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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.
Copy of assessment reports released to the public
Copy of annual report to commissioner regarding alternative delivery of services
District's special education plan
Documentation of procedures to ensure that each student with a disability has an IEP
Documentation of procedures to ensure full educational opportunity goals
Evidence of performance goals and indicators
Guidelines for accommodations
Parent advisory council membership list, agenda, minutes
Public information regarding the district's Part B eligibility
Website with assessment report information
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.
14.02.01 Information for State Education Agency (SEA)
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
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.
14.03.01 Ensuring Personnel Qualifications
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
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
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.
Minn.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 district's:
Child study procedures for the identification and evaluation of students....
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; and
2. a description of the available instruction and related services
Administration and management plan to assure effective and efficient results of items A and items B, including due process procedure assurances available to parents.
Operating procedures of interagnecy committees required in statue.
Interagency agreements the district has entered....
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.
Minn. R. 3525.1100, subp.2
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.
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.
A district may set up this council as a subgroup of an existing board, council, or committee
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 two times a year.
Last modified January 03, 2008