Education Law

EDUCATION LAW
Prepared by:
Melinda Hugdahl, Staff Attorney
Legal Services Advocacy Project
651-222-3749, ext. 107
mthugdahl@mnlsap.org
and
Ron Elwood, Staff Attorney
Legal Services Advocacy Project
651-222-3749, ext. 109
relwood@mnlsap.org


I. EARLY LEARNING STUDY
Chapter 96, Article 6, Section 10 (HF 2)
Effective August 1, 2009

Requires the Department of Human Services and the Department of Education to study how to: (1) transition basic sliding fee child care, Minnesota Family Investment Program child care, and child care development grants to the Department of Education; and (2) develop an early learning system with a single set of standards . Requires a report to the Legislature by February 15, 2010.


II. EXPULSION OF A CHILD WITH A DISABILITY
Chapter 96, Article 3, Section 3 (HF 2)
Amends Minn. Stat. § 121A.43
Effective August 1, 2009

Permits suspension of a child with a disability, consistent with federal and state law. Requires a meeting of a child's individualized education program team when the child has been suspended for more than five consecutive school days or 10 cumulative school days in the same school year. Provides that suspension does not involve a recommendation for expulsion or exclusion or other change of placement. Requires a child with a disability whose suspension exceeds five consecutive school days to be provided with alternative educational services. Requires a determination prior to expulsion or exclusion whether the behavior: (1) was caused by, or had a direct and substantial relationship to, the child's disability; and (2) whether the child's conduct was a direct result of a failure to implement the individualized education program.


III. MINNESOTA PROMISE
Chapter 95, Article 2, Section 11 (SF 2083)
Adds Minn. Stat. § 135A.1201
Effective August 1, 2009

Declares that it is the policy of the Legislature to provide sufficient financial aid funding so that tuition and fees necessary for students from low-income families to attend a public two-year college are covered by state financial aid when combined with federal and other sources of aid. Requires the Office of Higher Education to prepare and distribute materials to promote the Minnesota Promise, the availability of financial aid, and the benefits of higher education.


IV. NOTICE TO STUDENTS AT POST-SECONDARY INSTITUTIONS
Chapter 95, Article 2, Section 2 (SF 2083)
Adds Minn. Stat. § 135A.157
Effective August 1, 2009

Requires post-secondary institutions to notify accepted students -- at or before acceptance of admission, and at or before selection by the student of a major - that criminal arrests, charges, or convictions may impact the student's employment possibilities in specific careers, and may limit the student's ability to receive financial aid. Expressly provides that there is no liability for failure to provide the notice.