1.1.................... moves to amend H.F. No. 1179, the first engrossment, as follows:
1.2Page 82, after line 28, insert:

1.3    "Sec. 13. Minnesota Statutes 2008, section 125A.56, is amended to read:
1.4125A.56 ALTERNATE INSTRUCTION REQUIRED BEFORE ASSESSMENT
1.5REFERRAL.
1.6    Subdivision 1. Requirement. (a) Before a pupil is referred for a special education
1.7evaluation, the district must conduct and document at least two scientific, research-based
1.8 instructional strategies, alternatives, or interventions using a system of scientific,
1.9research-based instruction and intervention in academics or behavior, based on the pupil's
1.10needs, while the pupil is in the regular classroom. The pupil's teacher must and document
1.11the results. A special education evaluation team may waive this requirement when it
1.12determines the pupil's need for the evaluation is urgent. A district may not use this section
1.13may not be used to deny a pupil's right to a special education evaluation.
1.14    (b) A school district shall use alternative intervention services, including the
1.15assurance of mastery program under section 124D.66, the supplemental early education
1.16program under section 124D.081, or an early intervening services program under
1.17subdivision 2 to serve at-risk pupils who demonstrate a need for alternative instructional
1.18strategies, alternatives or interventions.
1.19    Subd. 1a. Definitions. (a) For purposes of this section, the terms defined in this
1.20subdivision have the meaning given them.
1.21(b) "Early intervening services" means providing additional academic and behavioral
1.22support in a general education environment to pupils who have not been identified as
1.23needing special education or related services.
1.24(c) "General outcome measures" means valid and reliable measures based on
1.25monitoring of pupils' progress, including both general screening of all pupils and more
1.26frequent progress monitoring of pupil responses to specific interventions.
2.1(d) "Progress monitoring" means a standardized, scientifically-based practice using
2.2ongoing assessments that compare expected and actual rates of learning to measure pupils'
2.3progress towards meeting a particular goal.
2.4(e) "Benchmark assessments" means screening that is administered at least three
2.5times per year to pupils in kindergarten through grade 8 who are at-risk or in need of early
2.6intervening services and may be administered to pupils in grades 9 through 12.
2.7(f) "Scientific, research-based instructional strategies, alternatives and interventions"
2.8means instruction and intervention derived from systematically applying rigorous and
2.9objective procedures to obtain valid and reliable knowledge about educational activities
2.10and programs.
2.11(g) "Incidental benefit" means the benefit received by a nondisabled pupil who
2.12also receives academic or behavioral instruction provided by a special education teacher
2.13to a small group of primarily pupils with disabilities to implement their individualized
2.14education programs and who needs the support to succeed in the general education
2.15environment.
2.16    Subd. 2. Early intervening services program. (a) A district may meet the
2.17requirement under subdivision 1 by establishing An early intervening services program
2.18that includes:
2.19    (1) a system of valid and reliable screening and general outcome measures aligned
2.20to state academic standards that is administered at least three times per year to pupils
2.21in kindergarten through grade 8 who need additional academic or behavioral support
2.22to succeed in the general education environment. The school must provide interim
2.23assessments that measure pupils' performance three times per year and implement that use
2.24valid and reliable benchmark assessments;
2.25(2) progress monitoring appropriate to the pupil. For purposes of this section,
2.26"progress monitoring" means the frequent and continuous measurement of a pupil's
2.27performance that includes these three interim assessments and other pupil assessments
2.28during the school year. A school, at its discretion, may allow pupils in grades 9 through
2.2912 to participate in interim assessments data that documents the effectiveness of specific
2.30interventions for each pupil and compares a pupil's performance against general outcome
2.31measures;
2.32    (2) (3) a system of scientific, research-based instruction and intervention
2.33instructional strategies, alternatives and interventions; and
2.34    (3) (4) an organizational plan that allows teachers, paraprofessionals, and volunteers
2.35funded through various sources to deliver instruction, work collaboratively as a grade-level
2.36team or use another configuration across grades and settings to deliver instruction. The
3.1team must be trained, and to receive training in scientific, research-based instruction and
3.2intervention. Teachers and paraprofessionals at a site operating under this paragraph
3.3must work collaboratively with those pupils who need additional academic or behavioral
3.4support to succeed in a general education environment.
3.5    Subd. 3. Incidental benefit. (b) (a) As an intervention under paragraph (a)
3.6subdivision 2, clause (2) (3), staff generating special education aid under section 125A.76
3.7may provide small group instruction to pupils who need additional academic or behavioral
3.8support to succeed in the general education environment. Small group instruction that
3.9includes pupils with a disability may be provided in the general education environment if:
3.10(1) the needs of the pupils with a disability are met, consistent with their individual
3.11education plans, and;
3.12(2) all pupils in the group receive the same level of instruction and make the same
3.13progress in the instruction or intervention; and
3.14(3) during each 60-day period that a nondisabled pupil participates in small group
3.15instruction under this paragraph, the pupil's progress monitoring data are examined to
3.16determine whether the pupil is making progress and, if the pupil is not making progress,
3.17the pupil's intervention strategies must be changed or the pupil must be referred for
3.18a special education evaluation.
3.19Teachers and paraprofessionals must ensure that the needs of pupils with a disability
3.20participating in small group instruction under this paragraph remain the focus of the
3.21instruction. Expenditures attributable to the time special education staff spends providing
3.22instruction to nondisabled pupils in this circumstance is eligible for special education aid
3.23under section 125A.76 as an incidental benefit if:
3.24    (1) the group consists primarily of disabled pupils;
3.25    (2) no special education staff are added to meet nondisabled pupils' needs; and
3.26    (3) the primary purpose of the instruction is to implement the individual education
3.27plans of pupils with a disability in this group.
3.28    (b) Expenditures attributable to the time special education staff spends providing
3.29small group instruction to nondisabled pupils that affords more than an incidental benefit
3.30to such pupils is not eligible for special education aid under section 125A.76, except
3.31that such expenditures may be included in the alternative delivery initial aid adjustment
3.32under section 125A.78 if the district has an approved program under section 125A.50.
3.33During each 60-day period that a nondisabled pupil participates in small group instruction
3.34under this paragraph, the pupil's progress monitoring data must be examined to determine
3.35whether the pupil is making progress and, if the pupil is not making progress, the pupil's
4.1intervention strategies must be changed or the pupil must be referred for a special
4.2education evaluation."
4.3Renumber the sections in sequence and correct the internal references
4.4Amend the title accordingly