SF 2078

02/18/25  REVISOR  CR/VJ  25-03974  as introduced
  SENATE
  STATE OF MINNESOTA
  NINETY-FOURTH SESSION  S.F. No. 2078
  (SENATE AUTHORS: FARNSWORTH, Seeberger, Cwodzinski, Lang and Kreun)
  DATE       D-PG  OFFICIAL STATUS
  03/03/2025       612 Introduction and first reading
  Referred to Education Policy
1.1A bill for an act
1.2relating to education; modifying individualized education program requirements;
1.3requiring rulemaking; amending Minnesota Statutes 2024, section 125A.08,
1.4subdivision 1.
1.5    BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6Section 1. Minnesota Statutes 2024, section 125A.08, subdivision 1, is amended to read:
1.7Subdivision 1. Individualized education programs. (a) At the beginning of each school
1.8    year, each school district shall have in effect, for each child with a disability, an
1.9    individualized education program.
1.10(b) As defined in this section, every district must ensure the following:
1.11(1) all students with disabilities are provided the special instruction and services which
1.12   are appropriate to their needs. Where the individualized education program team has
1.13   determined appropriate goals and objectives based on the student's needs, including the
1.14   extent to which the student can be included in the least restrictive environment, and where
1.15   there are essentially equivalent and effective instruction, related services, or assistive
1.16   technology devices available to meet the student's needs, cost to the district may be among
1.17   the factors considered by the team in choosing how to provide the appropriate services,
1.18   instruction, or devices that are to be made part of the student's individualized education
1.19   program. The individualized education program team shall consider and may authorize
1.20   services covered by medical assistance according to section 256B.0625, subdivision 26.
1.21   Before a school district evaluation team makes a determination of other health disability
1.22   under Minnesota Rules, part 3525.1335, subparts 1 and 2, item A, subitem (1), the evaluation
1.23   team must seek written documentation of the student's medically diagnosed chronic or acute
Section 1.  1
 02/18/25  REVISOR  CR/VJ  25-03974  as introduced
2.1  health condition signed by a licensed physician or a licensed health care provider acting
2.2  within the scope of the provider's practice. The student's needs and the special education
2.3  instruction and services to be provided must be agreed upon through the development of
2.4  an individualized education program. The program must address the student's need to develop
2.5  skills to live and work as independently as possible within the community. The individualized
2.6  education program team must consider positive behavioral interventions, strategies, and
2.7  supports that address behavior needs for children. During grade 9, unless the student's parent
2.8  or guardian requests to delay the transition plan until the student turns 16, the program must
2.9  address the student's needs for transition from secondary services to postsecondary education
2.10 and training, employment, community participation, recreation, and leisure and home living.
2.11 In developing the program, districts must inform parents of the full range of transitional
2.12 goals and related services that should be considered. The program must include a statement
2.13 of the needed transition services, including a statement of the interagency responsibilities
2.14 or linkages or both before secondary services are concluded. If the individualized education
2.15 program meets the plan components in section 120B.125, the individualized education
2.16 program satisfies the requirement and no additional transition plan is needed;
2.17     (2) children with a disability under age five and their families are provided special
2.18 instruction and services appropriate to the child's level of functioning and needs;
2.19     (3) children with a disability and their parents or guardians are guaranteed procedural
2.20 safeguards and the right to participate in decisions involving identification, assessment
2.21 including assistive technology assessment, and educational placement of children with a
2.22 disability;
2.23     (4) eligibility and needs of children with a disability are determined by an initial
2.24 evaluation or reevaluation, which may be completed using existing data under United States
2.25 Code, title 20, section 33, et seq.;
2.26     (5) to the maximum extent appropriate, children with a disability, including those in
2.27 public or private institutions or other care facilities, are educated with children who are not
2.28 disabled, and that special classes, separate schooling, or other removal of children with a
2.29 disability from the regular educational environment occurs only when and to the extent that
2.30 the nature or severity of the disability is such that education in regular classes with the use
2.31 of supplementary services cannot be achieved satisfactorily;
2.32     (6) in accordance with recognized professional standards, testing and evaluation materials,
2.33 and procedures used for the purposes of classification and placement of children with a
 Section 1.  2
02/18/25  REVISOR  CR/VJ  25-03974  as introduced
3.1 disability are selected and administered so as not to be racially or culturally discriminatory;
3.2 and
3.3     (7) the rights of the child are protected when the parents or guardians are not known or
3.4 not available, or the child is a ward of the state.
3.5   Sec. 2. INDIVIDUALIZED EDUCATION PROGRAM; RULE AMENDMENT.
3.6     The commissioner of education must amend Minnesota Rules, part 3525.2810, subpart
3.7 1, item A, to only require a statement of measurable annual goals as part of an individualized
3.8 education program and not include benchmarks or short-term objectives.
Sec. 2.  3