended, but the nonpublic school shall 
 28.35  pay the cost of transportation provided outside the district 
 28.36  boundary. 
 29.1      Sec. 12.  Minnesota Statutes 1996, section 120.17, 
 29.2   subdivision 15, is amended to read: 
 29.3      Subd. 15.  [THIRD PARTY PAYMENT.] Nothing in this section 
 29.4   relieves an insurer or similar third party from an otherwise 
 29.5   valid obligation to pay, or changes the validity of an 
 29.6   obligation to pay, for services rendered to a child with a 
 29.7   disability, and the child's family.  A school district may pay 
 29.8   or reimburse copayments, coinsurance, deductibles, and other 
 29.9   enrollee cost-sharing amounts, on behalf of the student or 
 29.10  family, in connection with services, prescription drugs, 
 29.11  supplies, and equipment provided under an individual educational 
 29.12  plan. 
 29.13     Sec. 13.  Minnesota Statutes 1996, section 120.1701, 
 29.14  subdivision 17, is amended to read: 
 29.15     Subd. 17.  [MEDIATION PROCEDURE.] The commissioner, or the 
 29.16  commissioner's designee, of the state lead agency shall use 
 29.17  federal funds to provide mediation for the activities in 
 29.18  paragraphs (a) and (b). 
 29.19     (a) A parent may resolve a dispute regarding issues in 
 29.20  subdivision 16, paragraph (b), clause (5), through mediation.  
 29.21  If the parent chooses mediation, all public agencies involved in 
 29.22  the dispute shall participate in the mediation process.  The 
 29.23  parent and the public agencies must complete the mediation 
 29.24  process within 20 calendar days of the date the commissioner 
 29.25  receives a parent's written request for mediation.  The 
 29.26  mediation process may not be used to delay a parent's right to a 
 29.27  due process hearing.  The resolution of the mediation is not 
 29.28  binding on any party. 
 29.29     (b) The local primary agency may request mediation on 
 29.30  behalf of involved agencies when there are disputes between 
 29.31  agencies regarding responsibilities to coordinate, provide, pay 
 29.32  for, or facilitate payment for early intervention services. 
 29.33     Sec. 14.  Minnesota Statutes 1996, section 120.173, 
 29.34  subdivision 1, is amended to read: 
 29.35     Subdivision 1.  [COMMISSIONER APPROVAL.] The commissioner 
 29.36  of children, families, and learning may approve applications 
 30.1   from school districts to provide prevention services as an 
 30.2   alternative to special education and other compensatory programs 
 30.3   ~~during three school years~~.  A district with an approved program 
 30.4   may provide instruction and services in a regular education 
 30.5   classroom, or an area learning center, to eligible pupils.  
 30.6   Pupils eligible to participate in the program are low-performing 
 30.7   pupils who, based on documented experience, the professional 
 30.8   judgment of a classroom teacher, or a team of licensed 
 30.9   professionals, would eventually qualify for special education 
 30.10  instruction or related services under section 120.17 if the 
 30.11  intervention services authorized by this section were 
 30.12  unavailable.  Pupils may be provided services during extended 
 30.13  school days and throughout the entire year and through the 
 30.14  assurance of mastery program under section 124.3111. 
 30.15     Sec. 15.  Minnesota Statutes 1996, section 123.935, 
 30.16  subdivision 1, is amended to read: 
 30.17     Subdivision 1.  [PROVIDED SERVICES.] The state board of 
 30.18  education shall promulgate rules under the provisions of chapter 
 30.19  14 requiring each school district or other intermediary service 
 30.20  area:  (a) to provide each year upon formal request by a 
 30.21  specific date by or on behalf of a nonpublic school pupil 
 30.22  enrolled in a nonpublic school located in that district or area, 
 30.23  the same specific health services as are provided for public 
 30.24  school pupils by the district where the nonpublic school is 
 30.25  located; and (b) to provide each year upon formal request by a 
 30.26  specific date by or on behalf of a nonpublic school secondary 
 30.27  pupil enrolled in a nonpublic school located in that district or 
 30.28  area, the same specific guidance and counseling services as are 
 30.29  provided for public school secondary pupils by the district 
 30.30  where the nonpublic school is located.  The district where the 
 30.31  nonpublic school is located shall provide the necessary 
 30.32  transportation within the district boundaries between the 
 30.33  nonpublic school and a public school or neutral site for 
 30.34  nonpublic school pupils who are provided pupil support services 
 30.35  ~~pursuant to~~ under this section if the district elects to provide 
 30.36  pupil support services at a site other than the nonpublic school.
 31.1   Each request for pupil support services shall set forth the 
 31.2   guidance and counseling or health services requested by or on 
 31.3   behalf of all eligible nonpublic school pupils enrolled in a 
 31.4   given nonpublic school.  No district or intermediary service 
 31.5   area shall expend an amount for these pupil support services 
 31.6   which exceeds the amount allotted to it under this section. 
 31.7      Sec. 16.  Minnesota Statutes 1996, section 123.935, 
 31.8   subdivision 2, is amended to read: 
 31.9      Subd. 2.  [LOCATION OF SERVICES.] Health and guidance and 
 31.10  counseling services may be provided to nonpublic school 
 31.11  pupils ~~pursuant to~~ under this section at a public school, a 
 31.12  neutral site, the nonpublic school or any other suitable 
 31.13  location.  ~~Guidance and counseling services may be provided to~~ 
 31.14  ~~nonpublic school pupils pursuant to this section only at a~~ 
 31.15  ~~public school or a neutral site.~~  District or intermediary 
 31.16  service area personnel and representatives of the nonpublic 
 31.17  school pupils receiving pupil support services shall hold an 
 31.18  annual consultation regarding the type of services, provider of 
 31.19  services, and the location of the provision of these services.  
 31.20  The district board or intermediary service area governing board 
 31.21  shall make the final decision on the location of the provision 
 31.22  of these services. 
 31.23     Sec. 17.  Minnesota Statutes 1996, section 124.248, 
 31.24  subdivision 1a, is amended to read: 
 31.25     Subd. 1a.  [TRANSPORTATION REVENUE.] Transportation revenue 
 31.26  shall be paid to a charter school that provides transportation 
 31.27  services according to section 120.064, subdivision 15, according 
 31.28  to this subdivision.  Transportation aid shall equal 
 31.29  transportation revenue.  
 31.30     (a) In addition to the revenue under subdivision 1, a 
 31.31  charter school providing transportation services shall receive 
 31.32  general education aid for each pupil unit equal to the sum of 
 31.33  $170, plus the transportation sparsity allowance for the school 
 31.34  district in which the charter school is located, plus the 
 31.35  transportation transition allowance for the school district in 
 31.36  which the charter school is located.  
 32.1      (b) For the first ~~two years~~ year that a charter school is 
 32.2   providing transportation services, the special programs 
 32.3   transportation revenue equals the charter school's actual cost 
 32.4   in the current school year for transportation services for 
 32.5   children with disabilities under section 124.223, subdivisions 
 32.6   4, 5, 7, and 8.  For the ~~third~~ second year of transportation 
 32.7   services and later fiscal years, the special programs 
 32.8   transportation revenue shall be computed according to section 
 32.9   124.225, subdivision 14.  
 32.10     Sec. 18.  Minnesota Statutes 1997 Supplement, section 
 32.11  124.3111, subdivision 2, is amended to read: 
 32.12     Subd. 2.  [ELIGIBLE PUPILS.] A pupil is eligible to receive 
 32.13  services through an assurance of mastery program if the pupil 
 32.14  has not demonstrated progress toward mastering the required 
 32.15  graduation standards, after receiving instruction that was 
 32.16  designed to enable the pupil to make progress toward mastering 
 32.17  the required graduation standards in a regular classroom 
 32.18  setting.  A pupil also is eligible to receive services through 
 32.19  an assurance of mastery program if the pupil, based on the 
 32.20  professional judgment of a classroom teacher or a team of 
 32.21  licensed professionals, may eventually qualify for special 
 32.22  education instruction or related services under section 120.17.  
 32.23  To determine pupil eligibility, a district must use a process 
 32.24  adopted by the school board to review curriculum and 
 32.25  instruction, for the subjects and at the grade level at which 
 32.26  the district uses the revenue. 
 32.27     Sec. 19.  Minnesota Statutes 1997 Supplement, section 
 32.28  124.3111, subdivision 3, is amended to read: 
 32.29     Subd. 3.  [ELIGIBLE SERVICES.] (a) Assurance of mastery 
 32.30  programs may provide direct instructional services to an 
 32.31  eligible pupil, or a group of eligible pupils, under the 
 32.32  following conditions in paragraphs (b) to ~~(d)~~ (e). 
 32.33     (b) Instruction may be provided at one or more grade levels 
 32.34  from kindergarten to grade 8 and for students in grades 9 
 32.35  through 12 who have failed the basic skills tests.  If an 
 32.36  assessment of pupils' needs within a district demonstrates that 
 33.1   the eligible pupils in grades kindergarten to grade 8 are being 
 33.2   appropriately served, a district may serve eligible pupils in 
 33.3   grades 9 to 12. 
 33.4      (c) Instruction must be provided under the supervision of 
 33.5   the eligible pupil's regular classroom teacher.  Instruction may 
 33.6   be provided by the eligible pupil's classroom teacher, by 
 33.7   another teacher, by a team of teachers, or by an education 
 33.8   assistant or aide.  A special education teacher may provide 
 33.9   instruction, but instruction that is provided under this section 
 33.10  is not eligible for aid under section 124.3201. 
 33.11     (d) The instruction that is provided must differ from the 
 33.12  initial instruction the pupil received in the regular classroom 
 33.13  setting.  The instruction may differ by presenting different 
 33.14  curriculum than was initially presented in the regular classroom 
 33.15  or by presenting the same curriculum: 
 33.16     (1) at a different rate or in a different sequence than it 
 33.17  was initially presented; 
 33.18     (2) using different teaching methods or techniques than 
 33.19  were used initially; or 
 33.20     (3) using different instructional materials than were used 
 33.21  initially. 
 33.22     (e) Instruction must focus on preventive measures that meet 
 33.23  students' individual needs. 
 33.24     Sec. 20.  Minnesota Statutes 1996, section 124.32, is 
 33.25  amended by adding a subdivision to read: 
 33.26     Subd. 13.  [LITIGATION COSTS.] The state shall pay each 
 33.27  school district 70 percent of litigation expense actually 
 33.28  incurred under section 120.17, subdivision 3b, paragraphs (e), 
 33.29  (h), and (i). 
 33.30     Sec. 21.  Minnesota Statutes 1997 Supplement, section 
 33.31  124.3201, subdivision 1, is amended to read: 
 33.32     Subdivision 1.  [DEFINITIONS.] For the purposes of this 
 33.33  section and section 124.321, the definitions in this subdivision 
 33.34  apply. 
 33.35     (a) "Base year" for fiscal year ~~1998~~ 2000 and later fiscal 
 33.36  years means the ~~second~~ fiscal year preceding the fiscal year for 
 34.1   which aid will be paid. 
 34.2      (b) "Basic revenue" has the meaning given it in section 
 34.3   124A.22, subdivision 2.  For the purposes of computing basic 
 34.4   revenue pursuant to this section, each child with a disability 
 34.5   shall be counted as prescribed in section 124.17, subdivision 1. 
 34.6      (c) "Essential personnel" means teachers, related services, 
 34.7   and support services staff providing direct services to students.
 34.8      (d) "Average daily membership" has the meaning given it in 
 34.9   section 124.17. 
 34.10     (e) "Program growth factor" means 1.00 for fiscal year 2000 
 34.11  and later. 
 34.12     (f) "Aid percentage factor" means 60 percent for fiscal 
 34.13  year 1996, 70 percent for fiscal year 1997, 80 percent for 
 34.14  fiscal year 1998, 90 percent for fiscal year 1999, and 100 
 34.15  percent for fiscal years 2000 and later. 
 34.16     (g) "Levy percentage factor" means 100 minus the aid 
 34.17  percentage factor for that year. 
 34.18     Sec. 22.  Minnesota Statutes 1997 Supplement, section 
 34.19  124.3201, subdivision 4, is amended to read: 
 34.20     Subd. 4.  [STATE TOTAL SPECIAL EDUCATION REVENUE.] (a) The 
 34.21  state total special education revenue for fiscal year 1998 
 34.22  equals $358,542,000.  The state total special education revenue 
 34.23  for fiscal year 1999 equals $435,322,000.  The state total 
 34.24  special education revenue for later fiscal years equals:  
 34.25     (1) the state total special education revenue for the 
 34.26  preceding fiscal year; times 
 34.27     (2) the program growth factor; times 
 34.28     (3) the ratio of the state total average daily membership 
 34.29  for the current fiscal year to the state total average daily 
 34.30  membership for the preceding fiscal year. 
 34.31     (b) For fiscal years 2000 and later, the commissioner shall 
 34.32  increase the state total special education revenue amount by the 
 34.33  amount of any decrease in the excess cost aid program due to the 
 34.34  elimination of the two-year lag under subdivision 1. 
 34.35     Sec. 23.  Minnesota Statutes 1996, section 124.3201, 
 34.36  subdivision 5, is amended to read: 
 35.1      Subd. 5.  [SCHOOL DISTRICT SPECIAL EDUCATION REVENUE.] (a) 
 35.2   A school district's special education revenue for fiscal year 
 35.3   1996 and later equals the state total special education revenue, 
 35.4   minus the amount determined under paragraph (b), times the ratio 
 35.5   of the district's adjusted special education base revenue to the 
 35.6   state total adjusted special education base revenue.  If the 
 35.7   state board of education modifies its rules for special 
 35.8   education in a manner that increases a school district's special 
 35.9   education obligations or service requirements, the commissioner 
 35.10  of children, families, and learning shall annually increase each 
 35.11  district's special education revenue by the amount necessary to 
 35.12  compensate for the increased service requirements.  The 
 35.13  additional revenue equals the cost in the current year 
 35.14  attributable to rule changes not reflected in the computation of 
 35.15  special education base revenue, multiplied by the appropriate 
 35.16  percentages from subdivision 2. 
 35.17     (b) Notwithstanding paragraph (a), if the special education 
 35.18  base revenue for a district equals zero, the special education 
 35.19  revenue equals the amount computed according to subdivision 2 
 35.20  using current year data.  
 35.21     (c) If the state special education base revenue is not 
 35.22  known during the current year, the department of children, 
 35.23  families, and learning shall initially calculate school district 
 35.24  special education revenue based on 95 percent of the state total 
 35.25  special education revenue established in subdivision 4 until the 
 35.26  special education base revenue is known.  
 35.27     Sec. 24.  Minnesota Statutes 1996, section 124.323, is 
 35.28  amended by adding a subdivision to read: 
 35.29     Subd. 4.  [TUITION.] Notwithstanding section 120.17, for 
 35.30  nonresident children receiving services under section 124.3201, 
 35.31  subdivisions 1 and 2, that are placed in the serving school 
 35.32  district by court action, the serving school district shall 
 35.33  submit unreimbursed tuition bills for eligible services to the 
 35.34  department of children, families, and learning instead of the 
 35.35  resident school district. 
 35.36     Sec. 25.  Minnesota Statutes 1996, section 124.323, is 
 36.1   amended by adding a subdivision to read: 
 36.2      Subd. 5.  [COURT-PLACED SPECIAL EDUCATION REVENUE.] For 
 36.3   purposes of reimbursing serving school districts under 
 36.4   subdivision 4, $....... is annually appropriated from the 
 36.5   general fund to the commissioner of children, families, and 
 36.6   learning for unreimbursed eligible expenditures attributable to 
 36.7   children who have been placed in the serving school district by 
 36.8   court action. 
 36.9      Sec. 26.  Minnesota Statutes 1996, section 124A.034, 
 36.10  subdivision 2, is amended to read: 
 36.11     Subd. 2.  [LOCATION OF SERVICES.] (a) Public school 
 36.12  programs that provide instruction in core curriculum may be 
 36.13  provided to shared time pupils only at a public school building; 
 36.14  ~~provided, however, that special instruction and services for~~ 
 36.15  ~~children with a disability required pursuant to section 120.17~~ 
 36.16  ~~may also be provided at a neutral site as defined in section~~ 
 36.17  ~~123.932,~~ public school programs, excluding programs that provide 
 36.18  instruction in core curriculum, may be provided to shared time 
 36.19  pupils at a public school building, a neutral site, the 
 36.20  nonpublic school, or any other suitable location.  Guidance and 
 36.21  counseling and diagnostic and health services required ~~pursuant~~ 
 36.22  ~~to~~ under section 120.17 may ~~also~~ be provided at a nonpublic 
 36.23  school building.  As used in this subdivision, "diagnostic 
 36.24  services" means speech, hearing, vision, psychological, medical 
 36.25  and dental diagnostic services and "health services" means 
 36.26  physician, nursing or optometric services provided to pupils in 
 36.27  the field of physical and mental health.  
 36.28     (b) For those children with a disability under section 
 36.29  120.17 who attend nonpublic school and for whom a free and 
 36.30  appropriate education is available at a public school, a school 
 36.31  district shall provide special instruction and services at the 
 36.32  nonpublic school building only to the extent required under the 
 36.33  Individuals with Disabilities Education Act, Public Law Number 
 36.34  105-17, as amended.  A school district may provide special 
 36.35  instruction and services for such children at a neutral site as 
 36.36  defined in section 123.932, subdivision 9. 
 37.1      Sec. 27.  Minnesota Statutes 1996, section 124A.036, 
 37.2   subdivision 1a, is amended to read: 
 37.3      Subd. 1a.  [REPORTING; REVENUE FOR HOMELESS.] For all 
 37.4   school purposes, unless otherwise specifically provided by law, 
 37.5   a homeless pupil ~~must be considered~~ is a resident of the school 
 37.6   district ~~that enrolls the pupil~~ in which the homeless shelter or 
 37.7   other program, center, or facility assisting the homeless pupil 
 37.8   or the pupil's family is located. 
 37.9      Sec. 28.  Minnesota Statutes 1996, section 124A.036, is 
 37.10  amended by adding a subdivision to read: 
 37.11     Subd. 1b.  [REVENUE FOR CHILDREN OF DIVORCED PARENTS.] In 
 37.12  those instances when the divorced parents share joint physical 
 37.13  custody of the child and the divorced parents reside in 
 37.14  different school districts, for all school purposes, unless 
 37.15  otherwise specifically provided by law, the child must be 
 37.16  considered a resident of the school district in which the child 
 37.17  resides for the majority of the school year, as indicated by the 
 37.18  child's parents. 
 37.19     Sec. 29.  Minnesota Statutes 1996, section 124A.036, 
 37.20  subdivision 4, is amended to read: 
 37.21     Subd. 4.  [STATE AGENCY AND COURT PLACEMENTS.] If a state 
 37.22  agency or a court of the state desires to place a child in a 
 37.23  school district which is not the child's district of 
 37.24  residence or to place a pupil who is a parent under section 
 37.25  120.101, subdivision 3, in a school district which is not the 
 37.26  school district in which the pupil's biological or adoptive 
 37.27  parent or designated guardian resides at the time of placement, 
 37.28  that agency or court shall, prior to placement, allow the 
 37.29  district of residence an opportunity to participate in the 
 37.30  placement decision and notify the district of residence, the 
 37.31  district of attendance and the commissioner of children, 
 37.32  families, and learning of the placement decision.  When a state 
 37.33  agency or court determines that an immediate emergency placement 
 37.34  is necessary and that time does not permit district 
 37.35  participation in the placement decision or notice to the 
 37.36  districts and the commissioner of children, families, and 
 38.1   learning of the placement decision prior to the placement, the 
 38.2   agency or court may make the decision and placement without that 
 38.3   participation or prior notice.  The agency or court shall notify 
 38.4   the district of residence, the district of attendance and the 
 38.5   commissioner of children, families, and learning of an emergency 
 38.6   placement within 15 days of the placement.  
 38.7      Sec. 30.  Minnesota Statutes 1996, section 124C.45, 
 38.8   subdivision 2, is amended to read: 
 38.9      Subd. 2.  [ACCESS TO SERVICES.] A center shall have access 
 38.10  to the district's regular education programs, special education 
 38.11  programs, technology facilities, and staff.  It may contract 
 38.12  with individuals or post-secondary institutions.  It shall seek 
 38.13  the involvement of community education programs, post-secondary 
 38.14  institutions, interagency collaboratives, community resources, 
 38.15  businesses, and other federal, state, and local public agencies. 
 38.16     Sec. 31.  Minnesota Statutes 1997 Supplement, section 
 38.17  124C.46, subdivision 1, is amended to read: 
 38.18     Subdivision 1.  [PROGRAM FOCUS.] (a) Consistent with the 
 38.19  requirements of sections 127.26 to 127.39, a school district 
 38.20  shall provide an alternative education program for a student who 
 38.21  is within the compulsory attendance age under section 120.06 and 
 38.22  who is involved in severe or repeated disciplinary action.  
 38.23     (b) The programs and services of a center must focus on 
 38.24  academic and learning skills, applied learning opportunities, 
 38.25  trade and vocational skills, work-based learning opportunities, 
 38.26  work experience, youth service to the community, and transition 
 38.27  services.  Applied learning, work-based learning, and service 
 38.28  learning may best be developed in collaboration with a local 
 38.29  education and transitions partnership.  In addition to offering 
 38.30  programs, the center shall coordinate the use of other available 
 38.31  educational services, special education services, social 
 38.32  services, health services, and post-secondary institutions in 
 38.33  the community and services area.  
 38.34     Sec. 32.  Minnesota Statutes 1997 Supplement, section 
 38.35  124C.46, subdivision 2, is amended to read: 
 38.36     Subd. 2.  [PEOPLE TO BE SERVED.] A center shall provide 
 39.1   programs for secondary pupils and adults.  A center may also 
 39.2   provide programs and services for elementary and secondary 
 39.3   pupils who are not attending the center to assist them in being 
 39.4   successful in school.  A center that is identified as an 
 39.5   appropriate placement in a student's individual education plan 
 39.6   shall provide special education services for the student 
 39.7   described in the student's plan.  Pupils eligible to be served 
 39.8   are those age five to adults 21 and older who qualify under the 
 39.9   graduation incentives program in section 126.22, subdivision 2, 
 39.10  or those pupils who are eligible to receive special education 
 39.11  services under section 120.17. 
 39.12     Sec. 33.  Minnesota Statutes 1996, section 124C.47, is 
 39.13  amended to read: 
 39.14     124C.47 [RESOURCE CENTER FOR OTHER PROGRAMS.] 
 39.15     An area learning center must serve as a resource for other 
 39.16  districts, educational, community, and business organizations.  
 39.17  The center may charge a fee for these services.  The following 
 39.18  services shall be provided for a region or the state:  
 39.19     (1) information and research for alternative programs; 
 39.20     (2) regional or state workshops on awareness, 
 39.21  identification, programs, and support for these pupils; ~~and~~ 
 39.22     (3) recommendations for staff qualifications to ensure the 
 39.23  most qualified staff can be selected for the programs; and 
 39.24     (4) recommendations for successful learning programs for 
 39.25  special education students placed in an alternative setting. 
 39.26     Sec. 34.  Minnesota Statutes 1996, section 124C.48, is 
 39.27  amended by adding a subdivision to read: 
 39.28     Subd. 3.  [SPECIAL EDUCATION REVENUE.] Payment of special 
 39.29  education revenue for nonresident pupils enrolled in the center 
 39.30  must be made according to section 120.17, subdivision 6. 
 39.31     Sec. 35.  Minnesota Statutes 1996, section 126.237, is 
 39.32  amended to read: 
 39.33     126.237 [ALTERNATE INSTRUCTION REQUIRED.] 
 39.34     (a) A school district shall adopt procedures for using 
 39.35  alternative intervention services, including the assurance of 
 39.36  mastery program under section 124.3111 and the first grade 
 40.1   preparedness program under section 124.2613, to serve at-risk 
 40.2   students who may eventually qualify for special education 
 40.3   instruction and related services in section 120.17. 
 40.4      (b) Before a pupil is referred for a special education 
 40.5   assessment, the district must conduct and document at least two 
 40.6   instructional strategies, alternatives, or interventions while 
 40.7   the pupil is in the regular classroom.  The pupil's teacher must 
 40.8   provide the documentation.  A special education assessment team 
 40.9   may waive this requirement when they determine the pupil's need 
 40.10  for the assessment is urgent.  This section may not be used to 
 40.11  deny a pupil's right to a special education assessment. 
 40.12     Sec. 36.  Minnesota Statutes 1996, section 127.27, 
 40.13  subdivision 2, is amended to read: 
 40.14     Subd. 2.  [DISMISSAL.] "Dismissal" means the denial of the 
 40.15  ~~appropriate~~ current educational program to any pupil, including 
 40.16  exclusion, expulsion, and suspension.  It does not include 
 40.17  removal from class.  
 40.18     Sec. 37.  Minnesota Statutes 1996, section 127.27, 
 40.19  subdivision 4, is amended to read: 
 40.20     Subd. 4.  [EXCLUSION.] "Exclusion" means an action taken by 
 40.21  the school board to prevent enrollment or reenrollment of a 
 40.22  pupil for a period that shall not extend beyond the end of the 
 40.23  current school year. 
 40.24     Sec. 38.  Minnesota Statutes 1997 Supplement, section 
 40.25  127.27, subdivision 10, is amended to read: 
 40.26     Subd. 10.  [SUSPENSION.] "Suspension" means an action by 
 40.27  the school administration, under rules promulgated by the school 
 40.28  board, prohibiting a pupil from attending school for a period of 
 40.29  no more than ten school days.  If a suspension is longer than 
 40.30  five days, the suspending administrator must provide the 
 40.31  superintendent with a reason for the longer suspension.  This 
 40.32  definition does not apply to dismissal from school for one 
 40.33  school day or less, except as provided in federal law for a 
 40.34  student with a disability.  Each suspension action ~~shall~~ may 
 40.35  include a readmission plan.  The readmission plan shall include, 
 40.36  where appropriate, a provision for implementing alternative 
 41.1   educational services upon readmission and may not be used to 
 41.2   extend the suspension.  The school administration may not impose 
 41.3   consecutive suspensions against the same pupil for the same 
 41.4   course of conduct, or incident of misconduct, except where the 
 41.5   pupil will create an immediate and substantial danger to self or 
 41.6   to surrounding persons or property, or where the district is in 
 41.7   the process of initiating an expulsion, in which case the school 
 41.8   administration may extend the suspension ~~up~~ to a total of 15 
 41.9   days.  In the case of a pupil with a disability, ~~a suspension~~ 
 41.10  ~~may not exceed ten school days~~ school districts must comply with 
 41.11  applicable federal law.  The school administration shall 
 41.12  implement alternative educational services ~~to the extent that~~ 
 41.13  when the suspension exceeds ~~five~~ ten days.  A separate 
 41.14  administrative conference is required for each period of 
 41.15  suspension. 
 41.16     Sec. 39.  Minnesota Statutes 1997 Supplement, section 
 41.17  127.27, subdivision 11, is amended to read: 
 41.18     Subd. 11.  [ALTERNATIVE EDUCATIONAL SERVICES.] "Alternative 
 41.19  educational services" may include, but are not limited to, 
 41.20  special tutoring, modified curriculum, modified instruction, 
 41.21  other modifications or adaptations, instruction through 
 41.22  electronic media, special education services as indicated by 
 41.23  appropriate assessment, homebound instruction, supervised 
 41.24  homework, or enrollment in another district or in an alternative 
 41.25  learning center under section 124C.45 selected to allow the 
 41.26  pupil to meet graduation standards under section 121.11, 
 41.27  subdivision 7c, although in a different setting.  Area learning 
 41.28  centers are encouraged to offer extended day and extended year 
 41.29  programs to pupils who are at risk of not meeting the graduation 
 41.30  standards. 
 41.31     Sec. 40.  Minnesota Statutes 1997 Supplement, section 
 41.32  127.281, is amended to read: 
 41.33     127.281 [EXCLUSION AND EXPULSION OF PUPILS WITH A 
 41.34  DISABILITY.] 
 41.35     When a pupil who has an individual education plan is 
 41.36  excluded or expelled under sections 127.26 to 127.39 for 
 42.1   misbehavior that is not a manifestation of the pupil's 
 42.2   disability, the district shall continue to provide special 
 42.3   education and related services after a period of suspension, if 
 42.4   suspension is imposed.  The district shall initiate a review of 
 42.5   the individual education plan within ~~five~~ ten school days of 
 42.6   commencing an expulsion, exclusion, or a suspension. 
 42.7      Sec. 41.  Minnesota Statutes 1997 Supplement, section 
 42.8   127.31, subdivision 15, is amended to read: 
 42.9      Subd. 15.  [ADMISSION OR READMISSION PLAN.] A school 
 42.10  administrator shall prepare and enforce an admission or 
 42.11  readmission plan for any pupil who is ~~suspended,~~ excluded~~,~~ or 
 42.12  expelled from school.  The plan may include measures to improve 
 42.13  the pupil's behavior and require parental involvement in the 
 42.14  admission or readmission process, and may indicate the 
 42.15  consequences to the pupil of not improving the pupil's behavior. 
 42.16     Sec. 42.  Minnesota Statutes 1997 Supplement, section 
 42.17  127.32, is amended to read: 
 42.18     127.32 [APPEAL.] 
 42.19     A party to an exclusion or expulsion decision made under 
 42.20  sections 127.26 to 127.39 may appeal the decision to the 
 42.21  commissioner of children, families, and learning within 21 
 42.22  calendar days of school board action.  Upon being served with a 
 42.23  notice of appeal, the district shall provide the commissioner 
 42.24  and the parent or guardian with a complete copy of the hearing 
 42.25  record within five days of its receipt of the notice of appeal.  
 42.26  All written submissions by the appellant must be submitted and 
 42.27  served on the respondent within ten days of its actual receipt 
 42.28  of the transcript.  All written submissions by the respondent 
 42.29  must be submitted and served on the appellant within ten days of 
 42.30  its actual receipt of the written submissions of the appellant.  
 42.31  The decision of the school board must be implemented during the 
 42.32  appeal to the commissioner. 
 42.33     In an appeal under this section, the commissioner may 
 42.34  affirm the decision of the agency, may remand the decision for 
 42.35  additional findings, or may reverse or modify the decision if 
 42.36  the substantial rights of the petitioners ~~may~~ have been 
 43.1   prejudiced because the administrative findings, inferences, 
 43.2   conclusions, or decisions are: 
 43.3      (1) in violation of constitutional provisions; 
 43.4      (2) in excess of the statutory authority or jurisdiction of 
 43.5   the school district; 
 43.6      (3) made upon unlawful procedure, except as provided in 
 43.7   section 127.311; 
 43.8      (4) affected by other error of law; 
 43.9      (5) unsupported by substantial evidence in view of the 
 43.10  entire record submitted; or 
 43.11     (6) arbitrary or capricious. 
 43.12  The commissioner or the commissioner's representative shall make 
 43.13  a final decision based upon the record ~~of evidence presented at~~ 
 43.14  ~~the hearing~~.  The commissioner shall issue a decision within 30 
 43.15  calendar days of receiving the entire record and the parties' 
 43.16  written submission on appeal.  The commissioner's decision shall 
 43.17  be final and binding upon the parties after the time for appeal 
 43.18  expires under section 127.33. 
 43.19     Sec. 43.  Minnesota Statutes 1997 Supplement, section 
 43.20  127.36, subdivision 1, is amended to read: 
 43.21     Subdivision 1.  [EXCLUSIONS AND EXPULSIONS.] The school 
 43.22  board shall report each exclusion or expulsion within 30 days of 
 43.23  the effective date of the action to the commissioner of 
 43.24  children, families, and learning.  This report shall include a 
 43.25  statement of alternative educational services given the pupil 
 43.26  ~~before beginning exclusion or expulsion proceedings,~~ and the 
 43.27  reason for, the effective date, and the duration of the 
 43.28  exclusion or expulsion.  
 43.29     Sec. 44.  Minnesota Statutes 1997 Supplement, section 
 43.30  127.38, is amended to read: 
 43.31     127.38 [POLICIES TO BE ESTABLISHED.] 
 43.32     (a) The commissioner of children, families, and learning 
 43.33  shall promulgate guidelines to assist each school board.  Each 
 43.34  school board shall establish uniform criteria for dismissal and 
 43.35  adopt written policies and rules to effectuate the purposes of 
 43.36  sections 127.26 to 127.39.  The policies shall emphasize 
 44.1   preventing dismissals through early detection of problems and 
 44.2   shall be designed to prevent students' inappropriate behavior 
 44.3   from recurring.  The policies shall recognize the continuing 
 44.4   responsibility of the school for the education of the pupil 
 44.5   during the dismissal period.  The alternative educational 
 44.6   services, if the pupil wishes to take advantage of them, must be 
 44.7   adequate to allow the pupil to make progress towards meeting the 
 44.8   graduation standards adopted under section 121.11, subdivision 
 44.9   7c, and, at a minimum, appropriate to the grade level the pupil 
 44.10  would have been enrolled in if the pupil had not been dismissed, 
 44.11  and help prepare the pupil for readmission.  
 44.12     (b) An area learning center under section 124C.45 may not 
 44.13  prohibit an expelled or excluded pupil from enrolling solely 
 44.14  because a district expelled or excluded the pupil.  The board of 
 44.15  the area learning center may use the provisions of The Pupil 
 44.16  Fair Dismissal Act to exclude a pupil or to require an admission 
 44.17  plan. 
 44.18     (c) The commissioner shall actively encourage and assist 
 44.19  school districts to cooperatively establish alternative 
 44.20  educational services within school buildings not including 
 44.21  regular classroom settings or at alternative program sites that 
 44.22  offer instruction to pupils who are dismissed from school for 
 44.23  willfully engaging in dangerous, disruptive, or violent 
 44.24  behavior, including for possessing a firearm in a school zone. 
 44.25     Sec. 45.  Minnesota Statutes 1996, section 256B.0625, 
 44.26  subdivision 26, is amended to read: 
 44.27     Subd. 26.  [SPECIAL EDUCATION SERVICES.] Medical assistance 
 44.28  covers medical services identified in a recipient's 
 44.29  individualized education plan and covered under the medical 
 44.30  assistance state plan.  The services may be provided by a 
 44.31  Minnesota school district that is enrolled as a medical 
 44.32  assistance provider or its subcontractor, and only if the 
 44.33  services meet all the requirements otherwise applicable if the 
 44.34  service had been provided by a provider other than a school 
 44.35  district, in the following areas:  medical necessity, 
 44.36  physician's orders, documentation, personnel qualifications, and 
 45.1   prior authorization requirements.  Services of a speech 
 45.2   therapist provided under this section by a person who holds a 
 45.3   masters degree in speech/language pathology and is licensed by 
 45.4   the Minnesota board of teaching as an educational 
 45.5   speech/language pathologist are covered notwithstanding 
 45.6   Minnesota Rules, part 9505.0390, subpart 1, item L.  Medical 
 45.7   assistance coverage for medically necessary services provided 
 45.8   under other subdivisions in this section may not be denied 
 45.9   solely on the basis that the same or similar services are 
 45.10  covered under this subdivision. 
 45.11     Sec. 46.  [RULES AFFECTING SPECIAL EDUCATION INSTRUCTION 
 45.12  AND SERVICES.] 
 45.13     (a) The state board of education must amend all rules 
 45.14  relating to providing special instruction and services to 
 45.15  children with a disability so that the rules do not impose 
 45.16  requirements that exceed federal law.  Consistent with the 
 45.17  report of the task force under section 47, subdivision 2, the 
 45.18  state board may use the expedited process under Minnesota 
 45.19  Statutes 1997, section 14.389, to amend these rules. 
 45.20     (b) As of July 1, 1999, any rules relating to providing 
 45.21  special instruction and services to children with a disability 
 45.22  are invalid to the extent they exceed the requirements in 
 45.23  federal law. 
 45.24     Sec. 47.  [TASK FORCE TO COMPARE FEDERAL AND STATE SPECIAL 
 45.25  EDUCATION LAW.] 
 45.26     Subdivision 1.  [ESTABLISHMENT; DUTIES.] A task force is 
 45.27  established to compare existing and currently proposed federal 
 45.28  laws and regulations and state laws and rules governing special 
 45.29  education and to indicate those state laws and rules governing 
 45.30  special education that exceed or expand upon minimum 
 45.31  requirements under federal special education law or regulation.  
 45.32  The commissioner of the department of children, families, and 
 45.33  learning shall appoint a 12-member task force composed of equal 
 45.34  numbers of providers, advocates, regulators, and consumers of 
 45.35  special education services, lawyers who practice in this field 
 45.36  and represent either parents or school districts, and school 
 46.1   officials.  The commissioner shall convene the task force by May 
 46.2   15, 1998, which shall meet on a regular basis to review, 
 46.3   compare, and analyze federal laws and regulations and state laws 
 46.4   and rules governing special education.  The terms and 
 46.5   compensation of the members shall be as described under 
 46.6   Minnesota Statutes, section 15.059, subdivision 6. 
 46.7      Subd. 2.  [REPORT.] The task force shall submit by February 
 46.8   1, 1999, a written report to the education committees of the 
 46.9   legislature and the state board of education that lists those 
 46.10  specific state laws and rules governing special education that 
 46.11  exceed or expand upon the minimum requirements under federal 
 46.12  special education law or regulation and clearly explains how 
 46.13  each listed state requirement exceeds or expands upon minimum 
 46.14  federal requirements and with what impact.  The task force 
 46.15  expires upon the submission of the report. 
 46.16     Sec. 48.  [GRANTS TO IMPLEMENT CONSTRUCTIVE SCHOOL 
 46.17  DISCIPLINE POLICIES.] 
 46.18     Subdivision 1.  [ESTABLISHMENT.] A grant program for fiscal 
 46.19  year 1998 is established to develop, implement, and evaluate 
 46.20  school discipline policies, consistent with the Pupil Fair 
 46.21  Dismissal Act under Minnesota Statutes, sections 127.26 to 
 46.22  127.39 and sections 127.40 to 127.48.  Discipline policies, 
 46.23  developed under this section, should be designed to enable 
 46.24  students to successfully return to the regular classroom setting 
 46.25  after being disciplined for misbehavior.  Discipline policies 
 46.26  should focus on early intervention strategies that limit the 
 46.27  need to provide regular education students with additional 
 46.28  special programs or services. 
 46.29     Subd. 2.  [ELIGIBILITY.] An applicant for a grant must be a 
 46.30  school site, a school district, a charter school, or a provider 
 46.31  of an alternative education program.  To be eligible for a 
 46.32  grant, the grant applicant must meet all of the following 
 46.33  criteria: 
 46.34     (1) develop a plan to establish a school site mediation 
 46.35  board under Minnesota Statutes, sections 127.411 to 127.42, to 
 46.36  mediate issues relating to district or school site codes of 
 47.1   conduct that apply to students; 
 47.2      (2) include in the code of conduct a plan to remove from 
 47.3   the regular classroom setting those students who violate the 
 47.4   code; 
 47.5      (3) provide students who violate the code with an 
 47.6   alternative education setting within the school or program site; 
 47.7   and 
 47.8      (4) make the alternative education setting a constructive 
 47.9   experience by using instructional materials tied to educational 
 47.10  standards, placing students in an alternative setting outside 
 47.11  the normal school day, involving parents in effecting 
 47.12  discipline, or developing intervention techniques such as 
 47.13  time-outs, among other alternatives. 
 47.14     Subd. 3.  [APPLICATION PROCESS.] To obtain a grant to 
 47.15  implement constructive school discipline policies, a grant 
 47.16  applicant must submit an application to the commissioner of 
 47.17  children, families, and learning in the form and manner the 
 47.18  commissioner establishes.  The application must describe how the 
 47.19  applicant will meet the eligibility criteria under subdivision 
 47.20  2.  The commissioner may require the applicant to provide 
 47.21  additional information. 
 47.22     Subd. 4.  [GRANT AWARDS.] The commissioner may award up to 
 47.23  five grants of up to $50,000.  Grant recipients must be located 
 47.24  throughout the state and have diverse experiences with student 
 47.25  disciplinary matters.  The amount of the grant shall be based on 
 47.26  the number of students the grant recipient anticipates will be 
 47.27  disciplined and on the alternative education settings the grant 
 47.28  recipient proposes to use.  Grant recipients must use the grant 
 47.29  proceeds to accomplish the purposes of this section. 
 47.30     Subd. 5.  [EVALUATION.] The commissioner shall evaluate the 
 47.31  grant sites and selected control sites to determine the impact 
 47.32  of the constructive discipline policy grant program on measures 
 47.33  of student behavior and performance, including at least, student 
 47.34  achievement and attendance, and the impact of the program on the 
 47.35  school site, the student body, the classroom, and the school 
 47.36  faculty.  The evaluation must also address the financial impact 
 48.1   of the program on the district and the school site.  Upon 
 48.2   implementing a student code of conduct consistent with this 
 48.3   section, the grant recipient must cooperate in evaluating the 
 48.4   impact of code policies.  As a part of the evaluation process, 
 48.5   the grant recipient must document student and parent response to 
 48.6   code policies over at least a three-year period.  The 
 48.7   commissioner shall compile for the education committees of the 
 48.8   legislature a progress report by February 1, 1999, and a final 
 48.9   report by February 1, 2001, on the effectiveness and impact of 
 48.10  discipline policies. 
 48.11     Sec. 49.  [SPEECH-LANGUAGE PATHOLOGISTS.] 
 48.12     The board of teaching shall allow individuals who hold a 
 48.13  certificate of clinical competence from the American 
 48.14  Speech-Language-Hearing Association to be licensed as 
 48.15  speech-language pathologists. 
 48.16     Sec. 50.  [BOARD OF TEACHING; RULE CHANGES; SPEECH-LANGUAGE 
 48.17  SERVICES.] 
 48.18     The board of teaching, in order to comply with section 49, 
 48.19  shall by rule allow individuals who hold a certificate of 
 48.20  clinical competence from the American Speech-Language-Hearing 
 48.21  Association to be licensed as speech-language pathologists. 
 48.22     Sec. 51.  [APPROPRIATIONS.] 
 48.23     Subdivision 1.  [DEPARTMENT OF CHILDREN, FAMILIES, AND 
 48.24  LEARNING.] The sums indicated in this section are appropriated 
 48.25  from the general fund to the department of children, families, 
 48.26  and learning for the fiscal years designated. 
 48.27     Subd. 2.  [CONSTRUCTIVE SCHOOL DISCIPLINE POLICIES.] For 
 48.28  grants to develop, implement, and evaluate school discipline 
 48.29  policies under section 48: 
 48.30       $250,000       .....     1999 
 48.31     Grant recipients may expend grant proceeds over a 
 48.32  three-year period.  Of this amount, $13,500 is for performing an 
 48.33  evaluation. 
 48.34     Subd. 3.  [THIRD-PARTY BILLING SYSTEM; ASSISTANCE.] For 
 48.35  assisting and training local education agency staff in 
 48.36  developing and implementing an effective and efficient 
 49.1   third-party billing system under section 2: 
 49.2        $  200,000     .....     1999 
 49.3      Any funds not expended during the 1999 fiscal year do not 
 49.4   cancel and are available in the subsequent fiscal year. 
 49.5      Subd. 4.  [LITIGATION COSTS.] For paying 70 percent of the 
 49.6   litigation costs a district actually incurs under section 20: 
 49.7        $1,000,000     .....     1999 
 49.8      Subd. 5.  [PROVIDING TECHNICAL ASSISTANCE.] For department 
 49.9   staff to provide technical assistance and training under section 
 49.10  2: 
 49.11       $  700,000     .....     1999 
 49.12     Sec. 52.  [PROVIDING TECHNICAL ASSISTANCE.] 
 49.13     $50,000 is appropriated in fiscal year 1999 from the 
 49.14  general fund to the commissioner of human services to provide 
 49.15  technical assistance and training under section 2. 
 49.16     Sec. 53.  [LCC FOR TASK FORCE TO COMPARE FEDERAL AND STATE 
 49.17  LAWS AND RULES GOVERNING SPECIAL EDUCATION.] 
 49.18     $150,000 is appropriated in fiscal year 1999 from the 
 49.19  general fund to the legislative coordinating commission for the 
 49.20  purposes of section 47. 
 49.21     Sec. 54.  [EFFECTIVE DATE.] 
 49.22     Sections 1, 20, 45, 46, 47, 48, 49, 50, 51, 52, and 53 are 
 49.23  effective the day following final enactment.