Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1999, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 123-S.F.No. 296
An act relating to education; modifying special
education provisions; providing for rulemaking;
amending Minnesota Statutes 1998, sections 121A.41,
subdivision 10; 121A.43; 125A.023; 125A.027; 125A.03;
125A.07; 125A.08; 125A.09, subdivisions 1 and 6;
125A.10; 125A.18; 125A.21, subdivision 2; 125A.24;
125A.30; 125A.33; 125A.44; 125A.52, subdivision 1; and
125A.75, subdivision 8; repealing Laws 1998, chapter
398, article 2, section 53; Minnesota Rules, part
3525.2470.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1998, section 121A.41,
subdivision 10, is amended to read:
Subd. 10. [SUSPENSION.] "Suspension" means an action by
the school administration, under rules promulgated by the school
board, prohibiting a pupil from attending school for a period of
no more than ten school days. If a suspension is longer than
five days, the suspending administrator must provide the
superintendent with a reason for the longer suspension. This
definition does not apply to dismissal from school for one
school day or less, except as provided in federal law for a
student with a disability. Each suspension action may include a
readmission plan. The readmission plan shall include, where
appropriate, a provision for implementing alternative
educational services upon readmission and may not be used to
extend the current suspension. The school administration may
not impose consecutive suspensions against the same pupil for
the same course of conduct, or incident of misconduct, except
where the pupil will create an immediate and substantial danger
to self or to surrounding persons or property, or where the
district is in the process of initiating an expulsion, in which
case the school administration may extend the suspension to a
total of 15 days. In the case of a pupil student with a
disability, school districts must comply with applicable federal
law. the student's individual education plan team must meet
immediately but not more than ten school days after the date on
which the decision to remove the student from the student's
current education placement is made. The individual education
plan team shall at that meeting: conduct a review of the
relationship between the child's disability and the behavior
subject to disciplinary action; and determine the
appropriateness of the child's education plan.
The requirements of the individual education plan team
meeting apply when:
(1) the parent requests a meeting;
(2) the student is removed from the student's current
placement for five or more consecutive days; or
(3) the student's total days of removal from the student's
placement during the school year exceed ten cumulative days in a
school year. The school administration shall implement
alternative educational services when the suspension exceeds
five days. A separate administrative conference is required for
each period of suspension.
Sec. 2. Minnesota Statutes 1998, section 121A.43, is
amended to read:
121A.43 [EXCLUSION AND EXPULSION OF PUPILS WITH A
DISABILITY.]
When a pupil who has an individual education plan is
excluded or expelled under sections 121A.40 to 121A.56 for
misbehavior that is not a manifestation of the pupil's
disability, the district shall continue to provide special
education and related services after a period of suspension, if
suspension is imposed. The district shall initiate a review of
the student's individual education plan within five school days
of and conduct a review of the relationship between the
student's disability and the behavior subject to disciplinary
action and determine the appropriateness of the student's
education plan before commencing an expulsion, or exclusion, or
a suspension.
Sec. 3. Minnesota Statutes 1998, section 125A.023, is
amended to read:
125A.023 [COORDINATED INTERAGENCY SERVICES.]
Subdivision 1. [CITATION.] This section and section
125A.027 shall be cited as the "Interagency Services for
Children with Disabilities Act."
Subd. 2. [PURPOSE.] It is the policy of the state to
develop and implement a coordinated, multidisciplinary,
interagency intervention service system for children ages three
to 22 21 with disabilities.
Subd. 3. [DEFINITIONS.] For purposes of this section and
section 125A.027, the following terms have the meanings given
them:
(a) "Health plan" means:
(1) a health plan under section 62Q.01, subdivision 3;
(2) a county-based purchasing plan under section 256B.692;
(3) a self-insured health plan established by a local
government under section 471.617; or
(4) self-insured health coverage provided by the state to
its employees or retirees.
(b) For purposes of this section, "health plan company"
means an entity that issues a health plan as defined in
paragraph (a).
(c) "Individual interagency intervention plan" means a
standardized written plan describing those programs or services
and the accompanying funding sources available to eligible
children with disabilities.
(d) "Interagency intervention service system" means a
system that coordinates services and programs required in state
and federal law to meet the needs of eligible children with
disabilities ages three to 22 21, including:
(1) services provided under the following programs or
initiatives administered by state or local agencies:
(i) the maternal and child health program under title V of
the Social Security Act, United States Code, title 42, sections
701 to 709;
(ii) the Individuals with Disabilities Education Act under
United States Code, title 20, chapter 33, subchapter II,
sections 1411 to 1420;
(iii) medical assistance under the Social Security Act,
United States Code, title 42, chapter 7, subchapter XIX, section
1396, et seq.;
(iv) the Developmental Disabilities Assistance and Bill of
Rights Act, United States Code, title 42, chapter 75, subchapter
II, sections 6021 to 6030, Part B;
(v) the Head Start Act, United States Code, title 42,
chapter 105, subchapter II, sections 9831 to 9852;
(vi) rehabilitation services provided under chapter 268A;
(vii) Juvenile Court Act services provided under sections
260.011 to 260.301;
(viii) the children's mental health collaboratives under
section 245.493;
(ix) the family service collaboratives under section
124D.23;
(x) the family community support plan under section
245.4881, subdivision 4;
(xi) the MinnesotaCare program under chapter 256L;
(xii) the community health services grants under chapter
145;
(xiii) the Community Social Services Act funding under the
Social Security Act, United States Code, title 42, sections 1397
to 1397f; and
(xiv) the community interagency transition committees under
section 125A.22;
(2) services provided under a health plan in conformity
with an individual family service plan or an individual
education plan; and
(3) additional appropriate services that local agencies and
counties provide on an individual need basis upon determining
eligibility and receiving a request from the interagency early
intervention committee and the child's parent.
(e) "Children with disabilities" has the meaning given in
section 125A.02.
(f) A "standardized written plan" means those individual
services or programs available through the interagency
intervention service system to an eligible child other than the
services or programs described in the child's individual
education plan or the child's individual family service plan.
Subd. 4. [STATE INTERAGENCY COMMITTEE.] (a) The governor
shall convene an 18-member interagency committee to develop and
implement a coordinated, multidisciplinary, interagency
intervention service system for children ages three to 22 21
with disabilities. The commissioners of commerce, children,
families, and learning, health, human rights, human services,
economic security, and corrections shall each appoint two
committee members from their departments; the association of
Minnesota counties shall appoint two county representatives, one
of whom must be an elected official, as committee members; and
the Minnesota school boards association and the school nurse
association of Minnesota shall each appoint one committee
member. The committee shall select a chair from among its
members.
(b) The committee shall:
(1) identify and assist in removing state and federal
barriers to local coordination of services provided to children
with disabilities;
(2) identify adequate, equitable, and flexible funding
sources to streamline these services;
(3) develop guidelines for implementing policies that
ensure a comprehensive and coordinated system of all state and
local agency services, including multidisciplinary assessment
practices for children with disabilities ages three to 22 21;
(4) develop, consistent with federal law, a standardized
written plan for providing services to a child with
disabilities;
(5) identify how current systems for dispute resolution can
be coordinated and develop guidelines for that coordination;
(6) develop an evaluation process to measure the success of
state and local interagency efforts in improving the quality and
coordination of services to children with disabilities ages
three to 22 21;
(7) develop guidelines to assist the governing boards of
the interagency early intervention committees in carrying out
the duties assigned in section 125A.027, subdivision 1,
paragraph (b); and
(8) carry out other duties necessary to develop and
implement within communities a coordinated, multidisciplinary,
interagency intervention service system for children with
disabilities.
(c) The committee shall consult on an ongoing basis with
the state education advisory committee for special education and
the governor's interagency coordinating council in carrying out
its duties under this section, including assisting the governing
boards of the interagency early intervention committees.
Subd. 5. [INTERVENTION DEMONSTRATION PROJECTS.] (a) The
commissioner of children, families, and learning, based on
recommendations from the state interagency committee, shall
issue a request for proposals by January 1, 1999, for grants to
the governing boards of interagency intervention committees
under section 125A.027 or a combination of one or more counties
and school districts to establish five voluntary interagency
intervention demonstration projects. One grant shall be used to
implement a coordinated service system for all eligible children
with disabilities up to age five who received services under
sections 125A.26 to 125A.48. One grant shall be used to
implement a coordinated service system for a population of
minority children with disabilities from ages 12 to 22 21, who
may have behavioral problems and are in need of transitional
services. Each project must be operational by July 1, 1999.
The governing boards of the interagency early intervention
committees and the counties and school districts receiving
project grants must develop efficient ways to coordinate
services and funding for children with disabilities ages three
to 22 21, consistent with the requirements of this section and
section 125A.027 and the guidelines developed by the state
interagency committee under this section.
(b) The state interagency committee shall evaluate the
demonstration projects and provide the evaluation results to
interagency early intervention committees.
Subd. 6. [THIRD-PARTY LIABILITY.] Nothing in this section
and section 125A.027 relieves a health plan company, third party
administrator or other third-party payer of an obligation to pay
for, or changes the validity of an obligation to pay for,
services provided to children with disabilities ages three to 22
21 and their families.
Subd. 7. [AGENCY OBLIGATION.] Nothing in this section and
section 125A.027 removes the obligation of the state, counties,
local school districts, a regional agency, or a local agency or
organization to comply with any federal or state law that
mandates responsibility for finding, assessing, delivering,
assuring, or paying for education or related services for
children with disabilities and their families.
Sec. 4. Minnesota Statutes 1998, section 125A.027, is
amended to read:
125A.027 [INTERAGENCY EARLY INTERVENTION COMMITTEE
RESPONSIBILITIES.]
Subdivision 1. [ADDITIONAL DUTIES.] (a) The governing
boards of the interagency early intervention committees are
responsible for developing and implementing interagency policies
and procedures to coordinate services at the local level for
children with disabilities ages three to 22 21 under guidelines
established by the state interagency committee under section
125A.023, subdivision 4. Consistent with the requirements in
this section and section 125A.023, the governing boards of the
interagency early intervention committees shall organize as a
joint powers board under section 471.59 or enter into an
interagency agreement that establishes a governance structure.
(b) The governing board of each interagency early
intervention committee as defined in section 125A.30, paragraph
(a), which may include a juvenile justice professional, shall:
(1) identify and assist in removing state and federal
barriers to local coordination of services provided to children
with disabilities;
(2) identify adequate, equitable, and flexible use of
funding by local agencies for these services;
(3) implement policies that ensure a comprehensive and
coordinated system of all state and local agency services,
including multidisciplinary assessment practices, for children
with disabilities ages three to 22 21;
(4) use a standardized written plan for providing services
to a child with disabilities developed under section 125A.023;
(5) access the coordinated dispute resolution system and
incorporate the guidelines for coordinating services at the
local level, consistent with section 125A.023;
(6) use the evaluation process to measure the success of
the local interagency effort in improving the quality and
coordination of services to children with disabilities ages
three to 22 21 consistent with section 125A.023;
(7) develop a transitional plan for children moving from
the interagency early childhood intervention system under
sections 125A.259 to 125A.48 into the interagency intervention
service system under this section;
(8) coordinate services and facilitate payment for services
from public and private institutions, agencies, and health plan
companies; and
(9) share needed information consistent with state and
federal data practices requirements.
Subd. 2. [APPROPRIATE AND NECESSARY SERVICES.] (a)
Parents, physicians, other health care professionals including
school nurses, and education and human services providers
jointly must determine appropriate and necessary services for
eligible children with disabilities ages three to 22 21. The
services provided to the child under this section must conform
with the child's standardized written plan. The governing board
of an interagency early intervention committee must provide
those services contained in a child's individual education plan
and those services for which a legal obligation exists.
(b) Nothing in this section or section 125A.023 increases
or decreases the obligation of the state, county, regional
agency, local school district, or local agency or organization
to pay for education, health care, or social services.
(c) A health plan may not exclude any medically necessary
covered service solely because the service is or could be
identified in a child's individual family service plan,
individual education plan, a plan established under section 504
of the federal Rehabilitation Act of 1973, or a student's
individual health plan. This paragraph reaffirms the obligation
of a health plan company to provide or pay for certain medically
necessary covered services, and encourages a health plan company
to coordinate this care with any other providers of similar
services. Also, a health plan company may not exclude from a
health plan any medically necessary covered service such as an
assessment or physical examination solely because the resulting
information may be used for an individual education plan or a
standardized written plan.
Subd. 3. [IMPLEMENTATION TIMELINE.] By July 1, 2000, all
governing boards of interagency early intervention committees
statewide must implement a coordinated service system for
children up to age five with disabilities consistent with the
requirements of this section and section 125A.023 and the
evaluation results from the demonstration projects under section
125A.023, subdivision 5. Children with disabilities up to the
age of 22 21 shall be eligible for coordinated services and
their eligibility to receive such services under this section
shall be phased in over a four-year period as follows:
(1) July 1, 2001, children up to age nine become eligible;
(2) July 1, 2002, children up to age 14 become eligible;
and
(3) July 1, 2003, children up to age 22 21 become eligible.
Sec. 5. Minnesota Statutes 1998, section 125A.03, is
amended to read:
125A.03 [SPECIAL INSTRUCTION FOR CHILDREN WITH A
DISABILITY.]
(a) As defined in paragraph (b), to the extent required in
federal law as of July 1, 1999, every district must provide
special instruction and services, either within the district or
in another district, for children with a disability who are
residents of the district and who are disabled as set forth in
section 125A.02.
(b) Notwithstanding any age limits in laws to the contrary,
special instruction and services must be provided from birth
until September July 1 after the child with a disability becomes
22 21 years old but shall not extend beyond secondary school or
its equivalent, except as provided in section 124D.68,
subdivision 2. Local health, education, and social service
agencies must refer children under age five who are known to
need or suspected of needing special instruction and services to
the school district. Districts with less than the minimum
number of eligible children with a disability as determined by
the state board must cooperate with other districts to maintain
a full range of programs for education and services for children
with a disability. This section does not alter the compulsory
attendance requirements of section 120A.22.
Sec. 6. Minnesota Statutes 1998, section 125A.07, is
amended to read:
125A.07 [RULES OF STATE BOARD.]
(a) As defined in this paragraph, but not to exceed the
extent required by federal law as of July 1, 1999, the state
board must adopt rules relative to qualifications of essential
personnel, courses of study, methods of instruction, pupil
eligibility, size of classes, rooms, equipment, supervision,
parent consultation, and other necessary rules for instruction
of children with a disability. These rules must provide
standards and procedures appropriate for the implementation of
and within the limitations of sections 125A.08 and 125A.09.
These rules must also provide standards for the discipline,
control, management, and protection of children with a
disability. The state board must not adopt rules for pupils
served primarily in the regular classroom establishing either
case loads or the maximum number of pupils that may be assigned
to special education teachers. The state board, in consultation
with the departments of health and human services, must adopt
permanent rules for instruction and services for children under
age five and their families. These rules are binding on state
and local education, health, and human services agencies. The
state board must adopt rules to determine eligibility for
special education services. The rules must include procedures
and standards by which to grant variances for experimental
eligibility criteria. The state board must, according to
section 14.05, subdivision 4, notify a district applying for a
variance from the rules within 45 calendar days of receiving the
request whether the request for the variance has been granted or
denied. If a request is denied, the board must specify the
program standards used to evaluate the request and the reasons
for denying the request.
(b) As provided in this paragraph, but not to exceed the
extent required by federal law as of July 1, 1999, the state's
regulatory scheme should support schools by assuring that all
state special education rules adopted by the state board result
in one or more of the following outcomes:
(1) increased time available to teachers and, where
appropriate, to support staff including school nurses for
educating students through direct and indirect instruction;
(2) consistent and uniform access to effective education
programs for students with disabilities throughout the state;
(3) reduced inequalities and conflict, appropriate due
process hearing procedures and reduced court actions related to
the delivery of special education instruction and services for
students with disabilities;
(4) clear expectations for service providers and for
students with disabilities;
(5) increased accountability for all individuals and
agencies that provide instruction and other services to students
with disabilities;
(6) greater focus for the state and local resources
dedicated to educating students with disabilities; and
(7) clearer standards for evaluating the effectiveness of
education and support services for students with disabilities.
Sec. 7. Minnesota Statutes 1998, section 125A.08, is
amended to read:
125A.08 [SCHOOL DISTRICT OBLIGATIONS.]
(a) As defined in this section, to the extent required by
federal law as of July 1, 1999, every district must ensure the
following:
(1) all students with disabilities are provided the special
instruction and services which are appropriate to their needs.
Where the individual education plan team has determined
appropriate goals and objectives based on the student's needs,
including the extent to which the student can be included in the
least restrictive environment, and where there are essentially
equivalent and effective instruction, related services, or
assistive technology devices available to meet the student's
needs, cost to the district may be among the factors considered
by the team in choosing how to provide the appropriate services,
instruction, or devices that are to be made part of the
student's individual education plan. The student's needs and
the special education instruction and services to be provided
must be agreed upon through the development of an individual
education plan. The plan must address the student's need to
develop skills to live and work as independently as possible
within the community. By grade 9 or age 14, the plan must
address the student's needs for transition from secondary
services to post-secondary education and training, employment,
community participation, recreation, and leisure and home
living. In developing the plan, districts must inform parents
of the full range of transitional goals and related services
that should be considered. The plan must include a statement of
the needed transition services, including a statement of the
interagency responsibilities or linkages or both before
secondary services are concluded;
(2) children with a disability under age five and their
families are provided special instruction and services
appropriate to the child's level of functioning and needs;
(3) children with a disability and their parents or
guardians are guaranteed procedural safeguards and the right to
participate in decisions involving identification, assessment
including assistive technology assessment, and educational
placement of children with a disability;
(4) eligibility and needs of children with a disability are
determined by an initial assessment or reassessment, which may
be completed using existing data under United States Code, title
20, section 33, et seq.;
(5) to the maximum extent appropriate, children with a
disability, including those in public or private institutions or
other care facilities, are educated with children who are not
disabled, and that special classes, separate schooling, or other
removal of children with a disability from the regular
educational environment occurs only when and to the extent that
the nature or severity of the disability is such that education
in regular classes with the use of supplementary services cannot
be achieved satisfactorily;
(6) in accordance with recognized professional standards,
testing and evaluation materials, and procedures used for the
purposes of classification and placement of children with a
disability are selected and administered so as not to be
racially or culturally discriminatory; and
(7) the rights of the child are protected when the parents
or guardians are not known or not available, or the child is a
ward of the state.
(b) For paraprofessionals employed to work in programs for
students with disabilities, the school board in each district
shall ensure that:
(1) before or immediately upon employment, each
paraprofessional develops sufficient knowledge and skills in
emergency procedures, building orientation, roles and
responsibilities, confidentiality, vulnerability, and
reportability, among other things, to begin meeting the needs of
the students with whom the paraprofessional works;
(2) annual training opportunities are available to enable
the paraprofessional to continue to further develop the
knowledge and skills that are specific to the students with whom
the paraprofessional works, including understanding
disabilities, following lesson plans, and implementing follow-up
instructional procedures and activities; and
(3) a districtwide process obligates each paraprofessional
to work under the ongoing direction of a licensed teacher and,
where appropriate and possible, the supervision of a school
nurse.
Sec. 8. Minnesota Statutes 1998, section 125A.09,
subdivision 1, is amended to read:
Subdivision 1. [DISTRICT OBLIGATION.] As defined in this
section, but not to exceed the extent required by federal law as
of July 1, 1999, every district must use the following
procedures for decisions involving identification, assessment,
and educational placement of children with a disability.
Sec. 9. Minnesota Statutes 1998, section 125A.09,
subdivision 6, is amended to read:
Subd. 6. [IMPARTIAL DUE PROCESS HEARING.] Parents,
guardians, and the district must have an opportunity to obtain
an impartial due process hearing initiated and conducted by and
in the district responsible for assuring that an appropriate
program is provided in accordance with state board rules, if the
parent or guardian continues to object to:
(1) a proposed formal educational assessment or proposed
denial of a formal educational assessment of their child;
(2) the proposed placement of their child in, or transfer
of their child to a special education program;
(3) the proposed denial of placement of their child in a
special education program or the transfer of their child from a
special education program;
(4) the proposed provision or addition of special education
services for their child; or
(5) the proposed denial or removal of special education
services for their child.
A hearing officer may limit an impartial due process
hearing to an amount of time sufficient for each party to
present its case. The party requesting the hearing shall plead
with specificity as to what issues are in dispute and all issues
not pleaded with specificity are deemed waived. Parties must
limit evidence to the issues specifically pleaded. A hearing
officer, at the officer's discretion, may exclude cumulative
evidence or may encourage parties to present only essential
witnesses.
Within five business days after the request for a hearing,
or as directed by the hearing officer, the objecting party must
provide the other party with a brief written statement of
particulars of the objection, the reasons for the objection, and
the specific remedies sought. The other party shall provide the
objecting party with a written response to the statement of
objections within five business days of receipt of the statement.
The hearing must take place before an impartial hearing
officer mutually agreed to by the school board and the parent or
guardian. Within four three business days of the receipt of the
request for the hearing, if the parties have not agreed on the
hearing officer, the board must request the commissioner to
appoint a hearing officer from a list maintained for that
purpose. If the parties have not agreed upon a hearing officer,
and the board has not requested that a hearing officer be
appointed by the commissioner within four business days after
the receipt of the request, the commissioner shall appoint a
hearing officer upon the request of either party. A retired
judge, retired court referee, or retired federal magistrate
judge who is otherwise qualified under this section and wishes
to be a hearing officer may be put on the list. The board must
include with the request the name of the person requesting the
hearing, the name of the student, the attorneys involved, if
any, and the date the hearing request was received. The hearing
officer must not be a board member or employee of the district
where the child resides or of the child's district of residence,
an employee of any other public agency involved in the education
or care of the child, or any person with a personal or
professional interest that would conflict with the person's
objectivity at the hearing. A person who otherwise qualifies as
a hearing officer is not an employee of the district solely
because the person is paid by the district to serve as a hearing
officer. Any party to a hearing, except an expedited hearing
under federal law, may make and serve upon the opposing party
and the commissioner a notice to remove a hearing officer
appointed by the commissioner. The notice shall be served and
filed within two business days after the party receives notice
of the appointment of the hearing officer by the commissioner.
No such notice may be filed by a party against a hearing
officer who has presided at a motion or any other proceeding of
which the party had notice. A hearing officer who has presided
at a motion or other proceeding may not be removed except upon
an affirmative showing of prejudice on the part of the hearing
officer.
After the party has once disqualified a hearing officer as
a matter of right, that party may disqualify the substitute
hearing officer only by making an affirmative showing of
prejudice or bias to the commissioner, or to the chief
administrative law judge if the hearing officer is an
administrative law judge.
Upon the filing of a notice to remove or if a party makes
an affirmative showing of prejudice against a substitute hearing
officer, the commissioner shall assign any other hearing officer
to hear the matter.
If the hearing officer requests an independent educational
assessment of a child, the cost of the assessment must be at
district expense. The proceedings must be recorded and
preserved, at the expense of the school district, pending
ultimate disposition of the action.
Sec. 10. Minnesota Statutes 1998, section 125A.10, is
amended to read:
125A.10 [COORDINATING INTERAGENCY SERVICES.]
If at the time of initial referral for an educational
assessment, or a reassessment, the district determines that a
child with disabilities who is age 3 through 21 may be eligible
for interagency services, the district may request that the
county of residence provide a representative to the initial
assessment or reassessment team meeting or the first individual
education plan team meeting following the assessment or
reassessment. The district may request to have a county
representative attend other individual education plan team
meetings when it is necessary to facilitate coordination between
district and county provided services. Upon request from a
district, the resident county shall provide a representative to
assist the individual education plan team in determining the
child's eligibility for existing health, mental health, or other
support services administered or provided by the county. The
individual education plan team and the county representative
must develop an interagency plan of care for an eligible child
and the child's family to coordinate services required under the
child's individual education plan with county services. The
interagency plan of care must include appropriate family
information with the consent of the family, a description of how
services will be coordinated between the district and county, a
description of service coordinator responsibilities and
services, and a description of activities for obtaining
third-party payment for eligible services, including medical
assistance payments. Any state, county, or city government
agency responsible for providing services or resources to
students with disabilities under this section is subject to the
same dispute resolution systems as local school districts, and
all such agencies must comply with corrective action
requirements that ensue from these systems.
Sec. 11. Minnesota Statutes 1998, section 125A.18, is
amended to read:
125A.18 [SPECIAL INSTRUCTION; NONPUBLIC SCHOOLS.]
No resident of a district who is eligible for special
instruction and services under this section may be denied
instruction and service on a shared time basis consistent with
section 126C.19, subdivision 4, because of attending a nonpublic
school defined in section 123B.41, subdivision 9. If a resident
pupil with a disability attends a nonpublic school located
within the district of residence, the district must provide
necessary transportation for that pupil within the district
between the nonpublic school and the educational facility where
special instruction and services are provided on a shared time
basis. If a resident pupil with a disability attends a
nonpublic school located in another district and if no agreement
exists under section 126C.19, subdivision 1 or 2, for providing
special instruction and services on a shared time basis to that
pupil by the district of attendance and where the special
instruction and services are provided within the district of
residence, the district of residence must provide necessary
transportation for that pupil between the boundary of the
district of residence and the educational facility. The
district of residence may provide necessary transportation for
that pupil between its boundary and the nonpublic school
attended, but the nonpublic school must pay the cost of
transportation provided outside the district boundary.
Parties serving students on a shared time basis have access
to the due process hearing system described under United States
Code, title 20, and the complaint system under Code of Federal
Regulations, title 34, section 300.660-662. In the event it is
determined under these systems that the nonpublic school or
staff impeded the public school district's provision of a free
appropriate education, the commissioner may withhold public
funds available to the nonpublic school proportionally
applicable to that student under section 123B.42.
Sec. 12. Minnesota Statutes 1998, section 125A.21,
subdivision 2, is amended to read:
Subd. 2. [THIRD PARTY REIMBURSEMENT.] Beginning July
1, 1999 2000, districts shall seek reimbursement from insurers
and similar third parties for the cost of services provided by
the district whenever the services provided by the district are
otherwise covered by the child's health coverage. Districts
shall request, but may not require, the child's family to
provide information about the child's health coverage when a
child with a disability begins to receive services from the
district of a type that may be reimbursable, and shall request,
but may not require, updated information after that as needed.
Districts shall request, but may not require, the child's parent
or legal representative to sign a consent form, permitting the
school district to apply for and receive reimbursement directly
from the insurer or other similar third party, to the extent
permitted by the insurer or other third party and subject to
their networking credentialing, prior authorization, and
determination of medical necessity criteria.
Sec. 13. Minnesota Statutes 1998, section 125A.24, is
amended to read:
125A.24 [PARENT ADVISORY COMMITTEES COUNCILS.]
Provisions of Minnesota Rules, part 3525.1100, regarding
parent advisory committees apply to local boards or cooperative
boards carrying out the provisions of this section. In order to
increase the involvement of parents of children with
disabilities in district policymaking and decision making,
school districts must have a special education advisory council
that is incorporated into the district's special education
system plan.
(1) This advisory council may be established either for
individual districts or in cooperation with other districts who
are members of the same special education cooperative.
(2) A district may set up this council as a subgroup of an
existing board, council, or committee.
(3) At least half of the designated council members must be
parents of students with a disability. The number of members,
frequency of meetings, and operational procedures are to be
locally determined.
Sec. 14. Minnesota Statutes 1998, section 125A.30, is
amended to read:
125A.30 [INTERAGENCY EARLY INTERVENTION COMMITTEES.]
(a) A school district, group of districts, or special
education cooperative, in cooperation with the health and human
service agencies located in the county or counties in which the
district or cooperative is located, must establish an
interagency early intervention committee for children with
disabilities under age five and their families under this
section, and for children with disabilities ages three to 22
consistent with the requirements under sections 125A.023 and
125A.027. Committees must include representatives of local and
regional health, education, and county human service agencies,
county boards, school boards, early childhood family education
programs, parents of young children with disabilities under age
12, current service providers, and may also include
representatives from other private or public agencies and school
nurses. The committee must elect a chair from among its members
and must meet at least quarterly.
(b) The committee must develop and implement interagency
policies and procedures concerning the following ongoing duties:
(1) develop public awareness systems designed to inform
potential recipient families of available programs and services;
(2) implement interagency child find systems designed to
actively seek out, identify, and refer infants and young
children with, or at risk of, disabilities and their families;
(3) establish and evaluate the identification, referral,
child and family assessment systems, procedural safeguard
process, and community learning systems to recommend, where
necessary, alterations and improvements;
(4) assure the development of individualized family service
plans for all eligible infants and toddlers with disabilities
from birth through age two, and their families, and individual
education plans and individual service plans when necessary to
appropriately serve children with disabilities, age three and
older, and their families and recommend assignment of financial
responsibilities to the appropriate agencies;
(5) encourage agencies to develop individual family service
plans for children with disabilities, age three and older;
(6) implement a process for assuring that services involve
cooperating agencies at all steps leading to individualized
programs;
(7) facilitate the development of a transitional plan if a
service provider is not recommended to continue to provide
services;
(8) identify the current services and funding being
provided within the community for children with disabilities
under age five and their families;
(9) develop a plan for the allocation and expenditure of
additional state and federal early intervention funds under
United States Code, title 20, section 1471 et seq. (Part H,
Public Law Number 102-119) and United States Code, title 20,
section 631, et seq. (Chapter I, Public Law Number 89-313); and
(10) develop a policy that is consistent with section
13.05, subdivision 9, and federal law to enable a member of an
interagency early intervention committee to allow another member
access to data classified as not public.
(c) The local committee shall also:
(1) participate in needs assessments and program planning
activities conducted by local social service, health and
education agencies for young children with disabilities and
their families; and
(2) review and comment on the early intervention section of
the total special education system for the district, the county
social service plan, the section or sections of the community
health services plan that address needs of and service
activities targeted to children with special health care needs,
and the section of the maternal and child health special project
grants that address needs of and service activities targeted to
children with chronic illness and disabilities; and.
(3) prepare a yearly summary on the progress of the
community in serving young children with disabilities, and their
families, including the expenditure of funds.
(d) The summary must be organized following a format
prescribed by the commissioner of the state lead agency and must
be submitted to each of the local agencies and to the state
interagency coordinating council by October 1 of each year.
The departments of children, families, and learning,
health, and human services must provide assistance to the local
agencies in developing cooperative plans for providing services.
Sec. 15. Minnesota Statutes 1998, section 125A.33, is
amended to read:
125A.33 [SERVICE COORDINATION.]
(a) The team developing the IFSP under section 125A.32 must
select a service coordinator to carry out service coordination
activities on an interagency basis. Service coordination must
actively promote a family's capacity and competency to identify,
obtain, coordinate, monitor, and evaluate resources and services
to meet the family's needs. Service coordination activities
include:
(1) coordinating the performance of evaluations and
assessments;
(2) facilitating and participating in the development,
review, and evaluation of individualized family service plans;
(3) assisting families in identifying available service
providers;
(4) coordinating and monitoring the delivery of available
services;
(5) informing families of the availability of advocacy
services;
(6) coordinating with medical, health, and other service
providers;
(7) facilitating the development of a transition plan at
least six months 90 days before the time the child is no longer
eligible for early intervention services, if appropriate;
(8) managing the early intervention record and submitting
additional information to the local primary agency at the time
of periodic review and annual evaluations; and
(9) notifying a local primary agency when disputes between
agencies impact service delivery required by an IFSP.
(b) A service coordinator must be knowledgeable about
children and families receiving services under this section,
requirements of state and federal law, and services available in
the interagency early childhood intervention system.
Sec. 16. Minnesota Statutes 1998, section 125A.44, is
amended to read:
125A.44 [COMPLAINT PROCEDURE.]
(a) An individual or organization may file a written signed
complaint with the commissioner of the state lead agency
alleging that one or more requirements of the Code of Federal
Regulations, title 34, part 303, is not being met. The
complaint must include:
(1) a statement that the state has violated the Individuals
with Disabilities Education Act, United States Code, title 20,
section 1471 et seq. (Part H, Public Law Number 102-119) or Code
of Federal Regulations, title 34, section 303; and
(2) the facts on which the complaint is based.
(b) The commissioner of the state lead agency shall receive
and coordinate with other state agencies the review and
resolution of a complaint within 60 calendar days according to
the state interagency agreement required under section 125A.48.
The development and disposition of corrective action orders for
nonschool agencies shall be determined by the State Agency
Committee (SAC). Failure to comply with corrective orders may
result in fiscal actions or other measures.
Sec. 17. Minnesota Statutes 1998, section 125A.52,
subdivision 1, is amended to read:
Subdivision 1. [EDUCATIONAL SCREENING.] Secure and
nonsecure residential treatment facilities licensed by the
department of human services or the department of corrections
must screen each juvenile who is held in a facility for at least
72 hours, excluding weekends or holidays, using an educational
screening tool identified by the department, unless the facility
determines that the juvenile has a current individual education
plan and obtains a copy of it. The department must develop or
identify an education screening tool for use in residential
facilities. The tool must include a life skills development
component.
Sec. 18. Minnesota Statutes 1998, section 125A.75,
subdivision 8, is amended to read:
Subd. 8. [LITIGATION AND HEARING COSTS.] (a) For fiscal
year 1999 and thereafter, the commissioner of children,
families, and learning, or the commissioner's designee, shall
use state funds to pay school districts for the administrative
costs of a due process hearing incurred under section 125A.09,
subdivisions 6, 10, and 11, including hearing officer fees,
court reporter fees, mileage costs, transcript
costs, interpreter and transliterator fees, independent
evaluations ordered by the hearing officer, and rental of
hearing rooms, but not including district attorney fees. To
receive state aid under this paragraph, a school district shall
submit to the commissioner at the end of the school year an
itemized list of unreimbursed actual costs for fees and other
expenses under this paragraph. State funds used for aid to
school districts under this paragraph shall be based on the
unreimbursed actual costs and fees submitted by a district from
previous school years.
(b) For fiscal year 1999 and thereafter, a school district,
to the extent to which it prevails under United States Code,
title 20, section 1415(i)(3)(B)(D) and Rule 68 of the Federal
Rules of Civil Procedure, shall receive state aid equal to 50
percent of the total actual cost of attorney fees incurred after
a request for a due process hearing under section 125A.09,
subdivisions 6, 9, and 11, is served upon the parties. A
district is eligible for reimbursement for attorney fees under
this paragraph only if:
(1) a court of competent jurisdiction determines that the
parent is not the prevailing party under United States Code,
title 20, section 1415(i)(3)(B)(D), or the parties stipulate
that the parent is not the prevailing party;
(2) the district has made a good faith effort to resolve
the dispute through mediation, but the obligation to mediate
does not compel the district to agree to a proposal or make a
concession; and
(3) the district made an offer of settlement under Rule 68
of the Federal Rules of Civil Procedure.
To receive aid, a school district that meets the criteria
of this paragraph shall submit to the commissioner at the end of
the school year an itemized list of unreimbursed actual attorney
fees associated with a due process hearing under section
125A.09, subdivisions 6, 9, and 11. Aid under this paragraph
for each school district is based on unreimbursed actual
attorney fees submitted by the district from previous school
years.
(c) For fiscal year 1999 and thereafter, a school district
is eligible to receive state aid for 50 percent of the total
actual cost of attorney fees it incurs in appealing to a court
of competent jurisdiction the findings, conclusions, and order
of a due process hearing under section 125A.09, subdivisions 6,
9, and 11. The district is eligible for reimbursement under
this paragraph only if the commissioner authorizes the
reimbursement after evaluating the merits of the case. In a
case where the commissioner is a named party in the litigation,
the commissioner of the bureau of mediation services shall make
the determination regarding reimbursement. The commissioner's
decision is final.
(d) The commissioner shall provide districts with a form on
which to annually report litigation costs under this section and
shall base aid estimates on those reports.
Sec. 19. [SPECIAL EDUCATION RULES.]
Beginning no later than July 1, 1999, the commissioner
shall amend Minnesota Rules, chapter 3525, for special education
using the expedited process under Minnesota Statutes 1998,
section 14.389. In addition to technical changes, corrections,
clarifications, and similarly needed revisions, specific rules
shall be modified or repealed as indicated below:
(1) repeal Minnesota Rules, part 3525.0200, subpart 6a, on
definition of IEP;
(2) repeal Minnesota Rules, part 3525.0200, subpart 11a, on
definition of parent;
(3) amend Minnesota Rules, part 3525.0750, to include
children enrolled in nonpublic schools for child find purposes;
(4) amend Minnesota Rules, part 3525.0800, subpart 8, on
district responsibility for choice options in accordance with
legislation;
(5) amend Minnesota Rules, part 3525.0800, subpart 9, on
district responsibility for upper age limit in accordance with
legislation;
(6) repeal Minnesota Rules, part 3525.1150;
(7) amend Minnesota Rules, part 3525.1310, to add program
coordination and due process facilitation to list of
reimbursable activities;
(8) amend Minnesota Rules, part 3525.1325, to revise
eligibility criteria for autism to reflect professional
standards;
(9) amend Minnesota Rules, part 3525.1327, to make minor
revisions necessary to update eligibility criteria for
deaf-blindness;
(10) amend Minnesota Rules, part 3525.1331, to make minor
revisions necessary to update eligibility criteria for deaf and
hard-of-hearing;
(11) amend Minnesota Rules, part 3525.1333, to revise
eligibility criteria for cognitive impairment to reflect
professional standards;
(12) amend Minnesota Rules, part 3525.1335, to revise
eligibility criteria for other health-impaired to reflect
professional standards;
(13) amend Minnesota Rules, part 3525.1337, to make minor
revisions necessary to update eligibility criteria for physical
impairment;
(14) amend Minnesota Rules, part 3525.1341, to make minor
revisions necessary to update eligibility criteria for specific
learning disability;
(15) amend Minnesota Rules, part 3525.1343, to make minor
revisions necessary to update eligibility criteria for speech
and language impairments;
(16) amend Minnesota Rules, part 3525.1345, to make minor
revisions necessary to update eligibility criteria for blind and
vision impaired;
(17) amend Minnesota Rules, part 3525.1350, to make minor
revisions necessary to update eligibility criteria for early
childhood: special education;
(18) amend Minnesota Rules, part 3525.1352, to make minor
revisions necessary to update eligibility criteria for
developmental adapted physical education: special education;
(19) amend Minnesota Rules, part 3525.1354, to repeal
subpart 2 to drop documentation requirement on override
decisions;
(20) repeal Minnesota Rules, part 3525.1356, on exit
procedures;
(21) amend Minnesota Rules, part 3525.2335, to make minor
revisions to update standards for early childhood program
options, and repeal subpart 2, item C;
(22) amend Minnesota Rules, part 3525.2340, to revise
caseload standard for young children to clarify how caseload is
determined and to reflect supervision and safety needs of very
small children in various settings;
(23) amend Minnesota Rules, part 3525.2405, to repeal
subparts 2 and 3 on reimbursement standards for directors of
special education;
(24) repeal Minnesota Rules, part 3525.2420, on variance
request for director of special education;
(25) repeal Minnesota Rules, part 3525.2650, as duplicative
notice requirements;
(26) repeal Minnesota Rules, part 3525.3000, on periodic
reviews and documentation requirement;
(27) repeal Minnesota Rules, part 3525.3150, as duplicative
diploma requirements;
(28) repeal Minnesota Rules, part 3525.3200, as duplicative
notice requirement;
(29) amend Minnesota Rules, part 3525.3500, to repeal
duplicative notice requirements and mandate for districts to
initiate a hearing when refusing request for assessment; and
(30) amend Minnesota Rules, parts 3525.3800 to 3525.4700,
on due process hearings to make them compatible with state and
federal legislation.
The rules that must be repealed under this section remain
in effect until repealed through the rulemaking process.
Sec. 20. [SPECIAL EDUCATION RULES.]
The commissioner shall adopt rules to update Minnesota
Rules, chapter 3525, for special education. Provisions of this
chapter that exceed federal requirements are deemed valid for
the purposes of providing special instruction and services to
children with a disability. In addition to technical changes,
corrections, clarifications, and similarly needed revisions,
specific rules shall be modified or repealed as indicated below:
(1) Minnesota Rules, part 3525.0200, add definition of
caseload;
(2) revise Minnesota Rules, part 3525.0550, to update role
of IEP manager;
(3) repeal Minnesota Rules, part 3525.1100, subpart 2, item
D, on parent advisory council as duplicative;
(4) Minnesota Rules, part 3525.1329, amend eligibility
criteria for emotional or behavior disorders so that the
standards reflect severe emotional disorder and professional
standards;
(5) amend Minnesota Rules, part 3525.2325, to revise
outdated standards for students placed for care and treatment to
be compatible with related legislation;
(6) repeal Minnesota Rules, part 3525.2550, on conduct
before assessment except for subpart 2, item C;
(7) add a rule to make the responsibilities of the IEP team
for assessment, IEP development, and placement decisions
consistent with federal requirements;
(8) repeal Minnesota Rules, part 3525.2750, on educational
assessment as duplicative;
(9) repeal Minnesota Rules, part 3525.2900, on IEP
development and content except subparts 4 and 5 on regulated
interventions; and
(10) repeal Minnesota Rules, part 3525.3300, except item B,
on contents of notice as duplicative.
The rules that must be repealed under this section remain
in effect until repealed through the rulemaking process.
Sec. 21. [REPEALER.]
Laws 1998, chapter 398, article 2, section 53, and
Minnesota Rules, part 3525.2470, are repealed.
Sec. 22. [EFFECTIVE DATE.]
Sections 1, 2, 5 to 18, 20, and 21 are effective July 1,
1999, except that the requirement under section 3 to provide
special instruction and services until the child with a
disability becomes 21 years old, instead of 22 years old, is
effective July 1, 2002. Sections 3 and 4 are effective July 1,
2002. Section 19 is effective the day following final enactment.
Presented to the governor April 30, 1999
Signed by the governor May 4, 1999, 11:26 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes