2006 Minnesota Statutes

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