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CHAPTER 125A. SPECIAL EDUCATION; EARLY CHILDHOOD INTERVENTION SYSTEM; ACADEMIES FOR THE DEAF AND BLIND; FUNDING

Table of Sections
SectionHeadnote
125A.001APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.

SPECIAL EDUCATION; INFANT TO ADULT

125A.01DEFINITIONS.
125A.02CHILD WITH A DISABILITY DEFINED.
125A.023COORDINATED INTERAGENCY SERVICES.
125A.027INTERAGENCY EARLY INTERVENTION COMMITTEE RESPONSIBILITIES.
125A.03SPECIAL INSTRUCTION FOR CHILDREN WITH A DISABILITY.
125A.04HIGH SCHOOL DIPLOMA.
125A.05METHOD OF SPECIAL INSTRUCTION.
125A.06BLIND PERSONS' LITERACY RIGHTS.
125A.07RULES OF COMMISSIONER.
125A.08SCHOOL DISTRICT OBLIGATIONS.
125A.09Repealed, 1Sp2003 c 9 art 3 s 21
125A.091ALTERNATIVE DISPUTE RESOLUTION AND DUE PROCESS HEARINGS.
125A.10COORDINATING INTERAGENCY SERVICES.
125A.11SPECIAL INSTRUCTIONS FOR NONRESIDENT CHILDREN.
125A.12ATTENDANCE IN ANOTHER DISTRICT.
125A.13SCHOOL OF PARENTS' CHOICE.
125A.14SUMMER PROGRAMS.
125A.15PLACEMENT IN ANOTHER DISTRICT; RESPONSIBILITY.
125A.155SPECIAL EDUCATION RECIPROCITY; COMMISSIONER DUTIES.
125A.16PLACEMENT IN STATE INSTITUTION; RESPONSIBILITY.
125A.17LEGAL RESIDENCE OF A CHILD WITH A DISABILITY PLACED IN A FOSTER FACILITY.
125A.18SPECIAL INSTRUCTION; NONPUBLIC SCHOOLS.
125A.19NONRESIDENT EDUCATION; BILLING.
125A.20TRANSPORTATION AID AGREEMENTS.
125A.21THIRD PARTY PAYMENT.
125A.22COMMUNITY TRANSITION INTERAGENCY COMMITTEE.
125A.23AGENCY ACCESS TO NONPUBLIC DATA.
125A.24PARENT ADVISORY COUNCILS.
125A.25LEGISLATIVE COMMITMENT TO CONCILIATION.

INTERAGENCY EARLY CHILDHOOD INTERVENTION SYSTEM

125A.259CITATION; INTERAGENCY EARLY CHILDHOOD INTERVENTION SYSTEM.
125A.26PURPOSE.
125A.27DEFINITIONS.
125A.28STATE INTERAGENCY COORDINATING COUNCIL.
125A.29RESPONSIBILITIES OF COUNTY BOARDS AND SCHOOL BOARDS.
125A.30INTERAGENCY EARLY INTERVENTION COMMITTEES.
125A.31LOCAL PRIMARY AGENCY.
125A.32INDIVIDUALIZED FAMILY SERVICE PLAN (IFSP).
125A.33SERVICE COORDINATION.
125A.34EARLY INTERVENTION RESPITE SERVICES.
125A.35EARLY INTERVENTION SERVICE DOLLARS.
125A.36PAYMENT FOR SERVICES.
125A.37PAYOR OF LAST RESORT.
125A.38MAINTENANCE OF EFFORT.
125A.39LOCAL INTERAGENCY AGREEMENTS.
125A.40THIRD-PARTY PAYMENT.
125A.41COORDINATING HEALTH INSURANCE BENEFITS.
125A.42PROCEDURAL SAFEGUARDS; PARENT AND CHILD RIGHTS.
125A.43MEDIATION PROCEDURE.
125A.44COMPLAINT PROCEDURE.
125A.45INTERAGENCY DISPUTE PROCEDURE.
125A.46DUE PROCESS HEARINGS.
125A.47Repealed, 1Sp2003 c 9 art 3 s 21
125A.48STATE INTERAGENCY AGREEMENT.

ALTERNATIVES FOR DELIVERING SPECIALIZED INSTRUCTION

125A.50ALTERNATIVE DELIVERY OF SPECIALIZED INSTRUCTIONAL SERVICES.
125A.51PLACEMENT OF CHILDREN WITHOUT DISABILITIES; EDUCATION AND TRANSPORTATION.
125A.515PLACEMENT OF STUDENTS; APPROVAL OF EDUCATION PROGRAM.
125A.52RESIDENTIAL TREATMENT FACILITIES; DEPARTMENTS OF HUMAN SERVICES AND CORRECTIONS EDUCATION SCREENING.
125A.53DIRECTOR OF A SPECIAL EDUCATION COOPERATIVE.
125A.54INTERAGENCY OFFICE ON TRANSITION SERVICES.
125A.55ACCOMMODATING STUDENTS WITH DISABILITIES.
125A.56ALTERNATE INSTRUCTION REQUIRED BEFORE ASSESSMENT REFERRAL; WAIVER.

ASSISTIVE TECHNOLOGY DEVICES

125A.57DEFINITION.
125A.58PURCHASING GUIDELINES.
125A.59INTERAGENCY AGREEMENT TO PURCHASE USED ASSISTIVE TECHNOLOGY DEVICES.
125A.60PURCHASE AGREEMENT; PRICE FORMULA.

ACADEMIES FOR THE DEAF AND BLIND

125A.61LOCATION AND STATUS.
125A.62DUTIES OF THE BOARD OF THE MINNESOTA STATE ACADEMIES.
125A.63RESOURCE CENTERS; DEAF OR HARD OF HEARING AND BLIND OR VISUALLY IMPAIRED.
125A.64POWERS OF BOARD OF THE MINNESOTA STATE ACADEMIES.
125A.65ATTENDANCE AT ACADEMIES FOR THE DEAF AND BLIND.
125A.66OBLIGATIONS OF THE ACADEMIES.
125A.67STAFF OF THE ACADEMIES.
125A.68STATE ADOPTED PROCEDURES.
125A.69ADMISSION STANDARDS.
125A.70EXPENSE OF PUPILS.
125A.71DEPOSIT AND APPROPRIATION OF RENTS AND FEES OF ACADEMIES.
125A.72STUDENT ACTIVITIES ACCOUNT.
125A.73DUTIES OF STATE DEPARTMENTS.

SPECIAL NEEDS FUNDING

125A.74MEDICAL ASSISTANCE PAYMENTS TO SCHOOL DISTRICTS.
125A.744STATEWIDE DATA MANAGEMENT SYSTEM TO MAXIMIZE MEDICAL ASSISTANCE REIMBURSEMENT.
125A.75SPECIAL EDUCATION PROGRAM APPROVAL; AID PAYMENTS; TRAVEL AID.
125A.76SPECIAL EDUCATION REVENUE.
125A.77Repealed, 1999 c 241 art 2 s 62
125A.78ALTERNATIVE DELIVERY BASE REVENUE ADJUSTMENT.
125A.79SPECIAL EDUCATION EXCESS COST AID.
125A.80UNIFORM BILLING SYSTEM FOR THE EDUCATION COSTS OF OUT-OF-HOME PLACED STUDENTS.
125A.001 APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.
State agencies shall use the terminology changes specified in Laws 2005, chapter 56, section
1, when printed material and signage are replaced and new printed material and signage are
obtained. State agencies do not have to replace existing printed material and signage to comply
with Laws 2005, chapter 56, sections 1 and 2. Language changes made according to Laws 2005,
chapter 56, sections 1 and 2, shall not expand or exclude eligibility to services.
History: 2005 c 56 s 3

SPECIAL EDUCATION; INFANT TO ADULT

125A.01 DEFINITIONS.
For purposes of this chapter, the words defined in section 120A.05 have the same meaning.
History: 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,
blindness, visual disability, speech or language impairment, physical disability, other health
impairment, mental disability, 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.
History: 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; 2005 c 56 s 1; 2006 c 263 art 2 s 18
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 birth through 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;
(ii) the Minnesota children with special health needs program under sections 144.05 and
144.07;
(iii) the Individuals with Disabilities Education Act, Part B, section 619, and Part C as
amended;
(iv) medical assistance under title 42, chapter 7, of the Social Security Act;
(v) developmental disabilities services under chapter 256B;
(vi) the Head Start Act under title 42, chapter 105, of the Social Security Act;
(vii) vocational rehabilitation services provided under chapters 248 and 268A and the
Rehabilitation Act of 1973;
(viii) Juvenile Court Act services provided under sections 260.011 to 260.91; 260B.001 to
260B.446; and 260C.001 to 260C.451;
(ix) Minnesota Comprehensive Children's Mental Health Act under section 245.487;
(x) the community health services grants under sections 145.88 to 145.9266;
(xi) the Local Public Health Act under chapter 145A; and
(xii) the Children and Community Services Act, sections 256M.60 to 256M.80;
(2) service provision and funding that can be coordinated through:
(i) the children's mental health collaborative under section 245.493;
(ii) the family services collaborative under section 124D.23;
(iii) the community transition interagency committees under section 125A.22; and
(iv) the interagency early intervention committees under section 125A.259;
(3) financial and other funding programs to be coordinated including medical assistance
under title 42, chapter 7, of the Social Security Act, the MinnesotaCare program under chapter
256L, Supplemental Social Security Income, Developmental Disabilities Assistance, and any
other employment-related activities associated with the Social Security Administration; and
services provided under a health plan in conformity with an individual family service plan or an
individual education plan or an individual interagency intervention plan; and
(4) 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 a 19-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, education, health, human rights, human services, employment and economic
development, 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,
the Minnesota Administrators of Special Education, 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.[Repealed, 1Sp2003 c 9 art 3 s 21]
    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.
History: 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; 2000 c 489 art 10 s 7,8; 1Sp2001 c 6 art 3 s 5; 2003 c 130 s 12; 2004 c 206 s 52; 2004
c 294 art 3 s 1
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, the individual interagency intervention
plan must be available and by January 1, 2001, 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.
    Subd. 4. Responsibilities of school and county boards. (a) It is the joint responsibility of
school and county boards to coordinate, provide, and pay for appropriate services, and to facilitate
payment for services from public and private sources. Appropriate service for children eligible
under section 125A.02 and receiving service from two or more public agencies of which one is the
public school must be determined in consultation with parents, physicians, and other education,
medical health, and human services providers. The services provided must be in conformity with
an Individual Interagency Intervention Plan (IIIP) for each eligible child ages 3 to 21.
(b) Appropriate services include those services listed on a child's IIIP. These services are
those that are required to be documented on a plan under federal and state law or rule.
(c) School and county boards shall coordinate interagency services. Service responsibilities
for eligible children, ages 3 to 21, shall be established in interagency agreements or joint powers
board agreements. In addition, interagency agreements or joint powers board agreements shall be
developed to establish agency responsibility that assures that coordinated interagency services
are coordinated, provided, and paid for, and that payment is facilitated from public and private
sources. School boards must provide, pay for, and facilitate payment for special education
services as required under sections 125A.05 and 125A.06. County boards must provide, pay for,
and facilitate payment for those programs over which they have service and fiscal responsibility
as referenced in section 125A.023, subdivision 3, paragraph (d), clause (1).
History: 1998 c 397 art 11 s 3; 1998 c 398 art 3 s 3; 1999 c 123 s 4; 2000 c 489 art 3
s 8; 1Sp2001 c 6 art 3 s 6
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 all children with a disability, including providing
required services under Code of Federal Regulations, title 34, section 300.121, paragraph (d), to
those children suspended or expelled from school for more than ten school days in that school
year, who are residents of the district and who are disabled as set forth in section 125A.02.
For purposes of state and federal special education laws, the phrase "special instruction and
services" in the state Education Code means a free and appropriate public education provided to
an eligible child with disabilities and includes special education and related services defined in the
Individuals with Disabilities Education Act, subpart A, section 300.24.
(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.
History: 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 22,164; art 11 s 3; 1998 c
398 art 2 s 6; art 5 s 55; 1999 c 123 s 5; 2002 c 294 s 1; 2004 c 294 art 3 s 2
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.
History: 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 23,164; art 11 s 3
125A.05 METHOD OF SPECIAL INSTRUCTION.
(a) As defined in this section, 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.
History: 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
24,164; art 11 s 3; 1998 c 398 art 2 s 7; 1Sp2003 c 9 art 12 s 12
125A.06 BLIND PERSONS' LITERACY 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.
History: 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 24,164; art 11 s 3; 1998 c 398 art 2 s 7
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.091. 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.
History: 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 25,164; art 11 s 3; 1998 c
398 art 2 s 8; art 5 s 55; 1999 c 123 s 6; 2004 c 294 art 5 s 10
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 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. The individual education plan team must consider positive behavioral
interventions, strategies, and supports that address behavior for children with attention deficit
disorder or attention deficit hyperactivity disorder. By grade 9 or age 14, the plan must address the
student's needs for transition from secondary services to postsecondary 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.
History: 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 26,164; art 11 s 3; 1998 c
398 art 2 s 9; 1999 c 123 s 7; 1999 c 245 art 4 s 3; 2000 c 489 art 10 s 9,22; 1Sp2001 c 6 art 3 s 7
125A.09 [Repealed, 1Sp2003 c 9 art 3 s 21]
125A.091 ALTERNATIVE DISPUTE RESOLUTION AND DUE PROCESS HEARINGS.
    Subdivision 1. District obligation. A school district must use the procedures in federal
law and state law and rule to reach decisions about the identification, evaluation, educational
placement, manifestation determination, interim alternative educational placement, or the
provision of a free appropriate public education to a child with a disability.
    Subd. 2. Prior written notice. A parent must receive prior written notice a reasonable
time before the district proposes or refuses to initiate or change the identification, evaluation,
educational placement, or the provision of a free appropriate public education to a child with a
disability.
    Subd. 3. Content of notice. The notice under subdivision 2 must:
(1) describe the action the district proposes or refuses;
(2) explain why the district proposes or refuses to take the action;
(3) describe any other option the district considered and the reason why it rejected the option;
(4) describe each evaluation procedure, test, record, or report the district used as a basis
for the proposed or refused action;
(5) describe any other factor affecting the proposal or refusal of the district to take the action;
(6) state that the parent of a child with a disability is protected by procedural safeguards
and, if this notice is not an initial referral for evaluation, how a parent can get a description
of the procedural safeguards; and
(7) identify where a parent can get help in understanding this law.
    Subd. 4. Understandable notice. (a) The written notice under subdivision 2 must be
understandable to the general public and available in the parent's native language or by another
communication form, unless it is clearly not feasible to do so.
(b) If the parent's native language or other communication form is not written, the district
must take steps to ensure that:
(1) the notice is translated orally or by other means to the parent in the parent's native
language or other communication form;
(2) the parent understands the notice; and
(3) written evidence indicates the requirements in subdivision 2 are met.
    Subd. 5. Initial action; parent consent. (a) The district must not proceed with the initial
evaluation 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. A district may not override the written refusal of a parent to consent to an initial
evaluation or reevaluation.
(b) A parent, after consulting with health care, education, or other professional providers,
may agree or disagree to provide the parent's child with sympathomimetic medications unless
section 144.344 applies.
    Subd. 6. Dispute resolution processes; generally. Parties are encouraged to resolve disputes
over the identification, evaluation, educational placement, manifestation determination, interim
alternative educational placement, or the provision of a free appropriate public education to
a child with a disability through conciliation, mediation, facilitated team meetings, or other
alternative process. All dispute resolution options are voluntary on the part of the parent and must
not be used to deny or delay the right to a due process hearing. All dispute resolution processes
under this section are provided at no cost to the parent.
    Subd. 7. Conciliation conference. A parent must have an opportunity to meet with
appropriate district staff in at least one conciliation conference if the parent objects to any
proposal of which the parent receives notice under subdivision 2. If the parent refuses district
efforts to conciliate the dispute, the conciliation requirement is satisfied. Following a conciliation
conference, the district must prepare and provide to the parent a conciliation conference
memorandum that describes the district's final proposed offer of service. This memorandum is
admissible in evidence in any subsequent proceeding.
    Subd. 8. Voluntary dispute resolution options. In addition to offering at least one
conciliation conference, a district must inform a parent of other dispute resolution processes,
including at least mediation and facilitated team meetings. The fact that an alternative
dispute resolution process was used is admissible in evidence at any subsequent proceeding.
State-provided mediators and team meeting facilitators shall not be subpoenaed to testify at a
due process hearing or civil action under federal special education law nor are any records of
mediators or state-provided team meeting facilitators accessible to the parties.
    Subd. 9. Mediation. Mediation is a dispute resolution process that involves a neutral party
provided by the state to assist a parent and a district in resolving disputes over the identification,
evaluation, educational placement, manifestation determination, interim alternative educational
placement, or the provision of a free appropriate public education to a child with a disability. A
mediation process is available as an informal alternative to a due process hearing but must not be
used to deny or postpone the opportunity of a parent or district to obtain a due process hearing.
Mediation is voluntary for all parties. All mediation discussions are confidential and inadmissible
in evidence in any subsequent proceeding, unless the:
(1) parties expressly agree otherwise;
(2) evidence is otherwise available; or
(3) evidence is offered to prove bias or prejudice of a witness.
    Subd. 10. Mediated agreements. Mediated agreements are not admissible unless the parties
agree otherwise or a party to the agreement believes the agreement is not being implemented, in
which case the aggrieved party may enter the agreement into evidence at a due process hearing.
The parties may request another mediation to resolve a dispute over implementing the mediated
agreement. After a due process hearing is requested, a party may request mediation and the
commissioner must provide a mediator who conducts a mediation session no later than the third
business day after the mediation request is made to the commissioner.
    Subd. 11. Facilitated team meeting. A facilitated team meeting is an IEP, IFSP, or IIIP team
meeting led by an impartial state-provided facilitator to promote effective communication and
assist a team in developing an individualized education plan.
    Subd. 12. Impartial due process hearing. (a) A parent or a district is entitled to an
impartial due process hearing conducted by the state when a dispute arises over the identification,
evaluation, educational placement, manifestation determination, interim alternative educational
placement, or the provision of a free appropriate public education to a child with a disability.
The hearing must be held in the district responsible for ensuring that a free appropriate public
education is provided according to state and federal law. The proceedings must be recorded and
preserved, at state expense, pending ultimate disposition of the action.
(b) The due process hearing must be conducted according to the rules of the commissioner
and federal law.
    Subd. 13. Hearing officer qualifications. The commissioner must appoint an individual
who is qualified under this subdivision to serve as a hearing officer. The hearing officer must:
(1) be knowledgeable and impartial;
(2) have no personal interest in or specific involvement with the student who is a party
to the hearing;
(3) not have been employed as an administrator by the district that is a party to the hearing;
(4) not have been involved in selecting the district administrator who is a party to the hearing;
(5) have no personal, economic, or professional interest in the outcome of the hearing other
than properly administering federal and state laws, rules, and policies;
(6) have no substantial involvement in developing state or local policies or procedures
challenged in the hearing;
(7) not be a current employee or board member of a Minnesota public school district,
education district, intermediate unit or regional education agency, or the department if the
department is the service provider; and
(8) not be a current employee or board member of a disability advocacy organization
or group.
    Subd. 14. Request for hearing. A request for a due process hearing must:
(1) be in writing;
(2) describe the nature of the dispute about providing special education services to the
student including facts relating to the dispute; and
(3) state, to the extent known, the relief sought.
Any school district administrator receiving a request for a due process hearing must
immediately forward the request to the commissioner. Within two business days of receiving
a request for a due process hearing, the commissioner must appoint a hearing officer. The
commissioner must not deny a request for hearing because the request is incomplete. A party may
disqualify a hearing officer only by affirmatively showing prejudice or bias to the commissioner
or to the chief administrative law judge if the hearing officer is an administrative law judge. If
a party affirmatively shows prejudice against a hearing officer, the commissioner must assign
another hearing officer to hear the matter.
    Subd. 15. Prehearing conference. A prehearing conference must be held within five
business days of the date the commissioner appoints the hearing officer. The hearing officer
must initiate the prehearing conference which may be conducted in person, at a location within
the district, or by telephone. The hearing officer must create a written verbatim record of
the prehearing conference which is available to either party upon request. At the prehearing
conference, the hearing officer must:
(1) identify the questions that must be answered to resolve the dispute and eliminate claims
and complaints that are without merit;
(2) set a scheduling order for the hearing and additional prehearing activities;
(3) determine if the hearing can be disposed of without an evidentiary hearing and, if so,
establish the schedule and procedure for doing so; and
(4) establish the management, control, and location of the hearing to ensure its fair, efficient,
and effective disposition.
    Subd. 16. Burden of proof. The burden of proof at a due process hearing is on the district to
demonstrate, by a preponderance of the evidence, that it is complying with the law and offered or
provided a free appropriate public education to the child in the least restrictive environment. If
the district has not offered or provided a free appropriate public education in the least restrictive
environment and the parent wants the district to pay for a private placement, the burden of proof
is on the parent to demonstrate, by a preponderance of the evidence, that the private placement
is appropriate.
    Subd. 17. 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 conducting their serious affairs. The hearing officer must give
effect to the rules of privilege recognized by law and exclude evidence that is incompetent,
irrelevant, immaterial, or unduly repetitious.
    Subd. 18. Hearing officer authority. (a) A hearing officer must limit an impartial due
process hearing to the time sufficient for each party to present its case.
(b) A hearing officer must establish and maintain control and manage the hearing. This
authority includes, but is not limited to:
(1) requiring attorneys representing parties at the hearing, after notice and an opportunity to
be heard, to pay court reporting and hearing officer costs, or fines payable to the state, for failing
to: (i) obey scheduling or prehearing orders, (ii) appear, (iii) be prepared, or (iv) participate in
the hearing process in good faith;
(2) administering oaths and affirmations;
(3) issuing subpoenas;
(4) determining the responsible and providing districts and joining those districts, if not
already notified, in the proceedings;
(5) making decisions involving identification, evaluation, educational placement,
manifestation determination, interim alternative educational placement, or the provision of a free
appropriate public education to a child with a disability; and
(6) ordering an independent educational evaluation of a child at district expense.
    Subd. 19. Expedited due process hearings. A parent has the right to an expedited due
process hearing when there is a dispute over a manifestation determination or a proposed or actual
placement in an interim alternative educational setting. A district has the right to an expedited
due process hearing when proposing or seeking to maintain placement in an interim alternative
educational setting. A hearing officer must hold an expedited due process hearing and must issue
a decision within ten calendar days of the request for a hearing. A hearing officer may extend by
up to five additional calendar days the time for issuing a decision in an expedited due process
hearing. All policies in this section apply to expedited due process hearings to the extent they do
not conflict with federal law.
    Subd. 20. Hearing officer's decision; time period. (a) The hearing officer must issue a
decision within 45 calendar days of the date on which the commissioner receives the request for a
due process hearing. A hearing officer is encouraged to accelerate the time line to 30 days for a
child under the age of three whose needs change rapidly and who requires quick resolution of a
dispute. A hearing officer may not extend the time beyond the 45-day period unless requested by
either party for good cause shown on the record. Extensions of time must not exceed a total of 30
calendar days unless both parties and the hearing officer agree or time is needed to complete an
independent educational evaluation. Good cause includes, but is not limited to, the time required
for mediation or other settlement discussions, independent educational evaluation, complexity
and volume of issues, or finding or changing counsel.
(b) The hearing officer's decision must:
(1) be in writing;
(2) state the controlling and material facts upon which the decision is made in order to
apprise the reader of the basis and reason for the decision; and
(3) be based on local standards, state statute, the rules of the commissioner, and federal law.
    Subd. 21. Compensatory educational services. The hearing officer may require the resident
or responsible district to provide compensatory educational services to the child if the hearing
officer finds that the district has not offered or made available to the child a free appropriate
public education in the least restrictive environment and the child suffered a loss of educational
benefit. Such services 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 must be based on a present determination of whether the child has suffered a loss of
educational benefit.
    Subd. 22. Child's educational placement during a due process hearing. (a) Until a due
process hearing under this section is completed or the district and the parent agree otherwise,
the child must remain in the child's current educational placement and must not be denied initial
admission to school.
(b) Until an expedited due process hearing challenging an interim alternative educational
placement is completed, the child must remain in the interim alternative educational setting
until the decision of the hearing officer or the expiration of the 45 days permitted for an interim
alternative educational setting, whichever occurs first, unless the parent and district agree
otherwise.
    Subd. 23. Implementation of hearing officer order. (a) That portion of a hearing officer's
decision granting relief requested by the parent must be implemented upon issuance.
(b) Except as provided under paragraph (a) or the district and parent agree otherwise,
following a hearing officer's decision granting relief requested by the district, the child must
remain in the current educational placement until the time to request judicial review under
subdivision 24 expires or, if judicial review is requested, at the time the Minnesota Court of
Appeals or the federal district court issues its decision, whichever is later.
    Subd. 24. Review of hearing officer decisions. The parent or district may seek review of
the hearing officer's decision in the Minnesota Court of Appeals or in the federal district court,
consistent with federal law. A party must appeal to the Minnesota Court of Appeals within 60
days of receiving the hearing officer's decision.
    Subd. 25. Enforcement of orders. The commissioner must monitor final hearing officer
decisions and ensure enforcement of hearing officer orders.
    Subd. 26. Hearing officer and person conducting alternative dispute resolution are state
employees. A hearing officer or person conducting alternative dispute resolution under this
section is an employee of the state under section 3.732 for purposes of section 3.736 only.
    Subd. 27. Hearing officer training. A hearing officer must participate in training and follow
procedures established by the commissioner.
    Subd. 28. 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 a student's educational progress or the parent's right to
notice, participation, or due process.
History: 1Sp2003 c 9 art 3 s 9; 2004 c 294 art 5 s 11
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.
History: 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 28,164; art 11 s 3; 1999 c 123 s 10
125A.11 SPECIAL INSTRUCTIONS FOR NONRESIDENT CHILDREN.
    Subdivision 1. Nonresident tuition rate; other costs. (a) For fiscal year 2006, 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, excluding a pupil for whom tuition is calculated
according to section 127A.47, subdivision 7, paragraph (d), must be the sum of (1) the actual cost
of providing special instruction and services to the child including a proportionate amount for
special transportation and unreimbursed building lease and debt service costs for facilities used
primarily for special education, plus (2) the amount of general education revenue and referendum
aid attributable to the pupil, minus (3) the amount of special education aid for children with a
disability received on behalf of that child, minus (4) if the pupil receives special instruction and
services outside the regular classroom for more than 60 percent of the school day, the amount
of general education revenue and referendum aid, excluding portions attributable to district and
school administration, district support services, operations and maintenance, capital expenditures,
and pupil transportation, attributable to that pupil for the portion of time the pupil receives special
instruction and services outside of the regular classroom. If the boards involved do not agree upon
the tuition rate, either board may apply to the commissioner to fix the rate. Notwithstanding
chapter 14, the commissioner must then set a date for a hearing or request a written statement
from each board, giving each board at least ten days' notice, and after the hearing or review of
the written statements the commissioner must make an order fixing the tuition rate, which is
binding on both school districts. General education revenue and referendum aid attributable to a
pupil must be calculated using the resident district's average general education and referendum
revenue per adjusted pupil unit.
(b) For fiscal year 2007 and later, when a school district provides special instruction and
services for a pupil with a disability as defined in section 125A.02 outside the district of residence,
excluding a pupil for whom an adjustment to special education aid is calculated according to
section 127A.47, subdivision 7, paragraph (e), special education aid paid to the resident district
must be reduced by an amount equal to (1) the actual cost of providing special instruction and
services to the pupil, including a proportionate amount for special transportation and unreimbursed
building lease and debt service costs for facilities used primarily for special education, plus (2)
the amount of general education revenue and referendum aid attributable to that pupil, minus (3)
the amount of special education aid for children with a disability received on behalf of that child,
minus (4) if the pupil receives special instruction and services outside the regular classroom for
more than 60 percent of the school day, the amount of general education revenue and referendum
aid, excluding portions attributable to district and school administration, district support services,
operations and maintenance, capital expenditures, and pupil transportation, attributable to that
pupil for the portion of time the pupil receives special instruction and services outside of the
regular classroom. General education revenue and referendum aid attributable to a pupil must
be calculated using the resident district's average general education revenue and referendum
aid per adjusted pupil unit. Special education aid paid to the district or cooperative providing
special instruction and services for the pupil must be increased by the amount of the reduction
in the aid paid to the resident district. Amounts paid to cooperatives under this subdivision and
section 127A.47, subdivision 7, shall be recognized and reported as revenues and expenditures
on the resident school district's books of account under sections 123B.75 and 123B.76. If the
resident district's special education aid is insufficient to make the full adjustment, the remaining
adjustment shall be made to other state aid due to the district.
(c) Notwithstanding paragraphs (a) and (b) and section 127A.47, subdivision 7, paragraphs
(d) and (e), a charter school where more than 30 percent of enrolled students receive special
education and related services, an intermediate district, a special education cooperative, or a
school district that served as the applicant agency for a group of school districts for federal
special education aids for fiscal year 2006 may apply to the commissioner for authority to
charge the resident district an additional amount to recover any remaining unreimbursed costs
of serving pupils with a disability. The application must include a description of the costs and
the calculations used to determine the unreimbursed portion to be charged to the resident
district. Amounts approved by the commissioner under this paragraph must be included in the
tuition billings or aid adjustments under paragraph (a) or (b), or section 127A.47, subdivision 7,
paragraph (d) or (e), as applicable.
(d) For purposes of this subdivision and section 127A.47, subdivision 7, paragraphs (d) and
(e), "general education revenue and referendum aid" means the sum of the general education
revenue according to section 126C.10, subdivision 1, excluding alternative teacher compensation
revenue, plus the referendum aid according to section 126C.17, subdivision 7, as adjusted
according to section 127A.47, subdivision 7, paragraphs (a) to (c).
    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.
History: 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 29,164; art 11 s 3;
1Sp2001 c 6 art 3 s 9; 1Sp2005 c 5 art 3 s 7; 2006 c 263 art 3 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 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.
History: 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 30,164; art 11 s 3; 1Sp2003 c 9 art 12 s 13
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.
History: 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 31,164; art 11 s 3
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.
History: 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 32,164; art 11 s 3
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, except as provided in paragraph (d).
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) A privately owned and operated residential facility may enter into a contract to obtain
appropriate educational programs for special education children and services with a joint powers
entity. The entity with which the private facility contracts for special education services shall be
the district responsible for providing students placed in that facility an appropriate educational
program in place of the district in which the facility is located. If a privately owned and operated
residential facility does not enter into a contract under this paragraph, then paragraph (c) applies.
(e) 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.
History: 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 33,164; art 11 s 3; 1998
c 398 art 2 s 11; 1999 c 241 art 2 s 14; 2000 c 489 art 3 s 9
125A.155 SPECIAL EDUCATION RECIPROCITY; COMMISSIONER DUTIES.
The commissioner of education 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.
History: 1999 c 241 art 2 s 15; 2003 c 130 s 12
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.
History: 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 34,164; art 11 s 3; 1998 c 398 art 2 s 12
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 is the district in which the child resides when:
(1) parental rights have been terminated by court order;
(2) the parent or guardian is not living within the state;
(3) no other district residence can be established; or
(4) the 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.
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.
History: 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 36,164; art 11 s 3; 1Sp2001 c 6 art 8 s 4
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.
History: 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 37,164; art 11 s 3; 1998 c 398 art 2 s 13; 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.
History: 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 38,164; art 11 s 3
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.
History: 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 164; art 11 s 3
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 shall pay the nonfederal share of medical assistance services
provided according to section 256B.0625, subdivision 26. Eligible expenditures must not be made
from federal funds or funds used to match other federal funds. Any federal disallowances are
the responsibility of the school district. A school district may pay or reimburse co-payments,
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. (a) 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.
(b) For children enrolled in medical assistance under chapter 256B or MinnesotaCare under
chapter 256L who have no other health coverage, a district shall provide an initial written notice
to the enrolled child's parent or legal representative of its intent to seek reimbursement from
medical assistance or MinnesotaCare for the individual education plan health-related services
provided by the district.
(c) The district shall give the parent or legal representative annual written notice of:
(1) the district's intent to seek reimbursement from medical assistance or MinnesotaCare for
individual education plan health-related services provided by the district;
(2) the right of the parent or legal representative to request a copy of all records concerning
individual education plan health-related services disclosed by the district to any third party; and
(3) the right of the parent or legal representative to withdraw consent for disclosure of a
child's records at any time without consequence.
The written notice shall be provided as part of the written notice required by Code of Federal
Regulations, title 34, section 300.504.
(d) In order to access the private health care coverage of a child who is covered by private
health care coverage in whole or in part, a district must:
(1) obtain annual written informed consent from the parent or legal representative, in
compliance with subdivision 5; and
(2) inform the parent or legal representative that a refusal to permit the district or state
Medicaid agency to access their private health care coverage does not relieve the district of its
responsibility to provide all services necessary to provide free and appropriate public education at
no cost to the parent or legal representative.
(e) If the commissioner of human services obtains federal approval to exempt covered
individual education plan health-related services from the requirement that private health care
coverage refuse payment before medical assistance may be billed, paragraphs (b), (c), and (d)
shall also apply to students with a combination of private health care coverage and health care
coverage through medical assistance or MinnesotaCare.
(f) In the event that Congress or any federal agency or the Minnesota legislature or any state
agency establishes lifetime limits, limits for any health care services, cost-sharing provisions,
or otherwise provides that individual education plan health-related services impact benefits for
persons enrolled in medical assistance or MinnesotaCare, the amendments to this subdivision
adopted in 2002 are repealed on the effective date of any federal or state law or regulation
that imposes the limits. In that event, districts must obtain informed consent consistent with
this subdivision as it existed prior to the 2002 amendments and subdivision 5, before seeking
reimbursement for children enrolled in medical assistance under chapter 256B or MinnesotaCare
under chapter 256L who have no other health care coverage.
    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, co-payments, 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.
History: 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 164; art 11 s 3; 1998 c 398 art 2 s 14; 1999 c 123 s 12; 2000 c 464 art 2 s 1; 2002 c 294
s 2; 2002 c 400 s 3; 1Sp2003 c 9 art 3 s 10
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, postsecondary education and training
institutions, mental health, 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 postsecondary 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.
History: 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 39,164; art 11 s 3; 2004 c 166 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.
History: 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 40,164; art 11 s 3
125A.24 PARENT ADVISORY COUNCILS.
In order to increase the involvement of parents of children with disabilities in district policy
making 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. When a nonpublic school is located in the district, the council must include at least
one member who is a parent of a nonpublic school student with a disability, or an employee of a
nonpublic school if no parent of a nonpublic school student with a disability is available to serve.
Each local council must meet no less than once each year. The number of members, frequency of
meetings, and operational procedures are to be locally determined.
History: 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 41,164; art 11 s 3; 1999 c 123 s 13; 1Sp2005 c 5 art 3 s 8
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.
History: 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

INTERAGENCY EARLY CHILDHOOD INTERVENTION SYSTEM

125A.259 CITATION; INTERAGENCY EARLY CHILDHOOD INTERVENTION
SYSTEM.
Sections 125A.26 to 125A.48 may be cited as the Interagency Early Childhood Intervention
System.
History: 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.
History: 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 164; art 11 s 3
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.
    Subd. 8. Eligibility for Part C. "Eligibility for Part C" means eligibility for early childhood
special education under section 125A.02 and Minnesota Rules.
    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 age birth to three years 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 using rigorous standards to actively seek out,
identify, and refer infants and young children, with, or at risk of, disabilities, and their families,
including a child under the age of three who: (1) is involved in a substantiated case of abuse
or neglect, or (2) is identified as affected by illegal substance abuse, or withdrawal symptoms
resulting from prenatal drug exposure, to reduce the need for future services.
    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 C state plan. "Part C state plan" means the annual state plan application
approved by the federal government.
    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 for the purposes of providing early intervention services.
    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.
History: 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 42,164; art 11 s 3; 1998 c 398 art 2 s 15; 1Sp2001 c 6 art 3 s 10;
2002 c 294 s 3; 1Sp2003 c 9 art 10 s 13; 2006 c 282 art 2 s 13-17
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 108-446, section 641. 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, education, health, human services, a representative from the state
agency responsible for child care, foster care, mental health, homeless coordinator of education of
homeless children and youth, 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.
On the date that Minnesota Part C Annual Performance Report is submitted to the federal
Office of Special Education, the council must recommend to the governor and the commissioners
of education, health, human services, commerce, and employment and economic development
policies for a comprehensive and coordinated system.
Notwithstanding any other law to the contrary, the State Interagency Coordinating Council
expires on June 30, 2009.
History: 1994 c 647 art 3 s 9,34; 1Sp1995 c 3 art 16 s 13; 1996 c 412 art 3 s 4,5; 1997 c
192 s 19; 1Sp1997 c 4 art 2 s 1; 1998 c 397 art 2 s 43,164; art 11 s 3; 1998 c 398 art 2 s 16;
2000 c 254 s 51; 1Sp2001 c 3 art 1 s 14; 1Sp2003 c 9 art 3 s 11; 2004 c 206 s 52; 1Sp2005 c
5 art 3 s 9; 2006 c 282 art 2 s 18
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:
(1) an IFSP for each eligible infant and toddler from birth through age two and the infant's or
toddler's family including:
(i) American Indian infants and toddlers with disabilities and their families residing on a
reservation geographically located in the state;
(ii) infants and toddlers with disabilities who are homeless children and their families; and
(iii) infants and toddlers with disabilities who are wards of the state; or
(2) 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.
History: 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 44,164; art 11 s 3; 2006 c 282 art 2 s 19
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 health, education, and county human
service agencies, county boards, school boards, early childhood family education programs,
Head Start, parents of young children with disabilities under age 12, child care resource and
referral agencies, school readiness programs, 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,
especially parents with premature infants, or infants with other physical risk factors associated
with learning or development complications, of available programs and services;
(2) to reduce families' need for future services, and especially parents with premature infants,
or infants with other physical risk factors associated with learning or development complications,
implement interagency child find systems designed to actively seek out, identify, and refer infants
and young children with, or at risk of, disabilities, including a child under the age of three who: (i)
is involved in a substantiated case of abuse or neglect or (ii) is identified as affected by illegal
substance abuse, or withdrawal symptoms resulting from prenatal drug exposure;
(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) implement a process for assuring that services involve cooperating agencies at all steps
leading to individualized programs;
(6) facilitate the development of a transitional plan if a service provider is not recommended
to continue to provide services;
(7) identify the current services and funding being provided within the community for
children with disabilities under age five and their families;
(8) 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 C, Public Law
108-446) and United States Code, title 20, section 631, et seq. (Chapter I, Public Law 89-313); and
(9) 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, the section on children with special needs in the county child care fund plan, sections
in Head Start plans on coordinated planning and services for children with special needs, any
relevant portions of early childhood education plans, such as early childhood family education or
school readiness, or other applicable coordinated school and community plans for early childhood
programs and services, 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.
History: 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 45,164; art 11 s 3; 1998 c 398 art 3 s 1; 1999 c 123 s 14; 1Sp2003 c
9 art 3 s 12; art 10 s 13; 2006 c 282 art 2 s 20
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.
History: 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 46,164; art 11 s 3
125A.32 INDIVIDUALIZED FAMILY SERVICE PLAN (IFSP).
(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 coordination with other agencies including transition services; 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) measurable results or major outcomes expected to be achieved by the child with the
family's assistance, that include developmentally appropriate preliteracy and language skills for
the child, and the criteria, procedures, and timelines;
(4) specific early intervention services based on peer-reviewed research, to the extent
practicable, 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
C, Public Law 108-446) 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, including convening a transition conference at least 90 days or, at the
discretion of all parties, not more than nine months before the child is eligible for preschool
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.
History: 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 47,164; art 11 s 3; 1Sp2003 c 9 art 10 s 13; 2006 c 282 art 2 s 21
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 or, at the discretion of all parties, not more
than nine months prior to the child's eligibility for preschool 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.
History: 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 48,164; art 11 s 3; 1999 c 123 s 15; 2006 c 282 art 2 s 22
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.
History: 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 49,164; art 11 s 3
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 C 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 C 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 C, Public
Law 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).
History: 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; 1Sp2003 c 9 art 10 s 13
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.
History: 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 51,164; art 11 s 3
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 C eligible children.
History: 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 52,164; art 11 s 3; 1998 c 398 art 2 s 17; 1Sp2003 c 9 art 10 s 13
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.
History: 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 53,164; art 11 s 3
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 C, Public Law 102-119) and United States Code, title 20, section
631, et seq. (Chapter I, Public Law 89-313);
(5) data collection; and
(6) other components of the local early intervention system consistent with Public Law
102-119.
History: 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 164; art 11 s 3; 1Sp2003 c 9 art 10 s 13
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.
History: 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 164; art 11 s 3
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.
History: 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 54,164; art 11 s 3
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 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 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.
History: 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 164; art 11 s 3
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, mediation must be voluntary on the part
of the parties. 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.
History: 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 55,164; art 11 s 3; 1998 c 398 art 2 s 18; 1998 c 408 s 23;
2002 c 294 s 4
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 C, Public Law 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.
History: 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 164; art 11 s 3; 1999 c 123 s 16; 1Sp2003 c 9 art 10 s 13
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 C, Public Law 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.
History: 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 56,164; art 11 s 3; 1Sp2003 c 9 art 10 s 13
125A.46 DUE PROCESS HEARINGS.
The procedures for due process hearings and appeals must be the same as those in section
125A.091. 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.
History: 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 57,164; art 11 s 3; 2004 c 294 art 5 s 12
125A.47 [Repealed, 1Sp2003 c 9 art 3 s 21]
125A.48 STATE INTERAGENCY AGREEMENT.
(a) The commissioners of the Departments of Education, Health, and Human Services
must enter into an agreement to implement this section and Part C, Public Law 108-446, 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 and to ensure the meaningful involvement of underserved groups,
including children with disabilities from minority, low-income, homeless, and rural families, and
children with disabilities who are wards of the state. 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 C, Public Law 108-446, 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 108-446.
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.
History: 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 59,164; art 11 s 3; 2003 c 130 s 12; 2006 c 282 art 2 s 23

ALTERNATIVES FOR DELIVERING SPECIALIZED INSTRUCTION

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 Education, a pupil's rights under this
section cannot be waived by the commissioner.
History: 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; art 5 s 55; 1999 c 241 art 2 s 16,17; 2003 c 130 s 12
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.
(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.
(f) Notwithstanding paragraph (e), if the pupil is homeless and placed in a public or private
homeless shelter, then the district that enrolls the pupil under section 127A.47, subdivision 2,
shall provide the transportation, unless the district that enrolls the pupil and the district in which
the pupil is temporarily placed agree that the district in which the pupil is temporarily placed shall
provide transportation. 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.
(g) 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 if the pupils
cannot be transported on a regular school bus route without special accommodations.
History: 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; 2000 c 489 art 3 s
10; 1Sp2005 c 5 art 1 s 13
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 residential facilities including
detention centers, before being licensed by the Department of Human Services or the Department
of Corrections. Education programs in these facilities shall conform to state and federal education
laws including the Individuals with Disabilities Education Act (IDEA). This section applies only
to placements in facilities licensed by the Department of Human Services or the Department
of Corrections.
    Subd. 2.[Repealed, 2006 c 263 art 3 s 17]
    Subd. 3. Responsibilities for providing education. (a) The district in which the residential
facility is located must provide education services, including special education if eligible, to all
students placed in a facility.
(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.
    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 residential facilities. (a) When a
student is placed in a facility approved under this section 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 under this section 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 residential 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
facility under this section 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. When a student is placed in a facility
approved under this section, 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 under this section 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 covered under this section. Students
who are absent from, or predicted to be absent from, school for 15 consecutive or intermittent
days, and placed at home or in facilities not licensed by the Departments of Corrections or Human
Services are entitled to regular and special education services consistent with this section or
Minnesota Rules, part 3525.2325. 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.
History: 1999 c 241 art 2 s 19; 1Sp2001 c 6 art 3 s 11; 2002 c 375 art 3 s 2; 2006 c 263
art 3 s 2-8
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.
History: 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.
History: 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 postsecondary 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 postsecondary training
programs; and
(4) assist regions and local areas in planning interagency in-service training to develop and
improve transition services.
History: 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 101-336, with reasonable accommodations or
modifications in programs.
History: 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.
History: 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

ASSISTIVE TECHNOLOGY DEVICES

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.
History: 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.
History: 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 Employment and Economic
Development. (a) When a child with a disability transitions into a work environment or enrolls in
a postsecondary course or program, the Department of Employment and Economic Development
may purchase any assistive technology device that the child's former district purchased on the
child's behalf.
(b) The Department of Employment and Economic Development 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 Employment and Economic
Development and the Department of Education are not liable for any nonconformities in the
equipment after it is purchased by the Department of Employment and Economic Development, 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.
History: 1996 c 412 art 3 s 8; 1998 c 397 art 2 s 71,164; 2003 c 130 s 12; 2004 c 206 s 52
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.
History: 1996 c 412 art 3 s 9; 1998 c 397 art 2 s 72,164

ACADEMIES FOR THE DEAF AND BLIND

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.
History: 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 Academy 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 education 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 chapter 13D 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 disabled 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.
History: 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; 2003 c 130 s 12; 2005 c 56 s 1; 2006 c 263 art 7 s 4
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 Education.
    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 commissioner shall establish an advisory committee
for each resource center. The advisory committees shall develop recommendations regarding the
resource centers and submit an annual report to the commissioner on the form and in the manner
prescribed by the commissioner.
History: 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; 2003 c 130 s 12; 2006 c 263 art 3 s 9
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 Education 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.
History: 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; 2003 c 130 s 12
125A.65 ATTENDANCE AT ACADEMIES FOR THE DEAF AND BLIND.
    Subdivision 1. Responsibility allocated. Responsibility for special instruction and services
for a blind/visually impaired or deaf/hard of hearing 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. (a) 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.
(b) For fiscal year 2006, 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 sum of (1) the general education revenue formula allowance
times the pupil unit weighting factor pursuant to section 126C.05 for that child, for the amount
of time the child is in the program, plus (2), if the child was enrolled at the Minnesota State
Academies on October 1 of the previous fiscal year, the compensatory education revenue
attributable to that child under section 126C.10, subdivision 3. 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 for compensatory education
revenue under this paragraph and tuition received under subdivision 4, must be deposited in the
state treasury as provided in subdivision 8.
(c) For fiscal year 2007 and later, the district of the child's residence shall claim general
education revenue for the child, except as provided in this paragraph. Notwithstanding section
127A.47, subdivision 1, an amount equal to the general education revenue formula allowance
times the pupil unit weighting factor pursuant to section 126C.05 for that child for the amount of
time the child is in the program, as adjusted according to subdivision 8, paragraph (d), must be paid
to the Minnesota State Academies. Notwithstanding section 126C.15, subdivision 2, paragraph
(d), the compensatory education revenue under section 126C.10, subdivision 3, attributable to
children enrolled at the Minnesota State Academies on October 1 of the previous fiscal year
must be paid to the Minnesota State Academies. General education aid paid to the Minnesota
State Academies under this paragraph must be credited to their general operation account. Other
general education aid attributable to the child must be paid to the district of the child's residence.
    Subd. 4. Unreimbursed costs. (a) For fiscal year 2006, 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, after
deducting the special education aid under section 125A.76, attributable to the 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.
(b) For fiscal year 2007 and later, the special education aid paid to the academies shall be
increased by the academy's unreimbursed cost of providing an instructional aide assigned to a
child, after deducting the special education aid under section 125A.76 attributable to the child, if
that aide is required by the child's individual education plan. Aid received under this paragraph
must be used by the academies to provide the required service.
(c) For fiscal year 2007 and later, the special education aid paid to the district of the child's
residence shall be reduced by the amount paid to the academies for district residents under
paragraph (b).
(d) Notwithstanding section 127A.45, subdivision 3, beginning in fiscal year 2008, the
commissioner shall make an estimated final adjustment payment to the Minnesota State
Academies for general education aid and special education aid for the prior fiscal year by August
15.
    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, or receive an aid
adjustment, as applicable, 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. (a) On May 1, 1996, and each year thereafter, the board
of the Minnesota State Academies shall count the actual number of Minnesota resident special
education eligible students enrolled and receiving education services at the Minnesota State
Academy for the Deaf and the Minnesota State Academy for the Blind.
(b) For fiscal year 2006, the board of the Minnesota State Academies shall deposit in the state
treasury an amount equal to all tuition received for the basic revenue according to subdivision 3,
less the amount calculated in paragraph (c).
(c) For fiscal year 2006, the Minnesota State Academies shall credit to their general
operation account an amount equal to the tuition received which represents tuition earned for the
total number of students over 175 based on:
(1) the total number of enrolled students on May 1 less 175; times
(2) the ratio of the number of students in that grade category to the total number of students
on May 1; times
(3) the general education revenue formula allowance; times
(4) the pupil unit weighting factor pursuant to section 126C.05.
(d) For fiscal year 2007 and later, the Minnesota State Academies shall report to the
department the number of students by grade level counted according to paragraph (a). The amount
paid to the Minnesota State Academies under subdivision 3, paragraph (c), must be reduced by
an amount equal to:
(1) the ratio of 175 to the total number of students on May 1; times
(2) the total basic revenue determined according to subdivision 3, paragraph (c).
    Subd. 9. Calculation. The sum provided by the calculation in subdivision 8 must be
deposited in the state treasury and credited to the general operation account of the Minnesota State
Academy for the Deaf and the Minnesota State Academy for the Blind.
    Subd. 10. Annual appropriation. There is annually appropriated to the department for the
Minnesota State Academies the tuition or aid payment 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.
History: 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 35,164; art 11 s 3; 1998 c
398 art 6 s 1; 1999 c 241 art 2 s 22-27; 2002 c 374 art 4 s 2-5; 2006 c 263 art 5 s 1-5
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.
History: 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 education.
    Subd. 3. Instructional supervisors. An instructional supervisor at the Academy for the
Deaf or the Academy for the Blind must have appropriate postsecondary 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.
History: 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; 2003 c 130 s 12
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.
History: 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 disabled 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 disabilities eligible to attend. This section does not prevent
a pupil with disabilities 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 special revenue 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 education 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.
History: 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; 2003 c 130 s 12; 2005 c 56 s 1; 2006 c 263 art 5 s 6
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 education 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.
History: 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; 2003 c 130 s 12
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.
History: 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.
History: 1993 c 224 art 11 s 5; 1999 c 241 art 2 s 33
125A.73 DUTIES OF STATE DEPARTMENTS.
    Subdivision 1. Department of Education. The Department of Education 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.
History: 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; 2003 c 130 s 12

SPECIAL NEEDS FUNDING

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 pay the nonfederal share of medical assistance services provided
according to section 256B.0625, subdivision 26, and 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 portion of the services that will subsequently be reimbursed by the federal
government, in the same manner as other 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.
History: 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; 2000 c 488 art 11 s 2,3
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 education, 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 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 sections 256B.0651 and 256B.0653
to 256B.0656 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.
History: 1998 c 397 art 11 s 3; 1998 c 398 art 2 s 2; 1999 c 245 art 4 s 4; 2003 c 130 s 12
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, based on mileage, 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 Education. 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 Education 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.[Repealed, 1Sp2005 c 5 art 3 s 19]
History: 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; 2003 c 130 s 12; 2004 c 294 art 5 s 13; 2006 c 263 art 3 s 10
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, cultural liaisons, related services, and support
services staff providing direct services to students. Essential personnel may also include special
education paraprofessionals or clericals providing support to teachers and students by preparing
paperwork and making arrangements related to special education compliance requirements,
including parent meetings and individual education plans.
(d) "Average daily membership" has the meaning given it in section 126C.05.
(e) "Program growth factor" means 1.046 for fiscal year 2003, and 1.0 for fiscal year 2004
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, 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 amount of the basic revenue, as defined in section 126C.10, subdivision 2, special
education aid, and any other aid earned on behalf of the child 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, 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; and
(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).
The department shall establish procedures through the uniform financial accounting and
reporting system to identify and track all revenues generated from third-party billings as special
education revenue at the school district level; include revenue generated from third-party billings
as special education revenue in the annual cross-subsidy report; and exclude third-party revenue
from calculation of excess cost aid to the districts.
(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 2004 equals $530,642,000. The state total special education aid for fiscal year 2005 equals
$529,164,000. 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 greater of one, or 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
education 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.
(d) A charter school under section 124D.10 shall generate state special education aid based
on current year expenditures for its first four years of operation and only in its fifth and later
years shall paragraphs (a), (b), and (c) apply.
    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, a special education cooperative, a service cooperative, an education
district, or an intermediate district must allocate its approved expenditures for special education
programs among participating school districts.
History: 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; 2000 c 489 art 3 s 11,12; art 10 s
10; 2000 c 499 s 32; 1Sp2001 c 6 art 3 s 12,13; 2002 c 294 s 5; 2002 c 375 art 3 s 3; 2003 c
130 s 12; 1Sp2003 c 9 art 3 s 13,14; 1Sp2005 c 5 art 3 s 10

NOTE: The amendment to subdivision 4 by Laws 2005, First Special Session chapter 5,
article 3, section 10, is effective for revenue for fiscal year 2008. Laws 2005, First Special Session
chapter 5, article 3, section 10, the effective date.

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 Education
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.
History: 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; 2003 c 130 s 12
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 section 125A.76, subdivision 2; minus
(3) revenue for teachers' salaries, contracted services, supplies, and equipment under section
125A.76; minus
(4) tuition receipts under sections 125A.03 to 125A.24 and 125A.65 for services eligible for
revenue under section 125A.76, subdivision 2.
(b) "General revenue" means the sum of the general education revenue according to section
126C.10, subdivision 1, excluding alternative teacher compensation revenue, plus the total
qualifying referendum revenue specified in paragraph (e) 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 1.02 for fiscal year 2003, and 1.0 for fiscal year 2004
and later.
(e) "Total qualifying referendum revenue" means two-thirds of the district's total referendum
revenue as adjusted according to section 127A.47, subdivision 7, paragraphs (a) to (c), for fiscal
year 2006, one-third of the district's total referendum revenue for fiscal year 2007, and none of the
district's total referendum revenue for fiscal year 2008 and later.
    Subd. 2.[Repealed, 1Sp2003 c 9 art 3 s 21]
    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 Education 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) 4.36 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 2005 equals $91,811,000. The state total special education excess
cost aid equals $103,600,000 for fiscal year 2006 and $104,700,000 for fiscal year 2007. The state
total special education excess cost aid for fiscal year 2008 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 greater of one, or 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.155, 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.
History: 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; 2000 c 254 s 36; 2000 c 489 art 3 s 13,14; art 10 s 11; 2003 c 130 s
12; 1Sp2003 c 9 art 3 s 15,16; 1Sp2005 c 5 art 3 s 11,12; 2006 c 263 art 3 s 11
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; and
(8) provide a process for the district to appeal to the commissioner tuition bills submitted
to districts and to the state.
History: 1999 c 241 art 2 s 47; 2000 c 489 art 10 s 12