Bill HF0775, SF0507

1.1          A bill for an act
1.2          relating to education; special education; requiring districts to adopt policies and
1.3          processes to assist parents who require language assistance; requiring reasonable
1.4          accommodations for parents of children with disabilities;proposing coding for
1.5          new law in Minnesota Statutes, chapter 125A.
1.6          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7          Section 1. [125A.081] MEANINGFUL PARTICIPATION FOR PARENTS WHO
1.8          REQUIRE LANGUAGE ASSISTANCE.
1.9                          Subdivision 1.District policy. (a) A school district must adopt a policy to ensure that
1.10       a parent who requires language assistance and whose child has a disability can meaningfully
1.11       participate in the development of the child's education program.
1.12       (b) The policy must include the following:
1.13       (1) the process for a parent to request free translation and interpretation services through
1.14       the school district;
1.15       (2) a list of the documents related to an individualized education program that are
1.16       available in languages other than English;
1.17       (3) the district's process for ensuring that a parent who requires language assistance
1.18       understands the contents of a document relating to a child's individualized education program;
1.19       and
1.20       (4) the process for a parent to request that a document related to the individualized
1.21       education program be provided at least one day before a meeting related to the child's
1.22       individualized education program.
2.1                          Subd. 2.District process. (a) A school district must develop a process for: (1) identifying
2.2          a parent who requires language assistance; (2) notifying the parent, in a language the parent
2.3          understands, of the policy required under subdivision 1; and (3) providing the parent a
2.4          written or oral translation of the policy. If the parent requires language assistance and the
2.5          parent's native language is not a written language, the district must provide an oral translation
2.6          of the policy. The district must consider modifications to the process for developing an
2.7          individualized education program that enable a parent who requires language assistance
2.8          with speaking, reading, writing, or comprehension to meaningfully participate in the
2.9          development and revision of the child's individualized education program.
2.10       (b) A school district must notify teachers and other school staff who work with children
2.11       with disabilities of the process to request translators and interpreters.
2.12       (c) The district must post the policy in English and the three most common languages
2.13       in the district on the district's website and must notify parents of children with disabilities
2.14       of the policy annually.

2.15       EFFECTIVE DATE. This section is effective July 1, 2025.

2.16       Sec. 2. [125A.082] ACCOMMODATIONS FOR PARENTS OF CHILDREN WITH
2.17       DISABILITIES.
2.18                       Subdivision 1.Accommodations policy required. (a) A school district must adopt a
2.19       policy establishing a process to provide accommodations for a parent with a disability who
2.20       is a parent of a child with a disability that allows the parent to participate in developing a
2.21       child's individualized education program. A district must provide a parent with a disability
2.22       with a reasonable accommodation unless it would impose an undue hardship on the district.
2.23       (b) "Reasonable accommodation" has the meaning given in section 363A.08, subdivision
2.24       6. In determining whether an accommodation would impose an undue hardship on the school
2.25       district, factors to be considered are the factors listed in section 363A.08, subdivision 6. An
2.26       accommodation is reasonable if it allows a parent with a disability to participate meaningfully
2.27       in meetings, data collection, or a paperwork process related to an individualized education
2.28       program and does not impose an undue hardship on the school district.
2.29       (c) "Disability" has the meaning given in section 363A.03, subdivision 12. The
2.30       determination of whether a parent has a disability does not require that a parent disclose
2.31       private health information to the school district. A school district may not request or require
2.32       that a parent authorize the release of health care records or medical information.
3.1          (d) A school district must require that all teachers and staff providing special instruction
3.2          and services to students with disabilities review the accommodations policy each school
3.3          year.
3.4                          Subd. 2.Process. (a) A district must inform the parent of a student with a disability of
3.5          the accommodation process before referring the student for a special education evaluation
3.6          and annually thereafter at the beginning of each school year that has an individualized
3.7          education program. The district must ensure that notice of the accommodation process is
3.8          easily understandable and readable and must offer a parent the option to receive the notice
3.9          orally or in the parent's native language, where appropriate.
3.10       (b) A parent's request for an accommodation must be treated as private data according
3.11       to section 13.32, and may not be disclosed as directory information or be included in a
3.12       student's individualized education program or other student records. Accommodations
3.13       granted must be noted in the student's individualized education program but the individualized
3.14       education program or other student records must not include information about the parent's
3.15       disability and must not state that the accommodation is for a parent's disability.
3.16       (c) The process to request an accommodation must allow a parent with a disability to
3.17       request an accommodation verbally or in writing, and to submit the request to any member
3.18       of an individualized education program team holding a license issued under chapter 122A
3.19       that is employed by the district, or if the student has not been referred for special education
3.20       evaluation, to the student's teacher or principal.
3.21       (d) A school district must respond to a request for an accommodation within five school
3.22       days. A deadline related to the development or modification of an individualized education
3.23       program that is not established by federal law is stayed pending the resolution of a parent's
3.24       request for an accommodation. During the stay, a district must continue to provide a student
3.25       with educational services under a temporary or existing individualized education program.

3.26       EFFECTIVE DATE. This section is effective July 1, 2025.