1999 Minnesota Statutes

CHAPTER 125A. Special education; early childhood intervention system;

     125A.01 Definitions. 

    For purposes of this chapter, the words defined in section 
 120A.05 have the same meaning. 

    HIST: 1998 c 397 art 2 s 1; art 11 s 3 

     125A.02 Child with a disability defined. 

    Subdivision 1.    Child with a disability.  Every child 
 who has a hearing impairment, visual disability, speech or 
 language impairment, physical handicap, other health impairment, 
 mental handicap, emotional/behavioral disorder, specific 
 learning disability, autism, traumatic brain injury, multiple 
 disabilities, or deaf/blind disability and needs special 
 instruction and services, as determined by the standards of the 
 commissioner, is a child with a disability.  In addition, every 
 child under age three, and at local district discretion from age 
 three to age seven, who needs special instruction and services, 
 as determined by the standards of the commissioner, because the 
 child has a substantial delay or has an identifiable physical or 
 mental condition known to hinder normal development is a child 
 with a disability. 

    Subd. 2.    Not a child with a disability.  A child with 
 a short-term or temporary physical or emotional illness or 
 disability, as determined by the standards of the commissioner, 
 is not a child with a disability.  

    HIST: Ex1959 c 71 art 1 s 3; 1969 c 981 s 1; 1975 c 432 s 7; 
 1981 c 358 art 3 s 1; 1Sp1985 c 12 art 3 s 1; 1987 c 398 art 3 s 
 1; 1991 c 265 art 3 s 38; 1998 c 397 art 2 s 164; 1998 c 398 art 
 2 s 1; art 5 s 55 

     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 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 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 260.91; 260B.001 to 260B.446; and 260C.001 to 
 260C.451; 

    (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 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 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 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 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 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 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. 

    HIST: 1997 c 397 art 11 s 3; 1998 c 398 art 3 s 2; 1999 c 123 
 s 3; 1999 c 139 art 4 s 2 

     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 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 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 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 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 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 21 become eligible. 

    HIST: 1998 c 397 art 11 s 3; 1998 c 398 art 3 s 3; 1999 c 123 
 s 4 

*   NOTE:  The amendment to this section by Laws 1999, chapter 
*123, section 4, is effective July 1, 2002.  Laws 1999, chapter 
*123, section 22.

     125A.03 Special instruction for children with a 
  disability. 

    (a) As defined in paragraph (b), 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 July 1 after the child with a disability becomes 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 
 commissioner 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. 

    HIST: Ex1959 c 71 art 1 s 17; 1961 c 559 s 2; 1961 c 690 s 1; 
 1965 c 241 s 1-3; 1967 c 872 s 1; 1969 c 981 s 2-5; 1971 c 689 s 
 1-3; 1973 c 683 s 1,2; 1975 c 162 s 41; 1975 c 321 s 2; 1975 c 
 432 s 8-10; 1976 c 211 s 1-6; 1976 c 271 s 13-18; 1977 c 447 art 
 3 s 1-4; 1977 c 449 s 12; 1978 c 733 s 1; 1978 c 764 s 3-5; 1978 
 c 793 s 61; 1979 c 334 art 2 s 1,2; art 3 s 2,3; 1980 c 509 s 
 30; 1981 c 358 art 1 s 1; art 3 s 2-7; 1982 c 424 s 28,29,130; 
 1982 c 548 art 3 s 1-3; 1983 c 247 s 55; 1983 c 258 s 13; 1983 c 
 314 art 1 s 22; art 3 s 1; 1984 c 463 art 3 s 1; 1984 c 654 art 
 5 s 58; 1Sp1985 c 12 art 3 s 2-8; 1986 c 444; 1987 c 384 art 2 s 
 24; 1987 c 398 art 3 s 2-14; 1988 c 486 s 2-5; 1988 c 629 s 24; 
 1988 c 718 art 3 s 1; art 6 s 2; 1989 c 209 art 2 s 1; 1989 c 
 329 art 3 s 1-3; 1991 c 265 art 3 s 1,2,38; art 11 s 1; 1991 c 
 292 art 6 s 58 subd 2; 1992 c 499 art 3 s 1-7; art 11 s 1; 1993 
 c 224 art 3 s 1-9; art 14 s 3; 1994 c 483 s 1; 1994 c 647 art 3 
 s 2-8,34; 1Sp1995 c 3 art 3 s 1-3; art 16 s 13; 1996 c 412 art 2 
 s 1,2; art 3 s 1-3; 1998 c 397 art 2 s 22-41,164; art 11 s 3; 
 1998 c 398 art 2 s 6-14; art 6 s 1; 1998 c 398 art 5 s 55; 1999 
 c 123 s 5 

*   NOTE:  The amendment to this section by Laws 1999, chapter 123, 
*section 5, requiring the provision of special instruction and services 
*until the child with a disability becomes 21 years old instead of 22 
*years old is effective July 1, 2002.  Laws 1999, chapter 123, section 
*22, as amended by Laws 1999, chapter 241, article 2, section 57.

     125A.04 High school diploma. 

    Upon completion of secondary school or the equivalent, a 
 pupil with a disability who satisfactorily attains the 
 objectives in the pupil's individual education plan must be 
 granted a high school diploma that is identical to the diploma 
 granted to a pupil without a disability.  

    HIST: Ex1959 c 71 art 1 s 17; 1961 c 559 s 2; 1961 c 690 s 1; 
 1965 c 241 s 1-3; 1967 c 872 s 1; 1969 c 981 s 2-5; 1971 c 689 s 
 1-3; 1973 c 683 s 1,2; 1975 c 162 s 41; 1975 c 321 s 2; 1975 c 
 432 s 8-10; 1976 c 211 s 1-6; 1976 c 271 s 13-18; 1977 c 447 art 
 3 s 1-4; 1977 c 449 s 12; 1978 c 733 s 1; 1978 c 764 s 3-5; 1978 
 c 793 s 61; 1979 c 334 art 2 s 1,2; art 3 s 2,3; 1980 c 509 s 
 30; 1981 c 358 art 1 s 1; art 3 s 2-7; 1982 c 424 s 28,29,130; 
 1982 c 548 art 3 s 1-3; 1983 c 247 s 55; 1983 c 258 s 13; 1983 c 
 314 art 1 s 22; art 3 s 1; 1984 c 463 art 3 s 1; 1984 c 654 art 
 5 s 58; 1Sp1985 c 12 art 3 s 2-8; 1986 c 444; 1987 c 384 art 2 s 
 24; 1987 c 398 art 3 s 2-14; 1988 c 486 s 2-5; 1988 c 629 s 24; 
 1988 c 718 art 3 s 1; art 6 s 2; 1989 c 209 art 2 s 1; 1989 c 
 329 art 3 s 1-3; 1991 c 265 art 3 s 1,2,38; art 11 s 1; 1991 c 
 292 art 6 s 58 subd 2; 1992 c 499 art 3 s 1-7; art 11 s 1; 1993 
 c 224 art 3 s 1-9; art 14 s 3; 1994 c 483 s 1; 1994 c 647 art 3 
 s 2-8,34; 1Sp1995 c 3 art 3 s 1-3; art 16 s 13; 1996 c 412 art 2 
 s 1,2; art 3 s 1-3; 1998 c 397 art 2 s 22-41,164; art 11 s 3; 
 1998 c 398 art 2 s 6-14; art 6 s 1 

     125A.05 Method of special instruction.  

    (a) As defined in this subdivision, to the extent required 
 by federal law as of July 1, 1999, special instruction and 
 services for children with a disability must be based on the 
 assessment and individual education plan.  The instruction and 
 services may be provided by one or more of the following methods:

    (1) in connection with attending regular elementary and 
 secondary school classes; 

    (2) establishment of special classes; 

    (3) at the home or bedside of the child; 

    (4) in other districts; 

    (5) instruction and services by special education 
 cooperative centers established under this section, or in 
 another member district of the cooperative center to which the 
 resident district of the child with a disability belongs; 

    (6) in a state residential school or a school department of 
 a state institution approved by the commissioner; 

    (7) in other states; 

    (8) by contracting with public, private or voluntary 
 agencies; 

    (9) for children under age five and their families, 
 programs and services established through collaborative efforts 
 with other agencies; 

    (10) for children under age five and their families, 
 programs in which children with a disability are served with 
 children without a disability; and 

    (11) any other method approved by the commissioner. 

    (b) Preference shall be given to providing special 
 instruction and services to children under age three and their 
 families in the residence of the child with the parent or 
 primary caregiver, or both, present. 

    (c) The primary responsibility for the education of a child 
 with a disability must remain with the district of the child's 
 residence regardless of which method of providing special 
 instruction and services is used.  If a district other than a 
 child's district of residence provides special instruction and 
 services to the child, then the district providing the special 
 instruction and services must notify the child's district of 
 residence before the child's individual education plan is 
 developed and must provide the district of residence an 
 opportunity to participate in the plan's development.  The 
 district of residence must inform the parents of the child about 
 the methods of instruction that are available. 

    HIST: Ex1959 c 71 art 1 s 17; 1961 c 559 s 2; 1961 c 690 s 1; 
 1965 c 241 s 1-3; 1967 c 872 s 1; 1969 c 981 s 2-5; 1971 c 689 s 
 1-3; 1973 c 683 s 1,2; 1975 c 162 s 41; 1975 c 321 s 2; 1975 c 
 432 s 8-10; 1976 c 211 s 1-6; 1976 c 271 s 13-18; 1977 c 447 art 
 3 s 1-4; 1977 c 449 s 12; 1978 c 733 s 1; 1978 c 764 s 3-5; 1978 
 c 793 s 61; 1979 c 334 art 2 s 1,2; art 3 s 2,3; 1980 c 509 s 
 30; 1981 c 358 art 1 s 1; art 3 s 2-7; 1982 c 424 s 28,29,130; 
 1982 c 548 art 3 s 1-3; 1983 c 247 s 55; 1983 c 258 s 13; 1983 c 
 314 art 1 s 22; art 3 s 1; 1984 c 463 art 3 s 1; 1984 c 654 art 
 5 s 58; 1Sp1985 c 12 art 3 s 2-8; 1986 c 444; 1987 c 384 art 2 s 
 24; 1987 c 398 art 3 s 2-14; 1988 c 486 s 2-5; 1988 c 629 s 24; 
 1988 c 718 art 3 s 1; art 6 s 2; 1989 c 209 art 2 s 1; 1989 c 
 329 art 3 s 1-3; 1991 c 265 art 3 s 1,2,38; art 11 s 1; 1991 c 
 292 art 6 s 58 subd 2; 1992 c 499 art 3 s 1-7; art 11 s 1; 1993 
 c 224 art 3 s 1-9; art 14 s 3; 1994 c 483 s 1; 1994 c 647 art 3 
 s 2-8,34; 1Sp1995 c 3 art 3 s 1-3; art 16 s 13; 1996 c 412 art 2 
 s 1,2; art 3 s 1-3; 1998 c 397 art 2 s 22-41,164; art 11 s 3; 
 1998 c 398 art 2 s 6-14; art 6 s 1 

     125A.06 Blind persons' literary rights. 

    (a) Paragraphs (b) to (f) may be cited as the "Blind 
 Persons' Literacy Rights and Education Act." 

    (b) The following definitions apply to paragraphs (c) to 
 (f). 

    "Blind student" means an individual who is eligible for 
 special educational services and who: 

    (1) has a visual acuity of 20/200 or less in the better eye 
 with correcting lenses or has a limited field of vision such 
 that the widest diameter subtends an angular distance of no 
 greater than 20 degrees; or 

    (2) has a medically indicated expectation of visual 
 deterioration. 

    "Braille" means the system of reading and writing through 
 touch commonly known as standard English Braille.  

    (c) In developing an individualized education plan for each 
 blind student the presumption must be that proficiency in 
 Braille reading and writing is essential for the student to 
 achieve satisfactory educational progress.  The assessment 
 required for each student must include a Braille skills 
 inventory, including a statement of strengths and deficits.  
 Braille instruction and use are not required by this paragraph 
 if, in the course of developing the student's individualized 
 education program, team members concur that the student's visual 
 impairment does not affect reading and writing performance 
 commensurate with ability.  This paragraph does not require the 
 exclusive use of Braille if other special education services are 
 appropriate to the student's educational needs.  The provision 
 of other appropriate services does not preclude Braille use or 
 instruction.  Instruction in Braille reading and writing must be 
 available for each blind student for whom the multidisciplinary 
 team has determined that reading and writing is appropriate. 

    (d) Instruction in Braille reading and writing must be 
 sufficient to enable each blind student to communicate 
 effectively and efficiently with the same level of proficiency 
 expected of the student's peers of comparable ability and grade 
 level.  

    (e) The student's individualized education plan must 
 specify: 

    (1) the results obtained from the assessment required under 
 paragraph (c); 

    (2) how Braille will be implemented through integration 
 with other classroom activities; 

    (3) the date on which Braille instruction will begin; 

    (4) the length of the period of instruction and the 
 frequency and duration of each instructional session; 

    (5) the level of competency in Braille reading and writing 
 to be achieved by the end of the period and the objective 
 assessment measures to be used; and 

    (6) if a decision has been made under paragraph (c) that 
 Braille instruction or use is not required for the student:  

    (i) a statement that the decision was reached after a 
 review of pertinent literature describing the educational 
 benefits of Braille instruction and use; and 

    (ii) a specification of the evidence used to determine that 
 the student's ability to read and write effectively without 
 Braille is not impaired. 

    (f) Instruction in Braille reading and writing is a service 
 for the purpose of special education and services under this 
 section. 

    (g) Paragraphs (b) to (f) must not be construed to 
 supersede any rights of a parent or guardian of a child with a 
 disability under federal or state law. 

    HIST: Ex1959 c 71 art 1 s 17; 1961 c 559 s 2; 1961 c 690 s 1; 
 1965 c 241 s 1-3; 1967 c 872 s 1; 1969 c 981 s 2-5; 1971 c 689 s 
 1-3; 1973 c 683 s 1,2; 1975 c 162 s 41; 1975 c 321 s 2; 1975 c 
 432 s 8-10; 1976 c 211 s 1-6; 1976 c 271 s 13-18; 1977 c 447 art 
 3 s 1-4; 1977 c 449 s 12; 1978 c 733 s 1; 1978 c 764 s 3-5; 1978 
 c 793 s 61; 1979 c 334 art 2 s 1,2; art 3 s 2,3; 1980 c 509 s 
 30; 1981 c 358 art 1 s 1; art 3 s 2-7; 1982 c 424 s 28,29,130; 
 1982 c 548 art 3 s 1-3; 1983 c 247 s 55; 1983 c 258 s 13; 1983 c 
 314 art 1 s 22; art 3 s 1; 1984 c 463 art 3 s 1; 1984 c 654 art 
 5 s 58; 1Sp1985 c 12 art 3 s 2-8; 1986 c 444; 1987 c 384 art 2 s 
 24; 1987 c 398 art 3 s 2-14; 1988 c 486 s 2-5; 1988 c 629 s 24; 
 1988 c 718 art 3 s 1; art 6 s 2; 1989 c 209 art 2 s 1; 1989 c 
 329 art 3 s 1-3; 1991 c 265 art 3 s 1,2,38; art 11 s 1; 1991 c 
 292 art 6 s 58 subd 2; 1992 c 499 art 3 s 1-7; art 11 s 1; 1993 
 c 224 art 3 s 1-9; art 14 s 3; 1994 c 483 s 1; 1994 c 647 art 3 
 s 2-8,34; 1Sp1995 c 3 art 3 s 1-3; art 16 s 13; 1996 c 412 art 2 
 s 1,2; art 3 s 1-3; 1998 c 397 art 2 s 22-41,164; art 11 s 3; 
 1998 c 398 art 2 s 6-14; art 6 s 1 

     125A.07 Rules of commissioner. 

    (a) As defined in this paragraph, the commissioner 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 
 commissioner 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 commissioner, 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 
 commissioner 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 commissioner 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 commissioner must specify 
 the program standards used to evaluate the request and the 
 reasons for denying the request.  

    (b) As provided in this paragraph, the state's regulatory 
 scheme should support schools by assuring that all state special 
 education rules adopted by the commissioner 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. 

    HIST: Ex1959 c 71 art 1 s 17; 1961 c 559 s 2; 1961 c 690 s 1; 
 1965 c 241 s 1-3; 1967 c 872 s 1; 1969 c 981 s 2-5; 1971 c 689 s 
 1-3; 1973 c 683 s 1,2; 1975 c 162 s 41; 1975 c 321 s 2; 1975 c 
 432 s 8-10; 1976 c 211 s 1-6; 1976 c 271 s 13-18; 1977 c 447 art 
 3 s 1-4; 1977 c 449 s 12; 1978 c 733 s 1; 1978 c 764 s 3-5; 1978 
 c 793 s 61; 1979 c 334 art 2 s 1,2; art 3 s 2,3; 1980 c 509 s 
 30; 1981 c 358 art 1 s 1; art 3 s 2-7; 1982 c 424 s 28,29,130; 
 1982 c 548 art 3 s 1-3; 1983 c 247 s 55; 1983 c 258 s 13; 1983 c 
 314 art 1 s 22; art 3 s 1; 1984 c 463 art 3 s 1; 1984 c 654 art 
 5 s 58; 1Sp1985 c 12 art 3 s 2-8; 1986 c 444; 1987 c 384 art 2 s 
 24; 1987 c 398 art 3 s 2-14; 1988 c 486 s 2-5; 1988 c 629 s 24; 
 1988 c 718 art 3 s 1; art 6 s 2; 1989 c 209 art 2 s 1; 1989 c 
 329 art 3 s 1-3; 1991 c 265 art 3 s 1,2,38; art 11 s 1; 1991 c 
 292 art 6 s 58 subd 2; 1992 c 499 art 3 s 1-7; art 11 s 1; 1993 
 c 224 art 3 s 1-9; art 14 s 3; 1994 c 483 s 1; 1994 c 647 art 3 
 s 2-8,34; 1Sp1995 c 3 art 3 s 1-3; art 16 s 13; 1996 c 412 art 2 
 s 1,2; art 3 s 1-3; 1998 c 397 art 2 s 22-41,164; art 11 s 3; 
 1998 c 398 art 2 s 6-14; art 6 s 1; art 5 s 55; 1999 
 c 123 s 6 

     125A.08 School district obligations. 

    (a) As defined in this section, to the extent required by 
 federal law as of July 1, 2000, 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 individual education 
 plan team shall consider and may authorize services covered by 
 medical assistance according to section 256B.0625, subdivision 
 26.  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. 

    HIST: Ex1959 c 71 art 1 s 17; 1961 c 559 s 2; 1961 c 690 s 1; 
 1965 c 241 s 1-3; 1967 c 872 s 1; 1969 c 981 s 2-5; 1971 c 689 s 
 1-3; 1973 c 683 s 1,2; 1975 c 162 s 41; 1975 c 321 s 2; 1975 c 
 432 s 8-10; 1976 c 211 s 1-6; 1976 c 271 s 13-18; 1977 c 447 art 
 3 s 1-4; 1977 c 449 s 12; 1978 c 733 s 1; 1978 c 764 s 3-5; 1978 
 c 793 s 61; 1979 c 334 art 2 s 1,2; art 3 s 2,3; 1980 c 509 s 
 30; 1981 c 358 art 1 s 1; art 3 s 2-7; 1982 c 424 s 28,29,130; 
 1982 c 548 art 3 s 1-3; 1983 c 247 s 55; 1983 c 258 s 13; 1983 c 
 314 art 1 s 22; art 3 s 1; 1984 c 463 art 3 s 1; 1984 c 654 art 
 5 s 58; 1Sp1985 c 12 art 3 s 2-8; 1986 c 444; 1987 c 384 art 2 s 
 24; 1987 c 398 art 3 s 2-14; 1988 c 486 s 2-5; 1988 c 629 s 24; 
 1988 c 718 art 3 s 1; art 6 s 2; 1989 c 209 art 2 s 1; 1989 c 
 329 art 3 s 1-3; 1991 c 265 art 3 s 1,2,38; art 11 s 1; 1991 c 
 292 art 6 s 58 subd 2; 1992 c 499 art 3 s 1-7; art 11 s 1; 1993 
 c 224 art 3 s 1-9; art 14 s 3; 1994 c 483 s 1; 1994 c 647 art 3 
 s 2-8,34; 1Sp1995 c 3 art 3 s 1-3; art 16 s 13; 1996 c 412 art 2 
 s 1,2; art 3 s 1-3; 1998 c 397 art 2 s 22-41,164; art 11 s 3; 
 1998 c 398 art 2 s 6-14; art 6 s 1; 1999 c 245 art 4 s 3 

*   NOTE:  The amendment to this section by Laws 1999, chapter 
*245, article 4, section 3, is effective July 1, 2000.  Laws 
*1999, chapter 245, article 4, section 121. 

*   NOTE:  This section was also amended by Laws 1999, chapter 
*123, section 7, to read as follows: 

*   "125A.08   School district obligations.  

*   (a) As defined in this section, 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."

     125A.09 Procedures for decisions. 

    Subdivision 1.    District obligation.  As defined in 
 this section, every district must use the following procedures 
 for decisions involving identification, assessment, and 
 educational placement of children with a disability. 

    Subd. 2.    Parent notice.  Parents and guardians must 
 receive prior written notice of:  

    (1) any proposed formal educational assessment or proposed 
 denial of a formal educational assessment of their child; 

    (2) a proposed placement of their child in, transfer from 
 or to, or denial of placement in a special education program; or 

    (3) the proposed provision, addition, denial, or removal of 
 special education services for their child. 

    Subd. 3.    Initial action; parent consent.  The 
 district must not proceed with the initial formal assessment of 
 a child, the initial placement of a child in a special education 
 program, or the initial provision of special education services 
 for a child without the prior written consent of the child's 
 parent or guardian.  The refusal of a parent or guardian to 
 consent may be overridden by the decision in a hearing held 
 pursuant to subdivision 6 at the district's initiative. 

    Subd. 4.    Dispute resolution.  Parents and guardians 
 must have an opportunity to meet with appropriate district staff 
 in at least one conciliation conference, mediation, or other 
 method of alternative dispute resolution that the parties agree 
 to, if they object to any proposal of which they are notified 
 under subdivision 1.  The state intends to encourage parties to 
 resolve disputes through mediation or other form of alternative 
 dispute resolution.  A school district and a parent or guardian 
 must participate in mediation using mediation services 
 acceptable to both parties, unless a party objects to the 
 mediation.  Mediation shall remain available to the parties 
 until a party objects to the mediation, or the mediator 
 determines that further efforts to mediate a dispute are not 
 warranted.  All mediation is subject to the confidentiality 
 requirements under rule 114.08 of the general rules of practice 
 for the district courts.  Alternative dispute resolution must 
 not be used to deny or delay a parent or guardian's right to a 
 due process hearing.  If the parent or guardian refuses efforts 
 by the district to conciliate the dispute with the district, the 
 requirement of an opportunity for conciliation or other 
 alternative dispute resolution must be deemed to be satisfied.  
 Notwithstanding other law, in any proceeding following a 
 conciliation conference, the district must not offer a 
 conciliation conference memorandum into evidence, except for any 
 portions that describe the district's final proposed offer of 
 service.  Otherwise, with respect to forms of dispute 
 resolution, mediation, or conciliation, Minnesota Rule of 
 Evidence 408 applies.  

    Subd. 5.    Mediation.  The commissioner must establish 
 a mediation process to assist parents, districts, or other 
 parties to resolve disputes arising out of the identification, 
 assessment, or educational placement of children with a 
 disability.  The mediation process must be offered as an 
 informal alternative to the due process hearing provided under 
 subdivision 6, but must not be used to deny or postpone the 
 opportunity of a parent or guardian to obtain a due process 
 hearing. 

    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 department of children, 
 families, and learning 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 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. 

    Subd. 7.    Hearing officer's decision.  The decision of 
 the hearing officer pursuant to subdivision 6 shall be rendered 
 not more than 45 calendar days from the date of the receipt of 
 the request for the hearing, except that hearing officers are 
 encouraged to accelerate the timeline to 30 days for children 
 birth through two whose needs change rapidly and require quick 
 resolution of complaints.  A hearing officer may not grant 
 specific extensions of time beyond the 45-day period unless 
 requested by either party for good cause shown on the record.  
 Good cause includes the time required for mediation under 
 subdivision 4.  The decision of the hearing officer is binding 
 on all parties unless appealed to the commissioner by the 
 parent; guardian; board of the district where the child resides 
 pursuant to subdivision 9; and also in the case of children 
 birth through two, by the county board. 

    The local decision must: 

    (1) be in writing; 

    (2) state the controlling facts upon which the decision is 
 made in sufficient detail to apprise the parties and the hearing 
 review officer of the basis and reason for the decision; and 

    (3) be based on the standards in section 125A.08 and the 
 rules of the state board. 

    Subd. 8.    Compensatory educational services.  The 
 hearing officer may require the resident school district to 
 provide compensatory educational services to the child if the 
 hearing officer finds that the school district has not offered 
 or made available to the child a free appropriate public 
 education in the child's educational program and that the child 
 has suffered a loss of educational benefit.  Such services shall 
 take the form of direct and indirect special education and 
 related services designed to address any loss of educational 
 benefit that may have occurred.  The hearing officer's finding 
 shall be based on a present determination of whether the child 
 has suffered a loss of educational benefit. 

    Subd. 9.    Appeal to the commissioner.  Any local 
 decision issued pursuant to subdivisions 6 and 7 may be appealed 
 to the commissioner within 30 calendar days of receipt of that 
 written decision, by the parent, guardian, or the board of the 
 district responsible for assuring that an appropriate program is 
 provided in accordance with state board rules.  The appealing 
 party must note the specific parts of the hearing decision being 
 appealed. 

    If the decision is appealed, a written transcript of the 
 hearing must be made by the district and provided by the 
 district to the parties involved and the hearing review officer 
 within five calendar days of the filing of the appeal.  The 
 hearing review officer must conduct an appellate review and 
 issue a final independent decision based on an impartial review 
 of the local decision and the entire record within 30 calendar 
 days after the filing of the appeal.  However, the hearing 
 review officer must seek additional evidence if necessary and 
 may afford the parties an opportunity for written or oral 
 argument.  Any hearing held to seek additional evidence must be 
 an impartial due process hearing but is deemed not to be a 
 contested case hearing for purposes of chapter 14.  The hearing 
 review officer may grant specific extensions of time beyond the 
 30-day period at the request of any party for good cause shown 
 on the record. 

    The final decision must: 

    (1) be in writing; 

    (2) include findings and conclusions; and 

    (3) be based upon the standards in section 125A.08 and in 
 the rules of the state board. 

    Subd. 10.    Appeal to state or federal court.  The 
 decision of the hearing review officer is final unless appealed 
 by the parent or guardian or board to the Minnesota court of 
 appeals or federal district court as provided by federal law.  
 State judicial review must be in accordance with chapter 14.  

    Subd. 11.    Hearing review officer's qualifications.  
 The commissioner must select an individual who has the 
 qualifications enumerated in this subdivision to serve as the 
 hearing review officer: 

    (1) the individual must be knowledgeable and impartial; 

    (2) the individual must not have a personal interest in or 
 specific involvement with the student who is a party to the 
 hearing; 

    (3) the individual must not have been employed as an 
 administrator by the district that is a party to the hearing; 

    (4) the individual must not have been involved in the 
 selection of the administrators of the district that is a party 
 to the hearing; 

    (5) the individual must not have a personal, economic, or 
 professional interest in the outcome of the hearing other than 
 the proper administration of the federal and state laws, rules, 
 and policies; 

    (6) the individual must not have substantial involvement in 
 the development of a state or local policy or procedures that 
 are challenged in the appeal; 

    (7) the individual is not a current employee or board 
 member of a Minnesota public school district, education 
 district, intermediate unit or regional education agency or the 
 department; and 

    (8) the individual is not a current employee or board 
 member of a disability advocacy organization or group. 

    Subd. 12.    Challenging the impartiality or competence of 
 a proposed hearing review officer.  In all appeals, the parent 
 or guardian of the pupil with a disability or the district that 
 is a party to the hearing may challenge the impartiality or 
 competence of the proposed hearing review officer by applying to 
 the hearing review officer. 

    Subd. 13.    Child's educational placement.  Pending the 
 completion of proceedings pursuant to this subdivision, unless 
 the district and the parent or guardian of the child agree 
 otherwise, the child must remain in the child's current 
 educational placement and must not be denied initial admission 
 to school. 

    Subd. 14.    Districts may be parties to a hearing.  The 
 child's district of residence, a resident district, and 
 providing district must receive notice of and may be a party to 
 any hearings or appeals under this section. 

    Subd. 15.    District liability.  A district is not 
 liable for harmless technical violations of this section or 
 rules implementing this section if the school district can 
 demonstrate on a case-by-case basis that the violations did not 
 harm the student's educational progress or the parent or 
 guardian's right to notice, participation, or due process. 

    Subd. 16.    Prehearing conference.  Within ten calendar 
 days after appointment, the hearing officer must schedule and 
 hold a prehearing conference.  At that conference, or later, the 
 hearing officer may take any appropriate action a court may take 
 under Rule 16 of Minnesota Rules of Civil Procedure including, 
 but not limited to, scheduling, jurisdiction, and listing 
 witnesses including expert witnesses. 

    Subd. 17.    Hearing officer is state employee.  A 
 hearing officer or hearing review officer appointed under this 
 subdivision is deemed to be an employee of the state under 
 section 3.732 for the purposes of section 3.736 only. 

    Subd. 18.    Hearing officer training.  In order to be 
 eligible for selection, hearing officers and hearing review 
 officers must participate in training and follow procedures as 
 designated by the commissioner. 

    Subd. 19.    Admissible evidence.  The hearing officer 
 may admit all evidence that possesses probative value, including 
 hearsay, if it is the type of evidence on which reasonable, 
 prudent persons are accustomed to rely in the conduct of their 
 serious affairs.  The hearing officer must give effect to the 
 rules of privilege recognized by law.  Evidence that is 
 incompetent, irrelevant, immaterial, or unduly repetitious shall 
 be excluded. 

    HIST: Ex1959 c 71 art 1 s 17; 1961 c 559 s 2; 1961 c 690 s 1; 
 1965 c 241 s 1-3; 1967 c 872 s 1; 1969 c 981 s 2-5; 1971 c 689 s 
 1-3; 1973 c 683 s 1,2; 1975 c 162 s 41; 1975 c 321 s 2; 1975 c 
 432 s 8-10; 1976 c 211 s 1-6; 1976 c 271 s 13-18; 1977 c 447 art 
 3 s 1-4; 1977 c 449 s 12; 1978 c 733 s 1; 1978 c 764 s 3-5; 1978 
 c 793 s 61; 1979 c 334 art 2 s 1,2; art 3 s 2,3; 1980 c 509 s 
 30; 1981 c 358 art 1 s 1; art 3 s 2-7; 1982 c 424 s 28,29,130; 
 1982 c 548 art 3 s 1-3; 1983 c 247 s 55; 1983 c 258 s 13; 1983 c 
 314 art 1 s 22; art 3 s 1; 1984 c 463 art 3 s 1; 1984 c 654 art 
 5 s 58; 1Sp1985 c 12 art 3 s 2-8; 1986 c 444; 1987 c 384 art 2 s 
 24; 1987 c 398 art 3 s 2-14; 1988 c 486 s 2-5; 1988 c 629 s 24; 
 1988 c 718 art 3 s 1; art 6 s 2; 1989 c 209 art 2 s 1; 1989 c 
 329 art 3 s 1-3; 1991 c 265 art 3 s 1,2,38; art 11 s 1; 1991 c 
 292 art 6 s 58 subd 2; 1992 c 499 art 3 s 1-7; art 11 s 1; 1993 
 c 224 art 3 s 1-9; art 14 s 3; 1994 c 483 s 1; 1994 c 647 art 3 
 s 2-8,34; 1Sp1995 c 3 art 3 s 1-3; art 16 s 13; 1996 c 412 art 2 
 s 1,2; art 3 s 1-3; 1998 c 397 art 2 s 22-41,164; art 11 s 3; 
 1998 c 398 art 2 s 6-14; art 5 s 55; art 6 s 1; 1999 
 c 123 s 8,9; 1999 c 241 art 2 s 13; art 9 s 29 

     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. 

    HIST: Ex1959 c 71 art 1 s 17; 1961 c 559 s 2; 1961 c 690 s 1; 
 1965 c 241 s 1-3; 1967 c 872 s 1; 1969 c 981 s 2-5; 1971 c 689 s 
 1-3; 1973 c 683 s 1,2; 1975 c 162 s 41; 1975 c 321 s 2; 1975 c 
 432 s 8-10; 1976 c 211 s 1-6; 1976 c 271 s 13-18; 1977 c 447 art 
 3 s 1-4; 1977 c 449 s 12; 1978 c 733 s 1; 1978 c 764 s 3-5; 1978 
 c 793 s 61; 1979 c 334 art 2 s 1,2; art 3 s 2,3; 1980 c 509 s 
 30; 1981 c 358 art 1 s 1; art 3 s 2-7; 1982 c 424 s 28,29,130; 
 1982 c 548 art 3 s 1-3; 1983 c 247 s 55; 1983 c 258 s 13; 1983 c 
 314 art 1 s 22; art 3 s 1; 1984 c 463 art 3 s 1; 1984 c 654 art 
 5 s 58; 1Sp1985 c 12 art 3 s 2-8; 1986 c 444; 1987 c 384 art 2 s 
 24; 1987 c 398 art 3 s 2-14; 1988 c 486 s 2-5; 1988 c 629 s 24; 
 1988 c 718 art 3 s 1; art 6 s 2; 1989 c 209 art 2 s 1; 1989 c 
 329 art 3 s 1-3; 1991 c 265 art 3 s 1,2,38; art 11 s 1; 1991 c 
 292 art 6 s 58 subd 2; 1992 c 499 art 3 s 1-7; art 11 s 1; 1993 
 c 224 art 3 s 1-9; art 14 s 3; 1994 c 483 s 1; 1994 c 647 art 3 
 s 2-8,34; 1Sp1995 c 3 art 3 s 1-3; art 16 s 13; 1996 c 412 art 2 
 s 1,2; art 3 s 1-3; 1998 c 397 art 2 s 22-41,164; art 11 s 3; 
 1998 c 398 art 2 s 6-14; art 6 s 1; 1999 c 123 s 10 

     125A.11 Special instructions for nonresident children. 

    Subdivision 1.    Nonresident tuition rate; other costs. 
  When a school district provides instruction and services 
 outside the district of residence, board and lodging, and any 
 tuition to be paid, shall be paid by the district of residence.  
 The tuition rate to be charged for any child with a disability 
 must be the actual cost of providing special instruction and 
 services to the child including a proportionate amount for 
 capital outlay and debt service but not including any amount for 
 transportation, minus the amount of special aid for children 
 with a disability received on behalf of that child.  If the 
 boards involved do not agree upon the tuition rate, either board 
 may apply to the commissioner to fix the rate.  The commissioner 
 must then set a date for a hearing, giving each board at least 
 ten days' notice, and after the hearing the commissioner must 
 make an order fixing the tuition rate, which is binding on both 
 school districts. 

    Subd. 2.    Nonresident transportation.  When a district 
 provides instruction and services in a day program outside the 
 district of residence, the district of residence is responsible 
 for providing transportation.  When a district provides 
 instruction and services requiring board and lodging or 
 placement in a residential program outside the district of 
 residence, the nonresident district in which the child is placed 
 is responsible for providing transportation.  Transportation 
 costs shall be paid by the district responsible for providing 
 transportation and the state shall pay transportation aid to 
 that district.  

    Subd. 3.    Agreement between districts to provide special 
 instruction and services.  For the purposes of this section, 
 any school district may enter into an agreement, upon mutually 
 agreed upon terms and conditions, to provide special instruction 
 and services for children with a disability.  In that event, one 
 of the participating units may employ and contract with 
 necessary qualified personnel to offer services in the several 
 districts.  Each participating unit must reimburse the employing 
 unit a proportionate amount of the actual cost of providing the 
 special instruction and services, less the amount of state 
 special education aid, which shall be claimed in full by the 
 employing district.  

    HIST: Ex1959 c 71 art 1 s 17; 1961 c 559 s 2; 1961 c 690 s 1; 
 1965 c 241 s 1-3; 1967 c 872 s 1; 1969 c 981 s 2-5; 1971 c 689 s 
 1-3; 1973 c 683 s 1,2; 1975 c 162 s 41; 1975 c 321 s 2; 1975 c 
 432 s 8-10; 1976 c 211 s 1-6; 1976 c 271 s 13-18; 1977 c 447 art 
 3 s 1-4; 1977 c 449 s 12; 1978 c 733 s 1; 1978 c 764 s 3-5; 1978 
 c 793 s 61; 1979 c 334 art 2 s 1,2; art 3 s 2,3; 1980 c 509 s 
 30; 1981 c 358 art 1 s 1; art 3 s 2-7; 1982 c 424 s 28,29,130; 
 1982 c 548 art 3 s 1-3; 1983 c 247 s 55; 1983 c 258 s 13; 1983 c 
 314 art 1 s 22; art 3 s 1; 1984 c 463 art 3 s 1; 1984 c 654 art 
 5 s 58; 1Sp1985 c 12 art 3 s 2-8; 1986 c 444; 1987 c 384 art 2 s 
 24; 1987 c 398 art 3 s 2-14; 1988 c 486 s 2-5; 1988 c 629 s 24; 
 1988 c 718 art 3 s 1; art 6 s 2; 1989 c 209 art 2 s 1; 1989 c 
 329 art 3 s 1-3; 1991 c 265 art 3 s 1,2,38; art 11 s 1; 1991 c 
 292 art 6 s 58 subd 2; 1992 c 499 art 3 s 1-7; art 11 s 1; 1993 
 c 224 art 3 s 1-9; art 14 s 3; 1994 c 483 s 1; 1994 c 647 art 3 
 s 2-8,34; 1Sp1995 c 3 art 3 s 1-3; art 16 s 13; 1996 c 412 art 2 
 s 1,2; art 3 s 1-3; 1998 c 397 art 2 s 22-41,164; art 11 s 3; 
 1998 c 398 art 2 s 6-14; art 6 s 1 

     125A.12 Attendance in another district. 

    No resident of a district who is eligible for special 
 instruction and services pursuant to this section may be denied 
 provision of this instruction and service because of attending a 
 public school in another district pursuant to section 123B.88, 
 subdivision 5, if the attendance is not subject to section 
 124D.06, 124D.07, or 124D.08.  If the pupil attends a public 
 school located in a contiguous district and the district of 
 attendance does not provide special instruction and services, 
 the district of residence must provide necessary transportation 
 for the pupil between the boundary of the district of residence 
 and the educational facility where special instruction and 
 services are provided within the district of residence.  The 
 district of residence may provide necessary transportation for 
 the pupil between its boundary and the school attended in the 
 contiguous district, but must not pay the cost of transportation 
 provided outside the boundary of the district of residence.  

    HIST: Ex1959 c 71 art 1 s 17; 1961 c 559 s 2; 1961 c 690 s 1; 
 1965 c 241 s 1-3; 1967 c 872 s 1; 1969 c 981 s 2-5; 1971 c 689 s 
 1-3; 1973 c 683 s 1,2; 1975 c 162 s 41; 1975 c 321 s 2; 1975 c 
 432 s 8-10; 1976 c 211 s 1-6; 1976 c 271 s 13-18; 1977 c 447 art 
 3 s 1-4; 1977 c 449 s 12; 1978 c 733 s 1; 1978 c 764 s 3-5; 1978 
 c 793 s 61; 1979 c 334 art 2 s 1,2; art 3 s 2,3; 1980 c 509 s 
 30; 1981 c 358 art 1 s 1; art 3 s 2-7; 1982 c 424 s 28,29,130; 
 1982 c 548 art 3 s 1-3; 1983 c 247 s 55; 1983 c 258 s 13; 1983 c 
 314 art 1 s 22; art 3 s 1; 1984 c 463 art 3 s 1; 1984 c 654 art 
 5 s 58; 1Sp1985 c 12 art 3 s 2-8; 1986 c 444; 1987 c 384 art 2 s 
 24; 1987 c 398 art 3 s 2-14; 1988 c 486 s 2-5; 1988 c 629 s 24; 
 1988 c 718 art 3 s 1; art 6 s 2; 1989 c 209 art 2 s 1; 1989 c 
 329 art 3 s 1-3; 1991 c 265 art 3 s 1,2,38; art 11 s 1; 1991 c 
 292 art 6 s 58 subd 2; 1992 c 499 art 3 s 1-7; art 11 s 1; 1993 
 c 224 art 3 s 1-9; art 14 s 3; 1994 c 483 s 1; 1994 c 647 art 3 
 s 2-8,34; 1Sp1995 c 3 art 3 s 1-3; art 16 s 13; 1996 c 412 art 2 
 s 1,2; art 3 s 1-3; 1998 c 397 art 2 s 22-41,164; art 11 s 3; 
 1998 c 398 art 2 s 6-14; art 6 s 1 

     125A.13 School of parents' choice. 

    Nothing in this chapter must be construed as preventing 
 parents of a child with a disability from sending the child to a 
 school of their choice, if they so elect, subject to admission 
 standards and policies adopted according to sections 125A.62 to 
 125A.64 and 125A.66 to 125A.73, and all other provisions of 
 chapters 120A to 129C. 

    HIST: Ex1959 c 71 art 1 s 17; 1961 c 559 s 2; 1961 c 690 s 1; 
 1965 c 241 s 1-3; 1967 c 872 s 1; 1969 c 981 s 2-5; 1971 c 689 s 
 1-3; 1973 c 683 s 1,2; 1975 c 162 s 41; 1975 c 321 s 2; 1975 c 
 432 s 8-10; 1976 c 211 s 1-6; 1976 c 271 s 13-18; 1977 c 447 art 
 3 s 1-4; 1977 c 449 s 12; 1978 c 733 s 1; 1978 c 764 s 3-5; 1978 
 c 793 s 61; 1979 c 334 art 2 s 1,2; art 3 s 2,3; 1980 c 509 s 
 30; 1981 c 358 art 1 s 1; art 3 s 2-7; 1982 c 424 s 28,29,130; 
 1982 c 548 art 3 s 1-3; 1983 c 247 s 55; 1983 c 258 s 13; 1983 c 
 314 art 1 s 22; art 3 s 1; 1984 c 463 art 3 s 1; 1984 c 654 art 
 5 s 58; 1Sp1985 c 12 art 3 s 2-8; 1986 c 444; 1987 c 384 art 2 s 
 24; 1987 c 398 art 3 s 2-14; 1988 c 486 s 2-5; 1988 c 629 s 24; 
 1988 c 718 art 3 s 1; art 6 s 2; 1989 c 209 art 2 s 1; 1989 c 
 329 art 3 s 1-3; 1991 c 265 art 3 s 1,2,38; art 11 s 1; 1991 c 
 292 art 6 s 58 subd 2; 1992 c 499 art 3 s 1-7; art 11 s 1; 1993 
 c 224 art 3 s 1-9; art 14 s 3; 1994 c 483 s 1; 1994 c 647 art 3 
 s 2-8,34; 1Sp1995 c 3 art 3 s 1-3; art 16 s 13; 1996 c 412 art 2 
 s 1,2; art 3 s 1-3; 1998 c 397 art 2 s 22-41,164; art 11 s 3; 
 1998 c 398 art 2 s 6-14; art 6 s 1 

     125A.14 Summer programs. 

    A district may provide summer programs for children with a 
 disability living within the district and nonresident children 
 temporarily placed in the district pursuant to section 125A.15 
 or 125A.16.  Prior to March 31 or 30 days after the child with a 
 disability is placed in the district, whichever is later, the 
 providing district shall give notice to the district of 
 residence of any nonresident children temporarily placed in the 
 district pursuant to section 125A.15 or 125A.16, of its 
 intention to provide these programs.  Notwithstanding any 
 contrary provisions in sections 125A.15 and 125A.16, the 
 district providing the special instruction and services must 
 apply for special education aid for the summer program.  The 
 unreimbursed actual cost of providing the program for 
 nonresident children with a disability, including the cost of 
 board and lodging, may be billed to the district of the child's 
 residence and must be paid by the resident district.  
 Transportation costs must be paid by the district responsible 
 for providing transportation pursuant to section 125A.15 or 
 125A.16 and transportation aid must be paid to that district.  

    HIST: Ex1959 c 71 art 1 s 17; 1961 c 559 s 2; 1961 c 690 s 1; 
 1965 c 241 s 1-3; 1967 c 872 s 1; 1969 c 981 s 2-5; 1971 c 689 s 
 1-3; 1973 c 683 s 1,2; 1975 c 162 s 41; 1975 c 321 s 2; 1975 c 
 432 s 8-10; 1976 c 211 s 1-6; 1976 c 271 s 13-18; 1977 c 447 art 
 3 s 1-4; 1977 c 449 s 12; 1978 c 733 s 1; 1978 c 764 s 3-5; 1978 
 c 793 s 61; 1979 c 334 art 2 s 1,2; art 3 s 2,3; 1980 c 509 s 
 30; 1981 c 358 art 1 s 1; art 3 s 2-7; 1982 c 424 s 28,29,130; 
 1982 c 548 art 3 s 1-3; 1983 c 247 s 55; 1983 c 258 s 13; 1983 c 
 314 art 1 s 22; art 3 s 1; 1984 c 463 art 3 s 1; 1984 c 654 art 
 5 s 58; 1Sp1985 c 12 art 3 s 2-8; 1986 c 444; 1987 c 384 art 2 s 
 24; 1987 c 398 art 3 s 2-14; 1988 c 486 s 2-5; 1988 c 629 s 24; 
 1988 c 718 art 3 s 1; art 6 s 2; 1989 c 209 art 2 s 1; 1989 c 
 329 art 3 s 1-3; 1991 c 265 art 3 s 1,2,38; art 11 s 1; 1991 c 
 292 art 6 s 58 subd 2; 1992 c 499 art 3 s 1-7; art 11 s 1; 1993 
 c 224 art 3 s 1-9; art 14 s 3; 1994 c 483 s 1; 1994 c 647 art 3 
 s 2-8,34; 1Sp1995 c 3 art 3 s 1-3; art 16 s 13; 1996 c 412 art 2 
 s 1,2; art 3 s 1-3; 1998 c 397 art 2 s 22-41,164; art 11 s 3; 
 1998 c 398 art 2 s 6-14; art 6 s 1 

     125A.15 Placement in another district; responsibility. 

    The responsibility for special instruction and services for 
 a child with a disability temporarily placed in another district 
 for care and treatment shall be determined in the following 
 manner: 

    (a) The district of residence of a child shall be the 
 district in which the child's parent resides, if living, or the 
 child's guardian, or the district designated by the commissioner 
 if neither parent nor guardian is living within the state. 

    (b) When a child is temporarily placed for care and 
 treatment in a day program located in another district and the 
 child continues to live within the district of residence during 
 the care and treatment, the district of residence is responsible 
 for providing transportation to and from the care and treatment 
 facility and an appropriate educational program for the child.  
 Transportation shall only be provided by the district during 
 regular operating hours of the district.  The district may 
 provide the educational program at a school within the district 
 of residence, at the child's residence, or in the district in 
 which the day treatment center is located by paying tuition to 
 that district. 

    (c) When a child is temporarily placed in a residential 
 program for care and treatment, the nonresident district in 
 which the child is placed is responsible for providing an 
 appropriate educational program for the child and necessary 
 transportation while the child is attending the educational 
 program; and must bill the district of the child's residence for 
 the actual cost of providing the program, as outlined in section 
 125A.11.  However, the board, lodging, and treatment costs 
 incurred in behalf of a child with a disability placed outside 
 of the school district of residence by the commissioner of human 
 services or the commissioner of corrections or their agents, for 
 reasons other than providing for the child's special educational 
 needs must not become the responsibility of either the district 
 providing the instruction or the district of the child's 
 residence.  For the purposes of this section, the state 
 correctional facilities operated on a fee-for-service basis are 
 considered to be residential programs for care and treatment. 

    (d) The district of residence shall pay tuition and other 
 program costs, not including transportation costs, to the 
 district providing the instruction and services.  The district 
 of residence may claim general education aid for the child as 
 provided by law.  Transportation costs must be paid by the 
 district responsible for providing the transportation and the 
 state must pay transportation aid to that district. 

    HIST: Ex1959 c 71 art 1 s 17; 1961 c 559 s 2; 1961 c 690 s 1; 
 1965 c 241 s 1-3; 1967 c 872 s 1; 1969 c 981 s 2-5; 1971 c 689 s 
 1-3; 1973 c 683 s 1,2; 1975 c 162 s 41; 1975 c 321 s 2; 1975 c 
 432 s 8-10; 1976 c 211 s 1-6; 1976 c 271 s 13-18; 1977 c 447 art 
 3 s 1-4; 1977 c 449 s 12; 1978 c 733 s 1; 1978 c 764 s 3-5; 1978 
 c 793 s 61; 1979 c 334 art 2 s 1,2; art 3 s 2,3; 1980 c 509 s 
 30; 1981 c 358 art 1 s 1; art 3 s 2-7; 1982 c 424 s 28,29,130; 
 1982 c 548 art 3 s 1-3; 1983 c 247 s 55; 1983 c 258 s 13; 1983 c 
 314 art 1 s 22; art 3 s 1; 1984 c 463 art 3 s 1; 1984 c 654 art 
 5 s 58; 1Sp1985 c 12 art 3 s 2-8; 1986 c 444; 1987 c 384 art 2 s 
 24; 1987 c 398 art 3 s 2-14; 1988 c 486 s 2-5; 1988 c 629 s 24; 
 1988 c 718 art 3 s 1; art 6 s 2; 1989 c 209 art 2 s 1; 1989 c 
 329 art 3 s 1-3; 1991 c 265 art 3 s 1,2,38; art 11 s 1; 1991 c 
 292 art 6 s 58 subd 2; 1992 c 499 art 3 s 1-7; art 11 s 1; 1993 
 c 224 art 3 s 1-9; art 14 s 3; 1994 c 483 s 1; 1994 c 647 art 3 
 s 2-8,34; 1Sp1995 c 3 art 3 s 1-3; art 16 s 13; 1996 c 412 art 2 
 s 1,2; art 3 s 1-3; 1998 c 397 art 2 s 22-41,164; art 11 s 3; 
 1998 c 398 art 2 s 6-14; art 6 s 1; 1999 c 241 art 2 s 14 

     125A.155 Special education reciprocity; commissioner 
  duties. 

    The commissioner of children, families, and learning must 
 develop a special education reciprocity agreement form.  The 
 reciprocity form must specify the procedures used to calculate 
 special education tuition charges for both Minnesota students 
 that are served in other states and for out-of-state students 
 who are served in Minnesota.  The commissioner shall attempt to 
 enter into reciprocity agreements with any state that sends 
 students to Minnesota and any state that provides services to 
 Minnesota students. 

    HIST: 1999 c 241 art 2 s 15 

     125A.16 Placement in state institution; responsibility. 

    (a) Responsibility for special instruction and services for 
 a child with a disability placed in a state institution on a 
 temporary basis must be determined in the following manner: 

    (1) the legal residence of the child is the district in 
 which the child's parent resides, if living, or the child's 
 guardian; and 

    (2) when the educational needs of the child can be met 
 through the institutional program, the costs for the instruction 
 must be paid by the department to which the institution is 
 assigned with exception of children placed in fee-for-service 
 facilities operated by the commissioner of corrections whose 
 cost for such instruction shall be paid as outlined in section 
 125A.15. 

    (b) When it is determined that the child can benefit from 
 public school enrollment, provision for the instruction shall be 
 made in the following manner: 

    (1) determination of eligibility for special instruction 
 and services must be made by the commissioner and the 
 commissioner of the department responsible for the institution; 

    (2) the district where the institution is located is 
 responsible for providing transportation and an appropriate 
 educational program for the child and must make a tuition charge 
 to the child's district of residence for the actual cost of 
 providing the program; and 

    (3) the district of the child's residence shall pay the 
 tuition and other program costs excluding transportation costs 
 and may claim general education aid for the child.  
 Transportation costs must be paid by the district where the 
 institution is located and the state must pay transportation aid 
 to that district.  

    HIST: Ex1959 c 71 art 1 s 17; 1961 c 559 s 2; 1961 c 690 s 1; 
 1965 c 241 s 1-3; 1967 c 872 s 1; 1969 c 981 s 2-5; 1971 c 689 s 
 1-3; 1973 c 683 s 1,2; 1975 c 162 s 41; 1975 c 321 s 2; 1975 c 
 432 s 8-10; 1976 c 211 s 1-6; 1976 c 271 s 13-18; 1977 c 447 art 
 3 s 1-4; 1977 c 449 s 12; 1978 c 733 s 1; 1978 c 764 s 3-5; 1978 
 c 793 s 61; 1979 c 334 art 2 s 1,2; art 3 s 2,3; 1980 c 509 s 
 30; 1981 c 358 art 1 s 1; art 3 s 2-7; 1982 c 424 s 28,29,130; 
 1982 c 548 art 3 s 1-3; 1983 c 247 s 55; 1983 c 258 s 13; 1983 c 
 314 art 1 s 22; art 3 s 1; 1984 c 463 art 3 s 1; 1984 c 654 art 
 5 s 58; 1Sp1985 c 12 art 3 s 2-8; 1986 c 444; 1987 c 384 art 2 s 
 24; 1987 c 398 art 3 s 2-14; 1988 c 486 s 2-5; 1988 c 629 s 24; 
 1988 c 718 art 3 s 1; art 6 s 2; 1989 c 209 art 2 s 1; 1989 c 
 329 art 3 s 1-3; 1991 c 265 art 3 s 1,2,38; art 11 s 1; 1991 c 
 292 art 6 s 58 subd 2; 1992 c 499 art 3 s 1-7; art 11 s 1; 1993 
 c 224 art 3 s 1-9; art 14 s 3; 1994 c 483 s 1; 1994 c 647 art 3 
 s 2-8,34; 1Sp1995 c 3 art 3 s 1-3; art 16 s 13; 1996 c 412 art 2 
 s 1,2; art 3 s 1-3; 1998 c 397 art 2 s 22-41,164; art 11 s 3; 
 1998 c 398 art 2 s 6-14; art 6 s 1 

     125A.17 Legal residence of a child with a disability 
  placed in a foster facility. 

    The legal residence of a child with a disability placed in 
 a foster facility for care and treatment when: 

    (1) parental rights have been terminated by court order; 

    (2) parent or guardian is not living within the state; 

    (3) no other district residence can be established; or 

    (4) parent or guardian having legal custody of the child is 
 an inmate of a Minnesota correctional facility or is a resident 
 of a halfway house under the supervision of the commissioner of 
 corrections; 

 is the district in which the child resides.  The school board of 
 the district of residence must provide the same educational 
 program for the child as it provides for all resident children 
 with a disability in the district.  

    HIST: Ex1959 c 71 art 1 s 17; 1961 c 559 s 2; 1961 c 690 s 1; 
 1965 c 241 s 1-3; 1967 c 872 s 1; 1969 c 981 s 2-5; 1971 c 689 s 
 1-3; 1973 c 683 s 1,2; 1975 c 162 s 41; 1975 c 321 s 2; 1975 c 
 432 s 8-10; 1976 c 211 s 1-6; 1976 c 271 s 13-18; 1977 c 447 art 
 3 s 1-4; 1977 c 449 s 12; 1978 c 733 s 1; 1978 c 764 s 3-5; 1978 
 c 793 s 61; 1979 c 334 art 2 s 1,2; art 3 s 2,3; 1980 c 509 s 
 30; 1981 c 358 art 1 s 1; art 3 s 2-7; 1982 c 424 s 28,29,130; 
 1982 c 548 art 3 s 1-3; 1983 c 247 s 55; 1983 c 258 s 13; 1983 c 
 314 art 1 s 22; art 3 s 1; 1984 c 463 art 3 s 1; 1984 c 654 art 
 5 s 58; 1Sp1985 c 12 art 3 s 2-8; 1986 c 444; 1987 c 384 art 2 s 
 24; 1987 c 398 art 3 s 2-14; 1988 c 486 s 2-5; 1988 c 629 s 24; 
 1988 c 718 art 3 s 1; art 6 s 2; 1989 c 209 art 2 s 1; 1989 c 
 329 art 3 s 1-3; 1991 c 265 art 3 s 1,2,38; art 11 s 1; 1991 c 
 292 art 6 s 58 subd 2; 1992 c 499 art 3 s 1-7; art 11 s 1; 1993 
 c 224 art 3 s 1-9; art 14 s 3; 1994 c 483 s 1; 1994 c 647 art 3 
 s 2-8,34; 1Sp1995 c 3 art 3 s 1-3; art 16 s 13; 1996 c 412 art 2 
 s 1,2; art 3 s 1-3; 1998 c 397 art 2 s 22-41,164; art 11 s 3; 
 1998 c 398 art 2 s 6-14; art 6 s 1 

     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. 

    HIST: Ex1959 c 71 art 1 s 17; 1961 c 559 s 2; 1961 c 690 s 1; 
 1965 c 241 s 1-3; 1967 c 872 s 1; 1969 c 981 s 2-5; 1971 c 689 s 
 1-3; 1973 c 683 s 1,2; 1975 c 162 s 41; 1975 c 321 s 2; 1975 c 
 432 s 8-10; 1976 c 211 s 1-6; 1976 c 271 s 13-18; 1977 c 447 art 
 3 s 1-4; 1977 c 449 s 12; 1978 c 733 s 1; 1978 c 764 s 3-5; 1978 
 c 793 s 61; 1979 c 334 art 2 s 1,2; art 3 s 2,3; 1980 c 509 s 
 30; 1981 c 358 art 1 s 1; art 3 s 2-7; 1982 c 424 s 28,29,130; 
 1982 c 548 art 3 s 1-3; 1983 c 247 s 55; 1983 c 258 s 13; 1983 c 
 314 art 1 s 22; art 3 s 1; 1984 c 463 art 3 s 1; 1984 c 654 art 
 5 s 58; 1Sp1985 c 12 art 3 s 2-8; 1986 c 444; 1987 c 384 art 2 s 
 24; 1987 c 398 art 3 s 2-14; 1988 c 486 s 2-5; 1988 c 629 s 24; 
 1988 c 718 art 3 s 1; art 6 s 2; 1989 c 209 art 2 s 1; 1989 c 
 329 art 3 s 1-3; 1991 c 265 art 3 s 1,2,38; art 11 s 1; 1991 c 
 292 art 6 s 58 subd 2; 1992 c 499 art 3 s 1-7; art 11 s 1; 1993 
 c 224 art 3 s 1-9; art 14 s 3; 1994 c 483 s 1; 1994 c 647 art 3 
 s 2-8,34; 1Sp1995 c 3 art 3 s 1-3; art 16 s 13; 1996 c 412 art 2 
 s 1,2; art 3 s 1-3; 1998 c 397 art 2 s 22-41,164; art 11 s 3; 
 1998 c 398 art 2 s 6-14; art 6 s 1; 1999 c 123 s 11 

     125A.19 Nonresident education; billing. 

    All tuition billing for the education of nonresident 
 children pursuant to sections 125A.03 to 125A.24 and 125A.65 
 must be done on uniform forms prescribed by the commissioner.  
 The billing shall contain an itemized statement of costs that 
 are being charged to the district of residence.  One copy of 
 each billing must be filed with the commissioner.  

    HIST: Ex1959 c 71 art 1 s 17; 1961 c 559 s 2; 1961 c 690 s 1; 
 1965 c 241 s 1-3; 1967 c 872 s 1; 1969 c 981 s 2-5; 1971 c 689 s 
 1-3; 1973 c 683 s 1,2; 1975 c 162 s 41; 1975 c 321 s 2; 1975 c 
 432 s 8-10; 1976 c 211 s 1-6; 1976 c 271 s 13-18; 1977 c 447 art 
 3 s 1-4; 1977 c 449 s 12; 1978 c 733 s 1; 1978 c 764 s 3-5; 1978 
 c 793 s 61; 1979 c 334 art 2 s 1,2; art 3 s 2,3; 1980 c 509 s 
 30; 1981 c 358 art 1 s 1; art 3 s 2-7; 1982 c 424 s 28,29,130; 
 1982 c 548 art 3 s 1-3; 1983 c 247 s 55; 1983 c 258 s 13; 1983 c 
 314 art 1 s 22; art 3 s 1; 1984 c 463 art 3 s 1; 1984 c 654 art 
 5 s 58; 1Sp1985 c 12 art 3 s 2-8; 1986 c 444; 1987 c 384 art 2 s 
 24; 1987 c 398 art 3 s 2-14; 1988 c 486 s 2-5; 1988 c 629 s 24; 
 1988 c 718 art 3 s 1; art 6 s 2; 1989 c 209 art 2 s 1; 1989 c 
 329 art 3 s 1-3; 1991 c 265 art 3 s 1,2,38; art 11 s 1; 1991 c 
 292 art 6 s 58 subd 2; 1992 c 499 art 3 s 1-7; art 11 s 1; 1993 
 c 224 art 3 s 1-9; art 14 s 3; 1994 c 483 s 1; 1994 c 647 art 3 
 s 2-8,34; 1Sp1995 c 3 art 3 s 1-3; art 16 s 13; 1996 c 412 art 2 
 s 1,2; art 3 s 1-3; 1998 c 397 art 2 s 22-41,164; art 11 s 3; 
 1998 c 398 art 2 s 6-14; art 6 s 1 

     125A.20 Transportation aid agreements. 

    Notwithstanding the provisions of sections 125A.11, 
 125A.14, and 125A.15, when a child receives special instruction 
 and services in a day program outside the resident district, the 
 resident district and the nonresident district where the child 
 is placed may enter into an agreement providing for the 
 nonresident district to pay the cost of any particular 
 transportation categories specified in section 123B.92, 
 subdivision 1, and claim transportation aid for those 
 categories.  In this case, the nonresident district may not 
 obtain any payment from the resident district for the categories 
 covered by the agreement.  

    HIST: Ex1959 c 71 art 1 s 17; 1961 c 559 s 2; 1961 c 690 s 1; 
 1965 c 241 s 1-3; 1967 c 872 s 1; 1969 c 981 s 2-5; 1971 c 689 s 
 1-3; 1973 c 683 s 1,2; 1975 c 162 s 41; 1975 c 321 s 2; 1975 c 
 432 s 8-10; 1976 c 211 s 1-6; 1976 c 271 s 13-18; 1977 c 447 art 
 3 s 1-4; 1977 c 449 s 12; 1978 c 733 s 1; 1978 c 764 s 3-5; 1978 
 c 793 s 61; 1979 c 334 art 2 s 1,2; art 3 s 2,3; 1980 c 509 s 
 30; 1981 c 358 art 1 s 1; art 3 s 2-7; 1982 c 424 s 28,29,130; 
 1982 c 548 art 3 s 1-3; 1983 c 247 s 55; 1983 c 258 s 13; 1983 c 
 314 art 1 s 22; art 3 s 1; 1984 c 463 art 3 s 1; 1984 c 654 art 
 5 s 58; 1Sp1985 c 12 art 3 s 2-8; 1986 c 444; 1987 c 384 art 2 s 
 24; 1987 c 398 art 3 s 2-14; 1988 c 486 s 2-5; 1988 c 629 s 24; 
 1988 c 718 art 3 s 1; art 6 s 2; 1989 c 209 art 2 s 1; 1989 c 
 329 art 3 s 1-3; 1991 c 265 art 3 s 1,2,38; art 11 s 1; 1991 c 
 292 art 6 s 58 subd 2; 1992 c 499 art 3 s 1-7; art 11 s 1; 1993 
 c 224 art 3 s 1-9; art 14 s 3; 1994 c 483 s 1; 1994 c 647 art 3 
 s 2-8,34; 1Sp1995 c 3 art 3 s 1-3; art 16 s 13; 1996 c 412 art 2 
 s 1,2; art 3 s 1-3; 1998 c 397 art 2 s 22-41,164; art 11 s 3; 
 1998 c 398 art 2 s 6-14; art 6 s 1 

     125A.21 Third party payment. 

    Subdivision 1.    Obligation to pay.  Nothing in 
 sections 125A.03 to 125A.24 and 125A.65 relieves an insurer or 
 similar third party from an otherwise valid obligation to pay, 
 or changes the validity of an obligation to pay, for services 
 rendered to a child with a disability, and the child's family.  
 A school district may pay or reimburse copayments, coinsurance, 
 deductibles, and other enrollee cost-sharing amounts, on behalf 
 of the student or family, in connection with health and related 
 services provided under an individual educational plan.  

    Subd. 2.    Third party reimbursement.  Beginning July 
 1, 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. 

    Subd. 3.    Use of reimbursements.  Of the 
 reimbursements received, districts may: 

    (1) retain an amount sufficient to compensate the district 
 for its administrative costs of obtaining reimbursements; 

    (2) regularly obtain from education- and health-related 
 entities training and other appropriate technical assistance 
 designed to improve the district's ability to determine which 
 services are reimbursable and to seek timely reimbursement in a 
 cost-effective manner; or 

    (3) reallocate reimbursements for the benefit of students 
 with special needs in the district. 

    Subd. 4.    Parents not obligated to use health coverage. 
  To the extent required by federal law, a school district may 
 not require parents of children with disabilities, if they would 
 incur a financial cost, to use private or public health coverage 
 to pay for the services that must be provided under an 
 individual education plan. 

    Subd. 5.    Informed consent.  When obtaining informed 
 consent, consistent with sections 13.05, subdivision 4, 
 paragraph (d); and 256B.77, subdivision 2, paragraph (p), to 
 bill health plans for covered services, the school district must 
 notify the legal representative (1) that the cost of the 
 person's private health insurance premium may increase due to 
 providing the covered service in the school setting, (2) that 
 the school district may pay certain enrollee health plan costs, 
 including but not limited to, copayments, coinsurance, 
 deductibles, premium increases or other enrollee cost-sharing 
 amounts for health and related services required by an 
 individual service plan, or individual family service plan, and 
 (3) that the school's billing for each type of covered service 
 may affect service limits and prior authorization thresholds.  
 The informed consent may be revoked in writing at any time by 
 the person authorizing the billing of the health plan. 

    Subd. 6.    District obligation to provide service.  To 
 the extent required by federal law, no school district may deny, 
 withhold, or delay any service that must be provided under an 
 individual education plan because a family has refused to 
 provide informed consent to bill a health plan for services or a 
 health plan company has refused to pay any, all, or a portion of 
 the cost of services billed. 

    Subd. 7.    District disclosure of information.  A 
 school district may disclose information contained in a 
 student's individual education plan, consistent with section 
 13.32, subdivision 3, paragraph (a), including records of the 
 student's diagnosis and treatment, to a health plan company only 
 with the signed and dated consent of the student's parent, or 
 other legally authorized individual.  The school district shall 
 disclose only that information necessary for the health plan 
 company to decide matters of coverage and payment.  A health 
 plan company may use the information only for making decisions 
 regarding coverage and payment, and for any other use permitted 
 by law. 

    HIST: Ex1959 c 71 art 1 s 17; 1961 c 559 s 2; 1961 c 690 s 1; 
 1965 c 241 s 1-3; 1967 c 872 s 1; 1969 c 981 s 2-5; 1971 c 689 s 
 1-3; 1973 c 683 s 1,2; 1975 c 162 s 41; 1975 c 321 s 2; 1975 c 
 432 s 8-10; 1976 c 211 s 1-6; 1976 c 271 s 13-18; 1977 c 447 art 
 3 s 1-4; 1977 c 449 s 12; 1978 c 733 s 1; 1978 c 764 s 3-5; 1978 
 c 793 s 61; 1979 c 334 art 2 s 1,2; art 3 s 2,3; 1980 c 509 s 
 30; 1981 c 358 art 1 s 1; art 3 s 2-7; 1982 c 424 s 28,29,130; 
 1982 c 548 art 3 s 1-3; 1983 c 247 s 55; 1983 c 258 s 13; 1983 c 
 314 art 1 s 22; art 3 s 1; 1984 c 463 art 3 s 1; 1984 c 654 art 
 5 s 58; 1Sp1985 c 12 art 3 s 2-8; 1986 c 444; 1987 c 384 art 2 s 
 24; 1987 c 398 art 3 s 2-14; 1988 c 486 s 2-5; 1988 c 629 s 24; 
 1988 c 718 art 3 s 1; art 6 s 2; 1989 c 209 art 2 s 1; 1989 c 
 329 art 3 s 1-3; 1991 c 265 art 3 s 1,2,38; art 11 s 1; 1991 c 
 292 art 6 s 58 subd 2; 1992 c 499 art 3 s 1-7; art 11 s 1; 1993 
 c 224 art 3 s 1-9; art 14 s 3; 1994 c 483 s 1; 1994 c 647 art 3 
 s 2-8,34; 1Sp1995 c 3 art 3 s 1-3; art 16 s 13; 1996 c 412 art 2 
 s 1,2; art 3 s 1-3; 1998 c 397 art 2 s 22-41,164; art 11 s 3; 
 1998 c 398 art 2 s 6-14; art 6 s 1; 1999 c 123 s 12 

     125A.22 Community transition interagency committee. 

    A district, group of districts, or special education 
 cooperative, in cooperation with the county or counties in which 
 the district or cooperative is located, must establish a 
 community transition interagency committee for youth with 
 disabilities, beginning at grade 9 or age equivalent, and their 
 families.  Members of the committee must consist of 
 representatives from special education, vocational and regular 
 education, community education, post-secondary education and 
 training institutions, adults with disabilities who have 
 received transition services if such persons are available, 
 parents of youth with disabilities, local business or industry, 
 rehabilitation services, county social services, health 
 agencies, and additional public or private adult service 
 providers as appropriate.  The committee must elect a chair and 
 must meet regularly.  The committee must: 

    (1) identify current services, programs, and funding 
 sources provided within the community for secondary and 
 post-secondary aged youth with disabilities and their families; 

    (2) facilitate the development of multiagency teams to 
 address present and future transition needs of individual 
 students on their individual education plans; 

    (3) develop a community plan to include mission, goals, and 
 objectives, and an implementation plan to assure that transition 
 needs of individuals with disabilities are met; 

    (4) recommend changes or improvements in the community 
 system of transition services; 

    (5) exchange agency information such as appropriate data, 
 effectiveness studies, special projects, exemplary programs, and 
 creative funding of programs; and 

    (6) following procedures determined by the commissioner, 
 prepare a yearly summary assessing the progress of transition 
 services in the community including follow-up of individuals 
 with disabilities who were provided transition services to 
 determine postschool outcomes.  The summary must be disseminated 
 to all adult services agencies involved in the planning and to 
 the commissioner by October 1 of each year.  

    HIST: Ex1959 c 71 art 1 s 17; 1961 c 559 s 2; 1961 c 690 s 1; 
 1965 c 241 s 1-3; 1967 c 872 s 1; 1969 c 981 s 2-5; 1971 c 689 s 
 1-3; 1973 c 683 s 1,2; 1975 c 162 s 41; 1975 c 321 s 2; 1975 c 
 432 s 8-10; 1976 c 211 s 1-6; 1976 c 271 s 13-18; 1977 c 447 art 
 3 s 1-4; 1977 c 449 s 12; 1978 c 733 s 1; 1978 c 764 s 3-5; 1978 
 c 793 s 61; 1979 c 334 art 2 s 1,2; art 3 s 2,3; 1980 c 509 s 
 30; 1981 c 358 art 1 s 1; art 3 s 2-7; 1982 c 424 s 28,29,130; 
 1982 c 548 art 3 s 1-3; 1983 c 247 s 55; 1983 c 258 s 13; 1983 c 
 314 art 1 s 22; art 3 s 1; 1984 c 463 art 3 s 1; 1984 c 654 art 
 5 s 58; 1Sp1985 c 12 art 3 s 2-8; 1986 c 444; 1987 c 384 art 2 s 
 24; 1987 c 398 art 3 s 2-14; 1988 c 486 s 2-5; 1988 c 629 s 24; 
 1988 c 718 art 3 s 1; art 6 s 2; 1989 c 209 art 2 s 1; 1989 c 
 329 art 3 s 1-3; 1991 c 265 art 3 s 1,2,38; art 11 s 1; 1991 c 
 292 art 6 s 58 subd 2; 1992 c 499 art 3 s 1-7; art 11 s 1; 1993 
 c 224 art 3 s 1-9; art 14 s 3; 1994 c 483 s 1; 1994 c 647 art 3 
 s 2-8,34; 1Sp1995 c 3 art 3 s 1-3; art 16 s 13; 1996 c 412 art 2 
 s 1,2; art 3 s 1-3; 1998 c 397 art 2 s 22-41,164; art 11 s 3; 
 1998 c 398 art 2 s 6-14; art 6 s 1 

     125A.23 Agency access to nonpublic data. 

    The commissioner of administration must prepare a form and 
 disseminate guidelines for state agencies, political 
 subdivisions, and other responsible authorities to use to enable 
 a responsible authority to allow another responsible authority 
 access to data about a child with a disability that is 
 classified as not public.  The form and guidelines must be 
 consistent with section 13.05, subdivision 9, and federal law, 
 and are not subject to the rulemaking requirements under chapter 
 14. 

    HIST: Ex1959 c 71 art 1 s 17; 1961 c 559 s 2; 1961 c 690 s 1; 
 1965 c 241 s 1-3; 1967 c 872 s 1; 1969 c 981 s 2-5; 1971 c 689 s 
 1-3; 1973 c 683 s 1,2; 1975 c 162 s 41; 1975 c 321 s 2; 1975 c 
 432 s 8-10; 1976 c 211 s 1-6; 1976 c 271 s 13-18; 1977 c 447 art 
 3 s 1-4; 1977 c 449 s 12; 1978 c 733 s 1; 1978 c 764 s 3-5; 1978 
 c 793 s 61; 1979 c 334 art 2 s 1,2; art 3 s 2,3; 1980 c 509 s 
 30; 1981 c 358 art 1 s 1; art 3 s 2-7; 1982 c 424 s 28,29,130; 
 1982 c 548 art 3 s 1-3; 1983 c 247 s 55; 1983 c 258 s 13; 1983 c 
 314 art 1 s 22; art 3 s 1; 1984 c 463 art 3 s 1; 1984 c 654 art 
 5 s 58; 1Sp1985 c 12 art 3 s 2-8; 1986 c 444; 1987 c 384 art 2 s 
 24; 1987 c 398 art 3 s 2-14; 1988 c 486 s 2-5; 1988 c 629 s 24; 
 1988 c 718 art 3 s 1; art 6 s 2; 1989 c 209 art 2 s 1; 1989 c 
 329 art 3 s 1-3; 1991 c 265 art 3 s 1,2,38; art 11 s 1; 1991 c 
 292 art 6 s 58 subd 2; 1992 c 499 art 3 s 1-7; art 11 s 1; 1993 
 c 224 art 3 s 1-9; art 14 s 3; 1994 c 483 s 1; 1994 c 647 art 3 
 s 2-8,34; 1Sp1995 c 3 art 3 s 1-3; art 16 s 13; 1996 c 412 art 2 
 s 1,2; art 3 s 1-3; 1998 c 397 art 2 s 22-41,164; art 11 s 3; 
 1998 c 398 art 2 s 6-14; art 6 s 1 

     125A.24 Parent advisory councils. 

    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. 

    HIST: Ex1959 c 71 art 1 s 17; 1961 c 559 s 2; 1961 c 690 s 1; 
 1965 c 241 s 1-3; 1967 c 872 s 1; 1969 c 981 s 2-5; 1971 c 689 s 
 1-3; 1973 c 683 s 1,2; 1975 c 162 s 41; 1975 c 321 s 2; 1975 c 
 432 s 8-10; 1976 c 211 s 1-6; 1976 c 271 s 13-18; 1977 c 447 art 
 3 s 1-4; 1977 c 449 s 12; 1978 c 733 s 1; 1978 c 764 s 3-5; 1978 
 c 793 s 61; 1979 c 334 art 2 s 1,2; art 3 s 2,3; 1980 c 509 s 
 30; 1981 c 358 art 1 s 1; art 3 s 2-7; 1982 c 424 s 28,29,130; 
 1982 c 548 art 3 s 1-3; 1983 c 247 s 55; 1983 c 258 s 13; 1983 c 
 314 art 1 s 22; art 3 s 1; 1984 c 463 art 3 s 1; 1984 c 654 art 
 5 s 58; 1Sp1985 c 12 art 3 s 2-8; 1986 c 444; 1987 c 384 art 2 s 
 24; 1987 c 398 art 3 s 2-14; 1988 c 486 s 2-5; 1988 c 629 s 24; 
 1988 c 718 art 3 s 1; art 6 s 2; 1989 c 209 art 2 s 1; 1989 c 
 329 art 3 s 1-3; 1991 c 265 art 3 s 1,2,38; art 11 s 1; 1991 c 
 292 art 6 s 58 subd 2; 1992 c 499 art 3 s 1-7; art 11 s 1; 1993 
 c 224 art 3 s 1-9; art 14 s 3; 1994 c 483 s 1; 1994 c 647 art 3 
 s 2-8,34; 1Sp1995 c 3 art 3 s 1-3; art 16 s 13; 1996 c 412 art 2 
 s 1,2; art 3 s 1-3; 1998 c 397 art 2 s 22-41,164; art 11 s 3; 
 1998 c 398 art 2 s 6-14; art 6 s 1; 1999 c 123 s 13 

     125A.25 Legislative commitment to conciliation. 

    Subdivision 1.    Policy statement.  The legislature 
 finds that conciliation conferences pursuant to sections 125A.03 
 to 125A.24 and 125A.65 serve better than formal hearings to 
 promote communications between parents and school staff and to 
 reach prompt, shared decisions about educational programs for 
 children with a disability.  Further, the legislature urges the 
 United States department of education and the United States 
 office of civil rights to acknowledge that the conciliation 
 conference process violates no federal statute or regulation.  

    Subd. 2.    State plan.  The commissioner shall not 
 adopt any provision in the state plan for special education that 
 reduces the opportunities for parents and school districts to 
 resolve their differences through conciliation.  

    HIST: 1981 c 358 art 3 s 8; 1991 c 265 art 3 s 38; 1998 c 397 
 art 2 s 60,164; 1998 c 398 art 5 s 55 

     125A.259 Citation; Interagency Early Childhood 
  Intervention System. 

    Sections 125A.26 to 125A.48 may be cited as the Interagency 
 Early Childhood Intervention System. 

    HIST: 1998 c 397 art 11 s 3 

     125A.26 Purpose. 

    It is the policy of the state to develop and implement 
 comprehensive, coordinated, multidisciplinary interagency 
 programs of early intervention services for children with 
 disabilities and their families. 

    HIST: 1994 c 647 art 3 s 9,34; 1Sp1995 c 3 art 16 s 13; 1996 c 
 412 art 3 s 4,5; 1Sp1997 c 4 art 2 s 1; 1998 c 397 art 2 s 
 42-59,164; art 11 s 3; 1998 c 398 art 2 s 15-18; art 3 s 1; 1998 
 c 408 s 23 

     125A.27 Definitions. 

    Subdivision 1.    Scope.  For the purposes of sections 
 125A.259 to 125A.48, the following terms have the meanings given 
 them.  

    Subd. 2.    Coordinate.  "Coordinate" means to provide 
 ready access to a community's services and resources to meet 
 child and family needs.  

    Subd. 3.    Core early intervention services.  "Core 
 early intervention services" means services that are available 
 at no cost to children and families.  These services include: 

    (1) identification and referral; 

    (2) screening; 

    (3) evaluation; 

    (4) assessment; 

    (5) service coordination; 

    (6) special education and related services provided under 
 section 125A.08, and United States Code, title 20, section 1401; 
 and 

    (7) protection of parent and child rights by means of 
 procedural safeguards. 

    Subd. 4.    County board.  "County board" means a county 
 board established under chapter 375. 

    Subd. 5.    Early intervention record.  "Early 
 intervention record" means any personally identifiable 
 information about a child or the child's family that is 
 generated by the early intervention system, and that pertains to 
 evaluation and assessment, development of an individualized 
 family service plan, and the delivery of early intervention 
 services. 

    Subd. 6.    Early intervention services.  "Early 
 intervention services" means services provided in conformity 
 with an individualized family service plan that are designed to 
 meet the special developmental needs of a child eligible under 
 Code of Federal Regulations, title 34, part 303, and the needs 
 of the child's family related to enhancing the child's 
 development and that are selected in collaboration with the 
 parent.  These services include core early intervention services 
 and additional early intervention services listed in section 
 125A.29 and services defined in Code of Federal Regulations, 
 title 34, section 303, et seq. 

    Subd. 7.    Early intervention system.  "Early 
 intervention system" means the total effort in the state to meet 
 the needs of eligible children and their families, including, 
 but not limited to: 

    (1) any public agency in the state that receives funds 
 under the Individuals with Disabilities Education Act, United 
 States Code, title 20, sections 1471 to 1485 (Part H, Public Law 
 Number 102-119); 

    (2) other state and local agencies administering programs 
 involved in the provision of early intervention services, 
 including, but not limited to: 

    (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, 
 United States Code, title 20, sections 1411 to 1420 (Part B); 

    (iii) medical assistance under the Social Security Act, 
 United States Code, title 42, section 1396 et seq.; 

    (iv) the Developmental Disabilities Assistance and Bill of 
 Rights Act, United States Code, title 42, sections 6021 to 6030 
 (Part B); and 

    (v) the Head Start Act, United States Code, title 42, 
 sections 9831 to 9852; and 

    (3) services provided by private groups or third-party 
 payers in conformity with an individualized family service plan. 

    Subd. 8.    Eligibility for Part H.  "Eligibility for 
 Part H" means eligibility for early childhood special education 
 under section 125A.02 and Minnesota Rules, part 3525.2335, 
 subpart 1, items A and B. 

    Subd. 9.    Facilitate payment.  "Facilitate payment" 
 means helping families access necessary public or private 
 assistance that provides payment for services required to meet 
 needs identified in a service plan, individual education plan 
 (IEP), individual service plan (ISP), or individualized family 
 service plan (IFSP), according to time frames required by the 
 plan.  This may also include activities to collect fees for 
 services provided on a sliding fee basis, where permitted by 
 state law. 

    Subd. 10.    Individualized family service plan.  
 "Individualized family service plan" or "IFSP" means a written 
 plan for providing services to a child and the child's family.  

    Subd. 11.    Interagency child find systems.  
 "Interagency child find systems" means activities developed on 
 an interagency basis with the involvement of interagency early 
 intervention committees and other relevant community groups to 
 actively seek out, identify, and refer infants and young 
 children with, or at risk of, disabilities, and their families. 

    Subd. 12.    Local primary agency.  "Local primary 
 agency" means the agency designated jointly by the school and 
 county board under section 125A.29. 

    Subd. 13.    Natural environments.  "Natural 
 environments" means the child's home and community settings in 
 which children without disabilities participate. 

    Subd. 14.    Parent.  "Parent" means the biological 
 parent with parental rights, adoptive parent, legal guardian, or 
 surrogate parent. 

    Subd. 15.    Part H state plan.  "Part H state plan" 
 means the annual state plan application approved by the federal 
 government under the Individuals with Disabilities Education 
 Act, United States Code, title 20, section 1471 et seq. (Part H, 
 Public Law Number 102-119). 

    Subd. 16.    Pay for.  "Pay for" means using federal, 
 state, local, and private dollars available for early 
 intervention services. 

    Subd. 17.    Respite.  "Respite" means short-term, 
 temporary care provided to a child with a disability due to the 
 temporary absence or need for relief of the family member or 
 members or primary caregiver, normally providing the care. 

    Subd. 18.    State lead agency.  "State lead agency" 
 means the state agency receiving federal funds under the 
 Individuals with Disabilities Education Act, United States Code, 
 title 20, section 1471 et seq. (Part H, Public Law Number 
 102-119). 

    Subd. 19.    Surrogate parent.  "Surrogate parent" means 
 a person appointed by the local education agency to assure that 
 the rights of the child to early intervention services are 
 protected.  A person cannot be a surrogate parent to a child for 
 whom the person provides early intervention services. 

    HIST: 1994 c 647 art 3 s 9,34; 1Sp1995 c 3 art 16 s 13; 1996 c 
 412 art 3 s 4,5; 1Sp1997 c 4 art 2 s 1; 1998 c 397 art 2 s 
 42-59,164; art 11 s 3; 1998 c 398 art 2 s 15-18; art 3 s 1; 1998 
 c 408 s 23 

     125A.28 State interagency coordinating council. 

    An interagency coordinating council of at least 17, but not 
 more than 25 members is established, in compliance with Public 
 Law Number 102-119, section 682.  The members must be appointed 
 by the governor.  Council members must elect the council chair.  
 The representative of the commissioner may not serve as the 
 chair.  The council must be composed of at least five parents, 
 including persons of color, of children with disabilities under 
 age 12, including at least three parents of a child with a 
 disability under age seven, five representatives of public or 
 private providers of services for children with disabilities 
 under age five, including a special education director, county 
 social service director, local Head Start director, and a 
 community health services or public health nursing 
 administrator, one member of the senate, one member of the house 
 of representatives, one representative of teacher preparation 
 programs in early childhood-special education or other 
 preparation programs in early childhood intervention, at least 
 one representative of advocacy organizations for children with 
 disabilities under age five, one physician who cares for young 
 children with special health care needs, one representative each 
 from the commissioners of commerce, children, families, and 
 learning, health, human services, a representative from the 
 state agency responsible for child care, and a representative 
 from Indian health services or a tribal council.  Section 
 15.059, subdivisions 2 to 5, apply to the council.  The council 
 must meet at least quarterly.  

    The council must address methods of implementing the state 
 policy of developing and implementing comprehensive, 
 coordinated, multidisciplinary interagency programs of early 
 intervention services for children with disabilities and their 
 families. 

    The duties of the council include recommending policies to 
 ensure a comprehensive and coordinated system of all state and 
 local agency services for children under age five with 
 disabilities and their families.  The policies must address how 
 to incorporate each agency's services into a unified state and 
 local system of multidisciplinary assessment practices, 
 individual intervention plans, comprehensive systems to find 
 children in need of services, methods to improve public 
 awareness, and assistance in determining the role of interagency 
 early intervention committees.  

    By June 1, the council must recommend to the governor and 
 the commissioners of children, families, and learning, health, 
 human services, commerce, and economic security policies for a 
 comprehensive and coordinated system. 

    Notwithstanding any other law to the contrary, the state 
 interagency coordinating council expires on June 30, 2001.  

    HIST: 1994 c 647 art 3 s 9,34; 1Sp1995 c 3 art 16 s 13; 1996 c 
 412 art 3 s 4,5; 1Sp1997 c 4 art 2 s 1; 1998 c 397 art 2 s 
 42-59,164; art 11 s 3; 1998 c 398 art 2 s 15-18; art 3 s 1; 1998 
 c 408 s 23 

*   NOTE:  This section was also amended by Laws 1997, chapter 
*192, section 19, and the last paragraph of that subdivision had 
*the state interagency coordinating council expiring on June 30, 
*1999.

     125A.29 Responsibilities of county boards and school 
  boards. 

    (a) It is the joint responsibility of county boards and 
 school boards to coordinate, provide, and pay for appropriate 
 services, and to facilitate payment for services from public and 
 private sources.  Appropriate services for children eligible 
 under section 125A.02 must be determined in consultation with 
 parents, physicians, and other educational, medical, health, and 
 human services providers.  The services provided must be in 
 conformity with an IFSP for each eligible infant and toddler 
 from birth through age two and its family, or an individual 
 education plan (IEP) or individual service plan (ISP) for each 
 eligible child ages three through four.  

    (b) Appropriate services include family education and 
 counseling, home visits, occupational and physical therapy, 
 speech pathology, audiology, psychological services, special 
 instruction, nursing, respite, nutrition, assistive technology, 
 transportation and related costs, social work, vision services, 
 case management including service coordination under section 
 125A.33, medical services for diagnostic and evaluation 
 purposes, early identification, and screening, assessment, and 
 health services necessary to enable children with disabilities 
 to benefit from early intervention services. 

    (c) School and county boards shall coordinate early 
 intervention services.  In the absence of agreements established 
 according to section 125A.39, service responsibilities for 
 children birth through age two are as follows: 

    (1) school boards must provide, pay for, and facilitate 
 payment for special education and related services required 
 under sections 125A.05 and 125A.06; 

    (2) county boards must provide, pay for, and facilitate 
 payment for noneducational services of social work, psychology, 
 transportation and related costs, nursing, respite, and 
 nutrition services not required under clause (1). 

    (d) School and county boards may develop an interagency 
 agreement according to section 125A.39 to establish agency 
 responsibility that assures early intervention services are 
 coordinated, provided, paid for, and that payment is facilitated 
 from public and private sources. 

    (e) County and school boards must jointly determine the 
 primary agency in this cooperative effort and must notify the 
 commissioner of the state lead agency of their decision.  

    HIST: 1994 c 647 art 3 s 9,34; 1Sp1995 c 3 art 16 s 13; 1996 c 
 412 art 3 s 4,5; 1Sp1997 c 4 art 2 s 1; 1998 c 397 art 2 s 
 42-59,164; art 11 s 3; 1998 c 398 art 2 s 15-18; art 3 s 1; 1998 
 c 408 s 23 

     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. 

    HIST: 1994 c 647 art 3 s 9,34; 1Sp1995 c 3 art 16 s 13; 1996 c 
 412 art 3 s 4,5; 1Sp1997 c 4 art 2 s 1; 1998 c 397 art 2 s 
 42-59,164; art 11 s 3; 1998 c 398 art 2 s 15-18; art 3 s 1; 1998 
 c 408 s 23; 1999 c 123 s 14 

     125A.31 Local primary agency. 

    (a) The local primary agency must: 

    (1) facilitate the development of annual fund requests that 
 identify arrangements with other local and regional agencies 
 providing services as part of the state's early childhood 
 intervention system and that result in service availability on a 
 year-round basis, as necessary; 

    (2) administer funds received through the annual fund 
 request; 

    (3) provide oversight for data collection efforts; 

    (4) facilitate completion of interagency early intervention 
 committee duties as indicated in section 125A.30; 

    (5) request mediation from the state lead agency, if 
 necessary; 

    (6) request assistance from the state lead agency when 
 disputes between agencies cannot be resolved within 20 calendar 
 days; and 

    (7) receive written requests from parents for matters that 
 may be resolved through due process hearings. 

    (b) When the local primary agency is not an education 
 agency, resources distributed under the early intervention fund 
 must be transferred from a local educational agency to a 
 noneducation agency using a state provided contract.  A local 
 primary agency may budget for indirect costs at an amount not to 
 exceed five percent of the amount allocated from the early 
 intervention fund. 

    HIST: 1994 c 647 art 3 s 9,34; 1Sp1995 c 3 art 16 s 13; 1996 c 
 412 art 3 s 4,5; 1Sp1997 c 4 art 2 s 1; 1998 c 397 art 2 s 
 42-59,164; art 11 s 3; 1998 c 398 art 2 s 15-18; art 3 s 1; 1998 
 c 408 s 23 

     125A.32 Individualized family service plan. 

    (a) A team must participate in IFSP meetings to develop the 
 IFSP.  The team shall include:  

    (1) a parent or parents of the child; 

    (2) other family members, as requested by the parent, if 
 feasible to do so; 

    (3) an advocate or person outside of the family, if the 
 parent requests that the person participate; 

    (4) the service coordinator who has been working with the 
 family since the initial referral, or who has been designated by 
 the public agency to be responsible for implementation of the 
 IFSP; and 

    (5) a person or persons involved in conducting evaluations 
 and assessments.  

    (b) The IFSP must include: 

    (1) information about the child's developmental status; 

    (2) family information, with the consent of the family; 

    (3) major outcomes expected to be achieved by the child and 
 the family that include the criteria, procedures, and timelines; 

    (4) specific early intervention services necessary to meet 
 the unique needs of the child and the family to achieve the 
 outcomes; 

    (5) payment arrangements, if any; 

    (6) medical and other services that the child needs, but 
 that are not required under the Individual with Disabilities 
 Education Act, United States Code, title 20, section 1471 et 
 seq. (Part H, Public Law Number 102-119) including funding 
 sources to be used in paying for those services and the steps 
 that will be taken to secure those services through public or 
 private sources; 

    (7) dates and duration of early intervention services; 

    (8) name of the service coordinator; 

    (9) steps to be taken to support a child's transition from 
 early intervention services to other appropriate services; and 

    (10) signature of the parent and authorized signatures of 
 the agencies responsible for providing, paying for, or 
 facilitating payment, or any combination of these, for early 
 intervention services.  

    HIST: 1994 c 647 art 3 s 9,34; 1Sp1995 c 3 art 16 s 13; 1996 c 
 412 art 3 s 4,5; 1Sp1997 c 4 art 2 s 1; 1998 c 397 art 2 s 
 42-59,164; art 11 s 3; 1998 c 398 art 2 s 15-18; art 3 s 1; 1998 
 c 408 s 23 

     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 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.  

    HIST: 1994 c 647 art 3 s 9,34; 1Sp1995 c 3 art 16 s 13; 1996 c 
 412 art 3 s 4,5; 1Sp1997 c 4 art 2 s 1; 1998 c 397 art 2 s 
 42-59,164; art 11 s 3; 1998 c 398 art 2 s 15-18; art 3 s 1; 1998 
 c 408 s 23; 1999 c 123 s 15 

     125A.34 Early intervention respite services. 

    The provision of respite services for an eligible child and 
 family must be determined in the context of the IFSP development 
 based on the individual needs of the child and family and with 
 consideration given to the following criteria: 

    (1) severity of the child's disability and needs; 

    (2) potential risk of out-of-home placement for the child 
 if respite services are not provided; 

    (3) parental lack of access to informal support systems, 
 including, but not limited to, extended family, supportive 
 friends, and community supports; 

    (4) presence of factors known to increase family stress, 
 including, but not limited to, family size and presence of 
 another child or family member with a disability; 

    (5) the availability of other public services provided to 
 the family that assist the parent or primary caretaker in 
 obtaining relief from caretaking responsibilities; and 

    (6) the perceived and expressed level of need for respite 
 services by the parent. 

    Counties are encouraged to make a variety of respite 
 service models available, which may include in or out-of-home 
 respite, family reimbursement programs, and parent-to-parent 
 respite projects.  

    HIST: 1994 c 647 art 3 s 9,34; 1Sp1995 c 3 art 16 s 13; 1996 c 
 412 art 3 s 4,5; 1Sp1997 c 4 art 2 s 1; 1998 c 397 art 2 s 
 42-59,164; art 11 s 3; 1998 c 398 art 2 s 15-18; art 3 s 1; 1998 
 c 408 s 23 

     125A.35 Early intervention service dollars. 

    Subdivision 1.    Lead agency; allocation of resources.  
 The state lead agency must administer the early intervention 
 account that consists of federal allocations.  The Part H state 
 plan must state the amount of federal resources in the early 
 intervention account available for use by local agencies.  The 
 state lead agency must distribute the funds to the local primary 
 agency based on a December 1 count of the prior year of Part H 
 eligible children for the following purposes:  

    (1) as provided in Code of Federal Regulations, title 34, 
 part 303.425, to arrange for payment for early intervention 
 services not elsewhere available, or to pay for services during 
 the pendency of a conflict procedure, including mediation, 
 complaints, due process hearings, and interagency disputes; and 

    (2) to support interagency child find system activities.  

    Subd. 2.    Priority funding.  The priority purpose for 
 this fund is subdivision 1, clause (1).  The local primary 
 agency must reallocate resources from the early intervention 
 fund as necessary in order to meet this priority. 

    Subd. 3.    Discretionary funding.  Nothing in this 
 subdivision limits the state lead agency's authority to allocate 
 discretionary federal funds for any purpose consistent with the 
 Individuals with Disabilities Education Act, United States Code, 
 title 20, sections 1471 to 1485 (Part H, Public Law Number 
 102-119) and regulations adopted under United States Code, title 
 20, sections 1471 to 1485. 

    Subd. 4.    Expenditures; early intervention services.  
 Each county board must continue to spend for early intervention 
 services under section 125A.27, subdivision 6, an amount equal 
 to the total county expenditure during the period from January 
 1, 1993, to December 31, 1993, for these same services.  The 
 commissioner of human services, in consultation with the 
 commissioner of health and the association of Minnesota 
 counties, must establish a process for determining base year 
 1993 expenditures. 

    Subd. 5.    Increased costs.  County boards that have 
 submitted base year 1993 expenditures as required under 
 subdivision 4 are not required to pay any increased cost over 
 the base year 1993 for early intervention services resulting 
 from implementing the early intervention system.  Increased 
 costs to county boards may be paid for with early intervention 
 service dollars. 

    Subd. 6.    School boards.  School boards are not 
 required to pay for services defined in section 125A.29, 
 paragraph (c), clause (2). 

    HIST: 1994 c 647 art 3 s 9,34; 1Sp1995 c 3 art 16 s 13; 1996 c 
 412 art 3 s 4,5; 1Sp1997 c 4 art 2 s 1; 1998 c 397 art 2 s 
 42-59,164; art 11 s 3; 1998 c 398 art 2 s 15-18; art 3 s 1; 1998 
 c 408 s 23; 1999 c 205 art 1 s 47,70 

     125A.36 Payment for services. 

    Core early intervention services must be provided at public 
 expense with no cost to parents.  Parents must be requested to 
 assist in the cost of additional early intervention services by 
 using third-party payment sources and applying for available 
 resources.  Payment structures permitted under state law must be 
 used to pay for additional early intervention services.  
 Parental financial responsibility must be clearly defined in the 
 IFSP.  A parent's inability to pay must not prohibit a child 
 from receiving needed early intervention services.  

    HIST: 1994 c 647 art 3 s 9,34; 1Sp1995 c 3 art 16 s 13; 1996 c 
 412 art 3 s 4,5; 1Sp1997 c 4 art 2 s 1; 1998 c 397 art 2 s 
 42-59,164; art 11 s 3; 1998 c 398 art 2 s 15-18; art 3 s 1; 1998 
 c 408 s 23 

     125A.37 Payor of last resort. 

    The state lead agency must maintain a reserve account from 
 federal sources to pay for services in dispute or to pay for 
 early intervention services when local agencies have exhausted 
 all other public and private funds available for Part H eligible 
 children. 

    HIST: 1994 c 647 art 3 s 9,34; 1Sp1995 c 3 art 16 s 13; 1996 c 
 412 art 3 s 4,5; 1Sp1997 c 4 art 2 s 1; 1998 c 397 art 2 s 
 42-59,164; art 11 s 3; 1998 c 398 art 2 s 15-18; art 3 s 1; 1998 
 c 408 s 23 

     125A.38 Maintenance of effort. 

    A county human services agency or county board must 
 continue to provide services set forth in their county social 
 service agency plan.  The county human services agency or county 
 board must serve children with disabilities under age five and 
 their families, or as specified in the IFSP for children with 
 disabilities, birth through age two, or the individual service 
 plan of each child.  Special instruction and related services 
 for which a child with a disability is eligible under this 
 section are the responsibility of the local school board.  It is 
 the joint responsibility of county boards and school boards to 
 coordinate, provide, and pay for all appropriate services 
 required in section 125A.29 and to facilitate payment for 
 services from public and private sources. 

    HIST: 1994 c 647 art 3 s 9,34; 1Sp1995 c 3 art 16 s 13; 1996 c 
 412 art 3 s 4,5; 1Sp1997 c 4 art 2 s 1; 1998 c 397 art 2 s 
 42-59,164; art 11 s 3; 1998 c 398 art 2 s 15-18; art 3 s 1; 1998 
 c 408 s 23 

     125A.39 Local interagency agreements. 

    School boards and the county board may enter into 
 agreements to cooperatively serve and provide funding for 
 children with disabilities, under age five, and their families 
 within a specified geographic area. 

    The local interagency agreement must address, at a minimum, 
 the following issues: 

    (1) responsibilities of local agencies on local interagency 
 early intervention committees (IEIC's), consistent with section 
 125A.38; 

    (2) assignment of financial responsibility for early 
 intervention services; 

    (3) methods to resolve intraagency and interagency 
 disputes; 

    (4) identification of current resources and recommendations 
 about the allocation of additional state and federal early 
 intervention funds under the auspices of 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); 

    (5) data collection; and 

    (6) other components of the local early intervention system 
 consistent with Public Law Number 102-119. 

    HIST: 1994 c 647 art 3 s 9,34; 1Sp1995 c 3 art 16 s 13; 1996 c 
 412 art 3 s 4,5; 1Sp1997 c 4 art 2 s 1; 1998 c 397 art 2 s 
 42-59,164; art 11 s 3; 1998 c 398 art 2 s 15-18; art 3 s 1; 1998 
 c 408 s 23 

     125A.40 Third-party payment. 

    Nothing in this section relieves an insurer or similar 
 third party from an otherwise valid obligation to pay, or 
 changes the validity of an obligation to pay, for services 
 rendered to a child with a disability, and the child's family. 

    HIST: 1994 c 647 art 3 s 9,34; 1Sp1995 c 3 art 16 s 13; 1996 c 
 412 art 3 s 4,5; 1Sp1997 c 4 art 2 s 1; 1998 c 397 art 2 s 
 42-59,164; art 11 s 3; 1998 c 398 art 2 s 15-18; art 3 s 1; 1998 
 c 408 s 23 

     125A.41 Coordinating health insurance benefits. 

    The department of health must provide technical assistance 
 in a timely manner to service coordinators, parents of children 
 with disabilities, and agencies in situations requiring the 
 coordination of health insurance benefits, or the identification 
 of third-party payor responsibilities to provide necessary 
 health benefits. 

    HIST: 1994 c 647 art 3 s 9,34; 1Sp1995 c 3 art 16 s 13; 1996 c 
 412 art 3 s 4,5; 1Sp1997 c 4 art 2 s 1; 1998 c 397 art 2 s 
 42-59,164; art 11 s 3; 1998 c 398 art 2 s 15-18; art 3 s 1; 1998 
 c 408 s 23 

     125A.42 Procedural safeguards; parent and child rights. 

    (a) This section applies to local school and county boards 
 for children from birth through age two who are eligible for 
 Part H, Public Law Number 102-119, and their families.  This 
 section must be consistent with the Individuals with 
 Disabilities Education Act, United States Code, title 20, 
 sections 1471 to 1485 (Part H, Public Law Number 102-119), 
 regulations adopted under United States Code, title 20, sections 
 1471 to 1485, and sections 125A.259 to 125A.48. 

    (b) A parent has the right to: 

    (1) inspect and review early intervention records; 

    (2) prior written notice of a proposed action in the 
 parents' native language unless it is clearly not feasible to do 
 so; 

    (3) give consent to any proposed action; 

    (4) selectively accept or decline any early intervention 
 service; and 

    (5) resolve issues regarding the identification, 
 evaluation, or placement of the child, or the provision of 
 appropriate early intervention services to the child and the 
 child's family through an impartial due process hearing pursuant 
 to section 125A.46. 

    (c) The eligible child has the right to have a surrogate 
 parent appointed by a school district as required by section 
 125A.07. 

    HIST: 1994 c 647 art 3 s 9,34; 1Sp1995 c 3 art 16 s 13; 1996 c 
 412 art 3 s 4,5; 1Sp1997 c 4 art 2 s 1; 1998 c 397 art 2 s 
 42-59,164; art 11 s 3; 1998 c 398 art 2 s 15-18; art 3 s 1; 1998 
 c 408 s 23 

     125A.43 Mediation procedure. 

    (a) The commissioner, or the commissioner's designee, of 
 the state lead agency must use federal funds to provide 
 mediation for the activities in paragraphs (b) and (c). 

    (b) A parent may resolve a dispute regarding issues in 
 section 125A.42, paragraph (b), clause (5), through mediation.  
 If the parent chooses mediation, all public agencies involved in 
 the dispute must participate in the mediation process.  The 
 parent and the public agencies must complete the mediation 
 process within 30 calendar days of the date the office of 
 dispute resolution receives a parent's written request for 
 mediation.  The mediation process may not be used to delay a 
 parent's right to a due process hearing.  The resolution of the 
 mediation is not binding on any party. 

    (c) Resolution of a dispute through mediation, or other 
 form of alternative dispute resolution, is not limited to formal 
 disputes arising from the objection of a parent or guardian and 
 is not limited to the period following a request for a due 
 process hearing. 

    (d) The commissioner shall provide training and resources 
 to school districts to facilitate early identification of 
 disputes and access to mediation. 

    (e) The local primary agency may request mediation on 
 behalf of involved agencies when there are disputes between 
 agencies regarding responsibilities to coordinate, provide, pay 
 for, or facilitate payment for early intervention services. 

    HIST: 1994 c 647 art 3 s 9,34; 1Sp1995 c 3 art 16 s 13; 1996 c 
 412 art 3 s 4,5; 1Sp1997 c 4 art 2 s 1; 1998 c 397 art 2 s 
 42-59,164; art 11 s 3; 1998 c 398 art 2 s 15-18; art 3 s 1; 1998 
 c 408 s 23 

     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. 

    HIST: 1994 c 647 art 3 s 9,34; 1Sp1995 c 3 art 16 s 13; 1996 c 
 412 art 3 s 4,5; 1Sp1997 c 4 art 2 s 1; 1998 c 397 art 2 s 
 42-59,164; art 11 s 3; 1998 c 398 art 2 s 15-18; art 3 s 1; 1998 
 c 408 s 23; 1999 c 123 s 16 

     125A.45 Interagency dispute procedure. 

    (a) A dispute between a school board and a county board 
 that is responsible for implementing the provisions of section 
 125A.29 regarding early identification, child and family 
 assessment, service coordination, and IFSP development and 
 implementation must be resolved according to this subdivision 
 when the dispute involves services provided to children and 
 families eligible under the Individuals with Disabilities 
 Education Act, United States Code, title 20, section 1471 et 
 seq. (Part H, Public Law Number 102-119). 

    (b) A dispute occurs when the school board and county board 
 are unable to agree as to who is responsible to coordinate, 
 provide, pay for, or facilitate payment for services from public 
 and private sources. 

    (c) Written and signed disputes must be filed with the 
 local primary agency. 

    (d) The local primary agency must attempt to resolve the 
 matter with the involved school board and county board and may 
 request mediation from the commissioner of the state lead agency 
 for this purpose. 

    (e) When interagency disputes have not been resolved within 
 30 calendar days, the local primary agency must request the 
 commissioner of the state lead agency to review the matter with 
 the commissioners of health and human services and make a 
 decision.  The commissioner must provide a consistent process 
 for reviewing those procedures.  The commissioners' decision is 
 binding subject to the right of an aggrieved party to appeal to 
 the state court of appeals. 

    (f) The local primary agency must ensure that eligible 
 children and their families receive early intervention services 
 during resolution of a dispute.  While a local dispute is 
 pending, the local primary agency must either assign financial 
 responsibility to an agency or pay for the service from the 
 early intervention account under section 125A.35.  If in 
 resolving the dispute, it is determined that the assignment of 
 financial responsibility was inappropriate, the responsibility 
 for payment must be reassigned to the appropriate agency and the 
 responsible agency must make arrangements for reimbursing any 
 expenditures incurred by the agency originally assigned 
 financial responsibility. 

    HIST: 1994 c 647 art 3 s 9,34; 1Sp1995 c 3 art 16 s 13; 1996 c 
 412 art 3 s 4,5; 1Sp1997 c 4 art 2 s 1; 1998 c 397 art 2 s 
 42-59,164; art 11 s 3; 1998 c 398 art 2 s 15-18; art 3 s 1; 1998 
 c 408 s 23 

     125A.46 Due process hearings. 

    The procedures for due process hearings and appeals must be 
 the same as those in section 125A.09.  The responsibility for 
 payment of costs and conducting due process hearings and appeals 
 shall be allocated to the appropriate agency in accordance with 
 sections 125A.30, 125A.39, and 125A.42. 

    HIST: 1994 c 647 art 3 s 9,34; 1Sp1995 c 3 art 16 s 13; 1996 c 
 412 art 3 s 4,5; 1Sp1997 c 4 art 2 s 1; 1998 c 397 art 2 s 
 42-59,164; art 11 s 3; 1998 c 398 art 2 s 15-18; art 3 s 1; 1998 
 c 408 s 23 

     125A.47 Data collection. 

    By July 1, 1994, the departments of children, families, and 
 learning, health, and human services must develop a plan to 
 collect data about which early intervention services are being 
 provided to children and families eligible under the Individuals 
 with Disabilities Education Act, United States Code, title 20, 
 section 1471 et seq. (Part H, Public Law Number 102-119) and 
 sources of payment for those services.  

    HIST: 1994 c 647 art 3 s 9,34; 1Sp1995 c 3 art 16 s 13; 1996 c 
 412 art 3 s 4,5; 1Sp1997 c 4 art 2 s 1; 1998 c 397 art 2 s 
 42-59,164; art 11 s 3; 1998 c 398 art 2 s 15-18; art 3 s 1; 1998 
 c 408 s 23 

     125A.48 State interagency agreement. 

    (a) The commissioners of the departments of children, 
 families, and learning, health, and human services must enter 
 into an agreement to implement this section and Part H, Public 
 Law Number 102-119, and as required by Code of Federal 
 Regulations, title 34, section 303.523, to promote the 
 development and implementation of interagency, coordinated, 
 multidisciplinary state and local early childhood intervention 
 service systems for serving eligible young children with 
 disabilities, birth through age two, and their families.  The 
 agreement must be reviewed annually. 

    (b) The state interagency agreement must outline at a 
 minimum the conditions, procedures, purposes, and 
 responsibilities of the participating state and local agencies 
 for the following: 

    (1) membership, roles, and responsibilities of a state 
 interagency committee for the oversight of priorities and budget 
 allocations under Part H, Public Law Number 102-119, and other 
 state allocations for this program; 

    (2) child find; 

    (3) establishment of local interagency agreements; 

    (4) review by a state interagency committee of the 
 allocation of additional state and federal early intervention 
 funds by local agencies; 

    (5) fiscal responsibilities of the state and local 
 agencies; 

    (6) intraagency and interagency dispute resolution; 

    (7) payor of last resort; 

    (8) maintenance of effort; 

    (9) procedural safeguards, including mediation; 

    (10) complaint resolution; 

    (11) quality assurance; 

    (12) data collection; 

    (13) an annual summary to the state interagency 
 coordinating council regarding conflict resolution activities 
 including disputes, due process hearings, and complaints; and 

    (14) other components of the state and local early 
 intervention system consistent with Public Law Number 102-119. 

 Written materials must be developed for parents, IEIC's, and 
 local service providers that describe procedures developed under 
 this section as required by Code of Federal Regulations, title 
 34, section 303. 

    HIST: 1994 c 647 art 3 s 9,34; 1Sp1995 c 3 art 16 s 13; 1996 c 
 412 art 3 s 4,5; 1Sp1997 c 4 art 2 s 1; 1998 c 397 art 2 s 
 42-59,164; art 11 s 3; 1998 c 398 art 2 s 15-18; art 3 s 1; 1998 
 c 408 s 23 

     125A.50 Alternative delivery of specialized 
  instructional services. 

    Subdivision 1.    Commissioner approval.  The 
 commissioner may approve applications from districts to provide 
 prevention services as an alternative to special education and 
 other compensatory programs.  A district with an approved 
 program may provide instruction and services in a regular 
 education classroom, or an area learning center, to eligible 
 pupils.  Pupils eligible to participate in the program are 
 low-performing pupils who, based on documented experience, the 
 professional judgment of a classroom teacher, or a team of 
 licensed professionals, would eventually qualify for special 
 education instruction or related services under sections 125A.03 
 to 125A.24 and 125A.65 if the intervention services authorized 
 by this section were unavailable.  Pupils may be provided 
 services during extended school days and throughout the entire 
 year and through the assurance of mastery program under sections 
 125A.03 to 125A.24 and 125A.65. 

    Subd. 2.    Application contents.  The application must 
 set forth: 

    (1) instructional services available to eligible pupils 
 under section 124D.66, subdivision 2, and pupils with a 
 disability under section 125A.02; 

    (2) criteria to select pupils for the program and the 
 assessment procedures to determine eligibility; 

    (3) involvement in the program of parents of pupils in the 
 program, parent advocates, and community special education 
 advocates; 

    (4) accounting procedures to document that federal special 
 education money is used to supplement or increase the level of 
 special education instruction and related services provided with 
 state and local revenue, but in no case to supplant the state 
 and local revenue, and that districts are expending at least the 
 amount for special education instruction and related services 
 required by federal law; 

    (5) the role of regular and special education teachers in 
 planning and implementing the program; and 

    (6) other information requested by the commissioner.  

    Subd. 3.    Evaluation.  The application must also set 
 forth the review and evaluation procedures to be used by the 
 district addressing at least the following:  

    (1) the number of pupils with and without a disability 
 served; 

    (2) the impact of the program on the academic progress and 
 social adjustment of the pupils; 

    (3) the level of satisfaction teachers, parents, and pupils 
 have with the program; 

    (4) the effect of the program on the number of referrals 
 for special education, federal chapter 1, and other programs; 

    (5) the amount of time spent by teachers on procedural 
 activities; 

    (6) the increased amount of time the pupil is in a regular 
 education classroom; and 

    (7) cost implications.  

    Subd. 4.    Review for excess expenditures.  The 
 commissioner must review each application to determine whether 
 the personnel, equipment, supplies, residential aid, and summer 
 school are necessary to meet the district's obligation to 
 provide special instruction and services to children with a 
 disability according to sections 125A.03 to 125A.24 and 
 125A.65.  The commissioner may not approve revenue for any 
 expenditures determined to be unnecessary. 

    Subd. 5.    Annual report.  Each year the district must 
 submit to the commissioner a report containing the information 
 described in subdivision 3.  

    Subd. 6.    Pupil rights.  A pupil participating in the 
 program must be individually evaluated according to the pupil's 
 actual abilities and needs.  A pupil who is eligible for 
 services under sections 125A.03 to 125A.24 and 125A.65 is 
 entitled to procedural protections provided under United States 
 Code, title 20, section 33, in any matter that affects the 
 identification, evaluation, placement, or change in placement of 
 a pupil.  The district must ensure the protection of a pupil's 
 civil rights, provide equal educational opportunities, and 
 prohibit discrimination.  Failure to comply with this 
 subdivision will at least cause a district to become ineligible 
 to participate in the program.  Notwithstanding rules of the 
 department of children, families, and learning, a pupil's rights 
 under this section cannot be waived by the commissioner. 

    HIST: 1991 c 265 art 3 s 3,38; 1Sp1995 c 3 art 16 s 13; 1998 c 
 397 art 2 s 61-64,164; art 11 s 3; 1998 c 398 art 2 s 19,20; 
 1998 c 398 art 5 s 55; 1999 c 241 art 2 s 16,17 

     125A.51 Placement of children without disabilities; 
  education and transportation. 

    The responsibility for providing instruction and 
 transportation for a pupil without a disability who has a 
 short-term or temporary physical or emotional illness or 
 disability, as determined by the standards of the commissioner, 
 and who is temporarily placed for care and treatment for that 
 illness or disability, must be determined as provided in this 
 section.  

    (a) The school district of residence of the pupil is the 
 district in which the pupil's parent or guardian resides. 

    (b) When parental rights have been terminated by court 
 order, the legal residence of a child placed in a residential or 
 foster facility for care and treatment is the district in which 
 the child resides when parental rights have been terminated. 

    (c) Before the placement of a pupil for care and treatment, 
 the district of residence must be notified and provided an 
 opportunity to participate in the placement decision.  When an 
 immediate emergency placement is necessary and time does not 
 permit resident district participation in the placement 
 decision, the district in which the pupil is temporarily placed, 
 if different from the district of residence, must notify the 
 district of residence of the emergency placement within 15 days 
 of the placement.  

    (d) When a pupil without a disability is temporarily placed 
 for care and treatment in a day program and the pupil continues 
 to live within the district of residence during the care and 
 treatment, the district of residence must provide instruction 
 and necessary transportation to and from the treatment facility 
 for the pupil.  Transportation shall only be provided by the 
 district during regular operating hours of the district.  The 
 district may provide the instruction at a school within the 
 district of residence, at the pupil's residence, or in the case 
 of a placement outside of the resident district, in the district 
 in which the day treatment program is located by paying tuition 
 to that district.  The district of placement may contract with a 
 facility to provide instruction by teachers licensed by the 
 state board of teaching.  

    (e) When a pupil without a disability is temporarily placed 
 in a residential program for care and treatment, the district in 
 which the pupil is placed must provide instruction for the pupil 
 and necessary transportation while the pupil is receiving 
 instruction, and in the case of a placement outside of the 
 district of residence, the nonresident district must bill the 
 district of residence for the actual cost of providing the 
 instruction for the regular school year and for summer school, 
 excluding transportation costs.  When a pupil without a 
 disability is temporarily placed in a residential program 
 outside the district of residence, the administrator of the 
 court placing the pupil must send timely written notice of the 
 placement to the district of residence.  The district of 
 placement may contract with a residential facility to provide 
 instruction by teachers licensed by the state board of teaching. 
 For purposes of this section, the state correctional facilities 
 operated on a fee-for-service basis are considered to be 
 residential programs for care and treatment. 

    (f) The district of residence must include the pupil in its 
 residence count of pupil units and pay tuition as provided in 
 section 123A.488 to the district providing the instruction.  
 Transportation costs must be paid by the district providing the 
 transportation and the state must pay transportation aid to that 
 district.  For purposes of computing state transportation aid, 
 pupils governed by this subdivision must be included in the 
 disabled transportation category.  

    HIST: 1982 c 548 art 1 s 1; 1988 c 486 s 6; 1991 c 265 art 3 s 
 4,38; 1992 c 499 art 3 s 8; 1Sp1995 c 3 art 16 s 13; 1996 c 412 
 art 2 s 3; 1Sp1997 c 4 art 2 s 2; 1998 c 397 art 2 s 65,164; art 
 11 s 3; 1998 c 398 art 2 s 21; art 5 s 55; 1999 c 241 
 art 2 s 18 

     125A.515 Placement of children without disabilities; 
  approval of education program. 

    The commissioner shall approve education programs in care 
 and treatment facilities for placement of children without 
 disabilities, including detention centers, before being licensed 
 by the department of human services or the department of 
 corrections. 

    HIST: 1999 c 241 art 2 s 19 

*   NOTE:  This section, as added by Laws 1999, chapter 241, 
*article 2, section 19, is effective July 1, 2000.  Laws 1999, 
*chapter 241, article 2, section 63.

     125A.52 Residential treatment facilities; departments of 
  human services and corrections education screening. 

    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.  

    Subd. 2.    Rulemaking.  The commissioner may, in 
 consultation with the commissioners of corrections and human 
 services, make or amend rules relating to education programs in 
 residential treatment facilities, if necessary, to implement 
 this section. 

    HIST: 1995 c 226 art 3 s 4; 1Sp1995 c 3 art 16 s 13; 1998 c 
 397 art 2 s 66,164; 1998 c 398 art 5 s 55; 1999 c 123 s 17 

     125A.53 Director of a special education cooperative. 

    The authority for the selection and employment of the 
 director of a special education cooperative established pursuant 
 to sections 125A.03 to 125A.24 and 125A.65 or section 471.59 is 
 vested in the governing board of the cooperative.  
 Notwithstanding the provisions of section 122A.40, subdivision 
 10 or 11, no individual shall have a right to employment as a 
 director based on seniority or order of employment by the 
 cooperative.  

    HIST: 1983 c 314 art 7 s 5; 1998 c 397 art 2 s 67,164; art 11 
 s 3 

     125A.54 Interagency office on transition services. 

    The commissioner must establish an interagency office on 
 transition services to:  

    (1) gather and coordinate data on transition services for 
 secondary age pupils with a disability; 

    (2) provide information, consultation, and technical 
 assistance to state and local agencies involved in the delivery 
 of services to pupils with a disability in transition from 
 secondary school programs to employment and post-secondary 
 training programs; 

    (3) assist agencies in establishing local interagency 
 agreements to assure the necessary services for efficient and 
 appropriate transition from school to work or post-secondary 
 training programs; and 

    (4) assist regions and local areas in planning interagency 
 in-service training to develop and improve transition services.  

    HIST: 1Sp1985 c 12 art 3 s 9; 1991 c 265 art 3 s 38; 1Sp1995 c 
 3 art 16 s 13; 1998 c 397 art 2 s 68,164 

     125A.55 Accommodating students with disabilities. 

    A school or district must provide a student who is an 
 "individual with a disability" under Section 504 of the 
 Rehabilitation Act of 1973, United States Code, title 29, 
 section 794, or under the Americans with Disabilities Act, 
 Public Law Number 101-336, with reasonable accommodations or 
 modifications in programs.  

    HIST: 1994 c 647 art 3 s 10; 1998 c 397 art 2 s 69,164 

     125A.56 Alternate instruction required before assessment 
  referral; waiver. 

    (a) Before a pupil is referred for a special education 
 assessment, the district must conduct and document at least two 
 instructional strategies, alternatives, or interventions while 
 the pupil is in the regular classroom.  The pupil's teacher must 
 provide the documentation.  A special education assessment team 
 may waive this requirement when they determine the pupil's need 
 for the assessment is urgent.  This section may not be used to 
 deny a pupil's right to a special education assessment. 

    (b) A school district shall use alternative intervention 
 services, including the assurance of mastery program under 
 section 124D.66 and the supplemental early education program 
 under section 124D.081, to serve at-risk students who 
 demonstrate a need for alternative instructional strategies or 
 interventions. 

    HIST: 1989 c 329 art 3 s 21; 1998 c 397 art 2 s 164; art 11 s 
 3; 1998 c 398 art 2 s 38 

     125A.57 Definition. 

    Subdivision 1.    Applicability.  For the purposes of 
 sections 125A.57 to 125A.60, the following terms have the 
 meanings given them. 

    Subd. 2.    Assistive technology device.  "Assistive 
 technology device" means any item, piece of equipment, software, 
 or product system, whether acquired commercially off the shelf, 
 modified, or customized, that is used to increase, maintain, or 
 improve functional capabilities of children with disabilities. 

    HIST: 1996 c 412 art 3 s 6; 1998 c 397 art 2 s 164; art 11 s 3 

     125A.58 Purchasing guidelines. 

    Subdivision 1.    Rights of districts to purchase 
 school-owned assistive technology.  (a) When a child with a 
 disability exits a district and enters a new district, the 
 child's new district may purchase any assistive technology 
 devices that the child's former district has purchased on the 
 child's behalf.  The child's new district must notify, in 
 writing, the child's former district of the intent to purchase 
 the device.  The child's new district must complete a purchase 
 agreement according to section 125A.36.  The child's former 
 district must respond, in writing, to the request to purchase 
 within 30 days.  

    (b) Districts may decline to sell a device if they can 
 demonstrate the technology is a general use device or can be 
 modified for use by other students. 

    Subd. 2.    Liability for used equipment.  The child's 
 former district is not liable for any nonconformities in the 
 equipment after it is purchased by the child's new district, or 
 for injuries arising out of the use of the assistive technology 
 device.  This section does not foreclose the child's right to 
 bring suit against the manufacturer, assistive device lessor, or 
 assistive device dealer for nonconformities in or injuries 
 arising out of the use of the assistive technology device. 

    Subd. 3.    Third-party payors.  Nothing contained in 
 this section may be construed as decreasing the obligation of an 
 insurance company or other third-party payor to provide coverage 
 for assistive technology. 

    HIST: 1996 c 412 art 3 s 7; 1998 c 397 art 2 s 70,164 

     125A.59 Interagency agreement to purchase used assistive 
  technology devices. 

    Subdivision 1.    Option to purchase by department of 
 economic security.  (a) When a child with a disability 
 transitions into a work environment or enrolls in a 
 post-secondary course or program, the department of economic 
 security may purchase any assistive technology device that the 
 child's former district purchased on the child's behalf. 

    (b) The department of economic security may purchase an 
 assistive technology device initially purchased by a district 
 for a child who is currently a recipient of rehabilitation 
 services and who needs the identical assistive technology device 
 as stated on the recipient's individual written rehabilitation 
 plan.  The purchase may be made not more than three months 
 before the child exits the district. 

    Subd. 2.    Liability for used equipment.  The 
 department of economic security and the department of children, 
 families, and learning are not liable for any nonconformities in 
 the equipment after it is purchased by the department of 
 economic security, or for injuries arising out of the use of the 
 assistive technology device.  This section does not foreclose 
 the child's right to bring suit against the manufacturer, 
 assistive device lessor, or assistive device dealer for 
 nonconformities in or injuries arising out of the use of the 
 assistive technology device. 

    Subd. 3.    Third-party payor.  Nothing contained in 
 this section may be construed as decreasing the obligation of an 
 insurance company or other third-party payor to provide coverage 
 for assistive technology. 

    HIST: 1996 c 412 art 3 s 8; 1998 c 397 art 2 s 71,164 

     125A.60 Purchase agreement; price formula. 

    The commissioner must develop guidelines for the sale of 
 used assistive technology including a purchase agreement, a 
 formula for establishing the sale price, and other terms and 
 conditions of the sale. 

    HIST: 1996 c 412 art 3 s 9; 1998 c 397 art 2 s 72,164 

     125A.61 Location and status. 

    Subdivision 1.    State schools at Faribault.  The 
 Minnesota state academy for the deaf and the Minnesota state 
 academy for the blind are residential schools in Faribault.  
 They are public schools under sections 122A.15, 122A.16, and 
 122A.32 and state educational institutions. 

    Subd. 2.    Resource center.  The state academies are a 
 resource center for school districts. 

    HIST: 1976 c 271 s 66; 1985 c 240 s 2; 1987 c 398 art 3 s 27; 
 1989 c 220 s 2; 1998 c 397 art 11 s 3 

     125A.62 Duties of the board of the Minnesota state 
  academies. 

    Subdivision 1.    Governance.  The board of the 
 Minnesota state academies shall govern the state academies for 
 the deaf and the state academy for the blind.  The board must 
 promote academic standards based on high expectation and an 
 assessment system to measure academic performance toward the 
 achievement of those standards.  The board must focus on the 
 academies' needs as a whole and not prefer one school over the 
 other.  The board of the Minnesota state academies shall consist 
 of nine persons.  The members of the board shall be appointed by 
 the governor with the advice and consent of the senate.  One 
 member must be from the seven-county metropolitan area, one 
 member must be from greater Minnesota, and one member may be 
 appointed at-large.  The board must be composed of: 

    (1) one present or former superintendent of an independent 
 school district; 

    (2) one present or former special education director; 

    (3) the commissioner of children, families, and learning or 
 the commissioner's designee; 

    (4) one member of the blind community; 

    (5) one member of the deaf community; 

    (6) two members of the general public with business, 
 administrative, or financial expertise; 

    (7) one nonvoting, unpaid ex officio member appointed by 
 the site council for the state academy for the deaf; and 

    (8) one nonvoting, unpaid ex officio member appointed by 
 the site council for the state academy for the blind. 

    Subd. 2.    Terms; compensation; and other.  The 
 membership terms, compensation, removal of members, and filling 
 of vacancies shall be as provided for in section 15.0575.  
 Notwithstanding section 15.0575, a member may serve not more 
 than two consecutive four-year terms. 

    Subd. 3.    Meetings.  All meetings of the board shall 
 be as provided in section 471.705 and must be held in Faribault. 

    Subd. 4.    Most beneficial, least restrictive.  The 
 board must do what is necessary to provide the most beneficial 
 and least restrictive program of education for each pupil at the 
 academies who is handicapped by visual disability or deafness.  

    Subd. 5.    Planning, evaluation, and reporting.  To the 
 extent required in school districts, the board must establish a 
 process for the academies to include parent and community input 
 in the planning, evaluation, and reporting of curriculum and 
 pupil achievement. 

    Subd. 6.    Site councils.  The board must establish, 
 and appoint members to, a site council at each academy.  The 
 site councils shall exercise power and authority granted by the 
 board.  The board must appoint to each site council the 
 exclusive representative's employee designee from each exclusive 
 representative at the academies.  The site councils may make a 
 recommendation to the governor regarding board appointments no 
 more than 30 days after receiving the list of applicants from 
 the governor. 

    Subd. 7.    Trustee of academies' property.  The board 
 is the trustee of the academies' property.  Securities and 
 money, including income from the property, must be deposited in 
 the state treasury according to section 16A.275.  The deposits 
 are subject to the order of the board.  

    Subd. 8.    Grants.  The board, through the chief 
 administrators of the academies, may apply for all competitive 
 grants administered by agencies of the state and other 
 government or nongovernment sources.  Application may not be 
 made for grants over which the board has discretion. 

    HIST: 1975 c 271 s 6; 1976 c 222 s 27; 1976 c 271 s 67; 1977 c 
 447 art 3 s 10,11; 1977 c 449 s 13; 1978 c 764 s 95,96; 1979 c 
 334 art 3 s 17; 1982 c 424 s 130; 1982 c 560 s 46; 1985 c 240 s 
 3; 1987 c 384 art 1 s 55; art 2 s 1; 1987 c 398 art 3 s 28,29; 
 1989 c 220 s 2; 1991 c 265 art 11 s 11; 1Sp1995 c 3 art 11 s 
 5-8; 1Sp1997 c 4 art 10 s 1; 1998 c 398 art 5 s 14-21; 1999 c 
 241 art 2 s 20 

     125A.63 Resource centers; deaf or hard of hearing and 
  blind or visually impaired. 

    Subdivision 1.    Also for multiply disabled.  Resource 
 centers for the deaf or hard of hearing, and the blind or 
 visually impaired, each also serving multiply disabled pupils, 
 are transferred to the department of children, families, and 
 learning. 

    Subd. 2.    Programs.  The resource centers must offer 
 summer institutes and like programs throughout the state for 
 deaf or hard of hearing, blind or visually impaired, and 
 multiply disabled pupils.  The resource centers must also offer 
 workshops for teachers, and leadership development for teachers. 

    A program offered through the resource centers must promote 
 and develop education programs offered by school districts or 
 other organizations.  The program must assist school districts 
 or other organizations to develop innovative programs. 

    Subd. 3.    Programs by nonprofits.  The resource 
 centers may contract to have nonprofit organizations provide 
 programs through the resource centers. 

    Subd. 4.    Advisory committees.  The special education 
 advisory council shall establish an advisory committee for each 
 resource center.  The advisory committees shall develop 
 recommendations regarding the resource centers. 

    HIST: 1987 c 398 art 3 s 30; 1989 c 220 s 2; 1991 c 265 art 3 
 s 38; 1Sp1995 c 3 art 11 s 9; art 16 s 13 

     125A.64 Powers of board of the Minnesota state academies.

    Subdivision 1.    Personnel.  The board of the Minnesota 
 state academies may employ central administrative staff members 
 and other personnel necessary to provide and support programs 
 and services at each academy.  

    Subd. 2.    Get help from department.  The board of the 
 Minnesota state academies may require the department of 
 children, families, and learning to provide program leadership, 
 program monitoring, and technical assistance at the academies.  

    Subd. 3.    Unclassified positions.  The board of the 
 Minnesota state academies may place any position other than 
 residential academies administrator in the unclassified 
 service.  The position must meet the criteria in section 43A.08, 
 subdivision 1a.  

    Subd. 4.    Residential and building maintenance services. 
  The board of the Minnesota state academies may enter into 
 agreements with public or private agencies or institutions to 
 provide residential and building maintenance services.  The 
 board of the Minnesota state academies must first decide that 
 contracting for the services is more efficient and less 
 expensive than not contracting for them.  

    Subd. 5.    Student teachers and professional trainees.  
 (a) The board of the Minnesota state academies may enter into 
 agreements with teacher preparation institutions for student 
 teachers to get practical experience at the academies.  A 
 licensed teacher must provide appropriate supervision of each 
 student teacher.  

    (b) The board of the Minnesota state academies may enter 
 into agreements with accredited higher education institutions 
 for certain student trainees to get practical experience at the 
 academies.  The students must be preparing themselves in a 
 professional field that provides special services to children 
 with a disability in school programs.  To be a student trainee 
 in a field, a person must have completed at least two years of 
 an approved program in the field.  A person who is licensed or 
 registered in the field must provide appropriate supervision of 
 each student trainee.  

    Subd. 6.    Exemption to September 1 school start 
 restriction.  Notwithstanding section 120A.40, subdivision 1, 
 the board of the Minnesota state academies for the deaf and 
 blind may begin the school year any day prior to September 1. 

    HIST: 1989 c 220 s 2; 1991 c 265 art 3 s 38; 1Sp1995 c 3 art 
 11 s 10,11; art 16 s 13; 1998 c 398 art 5 s 22; 1999 c 241 art 2 
 s 21; art 10 s 1 

*   NOTE:  The amendment to this section by Laws 1999, chapter 
*241, article 2, section 21, is effective July 1, 2000.  Laws 
*1999, chapter 241, article 2, section 63.

     125A.65 Attendance at academies for the deaf and blind. 

    Subdivision 1.    Responsibility allocated.  
 Responsibility for special instruction and services for a 
 visually disabled or hearing impaired child attending the 
 Minnesota state academy for the deaf or the Minnesota state 
 academy for the blind must be determined in subdivisions 2 to 10.

    Subd. 2.    Child's legal residence.  The legal 
 residence of the child is the district in which the child's 
 parent or guardian resides. 

    Subd. 3.    Educational program; tuition.  When it is 
 determined pursuant to section 125A.69, subdivision 1 or 2, that 
 the child is entitled to attend either school, the board of the 
 Minnesota state academies must provide the appropriate 
 educational program for the child.  The board of the Minnesota 
 state academies must make a tuition charge to the child's 
 district of residence for the cost of providing the program.  
 The amount of tuition charged must not exceed the basic revenue 
 of the district for that child, for the amount of time the child 
 is in the program.  For purposes of this subdivision, "basic 
 revenue" has the meaning given it in section 126C.10, 
 subdivision 2.  The district of the child's residence must pay 
 the tuition and may claim general education aid for the child.  
 Tuition received by the board of the Minnesota state academies, 
 except for tuition received under subdivision 4, must be 
 deposited in the state treasury as provided in subdivision 8. 

    Subd. 4.    Unreimbursed costs.  In addition to the 
 tuition charge allowed in subdivision 3, the academies may 
 charge the child's district of residence for the academy's 
 unreimbursed cost of providing an instructional aide assigned to 
 that child, if that aide is required by the child's individual 
 education plan.  Tuition received under this paragraph must be 
 used by the academies to provide the required service. 

    Subd. 5.    Providing appropriate educational programs.  
 When it is determined that the child can benefit from public 
 school enrollment but that the child should also remain in 
 attendance at the applicable school, the district where the 
 institution is located must provide an appropriate educational 
 program for the child and must make a tuition charge to the 
 board of the Minnesota state academies for the actual cost of 
 providing the program, less any amount of aid received pursuant 
 to section 125A.75.  The board of the Minnesota state academies 
 must pay the tuition and other program costs including the 
 unreimbursed transportation costs.  Aids for children with a 
 disability must be paid to the district providing the special 
 instruction and services.  Special transportation must be 
 provided by the district providing the educational program and 
 the state must reimburse that district within the limits 
 provided by law.  

    Subd. 6.    Tuition reduction.  Notwithstanding the 
 provisions of subdivisions 3 and 5, the board of the Minnesota 
 state academies may agree to make a tuition charge for less than 
 the amount specified in subdivision 3 for pupils attending the 
 applicable school who are residents of the district where the 
 institution is located and who do not board at the institution, 
 if that district agrees to make a tuition charge to the board of 
 the Minnesota state academies for less than the amount specified 
 in subdivision 5 for providing appropriate educational programs 
 to pupils attending the applicable school. 

    Subd. 7.    Staff allocation.  Notwithstanding the 
 provisions of subdivisions 3 and 5, the board of the Minnesota 
 state academies may agree to supply staff from the Minnesota 
 state academy for the deaf and the Minnesota state academy for 
 the blind to participate in the programs provided by the 
 district where the institutions are located when the programs 
 are provided to students in attendance at the state schools.  

    Subd. 8.    Student count; tuition.  On May 1 of each 
 year, the board of the Minnesota state academies shall count the 
 actual number of Minnesota resident kindergarten and elementary 
 students and the actual number of Minnesota resident secondary 
 students enrolled and receiving education services at the 
 Minnesota state academy for the deaf and the Minnesota state 
 academy for the blind.  The board of the Minnesota state 
 academies shall deposit in the state treasury an amount equal to 
 all tuition received less:  

    (1) the total number of students on May 1 less 175, times 
 the ratio of the number of kindergarten and elementary students 
 to the total number of students on May 1, times the general 
 education formula allowance; plus 

    (2) the total number of students on May 1 less 175, times 
 the ratio of the number of secondary students on May 1 to the 
 total number of students on May 1, times 1.3, times the general 
 education formula allowance.  

    Subd. 9.    Calculation.  The sum provided by the 
 calculation in subdivision 8, clauses (1) and (2), must be 
 deposited in the state treasury and credited to the general 
 operation account of the academy for the deaf and the academy 
 for the blind.  

    Subd. 10.    Annual appropriation.  There is annually 
 appropriated to the department for the Minnesota state academies 
 the tuition amounts received and credited to the general 
 operation account of the academies under this section.  A 
 balance in an appropriation under this paragraph does not cancel 
 but is available in successive fiscal years.  

    HIST: Ex1959 c 71 art 1 s 17; 1961 c 559 s 2; 1961 c 690 s 1; 
 1965 c 241 s 1-3; 1967 c 872 s 1; 1969 c 981 s 2-5; 1971 c 689 s 
 1-3; 1973 c 683 s 1,2; 1975 c 162 s 41; 1975 c 321 s 2; 1975 c 
 432 s 8-10; 1976 c 211 s 1-6; 1976 c 271 s 13-18; 1977 c 447 art 
 3 s 1-4; 1977 c 449 s 12; 1978 c 733 s 1; 1978 c 764 s 3-5; 1978 
 c 793 s 61; 1979 c 334 art 2 s 1,2; art 3 s 2,3; 1980 c 509 s 
 30; 1981 c 358 art 1 s 1; art 3 s 2-7; 1982 c 424 s 28,29,130; 
 1982 c 548 art 3 s 1-3; 1983 c 247 s 55; 1983 c 258 s 13; 1983 c 
 314 art 1 s 22; art 3 s 1; 1984 c 463 art 3 s 1; 1984 c 654 art 
 5 s 58; 1Sp1985 c 12 art 3 s 2-8; 1986 c 444; 1987 c 384 art 2 s 
 24; 1987 c 398 art 3 s 2-14; 1988 c 486 s 2-5; 1988 c 629 s 24; 
 1988 c 718 art 3 s 1; art 6 s 2; 1989 c 209 art 2 s 1; 1989 c 
 329 art 3 s 1-3; 1991 c 265 art 3 s 1,2,38; art 11 s 1; 1991 c 
 292 art 6 s 58 subd 2; 1992 c 499 art 3 s 1-7; art 11 s 1; 1993 
 c 224 art 3 s 1-9; art 14 s 3; 1994 c 483 s 1; 1994 c 647 art 3 
 s 2-8,34; 1Sp1995 c 3 art 3 s 1-3; art 16 s 13; 1996 c 412 art 2 
 s 1,2; art 3 s 1-3; 1998 c 397 art 2 s 22-41,164; art 11 s 3; 
 1998 c 398 art 2 s 6-14; art 6 s 1; 1999 c 241 art 2 s 22-27 

*   NOTE:  The amendment to subdivision 3 by Laws 1999, chapter 
*241, article 2, section 22, is effective July 1, 2000.  Laws 
*1999, chapter 241, article 2, section 63.

     125A.66 Obligations of the academies. 

    Subdivision 1.    Various levels of service.  The 
 academies must provide their pupils with the levels of service 
 defined in rules of the state board. 

    Subd. 2.    Pupils' developmental needs.  The academies 
 must deal with the developmental needs of their pupils.  

    Subd. 3.    Education with pupils without a disability.  
 The academies must provide opportunities for their pupils to be 
 educated with pupils without a disability.  A pupil's 
 opportunities must be consistent with the pupil's individual 
 education plan or individual family service plan and assessment. 

    HIST: 1989 c 220 s 2; 1991 c 265 art 3 s 38; 1993 c 224 art 13 
 s 55; 1Sp1995 c 3 art 11 s 12 

     125A.67 Staff of the academies. 

    Subdivision 1.    Academies' administrator.  The 
 position of the chief administrator at each academy is in the 
 unclassified service.  

    Subd. 2.    Teacher standards.  A teacher or 
 administrator at the academies is subject to the licensure 
 standards of the board of teaching or the commissioner of 
 children, families, and learning. 

    Subd. 3.    Instructional supervisors.  An instructional 
 supervisor at the academy for the deaf or the academy for the 
 blind must have appropriate post-secondary credits from a 
 teacher education program for teachers of the deaf or teachers 
 of the blind, respectively.  An instructional supervisor must 
 have experience working with pupils with a disability.  

    Subd. 4.    Signing skills.  A staff member at the 
 academy for the deaf must have the sign language communication 
 skills appropriate for the staff member's job.  

    Subd. 5.    Braille skills.  A staff member at the 
 academy for the blind must be knowledgeable in Braille 
 communication as appropriate for the staff member's job.  

    Subd. 6.    Permanent employees must sign or know Braille. 
  An employee hired after August 1, 1985, cannot get permanent 
 status until the employee is proficient in sign language if 
 employed at the academy for the deaf or knowledgeable in Braille 
 if employed at the academy for the blind.  

    Subd. 7.    Workers' compensation for trainees.  Student 
 teachers and student trainees are employees of the academies for 
 workers' compensation coverage.  

    HIST: 1989 c 220 s 2; 1991 c 265 art 3 s 38; 1Sp1995 c 3 art 
 11 s 13,14; 1998 c 398 art 5 s 55 

     125A.68 State adopted procedures. 

    Subdivision 1.    Subjects.  The board of the Minnesota 
 state academies must establish procedures for:  

    (1) admission, including short-term admission, to the 
 academies; 

    (2) discharge from the academies; 

    (3) decisions on a pupil's program at the academies; and 

    (4) evaluation of a pupil's progress at the academies.  

    Subd. 2.    Minimum content.  The discharge procedures 
 must include reasonable notice to the child's district of 
 residence.  The procedures must guarantee a pupil and the 
 pupil's parent or guardian appropriate safeguards.  The 
 safeguards must include a review of the placement determination 
 made under sections 125A.03 to 125A.24, 125A.65, and 125A.69 and 
 the right to participate in educational program decisions.  

    Subd. 3.    Not contested case.  A proceeding about 
 admission to or discharge from the academies or about a pupil's 
 program or progress at the academies is not a contested case 
 under section 14.02.  The proceeding is governed instead by the 
 rules governing special education.  

    HIST: 1989 c 220 s 2; 1Sp1995 c 3 art 11 s 15; 1998 c 397 art 
 11 s 3; 1998 c 398 art 5 s 25,26; 1999 c 241 art 2 s 28 

     125A.69 Admission standards. 

    Subdivision 1.    Two kinds.  There are two kinds of 
 admission to the Minnesota state academies.  

    (a) A pupil who is deaf, hard of hearing, or blind-deaf, 
 may be admitted to the academy for the deaf.  A pupil who is 
 blind or visually impaired, blind-deaf, or multiply handicapped 
 may be admitted to the academy for the blind.  For a pupil to be 
 admitted, two decisions must be made under sections 125A.03 to 
 125A.24 and 125A.65. 

    (1) It must be decided by the individual education planning 
 team that education in regular or special education classes in 
 the pupil's district of residence cannot be achieved 
 satisfactorily because of the nature and severity of the 
 deafness or blindness or visual impairment respectively. 

    (2) It must be decided by the individual education planning 
 team that the academy provides the most appropriate placement 
 within the least restrictive alternative for the pupil.  

    (b) A deaf or hard of hearing child or a visually impaired 
 pupil may be admitted to get socialization skills or on a 
 short-term basis for skills development.  

    Subd. 2.    Pupils with multiple handicaps eligible to 
 attend.  This section does not prevent a pupil with handicaps 
 in addition to being 

    (1) deaf or hard of hearing, or 

    (2) blind or visually impaired 

 from attending the academy for the deaf or the academy for the 
 blind, respectively.  

    Subd. 3.    Out-of-state admissions.  An applicant from 
 another state who can benefit from attending either academy may 
 be admitted to the academy if the admission does not prevent an 
 eligible Minnesota resident from being admitted.  The board of 
 the Minnesota state academies must obtain reimbursement from the 
 other state for the costs of the out-of-state admission.  The 
 state board may enter into an agreement with the appropriate 
 authority in the other state for the reimbursement.  Money 
 received from another state must be deposited in the general 
 fund and credited to the general operating account of the 
 academies.  The money is appropriated to the academies. 

    Subd. 4.    Compulsory attendance.  The compulsory 
 attendance provisions of section 120A.22 apply to attendance at 
 the academies.  Attendance may be excused under that section by 
 the commissioner of children, families, and learning or a 
 designee.  A person who fails to comply with section 120A.22 is 
 subject to section 120A.26.  The academies' administrator must 
 exercise the duties imposed on a superintendent by section 
 120A.26.  Attendance at the academy for the deaf or the academy 
 for the blind fulfills the requirements of sections 125A.03 to 
 125A.24 and 125A.65.  The academies are subject to sections 
 121A.40 to 121A.45, the Pupil Fair Dismissal Act of 1970, as 
 amended. 

    HIST: 1976 c 271 s 70; 1985 c 240 s 5; 1986 c 444; 1987 c 384 
 art 1 s 55; 1989 c 220 s 2; 1991 c 265 art 11 s 12; 1Sp1995 c 3 
 art 11 s 16,17; art 16 s 13; 1998 c 397 art 11 s 3; 1999 c 241 
 art 2 s 29,30 

     125A.70 Expense of pupils. 

    Subdivision 1.    Person liable for pupil's support pays 
 expenses.  The person who is liable for the support of a pupil 
 attending a state academy must provide the pupil with enough 
 money for proper clothing, postage, and necessary incidental 
 expenses.  

    Subd. 2.    Local social services agency.  If the person 
 liable for support of a pupil cannot support the pupil, the 
 local social services agency of the county of the pupil's 
 residence must do so.  The commissioner of children, families, 
 and learning must decide how much the local social services 
 agency must pay.  The board of the Minnesota state academies 
 must adopt rules that tell how the commissioner is to fix the 
 amount.  The local social services agency must make the payment 
 to the superintendent of the school district of residence.  

    Subd. 3.    Transportation expenses.  The school 
 district of residence must pay for the transportation of the 
 pupil from the pupil's residence to the academy and back. 

    HIST: 1976 c 271 s 72; 1977 c 449 s 15; 1986 c 444; 1987 c 384 
 art 1 s 55; 1989 c 220 s 2; 1994 c 631 s 31; 1Sp1995 c 3 art 16 
 s 13; 1998 c 398 art 5 s 27; 1999 c 241 art 2 s 31 

     125A.71 Deposit and appropriation of rents and fees of 
  academies. 

    Subdivision 1.    Rental income; appropriation.  Rental 
 income, excluding rent for land and living residences, must be 
 deposited in the state treasury and credited to a revolving fund 
 of the academies.  Money in the revolving fund for rental income 
 is annually appropriated to the academies for staff development 
 purposes.  Payment from the revolving fund for rental income may 
 be made only according to vouchers authorized by the 
 administrator of the academies. 

    Subd. 2.    Fees; appropriation.  Income received under 
 subdivision 3 must be deposited in the state treasury and 
 credited to a revolving fund of the academies.  Money in the 
 revolving fund for fees from conferences, seminars, technical 
 assistance, production of instructionally related materials and 
 other services is annually appropriated to the academies to 
 defray expenses of those services.  Payment from the revolving 
 fund for conferences and other fees may be made only according 
 to vouchers authorized by the administrator of the academies. 

    Subd. 3.    Contracts; fees; appropriation.  The board 
 of the Minnesota state academies may enter into agreements for 
 the academies to provide respite care and supplemental 
 educational instruction and services including assessments and 
 counseling.  The agreements may be made with public or private 
 agencies or institutions, school districts, service 
 cooperatives, or counties.  The board may authorize the 
 academies to provide conferences, seminars, nondistrict and 
 district requested technical assistance, and production of 
 instructionally related materials. 

    HIST: 1987 c 398 art 3 s 31; 1989 c 220 s 2; 1989 c 329 art 12 
 s 2; 1992 c 499 art 11 s 5,6; 1996 c 305 art 1 s 138; 1999 c 241 
 art 2 s 32 

     125A.72 Student activities account. 

    Subdivision 1.    Student activities; receipts; 
 appropriation.  All receipts of any kind generated to operate 
 student activities, including student fees, donations and 
 contributions, and gate receipts must be deposited in the state 
 treasury.  The receipts are appropriated annually to the 
 Minnesota state academies for student activities purposes.  They 
 are not subject to budgetary control by the commissioner of 
 finance. 

    Subd. 2.    To student activities account.  The money 
 appropriated in subdivision 1 to the Minnesota state academies 
 for student activities must be credited to a Minnesota state 
 academies' student activities account and may be spent only for 
 Minnesota state academies' student activities purposes. 

    Subd. 3.    Carryover.  An unexpended balance in the 
 Minnesota state academies' student activities account may be 
 carried over from the first fiscal year of the biennium into the 
 second fiscal year of the biennium and from one biennium to the 
 next.  The amount carried over must not be taken into account in 
 determining state appropriations and must not be deducted from a 
 later appropriation. 

    Subd. 4.    Money from certain student activities 
 specifically included among receipts.  Any money generated by 
 a Minnesota state academies' student activity that involves:  

    (1) state employees who are receiving compensation for 
 their involvement with the activity; 

    (2) the use of state facilities; or 

    (3) money raised for student activities in the name of the 
 Minnesota state academies 

 is specifically included among the kinds of receipts that are 
 described in subdivision 1. 

    HIST: 1993 c 224 art 11 s 5; 1999 c 241 art 2 s 33 

     125A.73 Duties of state departments. 

    Subdivision 1.    Department of children, families, and 
 learning.  The department of children, families, and learning 
 must assist the board of the Minnesota state academies in 
 preparing reports on the academies.  

    Subd. 2.    Department of employee relations.  The 
 department of employee relations, in cooperation with the board 
 of the Minnesota state academies, must develop a statement of 
 necessary qualifications and skills for all staff members of the 
 academies. 

    HIST: 1989 c 220 s 2; 1Sp1995 c 3 art 16 s 13; 1998 c 398 art 
 5 s 23,24; 1999 c 241 art 2 s 34 

     125A.74 Medical assistance payments to school districts. 

    Subdivision 1.    Eligibility.  A district may enroll as 
 a provider in the medical assistance program and receive medical 
 assistance payments for covered special education services 
 provided to persons eligible for medical assistance under 
 chapter 256B.  To receive medical assistance payments, the 
 district must comply with relevant provisions of state and 
 federal statutes and regulations governing the medical 
 assistance program. 

    Subd. 2.    Funding.  A district that provides a covered 
 service to an eligible person and complies with relevant 
 requirements of the medical assistance program is entitled to 
 receive payment for the service provided, including that portion 
 of the payment that will subsequently be reimbursed by the 
 federal government, in the same manner as other medical 
 assistance providers.  The school district is not required to 
 provide matching funds or pay part of the costs of the service, 
 as long as the rate charged for the service does not exceed 
 medical assistance limits that apply to all medical assistance 
 providers. 

    Subd. 3.    Contract for services.  A district may 
 contract for the provision of medical assistance-covered 
 services, and may contract with a third party agency to assist 
 in administering and billing for these services. 

    Subd. 4.    Private insurers.  A district may enroll as 
 a provider for insurance companies to provide covered special 
 education services to eligible persons.  To receive payments, 
 the district must comply with relevant state and federal 
 statutes.  A district may contract for services, and may 
 contract with a third party agency to assist in administering 
 and billing for these services. 

    Subd. 5.    No reduction in revenue.  A district's 
 revenue for special education programs must not be reduced by 
 any payments for medical assistance or insurance received 
 according to this section. 

    HIST: 1989 c 191 s 1; 1990 c 562 art 3 s 6; 1994 c 647 art 3 s 
 16; 1998 c 397 art 2 s 121,164 

     125A.744 Statewide data management system to maximize 
  medical assistance reimbursement. 

    Subdivision 1.    Definition.  For purposes of this 
 section, cooperative unit has the meaning given in section 
 123A.24, subdivision 2. 

    Subd. 2.    Statewide data management system.  The 
 commissioner of children, families, and learning, in cooperation 
 with the commissioner of human services, shall develop a 
 statewide data management system using the educational data 
 reporting system or other existing data management system for 
 school districts and cooperative units to use to maximize 
 medical assistance reimbursement for health and health-related 
 services provided under individual education plans and 
 individual family service plans.  The system must be 
 appropriately integrated with state and local existing and 
 developing human services and education data systems.  The 
 statewide data management system must enable school district and 
 cooperative unit staff to: 

    (1) establish medical assistance billing systems or improve 
 existing systems; 

    (2) understand the appropriate medical assistance billing 
 codes for services provided under individual education plans and 
 individual family service plans; 

    (3) comply with the Individuals with Disabilities Education 
 Act, Public Law Number 105-17; 

    (4) contract with billing agents; and 

    (5) carry out other activities necessary to maximize 
 medical assistance reimbursement. 

    Subd. 3.    Implementation.  Consistent with section 
 256B.0625, subdivision 26, school districts may enroll as 
 medical assistance providers or subcontractors and bill the 
 department of human services under the medical assistance fee 
 for service claims processing system for special education 
 services which are covered services under chapter 256B, which 
 are provided in the school setting for a medical assistance 
 recipient, and for whom the district has secured informed 
 consent consistent with section 13.05, subdivision 4, paragraph 
 (d), and section 256B.77, subdivision 2, paragraph (p), to bill 
 for each type of covered service.  School districts shall be 
 reimbursed by the commissioner of human services for the federal 
 share of individual education plan health-related services that 
 qualify for reimbursement by medical assistance, minus up to 
 five percent retained by the commissioner of human services for 
 administrative costs, not to exceed $350,000 per fiscal year.  
 The commissioner may withhold up to five percent of each payment 
 to a school district.  Following the end of each fiscal year, 
 the commissioner shall settle up with each school district in 
 order to ensure that collections from each district for 
 departmental administrative costs are made on a pro rata basis 
 according to federal earnings for these services in each 
 district.  A school district is not eligible to enroll as a home 
 care provider or a personal care provider organization for 
 purposes of billing home care services under section 256B.0627 
 until the commissioner of human services issues a bulletin 
 instructing county public health nurses on how to assess for the 
 needs of eligible recipients during school hours.  To use 
 private duty nursing services or personal care services at 
 school, the recipient or responsible party must provide written 
 authorization in the care plan identifying the chosen provider 
 and the daily amount of services to be used at school.  

    HIST: 1998 c 397 art 11 s 3; 1998 c 398 art 2 s 2; 1999 c 245 
 art 4 s 4 

     125A.75 Special education program approval; aid 
  payments; travel aid. 

    Subdivision 1.    Travel aid.  The state must pay each 
 district one-half of the sum actually expended by a district for 
 necessary travel of essential personnel providing home-based 
 services to children with a disability under age five and their 
 families.  

    Subd. 2.    Aid payment.  The aids provided for children 
 with a disability must be paid to the district providing the 
 special instruction and services.  General education aid must be 
 paid to the district of the pupil's residence.  The total amount 
 of aid paid may not exceed the amount expended for children with 
 a disability in the year for which the aid is paid.  

    Subd. 3.    Full state payment.  The state must pay each 
 district the actual cost incurred in providing instruction and 
 services for a child whose district of residence has been 
 determined by section 125A.17 or 125A.51, paragraph (b), and who 
 is temporarily placed in a state institution, a licensed 
 residential facility, or foster facility for care and treatment. 
 The regular education program at the facility must be an 
 approved program according to section 125A.515. 

    Upon following the procedure specified by the commissioner, 
 the district may bill the state the actual cost incurred in 
 providing the services including transportation costs and a 
 proportionate amount of capital expenditures and debt service, 
 minus the amount of the basic revenue, as defined in section 
 126C.10, subdivision 2, of the district for the child and the 
 special education aid, transportation aid, and any other aid 
 earned on behalf of the child.  The limit in subdivision 2 
 applies to aid paid pursuant to this subdivision.  

    To the extent possible, the commissioner shall obtain 
 reimbursement from another state for the cost of serving any 
 child whose parent or guardian resides in that state.  The 
 commissioner may contract with the appropriate authorities of 
 other states to effect reimbursement.  All money received from 
 other states must be paid to the state treasury and placed in 
 the general fund.  

    Subd. 4.    Program and aid approval.  Before June 1 of 
 each year, each district providing special instruction and 
 services to children with a disability must submit to the 
 commissioner an application for approval of these programs and 
 their budgets for the next fiscal year.  The application must 
 include an enumeration of the costs proposed as eligible for 
 state aid pursuant to this section and of the estimated number 
 and grade level of children with a disability in the district 
 who will receive special instruction and services during the 
 regular school year and in summer school programs during the 
 next fiscal year.  The application must also include any other 
 information deemed necessary by the commissioner for the 
 calculation of state aid and for the evaluation of the necessity 
 of the program, the necessity of the personnel to be employed in 
 the program, for determining the amount which the program will 
 receive from grants from federal funds, or special grants from 
 other state sources, and the program's compliance with the rules 
 and standards of the department of children, families, and 
 learning.  The commissioner shall review each application to 
 determine whether the program and the personnel to be employed 
 in the program are actually necessary and essential to meet the 
 district's obligation to provide special instruction and 
 services to children with a disability pursuant to sections 
 125A.03 to 125A.24, 125A.259 to 125A.48, and 125A.65.  The 
 commissioner shall not approve aid pursuant to this section for 
 any program or for the salary of any personnel determined to be 
 unnecessary or unessential on the basis of this review.  The 
 commissioner may withhold all or any portion of the aid for 
 programs which receive grants from federal funds, or special 
 grants from other state sources.  By August 31 the commissioner 
 shall approve, disapprove, or modify each application, and 
 notify each applying district of the action and of the estimated 
 amount of aid for the programs.  The commissioner shall provide 
 procedures for districts to submit additional applications for 
 program and budget approval during the fiscal year, for programs 
 needed to meet any substantial changes in the needs of children 
 with a disability in the district.  Notwithstanding the 
 provisions of section 127A.42, the commissioner may modify or 
 withdraw the program or aid approval and withhold aid pursuant 
 to this section without proceeding according to section 127A.42 
 at any time the commissioner determines that the program does 
 not comply with rules of the department of children, families, 
 and learning or that any facts concerning the program or its 
 budget differ from the facts in the district's approved 
 application.  

    Subd. 5.    Regular classroom programs.  When planning 
 programs for the education of children with a disability in the 
 regular classroom, school districts are encouraged to consider 
 the size of the regular class and to provide the support 
 services necessary to ensure successful mainstreaming.  

    Subd. 6.    Summer school.  By March 15 of each year, 
 districts must submit separate applications for program and 
 budget approval for summer school programs.  These applications 
 must be reviewed as provided in subdivision 4.  By May 1 of each 
 year, the commissioner shall approve, disapprove, or modify the 
 applications and notify the districts of the action and of the 
 estimated amount of aid for the summer school programs.  

    Subd. 7.    Allocation from cooperative centers, service 
 cooperatives, education districts, and intermediate districts. 
  For purposes of this section, a special education 
 cooperative, service cooperative, education district, or an 
 intermediate district must allocate its approved expenditures 
 for special education programs among participating districts.  
 Special education aid for services provided by a cooperative, 
 service cooperative, education district, or intermediate 
 district must be paid to the participating school districts. 

    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 by August 1 an itemized list of unreimbursed actual 
 costs for fees and other expenses under this paragraph incurred 
 after June 30, 1998, for hearings completed during the previous 
 fiscal year.  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. 

    (b) The commissioner shall provide districts with a form on 
 which to annually report litigation costs under this section and 
 shall base aid estimates on preliminary reports submitted by the 
 district during the current fiscal year. 

    HIST: Ex1959 c 71 art 5 s 32; 1961 c 559 s 1; 1965 c 870 s 1; 
 1967 c 853 s 1; 1969 c 913 s 1; 1969 c 981 s 6; 1971 c 25 s 33; 
 1973 c 501 s 3; 1973 c 683 s 14-16; 1975 c 162 s 41; 1975 c 432 
 s 48-50; 1976 c 271 s 52; 1977 c 447 art 3 s 9; 1978 c 764 s 
 58-62; 1979 c 334 art 3 s 6-10; 1981 c 358 art 3 s 11-17; 
 1Sp1981 c 2 s 10,11; 1982 c 548 art 3 s 12-21; 1983 c 314 art 1 
 s 22; art 3 s 9-11; 1Sp1985 c 12 art 3 s 11-17; 1Sp1986 c 1 art 
 9 s 14; 1Sp1986 c 3 art 1 s 17; 1987 c 384 art 2 s 33; 1987 c 
 398 art 3 s 18-21; 1988 c 486 s 41-45; 1989 c 329 art 3 s 7; 
 1991 c 265 art 3 s 7,8,38; 1993 c 224 art 3 s 13-16; 1994 c 647 
 art 13 s 10; 1Sp1995 c 3 art 15 s 7-9; art 16 s 13; 1998 c 397 
 art 2 s 98,164; art 11 s 3; 1998 c 398 art 2 s 26; art 5 s 55; 1999 c 
 123 s 18; 1999 c 241 art 2 s 35,36 

*   NOTE:  The amendment to subdivision 3 by Laws 1999, chapter 
*241, article 2, section 35, is effective July 1, 2000.  Laws 
*1999, chapter 241, article 2, section 63.

     125A.76 Special education revenue. 

    Subdivision 1.    Definitions.  For the purposes of this 
 section, the definitions in this subdivision apply. 

    (a) "Base year" for fiscal year 1998 and later fiscal years 
 means the second fiscal year preceding the fiscal year for which 
 aid will be paid. 

    (b) "Basic revenue" has the meaning given it in section 
 126C.10, subdivision 2.  For the purposes of computing basic 
 revenue pursuant to this section, each child with a disability 
 shall be counted as prescribed in section 126C.05, subdivision 1.

    (c) "Essential personnel" means teachers, related services, 
 and support services staff providing direct services to students.

    (d) "Average daily membership" has the meaning given it in 
 section 126C.05. 

    (e) "Program growth factor" means 1.012 for fiscal year 
 2002 and later. 

    Subd. 2.    Special education base revenue.  (a) The 
 special education base revenue equals the sum of the following 
 amounts computed using base year data: 

    (1) 68 percent of the salary of each essential person 
 employed in the district's program for children with a 
 disability during the fiscal year, not including the share of 
 salaries for personnel providing health-related services counted 
 in clause (8), whether the person is employed by one or more 
 districts or a Minnesota correctional facility operating on a 
 fee-for-service basis; 

    (2) for the Minnesota state academy for the deaf or the 
 Minnesota state academy for the blind, 68 percent of the salary 
 of each instructional aide assigned to a child attending the 
 academy, if that aide is required by the child's individual 
 education plan; 

    (3) for special instruction and services provided to any 
 pupil by contracting with public, private, or voluntary agencies 
 other than school districts, in place of special instruction and 
 services provided by the district, 52 percent of the difference 
 between the amount of the contract and the basic revenue of the 
 district for that pupil for the fraction of the school day the 
 pupil receives services under the contract; 

    (4) for special instruction and services provided to any 
 pupil by contracting for services with public, private, or 
 voluntary agencies other than school districts, that are 
 supplementary to a full educational program provided by the 
 school district, 52 percent of the amount of the contract for 
 that pupil; 

    (5) for supplies and equipment purchased or rented for use 
 in the instruction of children with a disability, not including 
 the portion of the expenses for supplies and equipment used to 
 provide health-related services counted in clause (8), an amount 
 equal to 47 percent of the sum actually expended by the 
 district, or a Minnesota correctional facility operating on a 
 fee-for-service basis, but not to exceed an average of $47 in 
 any one school year for each child with a disability receiving 
 instruction; 

    (6) for fiscal years 1997 and later, special education base 
 revenue shall include amounts under clauses (1) to (5) for 
 special education summer programs provided during the base year 
 for that fiscal year; 

    (7) for fiscal years 1999 and later, the cost of providing 
 transportation services for children with disabilities under 
 section 123B.92, subdivision 1, paragraph (b), clause (4); and 

    (8) for fiscal years 2001 and later, the cost of salaries, 
 supplies and equipment, and other related costs actually 
 expended by the district for the nonfederal share of medical 
 assistance services according to section 256B.0625, subdivision 
 26. 

    (b) If requested by a school district operating a special 
 education program during the base year for less than the full 
 fiscal year, or a school district in which is located a 
 Minnesota correctional facility operating on a fee-for-service 
 basis for less than the full fiscal year, the commissioner may 
 adjust the base revenue to reflect the expenditures that would 
 have occurred during the base year had the program been operated 
 for the full fiscal year. 

    (c) Notwithstanding paragraphs (a) and (b), the portion of 
 a school district's base revenue attributable to a Minnesota 
 correctional facility operating on a fee-for-service basis 
 during the facility's first year of operating on a 
 fee-for-service basis shall be computed using current year data. 

    Subd. 3.    Adjusted special education base revenue.  
 For fiscal year 1997 and later, a district's adjusted special 
 education base revenue equals the district's special education 
 base revenue times the ratio of the district's average daily 
 membership for the current school year to the district's average 
 daily membership for the base year.  

    Subd. 4.    State total special education aid.  The 
 state total special education aid for fiscal year 2000 equals 
 $463,000,000.  The state total special education aid for fiscal 
 year 2001 equals $474,000,000.  The state total special 
 education aid for later fiscal years equals:  

    (1) the state total special education aid for the preceding 
 fiscal year; times 

    (2) the program growth factor; times 

    (3) the ratio of the state total average daily membership 
 for the current fiscal year to the state total average daily 
 membership for the preceding fiscal year. 

    Subd. 5.    School district special education aid.  (a) 
 A school district's special education aid for fiscal year 2000 
 and later equals the state total special education aid, minus 
 the amount determined under paragraphs (b) and (c), times the 
 ratio of the district's adjusted special education base revenue 
 to the state total adjusted special education base revenue.  If 
 the commissioner of children, families, and learning modifies 
 its rules for special education in a manner that increases a 
 district's special education obligations or service 
 requirements, the commissioner shall annually increase each 
 district's special education aid by the amount necessary to 
 compensate for the increased service requirements.  The 
 additional aid equals the cost in the current year attributable 
 to rule changes not reflected in the computation of special 
 education base revenue, multiplied by the appropriate 
 percentages from subdivision 2. 

    (b) Notwithstanding paragraph (a), if the special education 
 base revenue for a district equals zero, the special education 
 aid equals the amount computed according to subdivision 2 using 
 current year data. 

    (c) Notwithstanding paragraphs (a) and (b), if the special 
 education base revenue for a district is greater than zero, and 
 the base year amount for the district under subdivision 2, 
 paragraph (a), clause (7), equals zero, the special education 
 aid equals the sum of the amount computed according to paragraph 
 (a), plus the amount computed according to subdivision 2, 
 paragraph (a), clause (7), using current year data. 

    Subd. 6. Repealed, 1999 c 241 art 2 s 62 

    Subd. 7.    Revenue allocation from cooperative centers 
 and intermediates.  For the purposes of this section and 
 section 125A.77, a special education cooperative or an 
 intermediate district must allocate its approved expenditures 
 for special education programs among participating school 
 districts. 

    HIST: 1Sp1995 c 3 art 15 s 10; art 16 s 13; 1996 c 412 art 3 s 
 19-24; 1997 c 7 art 1 s 54; 1Sp1997 c 4 art 2 s 19-22; 1998 c 
 397 art 2 s 99-101,164; art 11 s 3; 1998 c 398 art 1 s 22; art 2 
 s 27; art 5 s 55; 1999 c 241 art 2 s 37-40; 1999 c 
 245 art 4 s 5 

*   NOTE:  The amendments to subdivision 2 by Laws 1999, 
*chapters 241, article 2, section 38, and 245, article 4, section 
*5, are effective July 1, 2000.  Laws 1999, chapters 241, article 
*2, section 63, and 245, article 4, section 121.

  125A.77 Repealed, 1999 c 241 art 2 s 62 

     125A.78 Alternative delivery base revenue adjustment. 

    Subdivision 1.    Eligibility.  A district is eligible 
 for an alternative delivery base revenue adjustment if the 
 commissioner has approved the application of the district 
 according to section 125A.50.  

    Subd. 2.    Base revenue adjustment.  For the third 
 fiscal year after approval of a district's application, and 
 thereafter, the special education base revenue under section 
 125A.76, subdivision 1, must be computed based on activities 
 defined as reimbursable under department of children, families, 
 and learning rules for special education and nonspecial 
 education students, and additional activities as detailed and 
 approved by the commissioner.  

    Subd. 3.    Use of revenue.  Revenue under section 
 125A.76 shall be used to implement the approved program. 

    HIST: 1991 c 265 art 3 s 10; 1993 c 224 art 3 s 19-22; art 14 
 s 11,12; 1Sp1995 c 3 art 15 s 14; art 16 s 13; 1997 c 7 art 1 s 
 59,60; 1998 c 397 art 2 s 104,105,164; art 11 s 3; 1998 c 398 
 art 5 s 55 

     125A.79 Special education excess cost aid. 

    Subdivision 1.    Definitions.  For the purposes of this 
 section, the definitions in this subdivision apply. 

    (a) "Unreimbursed special education cost" means the sum of 
 the following: 

    (1) expenditures for teachers' salaries, contracted 
 services, supplies, equipment, and transportation services 
 eligible for revenue under section 125A.76; plus 

    (2) expenditures for tuition bills received under sections 
 125A.03 to 125A.24 and 125A.65 for services eligible for revenue 
 under sections 125A.76, subdivision 2, and 124.3202, subdivision 
 1; minus 

    (3) revenue for teachers' salaries, contracted services, 
 supplies, and equipment under sections 124.3202 and 124A.76; 
 minus 

    (4) tuition receipts under sections 125A.03 to 125A.24 and 
 125A.65 for services eligible for revenue under sections 
 124.3202, subdivision 1, and 124A.76, subdivision 2. 

    (b) "General revenue" means for fiscal year 1996, the sum 
 of the general education revenue according to section 126C.10, 
 subdivision 1, as adjusted according to section 127A.47, 
 subdivision 7, plus the total referendum revenue according to 
 section 126C.17, subdivision 4.  For fiscal years 1997 and 
 later, "general revenue" means the sum of the general education 
 revenue according to section 126C.10, subdivision 1, as adjusted 
 according to section 127A.47, subdivisions 7 and 8, plus the 
 total referendum revenue minus transportation sparsity revenue 
 minus total operating capital revenue.  

    (c) "Average daily membership" has the meaning given it in 
 section 126C.05. 

    (d) "Program growth factor" means 1.044 for fiscal year 
 2002 and 1.02 for fiscal year 2003 and later. 

    Subd. 2.    Excess cost aid, fiscal years 2000 and 2001. 
  For fiscal years 2000 and 2001, a district's special 
 education excess cost aid equals the greatest of: 

    (a) 75 percent of the difference between (1) the district's 
 unreimbursed special education cost and (2) 4.4 percent of the 
 district's general revenue; 

    (b) 70 percent of the difference between (1) the increase 
 in the district's unreimbursed special education cost between 
 the base year as defined in section 125A.76, subdivision 1, and 
 the current year and (2) 1.6 percent of the district's general 
 revenue; or 

    (c) zero. 

    Subd. 3. Repealed, 1999 c 241 art 2 s 62 

    Subd. 4.    Tuition.  Notwithstanding sections 125A.03 
 to 125A.24 and 125A.65, for children who are nonresidents of 
 Minnesota, receive services under section 125A.76, subdivisions 
 1 and 2, and are placed in the serving school district by court 
 action, the serving school district shall submit unreimbursed 
 tuition bills for eligible services to the department of 
 children, families, and learning instead of the resident school 
 district.  To be eligible for reimbursement, the serving school 
 district, as part of its child intake procedures, must 
 demonstrate good faith effort to obtain from the placing agency 
 a financial commitment to pay tuition costs. 

    Subd. 5.    Initial excess cost aid.  For fiscal years 
 2002 and later, a district's initial excess cost aid equals the 
 greatest of: 

    (1) 75 percent of the difference between (i) the district's 
 unreimbursed special education cost and (ii) 4.4 percent of the 
 district's general revenue; 

    (2) 70 percent of the difference between (i) the increase 
 in the district's unreimbursed special education cost between 
 the base year as defined in section 125A.76, subdivision 1, and 
 the current year and (ii) 1.6 percent of the district's general 
 revenue; or 

    (3) zero. 

    Subd. 6.    State total special education excess cost aid. 
  The state total special education excess cost aid for fiscal 
 year 2002 and later fiscal years equals: 

    (1) the state total special education excess cost aid for 
 the preceding fiscal year; times 

    (2) the program growth factor; times 

    (3) the ratio of the state total average daily membership 
 for the current fiscal year to the state total average daily 
 membership for the preceding fiscal year. 

    Subd. 7.    District special education excess cost aid.  
 A district's special education excess cost aid for fiscal year 
 2002 and later equals the state total special education excess 
 cost aid times the ratio of the district's initial excess cost 
 aid to the state total initial excess cost aid. 

    Subd. 8.    Out-of-state tuition.  For children who are 
 residents of the state, receive services under section 125A.76, 
 subdivisions 1 and 2, and are placed in a care and treatment 
 facility by court action in a state that does not have a 
 reciprocity agreement with the commissioner under section 
 125A.115, the resident school district shall submit the balance 
 of the tuition bills, minus the amount of the basic revenue, as 
 defined by section 126C.10, subdivision 2, of the district for 
 the child and the special education aid, and any other aid 
 earned on behalf of the child. 

    HIST: 1993 c 224 art 3 s 23; 1Sp1995 c 3 art 15 s 15-17; 1996 
 c 412 art 3 s 26,27; 1997 c 7 art 1 s 61; 1Sp1997 c 4 art 2 s 
 24,25; 1998 c 397 art 2 s 106,164; art 11 s 3; 1998 c 398 art 2 
 s 28; 1999 c 241 art 2 s 41-46 

*   NOTE:  Subdivision 8, as added by Laws 1999, chapter 241, 
*article 2, section 46, is effective July 1, 2000.  Laws 1999, 
*chapter 241, article 2, section 63.

     125A.80 Uniform billing system for the education costs 
  of out-of-home placed students. 

    The commissioner, in cooperation with the commissioners of 
 human services and corrections and with input from appropriate 
 billing system users, shall develop and implement a uniform 
 billing system for school districts and other agencies, 
 including private providers, who provide the educational 
 services for students who are placed out of the home.  The 
 uniform billing system must: 

    (1) allow for the proper and timely billing to districts by 
 service providers with a minimum amount of district 
 administration; 

    (2) allow districts to bill the state for certain types of 
 special education and regular education services as provided by 
 law; 

    (3) provide flexibility for the types of services that are 
 provided for children placed out of the home, including day 
 treatment services; 

    (4) allow the commissioner to track the type, cost, and 
 quality of services provided for children placed out of the 
 home; 

    (5) conform existing special education and proposed regular 
 education billing procedures; 

    (6) provide a uniform reporting standard of per diem rates; 

    (7) determine allowable expenses and maximum reimbursement 
 rates for the state reimbursement of care and treatment services 
 according to section 124D.701; and 

    (8) provide a process for the district to appeal to the 
 commissioner tuition bills submitted to districts and to the 
 state. 

    HIST: 1999 c 241 art 2 s 47