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ASEC

5.0 Instructional Delivery of Programs Standards

Instructional delivery of programs refers to the system a district uses to ensure that a free appropriate public educational is available for each child, and that a continuum of alternative placements is available to meet the needs of children or students with disabilities for special education and related services. Each district must ensure that a continuum of alternative placements is available to meet the needs of children with disabilities for special education and related services. This continuum must include, but is not limited to instruction in regular education classes, special classes, special schools, home instruction instruction in hospitals and institutions, instruction at a state academy, instruction in a care and treatment facility approved by MDE, and extended school year services. Each district must also make provision for supplementary services, such as a resource room or itinerant instruction, to be provided in conjunction with regular education class placement.

Required Policies

The districts within the Area Special Education Cooperative must have in effect policies that are consistent with State policies established under 35 C.F.R. 300.101 through 300.163, and 300.165 through 300.174. Among those required policies, the districts must have policies to ensure a full educational opportunity goal and least restrictive environment for all students with disabilities. These policies are included in the TSES plan..

The districts within the Area Special Education Cooperative, include in the sections below a description of its method for providing special education services for identified students, including a description of the full range of available educational services, sites available where services may occur, and available instruction and related services.
MN R. 3525.1100, subp 2(B)

Required Policies

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

 

Through the Interagency Early Intervention Committees, the districts in the cooperative have developed and implemented policies and procedures related to

(1) assuring that services involve cooperating agencies at all steps leading to individualized programs; and

(2) identifying the services and funding being provided within the community for children with disabilities under age five, and their families.

 

Quick Links:Direct and Indirect ServicesMethods of InstructionExtended School YearEarly Childhood Special Education
 Respite ServicesRelated ServicesPrivate Schools and FacilitiesCare and Treatment
 School Age CaseloadsECES CaseloadsPlacement in Residential ProgramExtra Curricular Activities
 Students Not Yet Eligible for Special EducationAssistive TechnologySchool ChoiceTransportation Services
     


5.0 Instructional Delivery of Program Standards

5.1 Free Appropriate Public Education (FAPE)

5.01.01 Availability of FAPE

Every district must provide special instruction and services, either within the district  or in another district, for children with a disability who are residents of the district and who are disabled. 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. 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. 

5.01.02 Limitation on Obligation to Make FAPE Available

A district need not provide services during the periods of removal to a child with a disability who has been removed from his or her current placement for 10 school days or less in that school year, if services are not provided to a child without disabilities who has been similarly removed. However the school must implement alternative educational services when the suspension exceeds five days. Minn. Stat. 121A.41, subd. 10 (3)

Students Incarcerated in Adult Prisons

School districts are not obligated to make special education and related services available to students aged 18 through 21 who in the last educational placement prior to their incarceration in an adult correction facility were not actually identified as being a child with a disability and who did not have an IEP. 34 CFR 300.311(a)

A screening must be conducted by education staff to determine the student's academic, social, and behavioral needs and to determine if there is a need for an appropriate educational evaluation.

5.01.04 Services At No Cost to Parents

Placement in Residential Program

If placement in a public or private residential program is necessary to provide special education and related services to a child with a disability, the program, including non-medical care and room and board, must be at no cost to the parents of the child.

34 CFR 300.104

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 equalization aid attributable to that pupil, calculated using the resident district's average general education revenue and referendum equalization aid per adjusted pupil unit excluding basic skills revenue, elementary sparsity revenue and secondary sparsity revenue, 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 equalization 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, calculated using the resident district's average general education revenue and referendum equalization aid per adjusted pupil unit excluding basic skills revenue, elementary sparsity revenue and secondary sparsity revenue and the serving district's basic skills revenue, elementary sparsity revenue and secondary sparsity revenue per adjusted pupil unit. Notwithstanding clauses (1) and (4), for pupils served by a cooperative unit without a fiscal agent school district, the general education revenue and referendum equalization aid attributable to a pupil must be calculated using the resident district's average general education revenue and referendum equalization aid excluding compensatory revenue, elementary sparsity revenue, and secondary sparsity revenue. 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.

125A.11,sub.1

 

Placement in Private School Facility

 

As provided in Minnesota Statutes, section 125A.05, a pupil's district of residence is responsible for assuring that an appropriate program is provided for all eligible pupils placed by the district's team within the district or in an out-of-district placement regardless of the method or location of instruction used.

Minn. R. 3525.0800, subp.1

5.01.05 Availability of Educational Programs and Services

The State must ensure that each public agency takes steps to ensure that its children with disabilities have available to them the variety of educational programs and services available to nondisabled children in the area served by the agency, including art, music, industrial arts, consumer and homemaking education, and vocational education.

34 C.F.R. 300.110

5.01.06 Participation in Nonacademic and Extracurricular Services and Activities

The State must ensure the following:

  1. Each public agency must take steps, including the provision of supplementary aids and services determined appropriate and necessary by the child's IEP Team, to provide nonacademic and extracurricular services and activities in the manner necessary to afford children with disabilities an equal opportunity for participation in those services and activities.

  2. Nonacademic and extracurricular services and activities may include counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the public agency, referrals to agencies that provide assistance to individuals with disabilities, and employment of students, including both employment by the public agency and assistance in making outside employment available.

34 C.F.R. 300.108

 

IEP teams are required to consider the student's interest in participating in nonacademic and extracurricular activities available to all students. The IEP team must take steps to provide special education  and related services and supplementary aid as determined by the team to be appropriate in order that the student may have the opportunity to participate in extracurricular and other nonacademic activities. The IDEA regulations mirror the general nondiscrimination provisions found in Section 504. Section 504 requires school districts to provide disabled students opportunities to participate in non-academic and extracurricular programs that are equal to the opportunities provided to non-disabled students.

 

The district must ensure that disabled students participate with non-disabled students to the maximum extent appropriate. Disabled students, however must be "qualified". They must meet the essential eligibility requirements (with or without accommodation) for participation in the program or activity. This does not mean such students are entitled to a greater opportunity for participation in nonacademic and extracurricular services, rather it means that the student may explore whether eligible to participate. It does not guarantee the student a place on any competitive team sport.

5.01.07 Availability Of Physical Education Services

The State must ensure that public agencies in the State comply with the following:

  1. Physical education services, specially designed if  necessary, must be made available to every child with a disability receiving FAPE, unless the public agency enrolls children without disabilities and does not provide physical education to children without disabilities in the same grade.

  2. Each child with a disability must be afforded the opportunity to participate in the regular physical education program available to nondisabled children unless:

    1. The child is enrolled full time in a separate facility; or

    2. The child needs specially designed physical education as prescribed in the child's IEP.

  3. If specially designed physical education is prescribed in a child's IEP, the public agency responsible for the education of that child must provide the services directly or make arrangements for those services to be provided through other public or private programs.

  4. The public agency responsible for the education of a child with a disability who is enrolled in a separate facility must ensure that the child receives appropriate physical education services in compliance with this section.

34 C.F.R.300.108

5.01.08 Full Educational Opportunity Goal

The SEA must carry out activities to ensure that 300.114 is implemented by each public agency.

  1. If there is evidence that a public agency makes placements that are inconsistent with 300.114, the SEA must review the public agency's justification for its actions; and assist in planning and implementing any necessary corrective action.

34. C.F.R.300.120

5.2. Methods and Continuum of Instructional Services

Citation

Each district will ensure that a continuum of alternative placements is available to meet the needs of children with disabilities for special education and related services. This continuum must include the alternative placements such as instruction in regular classes, special classes, special schools, home instruction and instruction in hospitals and institutions as well as make provision for supplementary services such as a resource room or itinerant instruction to be provided in conjunction with regular class placement.

3525.3010, sub.1.

5.02.03 Direct and Indirect Services

Indirect services means special education services which include ongoing progress reviews; cooperative planning; consultation; demonstration teaching; modification and adaptation of the environment, curriculum, materials or equipment; and direct contact with the pupil to monitor and observe.  Indirect services may be provided by a teacher or related services professional to another regular education teacher, special education teacher, related services professional paraprofessional, support staff, parents, and public and nonpublic agencies to the extent that the services are written in the pupil's IEP or IFSP.

 M. R. 3525.0210, subp.27

Direct services means special education services provided by a teacher or a related services professional when the services are related to instruction, including cooperative teaching. 

M.R: 3525.0210, subp.14

Also see information under Related Services

5.02.04 Extended School Year (ESY)

Quick Links:    When is Extended School Year Service Needed    What Extended School Year Service Is Not    ESY Criteria       ESY Service Examples

 
As part of the development and content of an annual IEP, the team must discuss ESY needs at each annual IEP and/or periodic review.   An Extended School Year (ESY) is not the same as summer school. ESY is a mandatory extension of special education services to learners with a disability over the summer months.  Although the specific reason for providing ESY vary from learner to learner, the need arises when the IEP team determines the services are necessary during a break in instruction in order to provide a free appropriate public education. The district may not limit extended school year services to particular categories of disability or unilaterally limit the type, amount, or duration of those services.

If the team determines that ESY is appropriate based on the above criteria, then the team needs to determine the amount and type of service for summer that is appropriate to maintain performance on IEP goals.  It is the responsibility of the special education service provider to document student progress on IEP goals and objectives on a regular basis throughout the IEP year.  The IEP team will determine the specific IEP goals and objectives where skill regression/recoupment or self-sufficiency criteria have been documented or is predicted.  Present level of performance at the end of the school year should be preserved and used as a baseline for those student's who may be considered for ESY.

When is Extended School Year Service Needed?

School districts are required to provide extended school year (ESY) services to a pupil if the IEP team determines the services are necessary during a break in instruction in order to provide a free appropriate public education.

MN. Rule. 3525.0755, subp.1

In  implementing the requirements of this section, a public agency may not limit extended school year services to particular categories of disability; or unilaterally limit the type , amount or duration of those services.

34 C.F.R. 300.016(a)(3)

Definitions

Level of Performance. Means a pupil's progress toward annual IEP goals immediately prior to a break in instruction as seen in progress measurements.

Regression. Means a significant decline in the performance of a skill or acquired knowledge, specified in the annual goals as stated in the pupil's IEP, that occurs during a break in instruction.

Recoupment. Means a pupil's ability to regain the performance of a skill or acquired knowledge to approximately the same level of performance just prior to the break in instruction.

Self-Sufficiency. Means the functional skills necessary for a pupil to achieve a reasonable degree of personal independence as typically identified in the annual IEP goals for a pupil requiring a functional curriculum. To attain self sufficiency, a pupil must maintain skills consistent with the pupil's IEP goals in any of these skill areas:

  1. basic self-help, including toileting, eating, feeding, and dressing;

  2. muscular control;

  3. physical mobility;

  4. impulse control;

  5. personal hygiene;

  6. development of stable relationships with peers and adults;

  7. basic communication; or

  8. functional academic competency, including basic reading and writing skills, concepts of time and money, numerical or temporal relationships.

MN Rule 3525.075

ESY Criteria

At least annually, the IEP team must determine a pupil is in need of ESY services if the pupil meets the conditions of item A, B, or C.

A. There will be significant regression of a skill or acquired knowledge form the pupil's level of performance on an annual goal that requires more than the length of the break in instruction to recoup unless the IEP team determines a shorter time for recoupment is more appropriate;

B. Services are necessary for the pupil to attain and maintain self-sufficiency because of the critical nature of the skill addressed by an annual goal, the pupil's age and level of development, and the timeliness for teaching the skill; or

C. The IEP team otherwise determines, given the pupil's unique needs, that ESY services are necessary to ensure that pupil receives a free appropriate public education.

Sources of Information for IEP Team Determination

The IEP team must decide the basis for determining whether a pupil is eligible for ESY services using information including:

  1. Prior observation of the pupil's regression and recoupment over the summer;

  2. Observation of the pupil's tendency to regress over extended breaks in instruction during the school year; and

  3. Experience with other pupils with similar instructional needs.

Other Factors to be Considered

In making its determination of ESY needs the IEP team must consider the following factors, where relevant:

  1. The pupil's progress and maintenance of skills during the school year.

  2. The pupil's degree of impairment;

  3. The pupil's rate of progress;

  4. The pupil's behavioral or physical problems;

  5. The availability of alternative resources;

  6. The pupil's ability and need to interact with nondisabled peers;

  7. The areas of the pupil's curriculum which need continuous attention; or

  8. the pupil's vocational needs.

What Extended School Year Service Is Not:

ESY Service Examples

The following are some examples of possible ESY service provision. They are not all inclusive as each ESY decision must be made based on the individual needs of the child.

5.02.05 Multidisability Team Teaching Model

A district may assign more than one teacher licensed in different areas or one or more teachers and related services staff as a team to provide instruction and related services to pupils in a school-age educational service alternative. There must be a teacher on the team who is licensed in the disability area of each pupil served by the team.

 

The team member licensed in a pupil's disability shall be responsible for conducting the pupil's evaluation and participating at team meetings when an IEP is developed, reviewed, or revised. Consultation and indirect services as defined in part 3525.0210 must be provided to the general or special education teacher providing instruction if not licensed in the disability. The frequency and amount of time for specific consultation and indirect services shall be determined by the IEP team.

 

Pupils may receive instruction and related services from any or all of the team members with appropriate skills. The special education provided by each team member shall be included in the IEP.

MN Rule 3525.2350

5.02.06 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.

MN Statue 125A.27, subd, 6

  1. District Obligation for Special Instruction and Services for Families

The district shall ensure that children with disabilities under age five and their families are provided special instruction and services appropriate to the child's level of functioning and needs.

  1. Types of Early Intervention Services

The following are types of services included under "early intervention services":

 

Minnesota Department of Education

May 2009

Q & A: Truancy

The Minnesota Department of Education (MDE) Division of Compliance and Assistance developed this document to assist school districts who have raised questions about truancy.

 

 

  1. Interagency Policies and Procedures

The interagency early intervention committee (IEIC) in each ASEC county have developed and implemented interagency policies and procedures concerning the following ongoing duties:

 Minn. Stat.125A.30 (b)(4) & (6)

  1. Appropriate Program Alternatives

Appropriate program alternatives to meet the special education needs, goals, and objectives of the pupil must be determined on an individual basis. Choice of specific program alternatives must be based on the pupil's current levels of performance, pupil special education needs, goals, and objectives and written in the IEP. Program alternatives are comprised of type of services, setting in which services occur, and amount of time and frequency in which special education services occur. A pupil may receive special education services in more than one alternative based on the IEP or IFSP.

  1. Types of Special Education Services

There are two types of special education services: services provided direct and services provided indirect.

Minn. R. 3525.2335 subp. 2(A)

The school may provide direct or indirect special education services by district special education staff to a pupil attending a community-based program. The school may contract for special education services with a community-based program if the program meets State rules.

There are three types of settings: home, district early childhood special education (ECSE) classroom, and community-based programs.

  1. Home includes the home of the pupil and parent or relative, or a licensed family child care setting in which the pupil is place by the parent.

  2. District ECSE classroom includes classrooms that are located in district schools or community center buildings housing elementary students or preschool-age children who do not have disabilities.

  3. Community-based programs include licensed public or private nonsectarian child care programs other than a family child care setting, licensed public or private nonsectarian early education programs, community cultural centers, Head Start programs, and hospitals. A school district must provide direct or indirect special education services by district special education staff to a pupil attending a community-based program.

MN R 3525.2335, subp 2(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.

MN Statue 125A/05(b)

 

The district's in the Area Special Education Cooperative uses a Routines Based Intervention (RBI) model for providing intervention services to children under the age of 3 and their parents.

  1. Early Intervention Respite

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.

Minn. State. 125A.34

Early Childhood Stretch Calendar

To meet the needs of infants and young children with special needs as well as their families, we as special educators need to provide support to families and their children throughout the year. The basic concept behind the "stretch calendar" is that a traditional school district calendar (K-12 nine month calendar) is stretched in some form over twelve months.

ASEC Stretch Calendar Concepts

ASEC is committed to providing early childhood special education services in the least restrictive setting appropriate. To that end services for young children will be provided through a variety of options for the families to choose from, including but not limited to:

All services, including related services necessary for the implementation of the child’s IEP/IFSP will be provided in whatever setting is most appropriate.

5.3 Related Services

Quick Links: Need Statements   IEP Goals and Objectives  Intervention Options  Direct Services  Indirect Services  Accommodations  Discontinuation   ASEC Model of Related Service  Educationally Related Therapies Versus Clinical Therapies  Assistive Technology

The district provides related services to assist learners with disabilities to benefit from special education. "Related services" means any specially designed services not provided by regular education or special education instruction to meet the unique needs of a learner with a disability to benefit from the educational program. The term, related services, includes: audiology; assistive technology devices and services; counseling services, including rehabilitation counseling; early identification and assessment of disabilities in learners; medical services for diagnostic or evaluation purposes; music therapy; occupational therapy; orientation and mobility training; parent counseling and training; physical therapy; psychological services; recreation; school health services; social work services in the schools; speech pathology; transition services; transportation; braillists; interpreter services; program support assistants; pupil support assistants; other similar services. (34 CFR 300.16)

In Minnesota, a related service is not a primary special education service. In order for a student to receive OT or PT, the student must be identified as a special education student and both demonstrate a need for special education instruction and demonstrate a need for supplementary or complementary support services.  These services must relate to primary educational goals.  It should be noted, however, that in the birth to three population, the student's primary needs may be in the motor area, and the therapist may be the primary service provider.

Generally, the need for a related service will only become apparent after a learner’s IEP team has reviewed the IEP’s goals and objectives and has determined a lack of progress on the part of the learner or a need for additional support in order to continue progress on the goals. Related services are not determined prior to special education eligibility; therefore, a related service need may not be identified during an initial assessment. On subsequent IEPs or during re-evaluation, the need for a related service should be clearly identified.

 

Minnesota Department of Education

March 17 2011

Q & A: Related Service

The Minnesota Department of Education (MDE) Division of Compliance and Assistance developed this document to assist school districts who have raised questions about related service.

 

 

Need Statements

Based on the student's strengths and weaknesses which were identified within the present levels of performance areas, the team must formulate corresponding statements of education need.   As members of the educational team, occupational therapists and physical therapists share responsibility for helping to identify these needs.  Best proactive asserts that great care and collaboration should take place among team members when writing need statements since they are the rationale for developing goals and objectives, and ultimately for determining the appropriate array of necessary services.

Thoughtfully written needs are based on the team's analysis of the student's functioning, taking into account the skills the child has, the potential to learn, the educational environment, and limitations that are unlikely to be remediated.   Need statements should focus on identifying the specific school tasks or activities the team wants the child to perform, given instruction/intervention or adaptations/accommodations.   As team members, therapist should strive to replace discipline specific jargon with practical, school referenced terms to assure meaning and educational relevance. 

It is inappropriate to designate that a child requires a specific service in a need statement (e.g., "needs occupational therapy", "needs physical therapy").  It is also improper to define methods of intervention as an educational need (e.g., "needs sensory integration", "needs strengthening activities").  Although the student may require specific adaptations in order to perform a task (e.g., foot braces for walking, enlarged print for reading), they should be referenced in the accommodation/modifications section of the IEP rather than referenced in a need statement.   Another error can occur when terms such as "improve", "increase", "maintain", "reduce", etc are incorporated, giving the impression of a goal rather than a need statement (e.g. "needs to write legibly" instead of "needs to improve handwriting").  These examples represent layers of ambiguity and short-sightedness.  Teams can avoid these pitfalls when writing need statement by continually probing, :What does the child need to be able to do?" or asking "Why does the child need this?".  An educational need that is written well targets a specific school task or activity, allows consideration of a broad array of intervention and/or accommodations, and promotes "ownership" by members of the team and can be transformed easily into a goal by adding phrases of directional change and measurable behaviors or outcomes.

IEP Goals and Objectives

The IEP for each child must include a statement of annual goals, including short-term instructional objectives or benchmarks.  Goals and objectives ideally should be developed by the team and not by individual disciplines.  The goals and objectives in the IEP should focus on offsetting or reducing the problems resulting from the child's disability that interfere with learning and education performance in school.  An annual goal cannot be developed in isolation by a therapist.  The therapist should assist in the development of short-term objectives that support attainment of the annual goals.

Intervention Options

There are several options for the delivery of therapy service in an education setting, all of which are based on the identified student's needs as determined through the IEP/IFSP process.  The team will collaborate on the most beneficial service delivery option.   This is based on the student's needs.  Services should be flexible as they need to change as the student's needs change.

In Minnesota, special education services are defined as indirect, direct or accommodations.  While the services are different, one should not be valued more highly than another, as the type of service is determined by the student's needs.

The following definitions are taken from Minnesota Rules and apply to all special education services.  Examples specific to therapy follow.

Direct Services

Direct Services means special education services provided by a teacher or a related services professional when the services are related to instruction, including cooperative teaching.

Direct service is appropriate when:

Indirect Services

Indirect services means special education services which include:

Indirect services may be provided (to the extent that the services are written in the student's IEP or IFSP) by a teacher or related services professional to:

Intervention will be most beneficial when provided in the student's natural settings and when goals and objectives are integrated into the student's daily routine.  This can be accomplished whether indirect or direct service is selected.

Indirect service is chosen when the intervention can be taught to other staff working with the student, but requires regular input of the therapist.   Examples of indirect intervention include working with the student and paraprofessional on eating skills during lunch or snack times, on writing/computer skills during class time, and on mobility skills during transitions within the home/classroom/work setting or around the building/community, and teaching the paraprofessional to work with the student in these settings.

Direct intervention is chosen when a therapist is the only one qualified to provide the intervention.  An example of direct intervention is helping a student regain educationally related functional skills following traumatic brain injury.

Accommodations

Minnesota Rules require that the school district provide a student with reasonable accommodations or modification in programs.  These are stated in the accommodations/modifications section of the IEP and also are stated on the IFSP.  The adaptations include:

 

gradingtechnologycredits
adaptive devicesstafftechniques or methods
transportationcurriculumfacilities
coordination of support servicesmaterials vocational services and equipment
equipment  

 

Accommodations include physical and occupational therapy services that are not defined as direct or indirect, but are determined by the team to be necessary to meet the student's instructional needs which occur on an infrequent or incidental basis.   Examples include providing incidental information regarding environmental access, providing equipment for daily cares (toileting, eating), and providing evacuation plans.   Frequently there is need for technical assistance from the therapist during transitions to new settings.  Therapist who describe their service under the accommodations/modifications section of the IEP should continue to assure that their name and title as a team member be recorded on the front page of the IEP.

Therapists bring unique skills and provide important service to student is the educational setting.  It is essential to realize, however, that a student's therapy service will change in type and duration or be discontinued altogether depending on the student's educational needs.  When students are served in natural education settings such as home, daycare, classroom, workplace, etc., frequent practice of skills can occur and other educational personnel and caregivers can observe and learn how to provide guidance and assistance when the therapist is not present.  This integration of activities into the student's daily routine shifts the focus of therapy from amounts and types of service to attainment of functional skills, which will ultimately enhance a child's educational experience.

Discontinuation of OT or PT Intervention

Therapy may be discontinued for a variety of reasons and the decision to discontinue should be made on a case by case basis.  Discontinuation should occur when:

ASEC Model of Related Service

ASEC schools generally use a consultation service model. The therapist supports the teacher, other staff, and/or parents regarding pupil specific issues but is not the primary provider of service. The therapist’s involvement may include assisting teachers, other staff and parents to understand and adapt to the pupil’s disability; providing suggestions for modifications of educational materials and environment; and/or monitoring pupil’s progress.

The team will use the related service provider as another resource for carrying out the educational goals. Related service providers do not write separate goals, rather their expertise is linked to objectives which are intermediate steps toward accomplishing instructional goals in the IEP. Related services do not appear as separate or distinct goal areas, but are subordinate to instructional goals. For example an OT or DAPE person would not write specific goals, rather the need for their support service would be identified through the educational goals and outlined through the objectives for that goal.

Difference Between Occupational Therapy, Physical Therapy, and Developmental/Adapted Physical Education

The adapted physical education teacher, occupational therapist (OT) and physical therapist (PT) share many commonalties in their professional roles and concerns. One primary distinction is that physical education is an educational service mandated for handicapped children, with adapted physical education being provided when the child’s ability to participate in regular physical education classes is impaired. Occupational therapists and physical therapists have medically based training and experience; their services are mandated only if "required for the handicapped child to benefit from special education".

While all three professions are involved with remedial motor programs, the adapted physical education teacher usually works on a skill level designed to achieve success in the physical education curriculum. The focus of DAPE is on the acquisition of knowledge, abilities, and skills developed through the physical education curriculum. Alternative instruction, specially designed activities, and adaptation of equipment are undertaken to foster success in the physical education setting.

OT and PT may be differentiated from DAPE in that the therapies work on underlying sensory, neurodevelopmental and motor processes that support the development of skills. The focus is more on nervous system functioning as it relates to motor output than on specific skill development. OT and PT also focus on function in non-physical education areas, looking at the student in the total educational environment.

Educationally Related Therapies Versus Clinical Therapies

Therapy services provided in the public schools are different than those provided in clinical settings. The major differences are the intent, location and approach. Therapy services provided in an educational setting use a team approach to help students benefit from educational services.

In the schools, therapy services are not isolated from the educational program. A student’s IEP would not simply list therapy services to be provided, such as range of motion, adaptive devices or transfer skills. Therapy services have to be related to the educational needs. Anticipated or an actual lack of effectiveness of the special physical education program or special education classroom instructional program may be an indicator of a need for therapy services. For example, both the occupational therapist and the physical therapist can provide expertise in the areas of motor development, positioning and adapting the environment. The physical therapist works in conjunction with a physician with children who most often have a physical dysfunction. The PT generally has additional expertise in gross motor skills, posture, ambulation, cardiorespiratory functioning, joint mobility and muscle strength. The OT generally has additional expertise in fine motor, perceptual motor, and sensory motor skills, sensory integration and environmental and equipment adaptations to increase participation in functional daily activities (e.g., feeding, dressing, writing, organizational skills, hygiene, vocational skills and homemaking).

A student may have therapy needs that are most appropriately met outside the educational setting. This may occur when the need for intense therapy service is so significant that it becomes the student’s primary need or when the therapeutic outcome is not expected to have significant impact on educational performance. 

5.03.01 Transition Services

Transition services for students with disabilities may be special education, if provided as specially designed instruction, or a related service, if required to assist a child with a disability to benefit from special education.

34 C.F.R. 300.43(b)

5.0-3.02 Assistive Technology Devices and Services

Assistive technology device means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of a child with a disability. the term does not include a medical device that is surgically implanted, or the replacement of such device.

34 C.F.F. 300.5

Assistive technology service means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. The term includes:

  1. The evaluation of the needs of a child with a disability, including a functional evaluation of the child in the child's customary environment;

  2. Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by children with disabilities;

  3. Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;

  4. Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;

  5. Training or technical assistance for a child with a disability or, if appropriate, that child's family; and

  6. Training or technical assistance for professionals (including individuals providing education or rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of the child.

34 C.F.R.300.6

On a case by case basis, the use of school-purchased assistive technology devices in a child's home or in other settings is required if the child's IEP Team determines that the child needs access to those devices in order to receive FAPE.

34 C.F.R.300.105(a)

Each public agency must ensure that the external components of surgically implanted medical devices are functioning properly. For a child with a surgically implanted medical device who is receiving special education and related services under this part, a public agency is not responsible for the post-surgical maintenance, programming, or replacement of the medical device that has been surgically implanted (or of an external component of the surgically implanted medical device)

34 C.F.R> 300.113(b)

5.04 Staff to Pupil Ratios

5.04.01 Early Childhood Case loads

A teacher's case load must be adjusted downward based on pupils' severity of disability or delay, travel time necessary to serve pupils in more than one program alternative, and if the pupils on the teacher's case loads are receiving services in more than one program alternative or the pupils are involved with other agencies. the maximum number of pupils that can be assigned to a teacher in any early childhood program alternative is:

  1. birth through two years: 12 pupils per teacher;

  2. three through six years: 16 pupils per teacher;

  3. birth through six years: 14 pupils per teacher.

District early childhood special education (ECSE) classes must have at least one paraprofessional employed while pupils are in attendance. The maximum number of pupils in an ECSE classroom at any one time with a teacher and a program support assistant is eight. The maximum number of pupils in an ECSE classroom at any one time with an early childhood team is 16.

MN Rule 3525.2340, subp 5

5.04.02 Case Loads for School-Age Educational Service Alternatives

The maximum number of school-age pupils that may be assigned to a teacher:

  1. for pupils who receive direct special instruction from a teacher 50 percent or more of the instructional day, but less than a full school day:

    1. deaf-blind, autism spectrum disorders, developmental cognitive disability: severe-profound range, or severely multiply impaired, three pupils.

    2. deaf-blind, autism spectrum disorders, developmental cognitive disability: severe-profound range, or severely multiply impaired with one program support assistant, six pupils;

    3. developmental cognitive disability: mild-moderate range or specific learning disabled, 12 pupils;

    4. developmental cognitive disability: mild-moderate range or specific learning disabled with one program support assistant, 15 pupils:

    5. all other disabilities with one program support assistant, ten pupils; and

    6. all other disabilities with two program support assistants, 12 pupils.

MN Rule 3525.2340, subp 4(A)(1)

 

The maximum number of school-age pupils that may be assigned to a teacher:

  1. for pupils who receive direct special education for a full day:

    1. deaf-blind, autism spectrum disorders, developmental cognitive disability: severe-profound range, or severely multiply impaired with one program support assistant, four pupils;

    2. deaf-blind, autism spectrum disorders, developmental cognitive disability: severe-profound range, or severely multiply impaired with two program support assistants, six pupils; and

    3. all other disabilities with one program support assistant, eight pupils.

MN Rule 3525.2340, subp. 4(A)(2)

 

For pupils who receive direct special education less than 50 percent of the instructional day, case loads are to be determined by the local district's policy based on the amount of time and services required by the pupils' IEP plans.

MN Rule 3525.2340, subp. 4(B)

Districts within the coop use a teacher workload analysis process to determine special education case load limits. Specific caseload policies may be found on the district's policy and procedures web page.

 

5.04.03 Variance from Staff to Pupil Ratios

The district may apply to the commissioner of Department of Education, or the commissioner's designee for a variance from the case loads in MN Rule 3525.2340.. The commissioner or the commissioner's designee shall grant a variance for less than 90 school days when it is demonstrated that unanticipated special education enrollment increases have occurred for students with severe disabilities.

MN Rule 3525.2380, subp. 1

5.5 Attendance Outside Resident Public School

5.05.01 Educational Options

  1. School of Parent's 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. The parent of a student with a disability not yet enrolled in kindergarten and not open enrolled in a nonresident district may request that the resident district enter into a tuition agreement with the nonresident district if:

 

(1) the child is enrolled in a Head Start program or a licensed child care setting in the nonresident district; and

(2) the child can be served in the same setting as other children in the nonresident district with the same level of disability.

MN Statues 125A.13

 

  1. Pupil's Placed through Education Choice Option

When a pupil is placed outside of the district of residence by the parent or pupil for the purposed of education and in accordance with statutory education choice enrollment act, the resident district shall be responsible for assuming the cost of the education program when notified in accordance with Minnesota Statues, section 127A.47 subdivision 5. The providing district shall be responsible for assuring that an appropriate program is available for the pupil including the notice and hearing provisions. Responsibility for transportation costs between the pupil's home and the providing school district shall be determined in accordance with Minnesota Statues.

MN Rule 3525.0800, subp, 8

 

Minnesota Department of Education

October 26, 2009

Q & A: Statewide Open Enrollment

The Minnesota Department of Education (MDE) Division of Compliance and Assistance developed this document to assist school districts who have raised questions about open enrollment.

 

 

  1. Child with a Disability Placed in a Private School by the District

Each SEA must ensure that a child with a disability who is placed in or referred to a private school or facility by a public agency:

Is provided special education and related services in conformance with an IEP that meets the requirements of 300.320 through 300.325; and at no cost to parents; is provided an education that meets the standards that apply to education provided by the SEA and LEAs including the requirements of this part except for 300.18 and 300.156(c) and has all of the rights of a child with a disability who is served by a public agency.

34 C.F.R. 300.146

  1. 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.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.

MN Statue 125A.12

 

  1. Placement in a Minnesota Academy

See 5.10 for Admission Standards and Obligations of the Academies

  1. Charter School

Children with disabilities who attend public charter schools and their parents retain all rights under this part.

34 C.F.R> 300.209(a)

5.06 Parental Placement in Private Schools

5.06.01 Disagreements Between Parent and District About the Provision of FAPE

This part does not require an LEA to pay for the cost of education, including special education and related services, of a child with a disability at a private school or facility if that agency made FAPE available to the child and the parents elected to place the child in a private school or facility. However the public agency must include that child in the population whose needs are addressed consistent with 300.131 through 300.144.

34 C.F.R. 300.148(a)

 

5.06.02 Reimbursement for Parents' Expenditure When FAPE is Not Provided

If the parents of a child with a disability, who previously received special education and related services under the authority of a public agency, enroll the child in a private preschool, elementary school, or secondary school without the consent of or referral by the public agency, a court or a hearing officer may require the agency to reimburse the parents for the cost of that enrollment if the court or hearing office finds that the agency had not made FAPE available to the child in a timely manner prior to that enrollment and that the private placement is appropriate. A parental placement may be found to be appropriate by a hearing officer or a court even if it does not meet the State standards that apply to education provided by the SEA and the LEAs.

34 C.F.R> 300.148(c)

The cost of reimbursement described in paragraph (c) of this section may be reduced or denied

  1.  If:

  1. If, prior to the parents' removal of the child from the public school, the public agency informed the parents, through the notice requirements described in 300.503(a)(1), of its intent to evaluate the child (including a statement of the purpose of the evaluation that was appropriate and reasonable), but the parents did not make the child available for such evaluation; or

  2. Upon a judicial finding of unreasonableness with respect to actions taken by the parents.

34 C.F.R.300.148(d)

5.06.03 Provision of Services to Children Enrolled by Their Parents in Private School

  1. Determining Services

Parentally-placed private school children with disabilities means children with disabilities enrolled by their parents in private, including religious, schools or facilities that meet the definition of elementary school in 300.13 or secondary school in 300.36, other than children with disabilities covered under 300.145 through 300.147.

C.F.R. 300.130

 

If a child with a disability is enrolled in a religious or other private school by the child's parents and will receive special education or related services from an LEA, the LEA must:

  1. Initiate and conduct meetings to develop, review, and revise a services plan for the child, in accordance with 300.138(b); and

  2. Ensure that a representative of the religious or other private school attends each meeting. If the representative cannot attend, the LEA shall use other methods to ensure participation by the religious or other private school, including individual or conference telephone calls.

34 C.F.R. 300.137(c)

  1. Consultation with Private School and Parent Representatives

To ensure timely and meaning full consultation, and LEA or, if appropriate, an DEA, must consult with private school representatives and representatives of parents of parentally-placed private school children with disabilities during the design and development of special education and related services for the children regarding the following:

 

34 C.F.R. 300.134(c)-(e)

  1. Location of Services

For those children with a disability under sections 125A.03 to 125A.24 who attend nonpublic school at their parent's choice, a school district may provide special instruction and services at the nonpublic school building, a public school, or at a neutral site other than a nonpublic school as defined in section 123B.41, subdivision 13. The school district shall determine the location at which to provide services on a student-by-student basis, consistent with federal law.

MN Statue 126.194(b)

  1. Personnel to Deliver Services

The services provided to parentally-placed private school children with disabilities must be provided by personnel meeting the same standards as personnel providing services in the public schools, except that private elementary school and secondary school teachers who are providing equitable services to parentally-placed private school children with disabilities do not have to meet the highly qualified special education teacher requirements.

34 C.F.R. 300.138(a)(1)

  1. Level of Service

Parentally-placed private school children with disabilities may receive a different amount of services than children with disabilities in public schools.

34 C.F.R. 300.138(a)(2)

 

  1. Separate Classes Prohibited

An LEA may not use funds available under section 611 or 619 of the Act for classes that are organized separately on the basis of school enrollment or religion of the students if the classes are at the same site; and the classes include students enrolled in public schools and children enrolled in private schools.

34 C.F.R. 300.143

  1. Expenditure

An LEA may not use funds provided under section 622 or 619 of the Act to finance the existing level of instruction in a private school or to otherwise benefit the private school.

 

The LEA must use funds provided under Part B of the Act to meet the special education and related services needs of parentally-placed private school children with disabilities, but not for meeting the needs of a private school or the general needs of the students enrolled in the private school.

34 C.F.R. 300 141

  1. Equipment and Supplies

A public agency must control and administer the funds used to provide special education and related services under 300.137 through 300.139, and hold title to and administer materials, equipment, and property purchased with those funds for the uses and purposes provided in the Act.

The public agency may place equipment and supplies in a private school for the period of time needed for the Part B program.

(c) The public agency must ensure that the equipment and supplies placed in a private school —

(1)  Are used only for Part B purposes; and

(2)  Can be removed from the private school without remodeling the private school facility.

(d) The public agency must remove equipment and supplies from a private school if —

(1)  The equipment and supplies are no longer needed for Part B purposes; or

(2)  Removal is necessary to avoid unauthorized use of the equipment and supplies for other than Part B purposes.

(e) No funds under Part Bo f the Act may be used for repairs, minor remodeling, or construction of private school facilities.

34 C.F.R. 300.144

 

5.06.04 Transportation Services (See also Chapter 11)

 

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

MN Stat.125A.18

5.07 District Initiated Placement in a Private School or Facility

5.07.01 Prior to Placement in a Private School or Facility

Before a public agency places a child with a disability in, or refers a child to, a private school or facility, the agency must initiate and conduct a meeting to develop an IEP for the child in accordance with 300.320 and 300.324.

The agency must ensure that a representative of the private school or facility attends the meeting. If the representative cannot attend, the agency must use other methods to ensure participation by the private school or facility, including individual or conference telephone calls.

34 C.F.R. 300.325(a)

5.07.02 Once Placed in a Private School or Facility

A. Provision of Service

Each SEA must ensure that a child with a disability who is placed in or referred to a private school or facility by a public agency —

(a) Is provided special education and related services —

(1)  In conformance with an IEP that meets the requirements of 300.320 through 300.325; and

(2)  At no cost to the parents;

(b) Is provided an education that meets the standards that apply to educations provided by the SEA and LEAs including the requirements of this part, except for 300.18 and 300.156(c); and

(c) Has all of the rights of a child with a disability who is served by a public agency. 

34 C.F.R. 300.146.

B. Meetings to Review and Revise IEP

After a child with a disability enters a private school or facility, any meetings to review and revise the child’s IEP may be initiated and conducted by the private school or facility at the discretion of the public agency.

 

If the private school or facility initiates and conducts these meetings, the public agency must ensure that the parents and an agency representative —

(i)    Are involved in any decision about the child’s IEP; and

(ii)   Agree to any proposed changes in the IEP before those changes are implemented. (c) Even if a private school or facility implements a child’s IEP, responsibility for compliance with this part remains with the public agency and the SEA.

34 C.F.R. 300.325(b)-(c)

 

5.08 Providing Special Education to Shared-Time Pupils

Public school programs that provide instruction in core curriculum may be provided to shared time pupils only at a public school building. Public school programs, excluding programs that provide instruction in core curriculum, may be provided to shared time pupils at a public school building, a neutral site, the nonpublic school, or any other suitable location. Guidance and counseling and diagnostic and health services required under sections 125A.03 to 125A.24 and 125A.65 may be provided at a nonpublic school building. As used in this subdivision, "diagnostic services" means speech, hearing, vision, psychological, medical and dental diagnostic services and "health services" means physician, nursing or optometric services provided to pupils in the field of physical and mental health

MN Statue 126C.19, sub. 4(a)

 

For those children with a disability under sections 125A.03 to 125A.24 who attend nonpublic school at their parent's choice, a school district may provide special instruction and services at the nonpublic school building, a public school, or at a neutral site other than a nonpublic school as defined in section 123B.41, subdivision 13. The school district shall determine the location at which to provide services on a student-by-student basis, consistent with federal law.

MN Statue 126C.19, sub. 4(b)

5.09 Student Enrolled Outside of the Resident District

The resident district is responsible for the pupil's initial evaluation, initial IEP, due process procedures, and initial placement regardless of whether the placement is within the district or outside the district, unless the pupil is placed for care and treatment or through one of the education choice options. If the team determines that it may be appropriate to consider placement options outside of the resident district, representatives from the outside district, agency, or academy must be invited to attend a team meeting as a participant to complete an appropriate IEP for the pupil including the needs, goals, objectives, services, and placement of the pupil. 

MN Rule 3525.0800, sub. 3

5.09.01 Purchased Services

The district shall not purchase special educational services for a pupil from a public or private agency when the service is available or can be made available and can be more appropriately provided as the least restrictive alternative within the district. Whenever it is appropriate for a district to purchase special education service for pupils with disabilities and who reside in the district, it continues to be the responsibility of the school district, consistent with Minnesota Statutes and parts 3525.0200 to 3525.4770, to assure and ascertain that such pupils and youth receive the education and related services and rights to which they are entitled.

Minn. R. 3525.0800, subp. 2.

5.09.02 Educational and Financial Responsibilities of the Resident District

A.    Development of an Appropriate Program

As provided in Minnesota Statutes, section 125A.05 a pupil’s district of residence is responsible for assuring that an appropriate program is provided for all eligible pupils placed by the district's team within the district or in an out-of-district placement regardless of the method or location of instruction used.

Minn. R. 3525.0800, subp. 1.

The resident district is responsible for the pupil's initial evaluation, initial IEP, due process procedures, and initial placement regardless of whether the placement is within the district or outside the district, unless the pupil is placed for care and treatment or through one of the education choice options.

If the IEP team determines that it may be appropriate to consider placement options outside of the resident district, representatives from the outside district, agency, or academy must be invited to attend a team meeting as a participant to complete an appropriate IEP for the pupil including the needs, goals, objectives, services, and placement of the pupil.

Minn. R. 3525.0800, subp. 3.

If the resident district places a pupil in an out-of-district placement, the resident district is still responsible to assure that an appropriate IEP is developed, that the pupil is placed in the least restrictive environment, and that due process procedures associated with these responsibilities are followed.

It is the responsibility of the providing district, agency, or academy to implement the IEP, conduct periodic and annual reviews, convene and facilitate the IEP team meeting, and assure that due process procedures associated with these responsibilities are followed.

The annual IEP must be developed jointly by the providing district, agency, or academy and resident district. The resident district may appoint a member of the providing district as its representative.

Minn. R. 3525.0800, subp. 4.

The resident district is responsible for resolving disagreements between the pupil's parents and district, including conciliation and due process hearings when the placement has been made by the resident district. If the providing district, agency, or academy receives a request for a conciliation conference, mediation, or due process hearing from the parent, the providing district, agency, or academy must notify the resident district of the parent's request within one school day.

Minn. R. 3525.0800, subp. 5.

B. Other Responsbilities

 

If the districts do not agree on the tuition rate, either district may appeal to the commissioner as provided in Minnesota Statutes, section 125A.11

Minn. R. 3525.0800, subp. 6.

5.09.03 Educational and Financial Responsibilities of the Providing District

A school district may provide direct or indirect special education services by district special education staff to a pupil attending a community-based program. A school district may contract for special education services with a community-based program if the program meets Department of Education rules.

MN Rule 3525.1550, subp,2

If the resident district places a pupil in an out-of-district placement, the resident district is still responsible to assure that an appropriate IEP is developed, that the pupil is placed in the least restrictive environment, and that due process procedures associated with these responsibilities are followed.

It is the responsibility of the providing district, agency, or academy to implement the IEP, conduct periodic and annual reviews, convene and facilitate the IEP team meeting, and assure that due process procedures associated with these responsibilities are followed.

The annual IEP must be developed jointly by the providing district, agency, or academy and resident district. The resident district may appoint a member of the providing district as its representative.

Minn. R. 3525.0800, subp. 4.

The resident district is responsible for resolving disagreements between the pupil's parents and district, including conciliation and due process hearings when the placement has been made by the resident district. If the providing district, agency, or academy receives a request for a conciliation conference, mediation, or due process hearing from the parent, the providing district, agency, or academy must notify the resident district of the parent's request within one school day.

Minn. R. 3525.0800, subp. 5.

B. Other Responsbilities

 

If the districts do not agree on the tuition rate, either district may appeal to the commissioner as provided in Minnesota Statutes, section 125A.11

Minn. R. 3525.0800, subp. 6.

5.09.04 Joint Participation

If the resident district places a pupil in an out-of-district placement, the resident district is still responsible to assure that an appropriate IEP is developed, that the pupil is placed in the least restrictive environment, and that due process procedures associated with these responsibilities are followed.

It is the responsibility of the providing district, agency, or academy to implement the IEP, conduct periodic and annual reviews, convene and facilitate the IEP team meeting, and assure that due process procedures associated with these responsibilities are followed.

The annual IEP must be developed jointly by the providing district, agency, or academy and resident district. The resident district may appoint a member of the providing district as its representative.

Minn. R. 3525.0800, subp. 4.

5.10 Placement in Minnesota State Academies

5.10.10 Admission Standards

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.

MN Statue 125A.69 subd. 1

5.10.02 Obligations of the Academies

The academies must provide their pupils with the levels of service defined in rules of the state board. The academies must deal with the developmental needs of their pupils. 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.

MN Statue 125A.66

5.11 Charter Schools

5.11.01 Charter Schools That Are an LEA or are Part of the LEA

If the public charter school is an LEA, consistent with 300.28 that receives funding under 300.705, that charter school is responsible for ensuring that the requirements of this art are met, unless State law assigns that responsibility to some other entity.

34 C.F.R. 300.2099c)

5.11.02 Charter Schools that are Not Part of the LEA

A charter school must comply with sections 125A.02, 125A.03 to 125A.24, and 125A.65 and rules relating to the education of pupils with a disability as though it were a district.

 

MN 124D10, subp.12

5.12 Care and Treatment

5.12.04 When Education is Required

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.

If the student does not meet the eligibility criteria for special education, regular education services must be provided to that student.

MN Statue 125A.515,sub 4

The district in which a facility is located, must provide regular education, special education or both, to a pupil or regular education student in kindergarten through grade12 placed in a facility or the student’s home for care and treatment.

Education services must be provided to a pupil with a disability or a general education student who is:

The pupil shall begin receiving instruction as soon as practical under treatment conditions. Special education services must be provided as required by the learner’s IEP, and to the extent that treatment conditions allow the learner to participate. Placement for care and treatment does not of itself require special education placement.

M.R. 3525.2325, Subp.1

5.12.05 Provisions of Education for Short-Term Placement

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.

 

MN Statue 125A515, subd. 5(a)

 

A placement for care and treatment is a short-term placement if the anticipated duration of the placement is less than 31 school days. The school district must begin to provide instruction to the pupil or regular education student immediately after the student is enrolled in the program. If the student is enrolled in the educational program without an education record or IEP, the district's procedures must include immediate phone contact with the home school to see if the regular education student has been identified as disabled.

 

A. If a regular education student has been identified as disabled and has a current IEP:

Initial due process procedures for previously identified pupils placed for care and treatment in a short-term facility may be accomplished by telephone; however, the required written documentation, including notices, consent forms, and IEPs, must follow immediately. If the pupil has a current IEP in the home school, the home school must give the providing agency an oral review of the IEP goals and objectives and services provided. the providing agency must contact the parents and together an agreement must be reached about continuing or modifying special education services in accordance with the current IEP goals and objectives. If agreement is not reached over the phone, the providing district shall hold a team meeting as soon as possible. At least the following people shall receive written notice to attend: the person or agency placing the pupil, the resident district, the appropriate teachers and related services staff from the providing district, the parents, and when appropriate, the pupil. This meeting may be held in conjunction with a meeting called by a placing agency. A copy of the documentation, including the modified IEP, must be provided to the parents with a copy of their rights, including a response form.

 

B. If a regular education student has not been identified as disabled or if the providing district cannot determine if a student has been identified as disabled:

  1. Regular education instruct must begin immediately upon enrollment in the education program.

  2. A screening must be conducted by education staf to determine the student's academic, social, and behavioral needs.

  3. Based on the documented results of the screening, a decision must be made about the need for prereferral interventions or an appropriate special education evaluation according to parts 3525.2550 and 3525.2710. It is not required that an appropriate evaluation be started unless it appears that it can be completed.

MN Rule 3525.2325, subp 2.

All due process rights and timelines remain in effect when a pupil with a disability is placed for care and treatment.

5.12.07    Financial Responsibilities for Care and Treatment

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.

MN Statue 125A.15(a)

 

If a district other than the resident district places a pupil for care and treatment, the district placing the pupil must notify and give the resident district an opportunity to participate in the placement decision. When an immediate emergency placement of a pupil is necessary and time constraints foreclose a resident district from participating in the emergency placement decision, the district in which the pupil is temporarily placed must notify the resident district of the emergency placement within 15 days. The resident district has up to five business days after receiving notice of the emergency placement to request an opportunity to participate in the placement decision, which the placing district must then provide.

MN Statue 125A.15(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 program and an appropriate educational program for the child. The resident district may establish reasonable restrictions on transportation, except if a Minnesota court or agency orders the child placed at a day care and treatment program and the resident district receives a copy of the order, then the resident district must provide transportation to and from the program unless the court or agency orders otherwise. Transportation shall only be provided by the resident district during regular operating hours of the resident district. The resident 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.

MN Statue 125A.15(c)

5.12.11 Placement in State Institution

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.

 

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.

MN Stat 125A.16

 

15.12.12 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.

MN Statue 125A.17

 

5.13 Protections for Students Not Yet Eligible for Special Education

5.13.01 Basis of Knowledge

A student who has not been determined to be eligible for special education may assert any of the protections afforded students with disabilities if the district had knowledge that the student was a student with a disability before the behavior that precipitated the disciplinary action occurred. The determination for basis of knowledge includes:

5.13.02 Exception

A public agency would not be deemed to have knowledge under paragraph (b) of this section if the parent of the child has not allowed an evaluation of the child or has refused services or the child has been evaluated and determined to not be a child with a disability.

  34 C.F.R. 300.534(c)

5.13.03 Conditions That Apply If No Basis of Knowledge

If a public agency does not have knowledge that a child is a child with a disability prior to taking disciplinary measurers against the child, the child may be subjected to the disciplinary measurers applied to children without disabilities who engage in comparable behaviors.

34 C.F.R. 300.534(d)(1)

5.13.04 Limitations

If a request is made for an evaluation of a child during the time period in which the child is subjected to disciplinary measures the evaluation must be conducted in an expedited manner. Until the evaluation is completed, the child remains in the educational placement determined by school authorities, which can include suspension or expulsion without educational services.

If the child is determined to be a child with a disability, taking into consideration information from the evaluation conducted by the agency and information provided by the parents, the agency must provide special education and related services.

34 C.F.R. 300.534(d)(2)

Last modified April, 2011