125A.515 Placement of students; approval of education program.
Subdivision 1. Approval of education programs. The commissioner shall approve education programs for placement of children and youth in care and treatment facilities including detention centers, before being licensed by the department of human services under Minnesota Rules, parts 9545.0905 to 9545.1125 and 9545.1400 to 9545.1480, or the department of corrections under Minnesota Rules, chapters 2925, 2930, 2935, and 2950. Education programs in these facilities shall conform to state and federal education laws including the Individuals with Disabilities Education Act (IDEA).
Subd. 2. Definition of care and treatment placement. Students placed in the following public or private facilities are considered to be placed for care and treatment:
(1) group foster home, department of corrections;
(2) secure juvenile detention facilities, department of corrections;
(3) juvenile residential facilities, department of corrections;
(4) temporary holdover - eight day, department of corrections;
(5) group homes, department of human services;
(6) residential academies, department of human services;
(7) transitional programs, department of human services;
(8) shelter care, department of human services and department of corrections;
(9) shelter for homeless, department of human services;
(10) adult facilities that admit persons under the age of 22; and
(11) residential treatment programs.
Subd. 3. Responsibilities for providing education. (a) The district in which the facility is located must provide education services, including special education if eligible, to all students placed in a facility for care and treatment.
(b) For education programs operated by the department of corrections, the providing district shall be the department of corrections. For students remanded to the commissioner of corrections, the providing and resident district shall be the department of corrections.
(c) Placement for care and treatment does not automatically make a student eligible for special education. A student placed in a care and treatment facility is eligible for special education under state and federal law including the Individuals with Disabilities Education Act under United States Code, title 20, chapter 33.
Subd. 4. Education services required. (a) Education services must be provided to a student beginning within three business days after the student enters the care and treatment facility. The first four days of the student's placement may be used to screen the student for educational and safety issues.
(b) If the student does not meet the eligibility criteria for special education, regular education services must be provided to that student.
Subd. 5. Education programs for students placed in facilities for care and treatment. (a) When a student is placed in a care and treatment facility that has an on-site education program, the providing district, upon notice from the care and treatment facility, must contact the resident district within one business day to determine if a student has been identified as having a disability, and to request at least the student's transcript, and for students with disabilities, the most recent individualized education plan (IEP) and evaluation report, and to determine if the student has been identified as a student with a disability. The resident district must send a facsimile copy to the providing district within two business days of receiving the request.
(b) If a student placed for care and treatment has been identified as having a disability and has an individual education plan in the resident district:
(1) the providing agency must conduct an individualized education plan meeting to reach an agreement about continuing or modifying special education services in accordance with the current individualized education plan goals and objectives and to determine if additional evaluations are necessary; and
(2) at least the following people shall receive written notice or documented phone call to be followed with written notice to attend the individualized education plan meeting:
(i) the person or agency placing the student;
(ii) the resident district;
(iii) the appropriate teachers and related services staff from the providing district;
(iv) appropriate staff from the care and treatment facility;
(v) the parents or legal guardians of the student; and
(vi) when appropriate, the student.
(c) For a student who has not been identified as a student with a disability, a screening must be conducted by the providing districts as soon as possible to determine the student's educational and behavioral needs and must include a review of the student's educational records.
Subd. 6. Exit report summarizing educational progress. If a student has been placed in a care and treatment facility for 15 or more business days, the providing district must prepare an exit report summarizing the regular education, special education, evaluation, educational progress, and service information and must send the report to the resident district and the next providing district if different, the parent or legal guardian, and any appropriate social service agency. For students with disabilities, this report must include the student's IEP.
Subd. 7. Minimum educational services required. At a minimum, the providing district is responsible for:
(1) the education necessary, including summer school services, for a student who is not performing at grade level as indicated in the education record or IEP; and
(2) a school day, of the same length as the school day of the providing district, unless the unique needs of the student, as documented through the IEP or education record in consultation with treatment providers, requires an alteration in the length of the school day.
Subd. 8. Placement, services, and due process. When a student's treatment and educational needs allow, education shall be provided in a regular educational setting. The determination of the amount and site of integrated services must be a joint decision between the student's parents or legal guardians and the treatment and education staff. When applicable, educational placement decisions must be made by the IEP team of the providing district. Educational services shall be provided in conformance with the least restrictive environment principle of the Individuals with Disabilities Education Act. The providing district and care and treatment facility shall cooperatively develop discipline and behavior management procedures to be used in emergency situations that comply with the Minnesota Pupil Fair Dismissal Act and other relevant state and federal laws and regulations.
Subd. 9. Reimbursement for education services. (a) Education services provided to students who have been placed for care and treatment are reimbursable in accordance with special education and general education statutes.
(b) Indirect or consultative services provided in conjunction with regular education prereferral interventions and assessment provided to regular education students suspected of being disabled and who have demonstrated learning or behavioral problems in a screening are reimbursable with special education categorical aids.
(c) Regular education, including screening, provided to students with or without disabilities is not reimbursable with special education categorical aids.
Subd. 10. Students unable to attend school but not placed in care and treatment facilities. Students who are absent from, or predicted to be absent from, school for 15 consecutive or intermittent days, at home or in facilities not licensed by the departments of corrections or human services are not students placed for care and treatment. These students include students with and without disabilities who are home due to accident or illness, in a hospital or other medical facility, or in a day treatment center. These students are entitled to education services through their district of residence.