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14.0 Governance Standards

Quick Links:ASEC By-LawsASEC AgreementCaseload ProceduresRestrictive Procedure Policies


Governance is the administrative structure and long range plans through which the special education system operates.

The Area Special Education Cooperative (ASEC) is a cooperative of 14 school districts in northwestern Minnesota. The Cooperative was formed in 1969 by agreement of local schools to provide a full range of specialized services to children on a district level.

This cooperative is administered by a Board of Directors composed of the superintendents of the 14 school districts and the director and assistant directors of special education.

Each district must have in effect policies that are consistent with State polices established under 34 C.F.R.300.101 through 300.163, and 300.165 through 300.174. Many of those polices are addressed in the previous chapters of the TSES. Each district also has policies that address transition from preschool; ensure compliance with the private school requirements in 300.130 through 300.148 and prevent inappropriate over identification or disproportionate representation by race and ethnicity of children with disabilities. These policies are found in the district's comprehensive documented TSES plan.

Required Policies

Specific policies, procedures and other documentation to demonstrate compliance will be found on each of the fourteen district's policy web page.

14.0 Governance Standards

Legal Citation

The LEA, in providing for the education of children with disabilities within the jurisdiction, must have in effect policies, procedures, and programs that are consistent with the State policies and procedures established under 300.101 through 300.163, and 300.165 through 300.174

The districts within the Area Special Education Cooperative, in providing for the education of children with Disabilities, must have in effect policies, procedures, and programs that are consistent with the State policies and procedures established under 3000.101 through 300.163, and 300.165 through300.174.

14.01 Requirements Placed on the State

14.01.01 Additional Information if the SEA Provides Direct Services

14.01.02 Commingling of Funds, Prohibition Against

14.01.03 Condition of Assistance

14.01.04 Exception for Prior State Plans

14.01.05 Enforcement

14.01.06 Procedural Safeguards, Implementation of

14.02 Requirements Placed on the District

14.02.01 Information for State Education Agency (SEA)

Legal Citation

The district must provide the State with information necessary to enable the State to carry out its duties under Part B of the Act including information relating to performance of children with disabilities participating in programs carried out under Part B of the Act.

34 C.F.R. 300.211

14.02.02 Use of Part B Funds

Amounts provided to the districts under Part B of the Act must be expended in accordance with the applicable provisions of this part; must be used only to pay the excess costs of providing special education and related services to children with disabilities, and must be used to supplement State, local, and other Federal funds and not to supplant those funds.

34 C.F.R.300.202(a)

14.02.03 Personnel Preparation

The LEA must ensure that all personnel necessary to carry out part B of the Act are appropriately and adequately prepared, subject to the requirements of 300.156 (related to personnel qualifications) and section 2122 of the ESEA.

34 C.F.R. 300.207

School districts in the ASEC report the staff development activities and expenditures for both their district and school sites. School districts using state staff development revenue under Minnesota Statute 126C.10, subd. 2 and Minnesota Statute 122A.61 use the state-designated reporting format to submit a copy of their annual staff development report to the Commissioner of Education. All districts, including those not reserving funds, complete a program report, and assigns a staff member to complete this report

 The Area Special Education Cooperative along with the14 school districts verify that all special education staff working with children with disabilities meet the requirements of and are licensed by the State of Minnesota or are in the process of receiving such license. Specific information on district staff and licensure can be obtained from each district's administrative office.

14.02.04 Public Information

The LEA must make available to parents of children with disabilities and to the general public all documents relating to the eligibility of the agency under Part B of the Act.

34 C.F.R. 300.212

14.02.05 Treatment of Charter Schools

The districts within the ASEC do not include any charter schools.

14.03 Requirements Placed on both the LEA and the State

14.03.01 Ensuring Personnel Qualifications

Legal Citation

The State must establish and maintain qualifications to ensure that personnel necessary to carry out the purposes of this part are appropriately and adequately prepared and trained, including that those personnel have the content knowledge and skills to serve children with disabilities.

34 C.F.R.300.156

Each district within the ASEC maintains a list of teachers, their licensure and highly qualified status. Paraprofessionals meet the district and state educational requirements and/or are provided state approved assessments to attain highly qualified status when applicable.

14.03.02 Full Educational Opportunity Goal and Timetable

The State must have in effect policies and procedures to demonstrate that the Sate has established a goal of providing full educational opportunity to all children with disabilities, aged birth through 21, and a detailed timetable for accomplishing that goal.

34 C.F.R. 300.109

14.03.03 IEP

The State must ensure that an IEP or an IFSP that meets the requirements of section 636(d) of the Act is developed, reviewed, and revised for each child with a disability in accordance with 300.320 through 300.324, except as provided in 300.300(b)(3)(i)

34 C.F.R. 300.112

14.03.04 LRE

Except as provided in 300.324(d)(2) (regarding children with disabilities in adult prisons), the Sate must have in effect policies and procedures to ensure that public agencies in the State meet the LRE requirements of this section and 300.155 through 300.120.

Each public agency must ensure that:

  1. To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities are educated with children who are nondisabled; and

  2. Special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in the regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

34 C.F.R. 300.114(a)

14.03.05 Maintenance of State Financial Support

A State must not reduce the amount of Sate financial support for special education and related services for children with disabilities, or otherwise made available because of the excess costs of educating those children, below the amount of that support for the preceding fiscal year.

34. C.F.R. 300.163(a)

14.03.06 Use of Part B Funds

Funds paid to a State under this part must be expended in accordance with all the provisions of this part.

34. C.F.R. 300.162(a)

14.03.07 Performance Goals and Indicators

The State must have in effect established goals for the performance of children with disabilities in the State that promote the purposes of this part; are the same as the State's objectives for progress by children in its definition of adequate yearly progress, including the State's objectives for progress by children with disabilities; address graduation rates and dropout rates, as well as such other factors as the State may determine; and are consistent to the extent appropriate with any other goals and academic standards for children established by the State; have in effect established performance indicators that the State will use to assess progress toward achieving the goals, including measurable annual objectives for progress by children with disabilities and annually report to the Secretary and the public on the progress of the State, and of children with disabilities in the State, toward meeting the goals.

34 C.F.R.300.157

Link to the District Annual Performance Data
Ada/BorupClimaxEast Grand ForksFisherFertile/Beltrami
FosstonNorman County EastNorman County WestRed Lake County Central #627Red Lake County Central #628
Red Lake Falls #630Stephen/Argyle Warren/Alvarado/OsloWin-E-Mac 

14.03.08 Personally Identifiable Information

The State must have policies and procedures in effect to ensure that public agencies in the State comply with 300.610 through 300 626 related to the protecting the confidentiality of any personally identifiable information collected, used, or maintained under Part B of the Act.

34. C.F.R. 300.123

Information regarding each districts data privacy policies may be found in the Student Handbooks for each district.


Minnesota Department of Education

October 2010

Q & A:

Protecting the Privacy of Student Educational Records and Personally Identifiable Information

The Minnesota Department of Education (MDE) Division of Compliance and Assistance has

developed this document to address questions raised by parents and school districts regarding

Written Prior Notice requirements that apply to Part C.



14.03.09 Private Schools

The State must have in effect policies and procedures that ensure that LEAs and, if applicable, the SEA, meet the private school requirements in 300.130 through 300.148.


East Grand Forks has the only private school within the coop. See the East Grand Forks district Policies and Procedures for further documentation.

14.03.10 Procedural Safeguards

The State must have procedural safeguards in effect to ensure that each public agency in the State meets the requirements of 300.500 through 300.536.

Children with disabilities and their parents must be afforded the procedural safeguards identified in the paragraph above.

34. C.F.R.300121

14.03.11 Suspension and Expulsion Rates

The SEA must examine data, including data disaggregated by race and ethnicity, to determine if significant discrepancies are occurring in the rate of long-term suspensions and expulsions of children with disabilities:

  1. Among LEAs in the State; or
  2. Compared to the rates for nondisabled children within the agencies.

If the discrepancies described above are occurring, the SEA reviews and, if appropriate, revises (or requires the affected Sate agency or LEA to revise) its policies, procedures, and practices relating to the development and implementation of IEPs, the use of behavioral interventions, and procedural safeguards, to ensure that these policies, procedures, and practices comply with the Act.

34 C.F.R. 300.170

14.03.12 Transition of Children from Part C to Preschool Programs

The State must have in effect policies and procedures to ensure that:

  1. Children participating in early intervention programs assisted under Par C of the Act, and who will participate in preschool programs assisted under Part B of the Act, experience a smooth and effective transition to those preschool programs in a manner consistent with section 637(a)(9) of the Act;

  2. By the third birthday of a child described in paragraph (1) of this section, an IEP or, if consistent with 300.323(b) and section 636(d) of the Act, an IFSP, has been developed and is being implemented for the child consistent with 3000.12(b); and

  3. Each affected LEA will participate in transition planning conferences arranged by the designated lead agency under section635(a)(10) of the Act.

34 C.F.R. 300.124

14.04 Statues Governing District Structure and Organization

14.04.01 Intermediate District By-Laws and Operating Procedures

See MNN. Stat 136D

The Area Special Education By-Laws and Agreement

14.04.02 Single District By-Laws and Operating Procedures

See Minn. Stat. 123B.09-123B.50

14.05 Total Special Education System (TSES) Plan

14.05.01 Responsibility for All Educational Programs

The Department of Education is responsible for ensuring that all pertinent requirements in the Code of Federal Regulations, and this part are carried out by the local education agencies. Each special education program within the state, including programs administered by any other public agency is under the general supervision of the persons responsible for special education in the Department of Children, Families and Learning.

This shall be done, in part, by reviewing each district's and program' total special education system (TSES) for compliance. Districts and programs shall also be monitored periodically by the Department of Education for their implementation of the TSES and all requirements in United States Code, title 20, Chapter 33, section 1400 et seq., Code of Federal Regulations, title 34, part 300, Minnesota Statues, and this part.

MN.R. 3525.110, subp 1.

14.05.02 District Responsibility

District Plan

A district shall submit to the commissioner the district's plan for providing instruction and related services upon request for all pupils as required by Minnesota Statues, sections 125A.03 to 125A.24. The plan may be for a single district or for the member districts of a formal special education cooperative. The plan shall be considered as part of the annual school district application for program review, but will not be required to be resubmitted annually. If a cooperative changes administrative organization, it shall submit a revised plan. The new plan must be submitted before the beginning of the next school year. The plan shall include descriptions of the districts:

  1. Child study procedures for the identification and evaluation of students;

  2. Method of providing the special education services for the identified pupils. The district shall have, as part of the district's TSES plan, a description of the full range of available education service alternatives. The district's TSES plan shall include:

1. description of the sites available at which services may occur. Sites describe the building or other location where special education occurs;

Each district in the cooperative is capable of providing a free and appropriate public education to all students identified with a disability through a wide variety of option ranging from services provided within the regular classroom environment to full self-contained services within a resource room. Should a student require services for more than 50% of the day in a public or private school or a residential facility, the district will contract for such a program to be provided by such a facility. Students who have been suspended or expelled are provided services in a variety of ways, depending on the needs of the student. Examples of common service provision to suspended or expelled students includes:

Homebound services are available to any student unable to attend school when the district is provided with a medical recommendation documenting such a need. Services to children with disabilities birth to age three are provided either in the home or daycare setting.


Special education services are provided in the following district buildings:

Ada-Borup: Ada Elementary in Ada, Borup Elementary in Borup, Ada High School in Ada;

Climax Shelly: Climax Elementary and High School in Climax;

East Grand Forks: New Heights Elementary, South Point Elementary, Central Middle School, East Grand Forks High School in East Grand Forks;

Fertile-Beltrami: Fertile-Beltrami Elementary and High School in Fertile;

Fisher: Fisher Elementary and High School in Fisher;

Fosston: Magelssen Elementary, Fosston High School in Fosston;

Norman County East: Norman County East Elementary in Gary, Norman County East High School in Twin Valley;

Norman County West: Norman County West Elementary in Hendrum, Norman County West High School in Halstad;

Red Lake County Central: Red Lake County Central Elementary in Plummer, Red Lake County Central High School in Oklee;

Red Lake Falls: J.A. Hughes Elementary, Lafayette High School in Red Lake Falls;

Stephen-Argyle Central: Stephen-Argyle Elementary in Argyle, Stephen-Argyle High School in Stephen;

Win-E Mac: Win-E-Mac Elementary and High School in Erskine.

Warren/Alvarado/Oslo: Warren/Alvarado/Oslo Elementary, Warren/Alvarado/Oslo High School in Warren



2. a description of the available instruction and related services

A continuum of instruction and related services is available in each district that includes such services as special education instruction in the disabilities areas of :

Related services and supports are available in each district. Paraprofessional support, adaptive physical education and speech/language services are provided by each district as appropriate. Other related services are provided through the ASEC such as:

In addition, due process support, monitoring and compliance with MDE, technology support, purchasing assistive devices for disabilities, and medical assistance billing services are provided by the ASEC.

  1. Administration and management plan to assure effective and efficient results of items A and items B, including due process procedure assurances available to parents.

  2. Operating procedures of interagency committees required in statue.

  3. Interagency agreements the district has entered....

  4. Policy describing the district's procedures for implementing the use of conditional interventions with pupils. Policies must be reviewed regularly and shall include, at a minimum, the following components:

    1. ongoing personnel development activities for all staff...

        a. promote the use of positive approaches;

        b. provide an awareness of how to limit the use of aversive and deprivation procedures;

        c. provide an awareness of how to avoid abuse of such procedures;

        d. provide an awareness of specific cautions for the use of conditional procedures with specific populations of pupils or for the use of certain procedures; and

        e. provide staff training requirements for the design and use of all conditional interventions prior to their use.

2. documentation procedures of the use of interventions and maintenance and retention of records of use; and

3. description of the district's procedure for reviewing emergency situations where conditional procedures are used.

MN R. 3525.1100, subp.2

The following information addresses the previous Minnesota Rule requirements for each district:

A. Child Study Procedures

The districts have board approved child study procedures as outlined in the Policy & Procedure section of this TSES.

 B. Method of providing special education students for identified students

Districts within the ASEC offer a variety of programs to meet student's needs. These programs fall on a continuum based on the student's level of need. Brief descriptions are listed below:

Students work directly with special educators on a regular basis. They can work in a variety of settings such as general education classrooms, resource room, separate room or a combination.

This type of service mainly provides consultation services for general or special education teachers. The student typically receives education in the general education classroom, and specialists are available to provide ideas and resources to make that student's experience successful.

This model of service provides pull out support for students. The students leave the general education classroom for assistance with general curriculum, specialized curriculum, and /or behavioral support. Time spent in this setting depends on student need.

This model of service provides instruction for students who need to spend more than half of their school day in a specialized program. Needs addressed in these programs vary, including academic, functional, and behavioral programming. These programs generally operate in conjunction with general education, with the goal of future integration into the general education setting.

On some occasions, student needs surpass what the district can offer. In this event the district contracts with programs outside of the district on a case by case basis.


C. Administration and management plan to assure effective and efficient results of items A and items B

Special education administration and management is provided through the ASEC by a Special Education Director and two Assistant Special Education Directors. Each Director is assigned specific districts and other administrative duties in order to assist each district in implementing their special education responsibilities.

D. & E. Operating procedures for interagency committees and agreements

Information on operating procedures and agreements for the four interagency committees can be found here.

F. Policy describing the district's procedures for implementing the use of restrictive procedures with pupils.

The districts have board approved restrictive policies and procedures as outlined in the Policy & Procedure section of this TSES.

Parent Advisory Councils 

In order to increase the involvement of parents of children with disabilities in district policymaking and decision making, school districts must have a special education advisory council that is incorporated into the district's special education system plan.

  1. this advisory council may be established either for individual districts or in cooperation with other districts who are members of the same special education cooperative.

  2. A district may set up this council as a subgroup of an existing board, council, or committee

  3. At least half of the designated council members must be parents of students with a disability. The number of members, frequency of meetings, and operational procedures are to be locally determined.

Minn. Stat 125A.24

The Area Special Education Coop provides a cooperative Parent Advisory Council for the fourteen school districts. The Council is comprised of at least one parent of a student with a disability from each of the districts. The Council meets one time a year. Information regarding the ASEC Parent Advisory Council can be obtained through the ASEC web site or by contacting Julie Aumock, Assistant Special Education Director.

14.05.03 Exception for Prior Local Plans

If an LEA or a State agency described in 300.228 has on file with the SEA policies and procedures that demonstrate that the LEA or State agency meets any requirement of 300.200, including any policies and procedures filed under Part B of the Act as in effect before December 3, 2004, the SEA must consider the LEA or State agency to have met the requirement for purposes of receiving assistance under Part B of the Act.

34 C.F.R.300.220(a)

14.05.04 Joint Establishment of Eligibility

A. Joint Establishment

An SEA may require an LEA to establish its eligibility jointly with another LEA if the SEA determines that the LEA will be ineligible under this subpart because the agency will not be able to establish and maintain programs of sufficient size and scope to effectively meet the needs of children with disabilities.

34.C.F.R. 300.223(a)

B. Charter School Exception

An SEA may not require a charter school that is an LEA to jointly establish its eligibility under paragraph (a) of this section unless the charter school is explicitly permitted to do so under the State's charter school statute.

34 C.F.R. 300.223(b)

C. Amount of Payments

If an SEA requires the joint establishment of eligibility under paragraph (a) of this section, the total amount of funds made available to the affected LEA must be equal to the sum of the payments that each LEA would have received under 300.705 if the agencies were eligible for those payments.

34 C.F.R. 300.223(c)

D. Requirements

Leas that establish joint eligibility under this section must:

  1. Adopt policies and procedures that are consistent with the State's policies and procedures under 300.101 through 300.163, and 300.165 through 300.174; and

  2. Be jointly responsible for implementing programs that receive assistance under Part B of the Act.

34 C.F.R. 300.224(a)

E. Requirements for Educational Service Agencies

If an educational agency is required by State law to carry out programs under Part B of the Act, the joint responsibilities given to LEAs under Part B of the Act:

  1. Do not apply to the administration and disbursement of any payments received by that educational service agency; and

  2. Must be carried out by that educational service agency.

34.C.F.R. 300.244(b)


Last modified April 2010