Title Minnesota Statutes, Minnesota Statutes

125A.21 THIRD-PARTY PAYMENT. § Subdivision 1.Obligation to pay. Nothing in sections 125A.03 to 125A.24 and 125A.65 relieves an insurer or similar third party from an otherwise valid obligation to pay, or changes the validity of an obligation to pay, for services rendered to a chi…

125A.22 COMMUNITY TRANSITION INTERAGENCY COMMITTEE. A district, group of districts, or special education cooperative, in cooperation with the county or counties in which the district or cooperative is located, may establish a community transition interagency committee for youth w…

125A.23 AGENCY ACCESS TO NONPUBLIC DATA. The commissioner of administration must prepare a form and disseminate guidelines for state agencies, political subdivisions, and other responsible authorities to use to enable a responsible authority to allow another responsible authority…

125A.24 PARENT ADVISORY COUNCILS. In order to increase the involvement of parents of children with disabilities in district policy making and decision making, school districts must have a special education advisory council that is incorporated into the district's special educatio…

125A.25 LEGISLATIVE COMMITMENT TO CONCILIATION. § Subdivision 1.Policy statement. The legislature finds that conciliation conferences pursuant to sections 125A.03 to 125A.24 and 125A.65 serve better than formal hearings to promote communications between parents and school staff a…

125A.259 CITATION; INTERAGENCY EARLY CHILDHOOD INTERVENTION SYSTEM. Sections 125A.26 to 125A.48 may be cited as the "Interagency Early Childhood Intervention System." History: 1998 c 397 art 11 s 3

125A.26 PURPOSE. It is the policy of the state to develop and implement comprehensive, coordinated, multidisciplinary interagency programs of early intervention services for children with disabilities and their families. History: 1994 c 647 art 3 s 9,34; 1Sp1995 c 3 art 16 s 13; …

125A.27 DEFINITIONS. § Subdivision 1.Scope. For the purposes of sections 125A.259 to 125A.48, the following terms have the meanings given them. § Subd. 2.Coordinate. "Coordinate" means to provide ready access to a community's services and resources to meet child and family needs.…

125A.28 STATE INTERAGENCY COORDINATING COUNCIL. § Subdivision 1.Membership. An Interagency Coordinating Council of at least 18, but not more than 26 members is established, in compliance with Public Law 108-446, section 641. The members must be appointed by the governor and reaso…

125A.29 RESPONSIBILITIES OF COUNTY BOARDS AND SCHOOL BOARDS. (a) It is the joint responsibility of county boards and school boards to coordinate, provide, and pay for appropriate services, and to facilitate payment for services from public and private sources. Appropriate service…

125A.30 INTERAGENCY EARLY INTERVENTION COMMITTEES. (a) A group of school districts or special education cooperatives, in cooperation with the county and tribal health and human service agencies located in the county or counties in which the districts or cooperatives are located, …

125A.31 LOCAL PRIMARY AGENCY. (a) The local primary agency must: (1) facilitate the development of annual fund requests that identify arrangements with other local and regional agencies providing services as part of the state's early childhood intervention system and that result …

125A.32 INDIVIDUALIZED FAMILY SERVICE PLAN (IFSP). (a) A team must participate in IFSP meetings to develop the IFSP. The team shall include: (1) a parent or parents of the child, as defined in Code of Federal Regulations, title 34, section 303.27; (2) other family members, as req…

125A.33 SERVICE COORDINATION. (a) The team responsible for the initial evaluation and the child- and family-directed assessment and for developing the IFSP under section 125A.32, if appropriate, must select a service coordinator to carry out service coordination activities on an …

125A.34 EARLY INTERVENTION RESPITE SERVICES. The provision of 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: …

125A.35 EARLY INTERVENTION SERVICE DOLLARS. § Subdivision 1.Lead agency; allocation of resources. The state lead agency must administer the early intervention account that consists of federal allocations. The Part C state plan must state the amount of federal resources in the ear…

125A.36 PAYMENT FOR SERVICES. Core early intervention services must be provided at public expense with no cost to parents. Parents must be requested to assist in the cost of additional early intervention services by using third-party payment sources. Payment structures permitted …

125A.37 PAYOR OF LAST RESORT. The state lead agency must maintain a reserve account from federal sources to pay for services in dispute or to pay for early intervention services when local agencies have exhausted all other public and private funds available for Part C eligible ch…

125A.38 MAINTENANCE OF EFFORT. A county human services agency or county board must continue to provide services set forth in their county social service agency plan. The county human services agency or county board must serve children with disabilities under age five and their fa…

125A.39 LOCAL INTERAGENCY AGREEMENTS. School boards and the county board may enter into agreements to cooperatively serve and provide funding for children with disabilities, under age five, and their families within a specified geographic area. The local interagency agreement mus…

125A.40 THIRD-PARTY PAYMENT. Nothing in this section relieves an insurer or similar third party from an otherwise valid obligation to pay, or changes the validity of an obligation to pay, for services rendered to a child with a disability, and the child's family. History: 1994 c …

125A.41 COORDINATING HEALTH INSURANCE BENEFITS. The Department of Health must provide technical assistance in a timely manner to service coordinators, parents of children with disabilities, and agencies in situations requiring the coordination of health insurance benefits, or the…

125A.42 PROCEDURAL SAFEGUARDS; PARENT AND CHILD RIGHTS. (a) This section applies to local school and county boards for children from birth through age two who are eligible for Part C, Public Law 108-446, and their families. This section must be consistent with the Individuals wit…

125A.43 MEDIATION PROCEDURE. (a) The commissioner, or the commissioner's designee, of the state lead agency must use federal funds to provide mediation for the activities in paragraphs (b) and (c). (b) A parent may resolve a dispute regarding issues in section 125A.42, paragraph …

125A.44 COMPLAINT PROCEDURE. (a) An individual or organization may file a written signed complaint with the commissioner of the state lead agency alleging that one or more requirements of the Code of Federal Regulations, title 34, part 303, is not being met. The complaint must in…

125A.45 INTERAGENCY DISPUTE PROCEDURE. (a) A dispute between a school board and a county board that is responsible for implementing the provisions of section 125A.29 regarding early identification, child and family assessment, service coordination, and IFSP development and implem…

125A.46 DUE PROCESS HEARINGS. The procedures for due process hearings and appeals must be the same as those in section 125A.091. The responsibility for payment of costs and conducting due process hearings and appeals shall be allocated to the appropriate agency in accordance with…

125A.48 STATE INTERAGENCY AGREEMENT. (a) The commissioners of children, youth, and families; education; health; and human services must enter into an agreement to implement this section and Part C, Public Law 108-446, and as required by Code of Federal Regulations, title 34, sect…

125A.50 ALTERNATIVE DELIVERY OF SPECIALIZED INSTRUCTIONAL SERVICES. § Subdivision 1.Commissioner approval. The commissioner may approve applications from districts initiating or significantly changing a program to provide prevention services as an alternative to special education…

125A.51 PLACEMENT OF CHILDREN WITHOUT DISABILITIES; EDUCATION AND TRANSPORTATION. The responsibility for providing instruction and transportation for a pupil without a disability who has a short-term or temporary physical or emotional illness or disability, as determined by the s…

125A.515 PLACEMENT OF STUDENTS; APPROVAL OF EDUCATION PROGRAM. § Subdivision 1.Approval of on-site education programs. The commissioner shall approve on-site education programs for placement of children and youth in residential facilities including detention centers, before being…

125A.52 RESIDENTIAL TREATMENT FACILITIES; DEPARTMENTS OF HUMAN SERVICES AND CORRECTIONS EDUCATION SCREENING. § Subdivision 1.Educational screening. Secure and nonsecure residential treatment facilities licensed by the Department of Human Services or the Department of Corrections …

125A.53 DIRECTOR OF A SPECIAL EDUCATION COOPERATIVE. The authority for the selection and employment of the director of a special education cooperative established pursuant to sections 125A.03 to 125A.24 and 125A.65 or section 471.59 is vested in the governing board of the coopera…

125A.55 ACCOMMODATING STUDENTS WITH DISABILITIES. A school or district must provide a student who is an "individual with a disability" under Section 504 of the Rehabilitation Act of 1973, United States Code, title 29, section 794, or under the Americans with Disabilities Act, Pub…

125A.56 ALTERNATE INSTRUCTION REQUIRED BEFORE ASSESSMENT REFERRAL. § Subdivision 1.Requirement. (a) Before a pupil in kindergarten through grade 12 is referred for a special education evaluation, the district must conduct and document at least two instructional strategies, altern…

125A.57 DEFINITION. § Subdivision 1.Applicability. For the purposes of sections 125A.57 to 125A.60, the following terms have the meanings given them. § Subd. 2.Assistive technology device. "Assistive technology device" means any item, piece of equipment, or product system, whethe…

125A.58 PURCHASING GUIDELINES. § Subdivision 1.Rights of districts to purchase school-owned assistive technology. (a) When a child with a disability exits a district and enters a new district, the child's new district may purchase any assistive technology devices that the child's…

125A.59 INTERAGENCY AGREEMENT TO PURCHASE USED ASSISTIVE TECHNOLOGY DEVICES. § Subdivision 1.Option to purchase by Department of Employment and Economic Development. (a) When a child with a disability transitions into a work environment or enrolls in a postsecondary course or pro…

125A.60 PURCHASE AGREEMENT; PRICE FORMULA. The commissioner must develop guidelines for the sale of used assistive technology including a purchase agreement, a formula for establishing the sale price, and other terms and conditions of the sale. History: 1996 c 412 art 3 s 9; 1998…

125A.61 LOCATION AND STATUS. § Subdivision 1.State schools at Faribault. The Minnesota State Academy for the Deaf and the Minnesota State Academy for the Blind are residential schools in Faribault. They are public schools under sections 122A.15 and 122A.16 and state educational i…

125A.62 DUTIES OF THE BOARD OF THE MINNESOTA STATE ACADEMIES. § Subdivision 1.Governance. The board of the Minnesota State Academies shall govern the State Academy for the Deaf and the State Academy for the Blind. The board must promote academic standards based on high expectatio…

125A.63 RESOURCES; DEAF OR HARD-OF-HEARING AND BLIND OR VISUALLY IMPAIRED. § Subdivision 1. [Repealed, 1Sp2015 c 3 art 5 s 31] § Subd. 2.Programs. (a) The department must offer summer institutes or other training programs throughout the state for deaf or hard-of-hearing, blind or…

125A.64 POWERS OF BOARD OF THE MINNESOTA STATE ACADEMIES. § Subdivision 1.Personnel. The board of the Minnesota State Academies may employ central administrative staff members and other personnel necessary to provide and support programs and services at each academy. § Subd. 2.De…

125A.65 ATTENDANCE AT ACADEMIES FOR THE DEAF AND BLIND. § Subdivision 1.Responsibility allocated. Responsibility for special instruction and services for a blind/visually impaired or deaf/hard-of-hearing child attending the Minnesota State Academy for the Deaf or the Minnesota St…

125A.66 OBLIGATIONS OF THE ACADEMIES. § Subdivision 1.Various levels of service. The academies must provide their pupils with the levels of service defined in rules of the state board. § Subd. 2.Pupils' developmental needs. The academies must deal with the developmental needs of …

125A.67 STAFF OF THE ACADEMIES. § Subdivision 1.Academies' administrator. The position of the chief administrator at each academy is in the unclassified service. § Subd. 2.Teacher standards. A teacher at the academies is subject to the licensure standards of the Professional Educ…