2002 Minnesota Statutes

     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 
 50,164; art 11 s 3; 1999 c 205 art 1 s 47,70