Minnesota Administrative Code

3525.1335 OTHER HEALTH DISABILITIES. Subpart 1. Definition. "Other health disability" means having limited strength, endurance, vitality, or alertness, including a heightened or diminished alertness to environmental stimuli, with respect to the educational environment that is due…

3525.1337 PHYSICALLY IMPAIRED. Subpart 1. Definition. "Physically impaired" means a medically diagnosed chronic, physical impairment, either congenital or acquired, that may adversely affect physical or academic functioning and result in the need for special education and related…

3525.1339 SEVERELY MULTIPLY IMPAIRED. Subpart 1. Definition. "Severely multiply impaired" means a pupil who has severe learning and developmental problems resulting from two or more disability conditions determined by an evaluation as defined by part 3525.2710. Subp. 2. Criteria.…

3525.1341 SPECIFIC LEARNING DISABILITY. Subpart 1. Definition. "Specific learning disability" means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in the imperfect ability …

3525.1343 SPEECH OR LANGUAGE IMPAIRMENTS. Subpart 1. Fluency disorder; definition and criteria. "Fluency disorder" means the intrusion or repetition of sounds, syllables, and words; prolongations of sounds; avoidance of words; silent blocks; or inappropriate inhalation, exhalatio…

3525.1345 VISUALLY IMPAIRED. Subpart 1. Definition. "Visually impaired" means a medically verified visual impairment accompanied by limitations in sight that interfere with acquiring information or interaction with the environment to the extent that special education instruction …

3525.1347 [Renumbered 3525.1354] Published Electronically: October 12, 2007

3525.1348 TRAUMATIC BRAIN INJURY (TBI). Subpart 1. Definition. "Traumatic brain injury" means an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that may adversely affect a…

3525.1349 [Renumbered 3525.1356] Published Electronically: October 12, 2007

3525.1350 INFANT AND TODDLER INTERVENTION SERVICES. Subpart 1. Services required. Infant and toddler intervention services under United States Code, title 20, chapter 33, sections 1431, et seq., and Code of Federal Regulations, title 34, part 303, must be available to children fr…

3525.1351 INTERVENTION SERVICES: AGES THREE THROUGH SIX YEARS. The team shall determine that a child from the age of three years through the age of six years is eligible for special education when: A. the child meets the criteria of one of the categorical disabilities in United S…

3525.1352 DEVELOPMENTAL ADAPTED PHYSICAL EDUCATION: SPECIAL EDUCATION. Subpart 1. Definition. "Developmental adapted physical education: special education" means specially designed physical education instruction and services for pupils with disabilities who have a substantial del…

3525.1354 TEAM OVERRIDE ON ELIGIBILITY DECISIONS. Subpart 1. Documentation required. The team may determine that a pupil is eligible for special instruction and related services because the pupil has a disability and needs special instruction even though the pupil does not meet t…

3525.1400 FACILITIES, EQUIPMENT AND MATERIALS. Classrooms and other facilities in which pupils receive instruction, related services, and supplementary aids and services shall: be essentially equivalent to the regular education program; provide an atmosphere that is conducive to …

3525.1550 CONTRACTED SERVICES. Subpart 1. Licensure. When contracting for evaluations or special education services, a district shall contract with personnel who hold appropriate licenses issued by the Professional Educator Licensing and Standards Board or commissioner of educati…

3525.2325 EDUCATION PROGRAMS FOR K-12 PUPILS AND REGULAR STUDENTS PLACED IN CENTERS FOR CARE AND TREATMENT. Subpart 1. When education is required. The district in which the facility is located must provide regular education, special education, or both, to a pupil or regular educa…

3525.2335 EARLY CHILDHOOD PROGRAM SERVICES, ALTERNATIVES, AND SETTINGS. Subpart 1. [Repealed, 19 SR 2432] Subp. 2. Program services, alternatives, and settings. Appropriate program alternatives to meet the special education needs, goals, and objectives of a pupil must be determin…

3525.2340 CASE LOADS. Subpart 1. [Repealed, 19 SR 2432] Subp. 2. [Repealed, 19 SR 2432] Subp. 3. [Repealed, 19 SR 2432] Subp. 4. Case loads for school-age educational service alternatives. A. The maximum number of school-age pupils that may be assigned to a teacher: (1) for pupil…

3525.2350 MULTIDISABILITY TEAM TEACHING MODELS. Subpart 1. Team staff. 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 educat…

3525.2380 VARIANCES FROM RATIOS. Subpart 1. Variances. The district may apply to the commissioner of education or the commissioner's designee for a variance from the case loads in part 3525.2340. The commissioner or the commissioner's designee shall grant a variance for less than…

3525.2385 STATE INTERPRETER/TRANSLITERATOR STANDARDS FOR THE DEAF AND HARD OF HEARING. Subpart 1. Definitions. The terms used in this part have the following meanings: A. "Cued speech" means a system that visually presents traditionally spoken languages. Handshapes representing g…

3525.2405 DIRECTORS. Subpart 1. Director requirement. The school board in every district shall employ, either singly or cooperatively, a director of special education to be responsible for program development, coordination, and evaluation; in-service training; and general special…

3525.2435 EFFORT TO LOCATE PARENT. Reasonable efforts shall be made to locate the parent. These may be made through documented phone calls, letters, certified letters with return receipts, and visits to the parent's last known address. Statutory Authority: MS s 120.17 History: 8 …

3525.2440 SURROGATE PARENT APPOINTMENT. The district shall appoint the surrogate parent when: A. the parent, guardian, or conservator is unknown or unavailable; B. the pupil is a ward of the commissioner of human services; or C. the parent requests in writing the appointment of a…

3525.2450 REMOVAL OF SURROGATE PARENT. A surrogate parent may be removed by majority vote of the school board. The surrogate parent must be notified of the time and place of the meeting at which a vote is to be taken and of the reasons for the proposed removal. The surrogate pare…

3525.2455 SURROGATE PARENT KNOWLEDGE AND SKILLS. The district shall either make the information and training available to the surrogate parent or appoint a surrogate parent who has all of the following: A. a knowledge of state and federal requirements; B. a knowledge of district …

3525.2550 CONDUCT BEFORE EVALUATION. Subpart 1. [Repealed, 26 SR 657] Subp. 2. Team duties. The team shall conduct an evaluation for special education purposes within a reasonable time not to exceed 30 school days from the date the district receives parental permission to conduct…

3525.2600 [Renumbered 3525.2750] Published Electronically: October 12, 2007

3525.2700 [Renumbered 3525.2550] Published Electronically: October 12, 2007

3525.2710 EVALUATIONS AND REEVALUATIONS. Subpart 1. Initial evaluations. A school district shall conduct a full and individual initial evaluation according to this part before the initial provision of special education and related services to a pupil under this chapter. The initi…

3525.2800 [Renumbered 3525.2650] Published Electronically: October 12, 2007

3525.2810 DEVELOPMENT OF INDIVIDUALIZED EDUCATION PROGRAM PLAN. Subpart 1. Definitions. As used in this chapter, the terms defined in this part have the meanings given them. A. "Individualized education program" or "IEP" means a written statement for each pupil that is developed,…

3525.2900 TRANSITION AND BEHAVIORAL INTERVENTION PLANNING. Subpart 1. [Repealed, 26 SR 657] Subp. 2. [Repealed, 16 SR 1543] Subp. 3. [Repealed, 26 SR 657] Subp. 4. [Repealed, 16 SR 1543] Subp. 4. Transition planning. During grade nine the IEP plan shall address the pupil's needs …

3525.3010 EDUCATIONAL PLACEMENT. Subpart 1. Continuum of alternative placements. Each district must ensure that a continuum of alternative placements is available to meet the needs of pupils for special education and related services. The continuum must: A. include instruction in…

3525.3100 FOLLOW-UP REVIEW REQUIREMENTS. Pupils who are discontinued from all special education services may be reinstated within 12 months. If data on the pupil's present levels of performance are available and an evaluation had been conducted within three years pursuant to part…

3525.3600 PRIOR WRITTEN NOTICE. When a district proposes or refuses to initiate or change the identification, evaluation, or educational placement of a pupil, or the provision of FAPE to the pupil, the district must serve prior written notice on the parent. The district must serv…

3525.3700 CONCILIATION CONFERENCE. Subpart 1. When a conference must be offered. Parents must have an opportunity to meet with appropriate district staff in at least one conciliation conference if the parents object to any proposal or refusal of which the parents are notified und…

3525.3750 MEDIATION AND OTHER ALTERNATIVE DISPUTE RESOLUTION. Pursuant to Minnesota Statutes, section 125A.091, and Code of Federal Regulations, title 34, section 300.506, districts must make mediation available. Districts must also inform parents of other forms of alternative di…

3525.3790 TIME COMPUTATION. In computing any period of time prescribed by this chapter, the day of the event from which the designated period of time begins to run shall not be included. The last day of the time period shall be included, unless it is a Saturday, Sunday, or a lega…

3525.3900 INITIATING A DUE PROCESS HEARING. Subpart 1. Request to be filed with department. A parent or a district is entitled to an impartial due process hearing conducted by the state when a dispute arises over the identification, evaluation, educational placement, manifestatio…

3525.4010 HEARING SYSTEM DATA. Subpart 1. [Repealed, 39 SR 1168] Subp. 2. [Repealed, 39 SR 1168] Subp. 3. Evaluation. The department will collect and maintain data on the hearing system which must include, at a minimum: the number of hearing requests, the method of resolving hear…

3525.4110 PREHEARING CONFERENCE. Subpart 1. Generally. A prehearing conference must be held within five business days of the date the department appoints the hearing officer. The hearing officer will initiate the prehearing conference which may be conducted by telephone or in per…

3525.4300 HEARING PROCEDURES. Subpart 1. Generally. The hearing officer shall preside over and conduct the hearing and shall rule on procedural and evidentiary matters. The hearing officer must ensure that issues for hearing are appropriately identified and that evidence is limit…

3525.4320 RULES OF EVIDENCE. Subpart 1. Admissible evidence. The hearing officer may admit all evidence that possesses probative value, including hearsay, if it is the type of evidence on which reasonable, prudent persons are accustomed to rely in the conduct of their serious aff…

3525.4350 CONSOLIDATION OF CASES. Subpart 1. Standards for consolidation. The hearing officer may consolidate two or more separate cases for hearing if the cases present substantially the same issues of fact and law, if the consolidation would save time and costs, and if consolid…

3525.4420 DECISIONS OF HEARING OFFICER. The hearing officer must issue a written decision or order after the hearing and serve the decision or order on all parties. This order must include information detailing the right to appeal the decision and the time in which to do so. The …

3525.4700 ENFORCEMENT AND APPEALS. If the district fails to implement the hearing officer's decision, the parent has the right to bring the failure to the attention of the department through the special education complaint process. The department must monitor final orders and ens…