Total Special Education System Manual
GOODHUE COUNTY EDUCATION DISTRICT #6051-61
395 Guernsey Lane, Red Wing, MN 55066∙ Phone 651.388.4441∙ Fax 651.388.9557
Cannon Falls #252 ∙ Goodhue #253 ∙ Kenyon-Wanamingo #2172 ∙ Lake City #813 ∙ Red Wing #256 ∙ Zumbrota-Mazeppa #2805
Total Special Education System (TSES)
This document serves as the Total Special Education System Plan for the Goodhue County Education District (GCED) and its Member Districts including, Cannon Falls, Goodhue, Kenyon-Wanamingo, Lake City, Red Wing and Zumbrota-Mazeppa in accordance with Minnesota Rule 3525.1100. This plan is for both Education District Programs, as well as, the member districts of this Education District. Accordingly, in the following document, when the GCED is referenced it refers to both the Education District as well as the six independent members. This plan also includes an assurance for compliance with the federal requirements pertaining to districts’ special education responsibilities found in United States Code, title 20, chapter 33, sections 1400 et seq., and Code of Federal Regulations, Title 34, part 300. This document is a companion to the Application for Special Education Funds – Statement of Assurances (ED-01350-29).
Cheryl Johnson, the GCED Executive Director, is responsible for program development, coordination, and evaluation; in-service training; and general special education supervision and administration. Cheryl Johnson may be reached at 651-388-4441.
The District’s identification system is developed according to the requirement of nondiscrimination as the GCED does not discriminate in education on the basis of race, color, creed, religion, national origin, sex, age, marital status, status with regard to public assistance, sexual orientation, or disability.
A. Identification
The GCED has developed systems designed to identify pupils with disabilities beginning at birth, pupils with disabilities attending public and nonpublic schools, and pupils with disabilities who are of school age and are not attending any school.
Infant and toddler intervention services under United States Code, Title 20, Chapter 33, section 1431 et seq., and Code of Federal Regulations, Title 34, part 303, are available in the GCED to children from birth through 2 years of age who meet the outlined criteria.
The team determines that a child from birth through the age of 2 years is eligible for infant and toddler intervention services if:
The team shall determine that a child from the age of 3 years through the age of 6 years is eligible for special education when:
Each Member District’s plan for identifying a child with a specific learning disability is consistent with Minnesota Rule 3525.1341. Each Member District will implement its interventions consistent with that plan. The plan details the specific scientific, research-based intervention (SRBI) approach, including timelines for progression through the model; any SRBI that is used, by content area; the parent notification and consent policies for participation in SRBI; procedures for ensuring fidelity of implementation; and a district staff training plan. The Member District’s plan for identifying a child with a specific learning disability is attached as Appendix A.
B. Evaluation
Evaluation of the child and assessment of the child and family will be conducted in a manner consistent with Code of Federal Regulations, Title 34, §303.321. General. (1) The lead agency must ensure that, subject to obtaining parental consent in accordance with § 303.420(a) (2), each child under the age of three who is referred for evaluation or early intervention services under this part and suspected of having a disability, receives—
(ii) Qualified personnel must use informed clinical opinion when conducting an evaluation and assessment of the child. In addition, the lead agency must ensure that informed clinical opinion may be used as an independent basis to establish a child's eligibility under this part even when other instruments do not establish eligibility; however, in no event may informed clinical opinion be used to negate the results of evaluation instruments used to establish eligibility under paragraph (b) of this section.
The team conducts 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 the evaluation or the expiration of the 14 calendar-day parental response time in cases other than initial evaluation, unless a conciliation conference or hearing is requested.
The GCED conducts full and individual initial evaluation before the initial provision of special education and related services to a pupil. The initial evaluation consists of procedures to determine whether a child is a pupil with a disability that adversely affects the child’s educational performance as defined in Minnesota Statutes, section 125A.02, who by reason thereof needs special education and related services, and to determine the educational needs of the pupil. The district proposing to conduct an initial evaluation to determine if the child qualifies as a pupil with a disability obtains informed consent from the parent of the child before the evaluation is conducted. Parental consent for evaluation is not construed as consent for placement for receipt of special education and related services. The District will not override the written refusal of a parent to consent to an initial evaluation or reevaluation.
Evaluation Procedures
Evaluations and reevaluations are conducted according to the following procedures:
Additional requirements for evaluations and reevaluations
Procedures for determining eligibility and placement
Evaluation report
An evaluation report is completed and delivered to the pupil's parents within the specified evaluation timeline. At a minimum, the evaluation report includes:
GCED must hold a meeting of the IEP Team, conduct or review a functional 6 behavioral analysis, review data, consider developing additional or revised positive behavioral interventions and supports , consider actions to reduce the use of restrictive procedures, and modify the individualized education program or behavior intervention plan as appropriate. The district must hold the meeting: within ten calendar days after district staff use restrictive procedures on two separate school days within 30 calendar days or a pattern of use emerges and the child’s IEP or behavior intervention plan does not provide for using restrictive procedures in an emergency; or at the request of a parent or the district after restrictive procedures are used. The district must review the use of restrictive procedures at a child’s annual IEP meeting when the child’s IEP provides for using restrictive procedures in an emergency.
If the IEP team determines that existing interventions and supports are ineffective in reducing the use of restrictive procedures or the district uses restrictive procedures on a child on ten or more school days during the same school year, the team, as appropriate, either must consult with other professionals working with the child; consult with experts in behavior analysis, mental health, communication, or autism; consult with culturally competent professionals; review existing evaluations, resources and successful strategies; or consider whether to reevaluate the child.
At the IEP meeting, the team must review any known medical or psychological limitations, including any medical information the parent provides voluntarily, that contraindicate the use of a restrictive procedure, consider whether to prohibit that restrictive procedure, and document any prohibition in the IEP or behavioral intervention plan.
C. Plan for Receiving Referrals
The GCED plan for receiving referrals from parents, physicians, private and public programs, and health and human services agencies is attached as Appendix A.
Referrals are made to GCED from a variety of sources. A family member, service provider, care provider, or physician may call directly to the school district. School staff may also make a referral. Specific procedures are described below. Birth through age two referral procedures: When a referral is made directly to the district for a child under the age of three, the information is provided to the Early Intervention provider in the appropriate district where the family lives. Early Intervention Teachers are also Service Coordinators for this cooperative, and are appointed to gather information regarding the referral source and referring concerns. Parents are contacted and a determination is made whether the child will undergo a screening procedure or a full evaluation. If a screening is conducted and the child is suspected of having a disability, an evaluation plan is proposed to the parent.
Referrals can also be made to MN Help Me Grow via an electronic submission or over the phone. Any referrals made for GCED are passed on via encrypted email to GCED Support Staff Member, who then determines the correct address and district to forward on the referral to Early Intervention staff. During the summer months, referrals are still processed for children under the age of three. A modified summer contact list is created to ensure that service coordinators are provided with the necessary referral information in a timely fashion.
Age 3 to Pre-kindergarten:
When a referral is made to the district for a child younger than kindergarten age, the information is provided to the ECSE service providers in GCED as appropriate. A referral manager is immediately appointed and the referral process is initiated through contact with parent/s to gather information and concerns. The referral manager works with the parents and other service providers to determine if an evaluation is necessary. Within 14 days of the referral, the parent is provided with either an evaluation plan or a Prior Written Notice refusing to evaluate their child.
Referrals can also be made to MN Help Me Grow via electronic submission or over the phone. Any referrals made for GCED are passed on via encrypted email to a GCED Support Staff Member, who then determines the correct address and district to forward on the referral to ECSE service providers.
Referral procedures for public and nonpublic school students are as follows for students between ages 5 and 21:
A concern is identified by a parent or teacher; School districts are under an obligation to respond to either a verbal or written request for evaluation. The U.S. Office of Special Education and Rehabilitative Services (OSERS) clarifies this point:
A school professional may ask that a child be evaluated to see if he or she has a disability. Parents may also contact the child’s teacher or other school professional to ask that their child be evaluated. This request may be verbal or in writing. Parental consent is needed before the child may be evaluated. Evaluation needs to be completed within a 30 day time period after the parent gives consent. A guide to the Individualized Education Program, Office of Special Education and Rehabilitative Services, U.S. Department of Education. p. 2 (July 2000).
Each district has pre-referral teams to provide support for the classroom teacher on a regular basis. The team is generally composed of Administration, Special and General Education teachers. The recommended pre-referral process is:
1. Classroom teacher identifies student concerns and provides baseline data in the area of concern and meets with the pre-referral team.
2. The pre-referral team formulates the intervention plan and timelines for data collection.
3. A teacher-directed intervention, above and beyond the regular education curriculum, is implemented and data supporting progress is collected.
4. Results are reviewed with the pre-referral team. The team determines the next step in the process. If the intervention is successful, the teacher continues implementing that intervention. If the intervention is unsuccessful, a second teacher-directed intervention is implemented and data supporting progress is collected.
5. If two unsuccessful interventions are implemented, a referral is made to the Child Study Team.
There are situations when a student’s special education evaluation team may waive the prereferral intervention requirements. This may include a student who enters the district with a documented history of blindness, deafness, developmental cognitive delays, paraplegia, autism, traumatic brain injury, or a student whose disability is well documented or has had an IEP in the last 12 months. Parents may also request an evaluation.
The referral and interventions are given to the Child Study Team (CST) to formulate a plan.
1. The multidisciplinary CST reviews pre-referral information and interventions and may contact parent, teacher(s) or others for additional information.
2. If the team determines the referral is appropriate, an Evaluation Plan / Parent Consent/Objection Form will be completed. Documents will be sent to parents for review and written approval.
The team should consist of the following personnel whenever feasible:
A. licensed special education staff;
B. a person knowledgeable in evaluation for the specific disability;
C. parent*; and
D. the referring person (when appropriate)
Parents must be provided with the opportunity to participate in the decision-making when their child is being considered for special education evaluation. The parent must be notified of the intent to develop an evaluation plan. It is recommended that the parent and classroom teacher discuss concerns regarding the student prior to the referral which should be made to the building pre-referral teams to implement and review the interventions already attempted, determine the need for evaluation, and assign a case manager. The district staff assigned will provide the parent with an opportunity to have any questions or concerns answered about the evaluation process and the instruments used.
If the parent wishes to be a part of the planning process but is unable to attend the meeting, the case manager should seek input and provide the parent with an opportunity to have questions answered. Attempts to include the parent in the meeting and/or opportunities for participation should be documented in the student’s due process paperwork.
The GCED provides a full range of educational service alternatives. All students with disabilities are provided with special instruction and services which are appropriate to their needs. The following is representative of the GCED method of providing the special education services for the identified pupils, sites available at which service may occur, and instruction and related services that are available.
Appropriate program alternatives to meet the special education needs, goals, and objectives of a pupil are determined on an individual basis. Choice of specific program alternatives are based on the pupil’s current levels of performance, pupil special education needs, goals, and objectives, and must be written in the IEP. Program alternatives are comprised of the type of services provided, the setting in which services occur, and the 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.
Phone 651-388-4441
*Federal Setting IV Programs and STEP Services are located at this site.
Phone 507-263-6800
Phone 507-263-6800
Phone 651-923-4447
Phone 507-784-2211
Phone 507-789-6186
Phone 651-345-2781
Phone 651-345-4553
Phone 651-385-8000
Phone 651-385-4570
Phone 651-385-4700
Phone 651-385-4530
Phone 651-385-4601
**18 - 21 Transition Programming for students with the most significant cognitive disabilities are located at the Red Wing High School Campus for all Member Districts.
Phone 651-388-8963
Phone 507-732-1400
Phone 507-732-7848
Phone 507-732-1420
Phone 507-732-7395
Services are also provided in student’s homes and/or day care placements when deemed the least restrictive environment by IEP or IFSP teams. Services may also be provided throughout the MEMBER Districts’ communities when IEP teams have determined community-based instruction is necessary in order to provide FAPE.
The GCED utilizes the following administration and management plan to assure effective and efficient results of child study procedures and method of providing special education services for the identified pupils:
Staff Name Title Main District of Responsibility | Contact Information Phone, Email, Office Address | Brief Description of Staff Responsibilities Relating to Child Find Procedures and Methods of Providing Special Education Services | Additional Information |
Cheryl Johnson, Executive Director | 651-398-6355 395 Guernsey Lane Red Wing, MN 55066 | Responsible for program development, coordination, and evaluation; in-service training; and general special education supervision and administration | Supervision of Administrative Team and School Psychologists Human Rights and ADA |
Nicole Bolduan, Director of Special Education/ Principal River Bluff Education District & Tower View | 651-388-4441 395 Guernsey Lane Red Wing, MN 55066 | Responsible for program development, coordination, and evaluation; in-service training; and general special education supervision and administration | Title IX |
Kayla Awolope Assistant Director of Special EducatRed Wing School District | 651-385-4606 2451 Eagle Ridge Drive Red Wing, MN 55066 | Responsible for program development, coordination, and evaluation; in-service training; and general special education supervision and administration | |
Jess Whitcomb Director of Equity and Instructional Services GCED | 651-388-4441 395 Guernsey Lane Red Wing, MN 55066 | Responsible for program development, coordination, and evaluation; in-service training; and general special education supervision and administration | ADSIS MTSS Lead Instructional Coaches Professional Development Instruction |
Alisha Dalsin, Coordinator Cannon Falls School District | 507-263-6800 dalsin.alisha@cf.k12.mn.us 820 E. Minnesota Street Cannon Falls, MN 55009 | Responsible for program development, coordination, and evaluation; in-service training | Assessment Systems |
Jill Rohan, Coordinator Goodhue School District & Lake City School District | 651-923-4447 510 3rd Avenue Goodhue, MN 55027 651-345-4553 300 S. Garden Street Lake City, MN 55041 | Responsible for program development, coordination, and evaluation; in-service training | |
Amy Buchal, Assistant Director of Special Education Kenyon-Wanamingo | 507-789-6186 400 6th Street Kenyon, MN 55946 | Responsible for program development, coordination, and evaluation; in-service training; and general special education supervision and administration | |
Wendy Ahern, Assistant Director of Special Education Zumbrota-Mazeppa | 507-732-7848 799 Mill Street Zumbrota, MN 55992 | Responsible for program development, coordination, and evaluation; in-service training; and general special education supervision and administration | Restrictive Procedures |
Min MartinOakes, Coordinator B-3 Countywide | 651-388-4441 395 Guernsey Lane Red Wing, MN 55066 | Responsible for program development, coordination, and evaluation; in-service training; and general special education supervision and administration | |
Brittni Kuehl, Coordinator Colvill, Red Wing | 651-385-8000 269 East 5th Street Red Wing, MN 55066 | Responsible for program development, coordination, and evaluation; in-service training; and general special education supervision and administration | |
Jennifer Marquardt, Coordinator River Bluff Education District | 651-388-4441 395 Guernsey Lane Red Wing, MN 55066 | Responsible for program development, coordination, and evaluation; in-service training | Assessment Systems |
Carrie Hansen, Coordinator 5RiversOnline & Red Wing | 651-388-4441 395 Guernsey Lane Red Wing, MN 55066 | Responsible for program development, coordination, and evaluation; in-service training |
without the prior written consent of the child’s parent. A district may not override the written refusal of a parent to consent to an initial evaluation or reevaluation.
The GCED has entered in the following interagency agreements or joint powers board agreements for eligible children, ages 3 to 21, to establish agency responsibility that assures that interagency services are coordinated, provided, and paid for, and that payment is facilitated from public and private sources:
Name of Agency | Terms of Agreement | Agreement Termination/ Renewal Date | Comments |
Community Transition Interagency Committee | see Appendix C | see Appendix C | |
Interagency Early Intervention Committee | see Appendix D | see Appendix D |
In order to increase the involvement of parents of children with disabilities in district policy making and decision making, The GCED has a Special Education Advisory Council.
The district has a nonpublic school located in its boundaries and the parent advisory council includes at least one member who is a parent of a nonpublic school student with a disability, or an employee of a nonpublic school if no parent of a nonpublic school student with a disability is available to serve.
Code of Federal Regulations, section 300.201: Consistency with State policies. The GCED, in providing for the education of children with disabilities within its jurisdiction, has in effect policies, procedures, and programs that are consistent with the State policies and procedures established under sections 300.101 through 300.163, and sections 300.165 through 300.174. (Authority: 20 U.S.C. § 1413(a)(1)).
Assurances are submitted to the Minnesota Department of Education, annually, on or before November 15.
Appendix A
GCED Pre-referral Intervention and Referral Process
Pre-referral Interventions are selected by the Student Support Team (SST) in an attempt to assist the classroom teacher(s) in resolving the presenting problem within the general education setting. Pre- referral interventions shall be conducted prior to consideration for special education eligibility. In developing pre-referral interventions, the SST shall:
The SST may elect to:
Based upon data obtained through the above procedures, the Team, in consultation with the classroom teacher (or parent, as appropriate), shall develop a plan of action designed to remediate the presenting problem. This plan is to be implemented by the teacher, parent and/or other general education personnel as part of the general education program. Through the consultation process, Team members and the teacher (or parent) collaboratively review, revise and evaluate the effects of the pre-referral intervention(s).
Although the SST must be granted flexibility in creatively attempting to resolve problems within the general education setting, no student specific, individually administered evaluation instruments/procedures normally used to determine eligibility for special education shall be administered, nor shall the student be placed within a special education classroom on a ‘trial’ basis or for behavior management purposes, nor shall the student be provided individualized instruction by special education personnel as part of a pre-referral intervention.
Referral for evaluation shall occur when:
Nonpublic and Interagency Referral Receiving Referral
Legal Citations
Referral for evaluation may occur when:
Overview of District Referral Process: GCED has a process in place to ensure that children ages birth to 21 years of age who may have a disability are identified and that the child’s assessed special needs are met. Children from birth to age three are referred by parents, physicians and other agencies to Help Me Grow Rice County (the central point of intake in the county). Referrals are forwarded to GCED Birth to Three Early Childhood Special Education Team.
For school age children attending either a public or private school or children with disabilities who are of school age and are not attending school, referrals can be made to the appropriate GCED SST by calling the GCED Central Office at 651-388-4441. The SST will process the referral as appropriate.
Process for Referral Kindergarten – 12th Grade (including private or home school): Request for Assistance: When a student grades K-12 is having difficulty within the general education setting and pre-referral interventions conducted by the classroom teacher have been unsuccessful in resolving the presenting problem, the Request for Assistance form shall be completed. This form may be completed solely by the referring person(s), or by the referring person in assistance from the building principal or others, as appropriate. When a parent initiates the request, the student’s teacher, or other staff as appropriate, shall contact the parent and complete the Request for Assistance Form. The completed form shall be given to the building principal (or designee) who shall place the Request on the agenda of a regularly scheduled SST meeting.
Requests for Assistance for nonpublic students shall be directed to the nonpublic building principal. The nonpublic principal shall forward the Request to the appropriate district
building principal or GCED Central Office at 651-388-4441. Upon receipt of the Request, the building principal (or designee) shall place the Request on the agenda for the next regularly scheduled SST meeting.
SST: When general education resources are unable to resolve the presenting problem, the building administrator (or designee) shall schedule a SST meeting. The building administrator (or designee) is responsible for prioritizing cases to be presented to the Team; ensuring that the cumulative file, health record, etc. are made available to the SST; and for establishing a workable agenda for the meetings. The SST shall consist of the following personnel:
The function of the SST is to:
Making Referrals
Legal Citations
The Interagency Early Intervention Committee must develop and implement interagency policies and procedures concerning the following ongoing duties:
Minn. Stat. § 125A.30(b)(3).
Referrals for students ages birth to age three (birth - 2.11) shall be made to the Help Me Grow Region 10 Interagency Early Intervention Committee (IEIC) or by contacting the State Help Me Grow at 866-693-GROW (4769) or the Help Me Grow website.
The IEIC shall serve as the SST for such referrals.
Referrals for preschool children aged three and above shall be made directly to the GCED Central Offices at 651-388-4441. The ECSE Coordinator serves as the central point of contact for referrals.
11-13-2014
Part B Post Referral Actions
The Individuals with Disabilities Education Act (IDEA) child find requirements permit referrals from any source. 34 C.F.R. § 300.111. Minnesota has legislated that local health, education, and social service agencies must refer children under the age of five who are known to need or suspected of needing special instruction and services to the school district. 125A.03(b)
Receiving a referral
1) A primary referral source has identified and referred a child who is not yet enrolled in school (Minn.R. 3525.1350, Subp. 3 and Minn.Stat. 125A.02, Subp 1a) and has a diagnosed condition, a suspected developmental delay or atypical development, or is the subject of a substantiated case of child abuse or neglect
2) If a referral is made through the statewide phone or online system, the Minnesota Department of Education (MDE) will contact the designated local intake in no more than one business day after receiving a phone referral. Online referrals through Minnesota Help Me Grow are forwarded automatically to designated generic district email address. The local education agency receiving the referral will determine the appropriate next step.
3) The district must provide the parent with a copy of the procedural safeguard notice upon receipt of a referral.
Acting on a referral: Screen
1) The team determines screening is appropriate when no diagnosis, prior screening or other data indicating a suspected disability is available.
2) Parental written consent is required for screening unless the screening consists of tests or evaluations that are administered to all children, unless before administration of that test or evaluation, consent is required of parents of all children. 34 C.F.R. § 300.300(d)(1)(ii). Additionally screening for instructional purposes is not an evaluation. 34 C.F.R. § 300.302.
3) Screen the child using appropriate instruments and trained staff.
4) If the screening results indicate that the child is NOT suspected of having a disability and the parents have not requested an evaluation, provide prior written notice (PWN) containing the screening results and all other required PWN components. This notice must inform the parents of their right to request a special education evaluation.
5) If the screening results indicate that the child is suspected of having a disability or if the parent requests an evaluation, begin the process for an initial evaluation described below.
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Acting on a referral: Evaluation and Assessment
1) Either a parent of a child or a public agency may initiate a request for an initial evaluation to determine if the child is a child with a disability. 34 C.F.R. § 300.301(b).
2) As part of an initial evaluation the evaluation team (members of the Individual Education Program (IEP) Team and other qualified professionals, as appropriate) must review existing evaluation data that may include screening information, medical diagnosis and existing evaluations. 34 C.F.R. § 300.305(a)(1).
3) After reviewing the existing evaluation data and considering parental input, the evaluation team determines what additional data, if any, is needed to determine if the child is a child with a disability and the educational needs of the child. 34 C.F.R. § 300.305(a)(2).
4) The district must present the parent with an evaluation plan and notice of evaluation that fully describes each assessment to be conducted and by whom (position or title not person’s name). 34 C.F.R. § 300.503(b)(1). The proposed evaluation must be a comprehensive evaluation addressing all areas related to the suspected disability. 34 C.F.R. § 300.304(c)(4).
5) Once informed parental consent is obtained, the initial evaluation must be completed in a reasonable time not to exceed 30 school days. Minn.R. 3525.2550.
6) Upon completion of the evaluation, a group of qualified professionals and the parents of the child determine whether the child is a child with a disability and the educational needs of the child. An evaluation report including the determination of eligibility must be completed and delivered to the parent within the 30 school day evaluation timeline. 3525.2710, subp 6. 34 C.F.R. § 300.306(a).
7) If it is determined the child is a child with a disability who is eligible for and in need of special education and related services, schedule an IEP team meeting with all required members. The parents of the child are required IEP team members. The purpose of this meeting is to develop an initial IEP for the child. This meeting must be scheduled within 30 calendar days of the eligibility determination. 34 C.F.R. § 300.323(c). An IEP must be in effect at the beginning of each school year for each eligible child with a disability attending a public school. 34 C.F.R. § 300.323(a).
8) If it is determined that the child is not eligible for special education and related services the parent is still provided with a copy of the evaluation report as well as a PWN. The notice must include a description of the parents’ right to dispute the eligibility determination through dispute resolution mechanisms. 34 C.F.R. 300. § 503(b)(4) and 34 C.F.R. 300. § 504(c)(5)(6).
Guidance for reasonable time over the summer is provided in OSEP’s 2012 Letter to Reyes
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Appendix B
Procedural Safeguard Notice
PART B NOTICE OF PROCEDURAL SAFEGUARDS PARENTAL RIGHTS FOR PUBLIC SCHOOL SPECIAL EDUCATION STUDENTS
The material contained in this document is intended to provide general information and guidance regarding special education rights and procedural safeguards afforded to parents of children age 3 through 21 under state and federal law. This document explains a selection of some of the rights and procedural safeguards provided to parents under the Individuals with Disabilities Education Act (IDEA), the implementing regulations at 34 C.F.R Part 300, and applicable Minnesota laws and regulations; it is not a complete list or explanation of those rights. This notice is not a substitute for consulting with a licensed attorney regarding your specific legal situation. This document does not purport to include a complete rendition of applicable state and federal law, and the law may have changed since this document was issued.
This document provides an overview of parental special education rights, sometimes called procedural safeguards. These same procedural safeguards are also available for students with disabilities who have reached the age of 18.
The District must provide you with this Notice of Procedural Safeguards at least one time per year. It must also be given to you:
The district must provide you with prior written notice each time it proposes to initiate or change, or refuses to initiate or change:
Rev. August 2014
This written notice must include:
In addition to federal requirements, prior written notice must inform you that, except for the initial placement of your child in special education, the school district will proceed with its proposal for your child’s placement, or for providing special education services, unless you notify the district of an objection within 14 days of when the district sent you the prior written notice. The district must also provide you with a copy of the proposed IEP whenever the district proposes to initiate or change the content of the IEP.
The prior written notice must also state that, if you object to a proposal or refusal in the prior written notice, you must have an opportunity for a conciliation conference, and the school district must inform you of other alternative dispute resolution procedures, including mediation and facilitated IEP team meetings, under Minnesota Statutes, section 125A.091, Subdivisions 7-9.
If you need help in understanding any of your procedural rights or anything about your child’s education, please contact your district’s special education director or the person listed below. This notice must be provided in your native language or other mode of communication you may be using. If your mode of communication is not a written language, the district must take steps to translate this notice orally or by other means. The district must ensure that you understand the content of this notice and maintain written evidence that this notice was provided to you in an understandable mode of communication and that you understood the content of this notice.
If you have any questions or would like further information, please contact: Name: Phone:
For further information, you may contact one of the following organizations:
ARC Minnesota (advocacy for persons with developmental disabilities) www.thearcofminnesota.org
651-523-0823
1-800-582-5256
Minnesota Association for Children’s Mental Health www.macmh.org
651-644-7333
1-800-528-4511
Minnesota Disability Law Center www.mndlc.org
612-334-5970 (Twin Cities Metro)
1-800-292-4150 (Greater Minnesota)
612-332-4668 (TTY)
PACER (Parent Advocacy Coalition for Educational Rights) www.pacer.org
952-838-9000
1-800-53-PACER,
952-838-0190 (TTY)
Minnesota Department of Education www.education.state.mn.us
651-582-8689
651-582-8201 (TTY)
If your school district gives parents the choice to receive notices by email, you can choose to receive your prior written notice, procedural safeguards notice, or notices related to a due process complaint via email.
Consent means that you have been fully informed of all information relevant to the activity for which your consent is sought, in your native language, or through another mode of communication. In order to consent you must understand and agree in writing to the carrying out of the activity for which your consent is sought. This written consent must list any records that will be released and to whom.
Consent is voluntary and may be revoked in writing at any time. However, revocation of consent is not retroactive; meaning revocation of consent does not negate an action that has occurred after the consent was given and before the consent was revoked.
The district must obtain your written and informed consent before conducting its initial evaluation of your child. You or a district can initiate a request for an initial evaluation. If you do not respond to a request for consent or if you refuse to provide consent for an initial evaluation, the district cannot override your refusal to provide consent. An initial evaluation shall be conducted within 30 school days from the date the district receives your permission to conduct the evaluation, unless a conciliation conference or hearing is requested.
A district will not be found in violation of meeting its child find obligation or its obligations to conduct evaluations and reevaluations if you refuse to consent to or fail to respond to a request for consent for an initial evaluation.
If you consent to an initial evaluation, this consent cannot be construed as being consent for the initial provision of special education and related services.
The district must obtain your written consent before proceeding with the initial placement of your child in a special education program and the initial provision of special education services and related services to your child determined to be a child with a disability.
If you do not respond to a request for consent, or if you refuse to consent to the initial provision of special education and related services to your child, the district may not override your written refusal.
If you refuse to provide consent for the initial provision of special education and related services, or you fail to respond to a request to provide consent for the initial provision of special education and related services, the district will not be considered in violation for failure to provide your child with special education and related services for which the district requested consent.
Your consent is required before a district conducts a reevaluation of your child. If you refuse consent to a reevaluation, the district may not override your written refusal. A reevaluation shall be conducted within 30 school days from the date the district receives your permission to conduct the evaluation or within 30 days from the expiration of the 14 calendar day time period during which you can object to the district’s proposed action.
Your consent is required before personally identifiable information is released to officials of participating agencies providing or paying for transition services.
Except for an initial evaluation and the initial placement and provision of special education and related services, if you do not notify the district of your objection within 14 days of when the district sends the notice of the district’s proposal to you, the district’s proposal goes into effect even without your consent.
Additionally, your consent is not required for a district to review existing data in your child’s educational file as part of an evaluation or a reevaluation.
Your consent is also not required for the district to administer a test or other evaluation that is given to all children, unless consent is required from parents of all children.
You have a right to object to any action the district proposes within 14 calendar days of when the district sends you the prior written notice of their proposal. If you object to the district’s proposal, you have the right to request a conciliation conference, mediation, facilitated IEP team meeting or a due process hearing. Within ten calendar days from the date the district receives notice of your objection to its proposal or refusal in the district’s prior written notice, the district will ask you to attend a conciliation conference.
Except as provided under Minnesota Statutes, section 125A.091, all discussions held during a conciliation conference are confidential and are not admissible in a due process hearing. Within five days after the final conciliation conference, the district must prepare and provide to you a conciliation conference memorandum that describes the district’s final proposed offer of service. This memorandum is admissible evidence in any subsequent proceeding.
You and the district may also agree to use mediation or a facilitated individualized education program (IEP) team meeting to resolve your disagreement. You or the district can also request a due process hearing (see section about Impartial Due Process Hearings later in this document).The district must continue to provide an appropriate education to your child during the proceedings of a due process hearing.
Personally identifiable information is information that includes, but is not limited to, a student's name, the name of the student's parent or other family members, the address of the student or student's family, a personal identifier, such as the student's Social Security number, student number, or biometric record, another indirect identifier, such as the student's date of birth, place of birth, a mother's maiden name, other information that, alone or in combination, is linked to or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty, or information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates.
Districts and MDE must protect the confidentiality of any personally identifiable data, information, and records they collect, maintain, disclose, and destroy.
Generally, your written consent is required before a district may disclose personally identifiable information from your child's educational record with anyone other than officials of participating
agencies collecting or using the information under the Individuals with Disabilities Education Act (IDEA) or for any purpose other than meeting a requirement of that law.
When your consent is not required to share personally identifiable information. Your consent, or the consent of an eligible student (age 18 or older), is not required before personally identifiable information contained in education records is released to officials of a school district or the state department of education for meeting IDEA requirements.
Your child’s educational records, including disciplinary records, can be transferred without your consent to officials of another school, district, or postsecondary institution if your child seeks to enroll in or attend the school or institution or a school in that district.
Disclosures made without your consent must be authorized under the Family Educational Rights and Privacy Act (FERPA). Please refer to 34 C.F.R. Part 99 for additional information on consent requirements concerning data privacy under federal law.
Directory information can be shared without your consent. This type of information is data contained in an education record of your child that would not generally be considered harmful or an invasion of privacy if disclosed.
Directory information includes, but is not limited to, a student's address, telephone number, email address, date and place of birth, major field of study, grade level, enrollment status, dates of attendance, participation in official activities and sports, weight and height of athletic team members, degrees, honors, and awards received, the most recent educational agency or institution attended, and a student ID number, user ID, or other unique personal identifier used for accessing or communicating electronically if certain criteria are met. Directory information does not include a student's Social Security number or a student ID number not used in connection with accessing or communicating electronically as provided under federal law.
Districts must give you the option to refuse to let the district designate any or all data about your child as directory information. This notice can be given to you by any means reasonably likely to inform you or an eligible student of this right. If you do not refuse to release the above information as directory information, that information is considered public data and can be shared without your consent.
Data about you (meaning parents) is private data but can be treated as directory information if the same procedures that are used by a district to designate student data as directory information are followed.
Before billing Medical Assistance or MinnesotaCare for health-related services the first time, and each year, the district must inform you in writing that:
You have the right to stop your consent for disclosure of your child’s education records to a third party, including the Department of Human Services, at any time. If you stop consent, the district may no longer share your child’s education records to bill a third party for IEP health-related services. You can withdraw your consent at any time, and your child’s IEP services will not change or stop.
An independent educational evaluation (IEE) is an evaluation by a qualified person(s) who is not an employee of your district. You may ask for an IEE at school district expense if you disagree with the district’s evaluation. A hearing officer may also order an independent educational evaluation of your child at school district expense during a due process hearing.
Upon request for an IEE, the district must give you information regarding its criteria for selection of an independent examiner and information about where an independent education evaluation may be obtained.
If you request an IEE, the district must, without delay, ensure that it is provided at public expense or request a hearing to determine the appropriateness of its evaluation. If the district goes to hearing and the hearing officer determines the district’s evaluation is appropriate, you still have the right to an independent evaluation, but not at public expense.
If you obtain an IEE, the results of the evaluation must be considered by the IEP/IIIP (Individual Interagency Intervention Plan) Team and may be presented as evidence at a due process hearing regarding your child.
Under federal law an education record means those records that are directly related to a student and that are maintained by the department or the district.
If you want to look at your child’s education records, the district must give you access to those records for your review. Education records include most of the information about your child that is held by the school. However, information held solely by your child’s teacher for his or her own instructional use may not be included in the education records.
The district must allow you to review the records without unnecessary delay, and before any meeting regarding an IEP, or any hearing or resolution session about your child. In addition, the district must comply with your request to review your child’s education records immediately, if possible, or within 10 days of the date of the request (excluding Saturdays, Sundays and legal holidays), if immediate compliance is not possible.
Your right to inspect and review records includes the right to:
Your rights regarding accessing your child’s education records generally transfer to your child at age
18. Notice must be provided to you and your child regarding this transfer of rights.
If any education record includes information on more than one child, you have the right to inspect and review only information relating to your child. You can seek consent to review and inspect education records that include information about children in addition to your own, but those parents of those children have a right to refuse your request for consent.
Upon your request, the district and the department must provide you with a list of the types and locations of education records they collect, maintain or use.
The district must keep a record of each request for access to, and each disclosure of, personally identifiable information in your child’s education records. This record of access must include the name of the individual who made the request or received personally identifiable information from your child’s education records, the date access was given and the purpose of the disclosure or the individual’s legitimate interest in the information.
Generally, your consent is required before personally identifiable information is released to unauthorized individuals or agencies. The consent must be in writing and must specify the individuals or agencies authorized to receive the information: the nature of the information to be disclosed; the purpose for which the information may be used; and a reasonable expiration date for the authorization to release information. Upon request, the district must provide you with a copy of records it discloses after you have given this consent.
The district may not disclose information contained in your child’s IEP/IIIP, including diagnosis and treatment information, to a health plan company without your signed and dated consent.
The district may not charge a fee to search or retrieve records. However, if you request copies, the district may charge a reasonable fee for the copies, unless charging that fee would prevent you from exercising your right to inspect and review the education records because you cannot afford to pay it.
If you believe that information in your child’s records is inaccurate, misleading, incomplete or in violation of your child’s privacy or other rights, you may request in writing that the district amend or remove the information.
The district must decide within a reasonable time whether it will amend the records. If the district decides not to amend the records, it must inform you that you have the right to a hearing to challenge the district’s decision. If, as a result of that hearing, the district decides that the information is not inaccurate, misleading, or otherwise in violation of your child’s privacy right, it must inform you that you have the right to include a statement of your comments and disagreements alongside the challenged information in your child’s education records. A hearing to challenge information in education records must be conducted according to the procedures for such hearings under FERPA.
Minnesota Statutes require that a district, a charter school, or a nonpublic school transfer a student’s educational records, including disciplinary records, from a school a student is transferring from to a school in which a student is enrolling within 10 business days of a request.
The district must inform you when personally identifiable information is no longer needed in order to provide education services to your child. That information must be destroyed at your request.
However, the school may retain a permanent record of your child’s name, address, phone number, grades, attendance records, classes attended, grade level completed and year completed.
Under federal law, destruction means the physical removal of personal identifiers from information so that the information is no longer personally identifiable. Thus, the student’s record does not need to be physically destroyed to comply with your request to destroy special education related records.
Districts can appropriately comply with this requirement by removing personally identifiable information from the student’s records. The choice of destruction method generally lies with the school district.
The district shall not destroy any education records if there is an outstanding request to inspect or review the records.
Despite your request to destroy records a district can keep certain records necessary to comply with the General Education Provision Act (GEPA), which requires that recipients of federal funds keep records related to the use of those funds. You may want to maintain certain special education records about your child for documentation purposes in the future, such as for applying for SSI benefits.
Mediation is a free, voluntary process to help resolve disputes. You or your district may request free mediation from the Minnesota Department of Education’s Special Education Alternative Dispute Resolution program at 651-582-8222 or 1-866-466-7367. Mediation uses a neutral third party trained in dispute resolution techniques. Mediation may not be used to deny or delay your right to a due process hearing. Both you and district staff must agree to try mediation before a mediator can be assigned. At any time during the mediation, you or the district may end the mediation.
If you and the district resolve all or a portion of the dispute or agree to use another procedure to resolve the dispute, the mediator shall ensure that the resolution or agreement is in writing and signed by both you and the district and that both parties receive a copy of the document. The written resolution or agreement shall state that all discussions that occurred during mediation are confidential and may not be used as evidence in any hearing or civil proceeding. The resolution or agreement is legally binding on both you and the district and is enforceable in state or federal district court. You or the district can request another mediation to resolve a dispute over implementing the mediation agreement.
Any organization or individual may file a complaint with the Minnesota Department of Education (MDE). Complaints sent to MDE must:
The complaint must be sent to:
Minnesota Department Education Division of Compliance and Assistance Due Process Supervisor
1500 West Highway 36
Roseville, MN 55113-4266
651.582.8689 Phone
651.582.8725 Fax
The complaint must be received by MDE no later than one year after the alleged violation occurred. MDE will issue a written decision within 60 days, unless exceptional circumstances require a longer time or you or the district agree to extend the time to participate in mediation. The final complaint decision may be appealed to the Minnesota Court of Appeals by you (the parent) or the school district injured-in-fact by the decision within 60 days of receiving notice of the final decision.
MDE has developed model forms that can be used to file special education or due process complaints. These forms are not required, but are available as a resource to use when filing a complaint. These model forms are available MDE’s website: MDE > School Support > Compliance and Assistance > Due Process Forms.
Both you and the district have a right to request an impartial due process hearing in writing within two years of the date you or the agency knew or should have known about the alleged action that forms the basis of the due process complaint.
A due process hearing can be requested regarding a proposal or refusal to initiate or change a child’s evaluation, IEP, educational placement, or to provide FAPE.
A due process hearing may address any matter related to the identification, evaluation, educational placement, manifestation determination or provision of a free and appropriate public education of your child. Within 15 days of receiving notice of your due process complaint, and prior to the due process hearing, the school district must arrange for a resolution meeting with you and the relevant members of the IEP Team who have knowledge of the facts alleged in the due process complaint.
The purpose of this meeting is for you to discuss the due process complaint, and the facts that form the basis of the due process complaint, so that the school district has the opportunity to resolve the dispute that is the basis for the due process complaint.
The resolution meeting need not be held if you and the school district agree in writing to waive the meeting or agree to mediation. A resolution meeting is also not required to be held when the district is the party who requests a due process hearing.
If the matter is not resolved within 30 days of receipt of the due process complaint, the hearing timelines begin.
If the school district is unable to obtain your participation in the resolution meeting or mediation after reasonable efforts have been made and the school district does not agree to waive the meeting in writing, the school district may, at the conclusion of the 30-day period, request that a hearing officer dismiss your due process complaint.
NOTE: Due to an interpretation of state law by the 8th Circuit Court of Appeals, if your child changes school districts and you do not request a due process hearing before your child enrolls in a new district, you may lose the right to have a due process hearing about any special education issues that arose in the previous district. You do still have a right to request a due process hearing about special educational issues that may arise in the new district where your child is attending.
Upon a written request for a hearing, the district must give you a copy of this procedural safeguard notice and a copy of your rights at hearing. If you or the district request a hearing, the other party must be provided with a copy of the request and submit the request to the department. Once it receives the request, the department must give a copy of the procedural safeguards notice to you. All written requests must include:
MDE maintains a list of qualified hearing officers. Upon receipt of a written request for a hearing, MDE will appoint a hearing officer from that list to conduct the hearing. Below are a few of your rights at hearing. This is not a complete list of rights.
Both you and the district have the right to:
As a parent, you, specifically, have the right to:
If you file a hearing request and you did not previously receive a prior written notice from the district about the subject matter of the hearing request, the district must send you a written explanation of why the district refused to take the action raised in the hearing request within 10 days of receiving the hearing request. This explanation must include a description of other options considered by the IEP team, why those options were rejected, a description of each evaluation procedure, assessment, record, or report that the district used as the basis for the proposed or refused action, and a description of the factors relevant to the district’s proposal or refusal decision.
The district can assert that the hearing request does not meet the requirements under state law. A hearing request is considered sufficient unless the party who received the request notifies the hearing officer in writing within 15 days of receiving the request that they believe the request does not meet statutory requirements. The hearing officer must determine whether the hearing request meets statutory requirements within 5 days of receiving the request and notify the parties.
Upon receiving your hearing request, the district must also send you a written response that addresses the issues you raised in the hearing request within 10 days of receiving the request.
A prehearing conference must be held within 5 business days of the date the commissioner appoints a hearing officer. This conference can be held in person, at a location within the district, or by telephone. At least 5 business days before a hearing, you and the district must disclose to each other all evaluations of your child completed by that date and recommendations based on those evaluations that are intended to be used at the hearing. A hearing officer may refuse to allow you to introduce any undisclosed evaluations or recommendations at the hearing without consent of the other party.
A hearing decision must be issued and provided to each party within 45 calendar days, or within an appropriately extended time period, upon the expiration of the 30-day resolution period after the due process complaint was received by the state agency. A hearing officer may extend the time beyond the 45-day period if requested by either party for good cause shown on the record. A hearing officer must conduct oral arguments in a hearing at a time and place that is reasonably convenient to you and your child. A hearing officer’s decision on whether your child received FAPE must be based on evidence and arguments that directly relate to FAPE. The hearing decision is final unless you or the district files a civil action. A hearing officer lacks the authority to amend a decision except for clerical and mathematical errors.
You have the right to file a separate due process complaint on an issue separate from a due process complaint already filed.
The district must inform you of any free or low-cost legal and other relevant services available in the area if you request the information or if you or the school district file a due process complaint. A list of free or low-cost legal resources is also available on MDE’s Special Education Hearings web page (MDE> Select School Support > Compliance and Assistance > Special Education Hearings).
Final decisions on special education complaints and due process hearings are available to the public on the MDE website. MDE maintains a public database called the Complaints, Hearings, and Letters Search Engine. Decisions available in the database are redacted and all personally identifiable information is removed. This database is available on the Compliance and Assistance webpage on the MDE website at: http://w20.education.state.mn.us/WebsiteContent/ComplianceSearch.jsp.
When you or the district disagrees with the findings or decisions made by a hearing officer, either party may file a court action. The action may be brought in federal district court or the state court of appeals. Different standards of review apply in each court. An appeal to the state court of appeals must be made within 60 calendar days of your receipt of the decision. An appeal to federal district court must be made within 90 days of the date of the decision.
During a hearing or court action, unless you and the district agree otherwise, your child will remain in the educational placement where he/she is currently placed and must not be denied initial admission to school. This is commonly referred to as the “stay-put” rule.
Two exceptions to the “stay-put” rule exist:
You (the parent) or the district can request an expedited hearing in the following situations:
You or a school district may file a written request for an expedited due process hearing as described above.
Expedited hearings must be held within 20 school days of the date the hearing request is filed. The hearing officer must issue a decision within 10 school days after the hearing. A resolution meeting must occur within 7 days of receiving the hearing request, unless you and the school district agree in writing to either waive the resolution meeting or use the mediation process. The expedited due process hearing may proceed unless the matter has been resolved to the satisfaction of both parties within 15 days of receiving the request.
If the school district is unable to obtain your participation in the resolution meeting or mediation after reasonable efforts have been made and the school district does not agree to waive the meeting in writing, the school district may, at the conclusion of the 30-day period, request that a hearing officer dismiss your due process complaint.
A hearing officer may decide to move your child to an interim alternative educational setting for up to 45 school days if the hearing officer determines your child is substantially likely to injure himself or herself or others if he/she remains in the current placement.
You or the district can appeal the decision of a hearing officer in an expedited due process hearing.
The district may change your child’s educational placement for up to 45 school days, if your child:
On the date the district decides to remove your child and the removal is a change of placement of a child with a disability because of a violation of a code of student conduct, the school district must notify you of that decision, and provide you with the procedural safeguards notice.
The IEP/IIIP team determines the interim alternative educational setting and appropriate special education services. Even though this is a temporary change, it must allow your child:
If your child is placed in an interim alternative educational setting, an IEP/IIIP meeting must be convened within 10 school days of the decision. At this meeting, the team must discuss behavior and its relationship to your child’s disability. The team must review evaluation information regarding your child’s behavior, and determine the appropriateness of your child’s IEP/IIIP and behavior plan. The team will then determine if your child’s conduct was caused by, or had a direct relationship to his or her disability, or if your child’s conduct was the direct result of the school district’s failure to implement the IEP.
You may be able to recover attorney fees if you prevail in a due process hearing. A judge may make an award of attorney’s fees based on prevailing rates in your community. The court may reduce an award of attorney’s fees if it finds that you unreasonably delayed the settlement or decision in the case. If the district prevails and a court agrees that your request for a hearing was for any improper purpose, you may be required to pay the district’s attorney’s fees.
Before your child with a disability can be expelled or excluded from school, a manifestation determination must be held. If your child’s misbehavior is related to his or her disability, your child cannot be expelled.
When a child with a disability is excluded or expelled under the Pupil Fair Dismissal Act, Minnesota Statutes Sections 121A.41-56, for misbehavior that is not a manifestation of the child’s disability, the district shall continue to provide special education and related services after the period a period of suspension, if imposed.
If a child with a disability is removed from his or her current educational placement, this is considered a change of placement if:
The determination of whether a pattern of removals constitutes a change of placement is made by the district. If this determination is challenged it is subject to review through due process and judicial proceedings.
If your child has not been determined eligible for special education and related services and violates a code of student conduct, and the school district knew before the discipline violation that your child was a child with a disability then your child can utilize the protections described in this notice.
A district is deemed to have knowledge that your child is a child with a disability if, before the behavior that brought about the disciplinary action occurred:
A district would not be deemed to have such knowledge if:
If a district does not have knowledge that your child is a child with a disability prior to taking disciplinary measures against your child, your child may be subjected to similar disciplinary consequences that are applied to children without disabilities who engage in similar behaviors.
If a request is made for an evaluation of your child during the time period in which your child is subjected to disciplinary measures, the evaluation must be conducted in an expedited manner. Until the evaluation is complete, your child remains in the educational placement determined by the district, which can include suspension or expulsion without educational services. In Minnesota, regular special education services are provided on the sixth day of a suspension and alternative education services are provided.
A district can report a crime committed by a child with a disability to appropriate authorities and State law enforcement and judicial authorities can exercise their responsibilities under the law related to crimes committed by a child with a disability.
If a district reports a crime committed by a child with a disability, the district must ensure that copies of the child’s special education and disciplinary records are transmitted to the appropriate authorities to whom the crime is reported for consideration. However, the district may only transmit copies of your child’s special education and disciplinary records to the extent permitted by FERPA.
IDEA does not require the district to pay for the cost of educating your child, including special education and related services, at a private school if the district made FAPE available to your child and you chose to place your child in a private school. However, you may be able to recover tuition expenses for a private school placement if you informed the district of your intent to enroll your child in a private school at public expense in a timely manner and if a hearing officer finds that the district did not promptly make FAPE available to your child prior to your child being enrolled in the private school and if the private placement is appropriate. You must inform the district of your intent to place your child in a private placement at public expense at the most recent IEP/IIIP meeting prior to removal of your child from public school or by written notice to the district at least 10 business days prior to removal of your child from public school.
Your notice must state why you disagree with the district’s proposed IEP/IIIP or placement. If a hearing officer or court finds that the district failed to provide or is unable to provide your child with an appropriate education and that the private placement is appropriate, you may be reimbursed for the cost of the private placement. Failure to tell the school of your intent to enroll your child in a private school at public expense, failure to make your child available for evaluation prior to placing your child in a private school after the district has given you notice of its intent to evaluate your child, or other unreasonable delay on your part could result in a reduction or denial of reimbursement for the private school placement.
A hearing officer cannot reduce or deny the cost of reimbursement if: the district prevented you from being provided with this notice; you did not receive notice of your responsibilities as discussed above in this section; or if compliance with the above requirements would likely result in physical harm to your child and if you failed to provide the required notice because you cannot write in English or if compliance with the above requirements would likely result in serious emotional harm to your child.
Appendix C
Community Transition Interagency Committee
Region 10 Community Transition Interagency Committee (CTIC) Mission Statement
Minnesota will be a place where people with disabilities are living, learning, working and enjoying life in the most integrated setting.
Purpose of the Committee
Region 10 Community Transition Interagency Committee (CTIC) will develop and assure the implementation of interagency policies and procedures so that eligible students and their families are identified and have access to appropriate services and supports.
Glossary of Terms:
Requirements of the Committee
Statutory Requirements:
125A.22 COMMUNITY TRANSITION INTERAGENCY COMMITTEE.
Relationships/ Alignment / Priorities
Lead Agency and State Partners
Operational Considerations
Demographics
Membership
Meetings
Officers
The Region 10 CTIC will have a Chair, Co-Chair, and Secretary. The officers will be elected by the members and serve for 1-2 years.
Duties:
Appendix D
Interagency Early Intervention Committee
OPERATING PROCEDURES
Region 10 Help Me Grow Interagency Early Intervention Committee (IEIC)
Mission Statement
Promoting positive beginnings by identifying and serving eligible children and their families.
Purpose of the Committee
Region 10 Help Me Grow IEIC will develop and assure the implementation of interagency policies and procedures so that eligible children ages birth to five and their families are identified and have access to appropriate services and supports.
Glossary of Terms:
ICC – Governor’s Interagency Coordinating Council IEIC – Interagency Early Intervention Committee Regional IEIC – Region 10 Help Me Grow IEIC SEAU – Special Education Administrative Unit
CoE – Centers of Excellence (project through MDE) RLIP – Regional Low Incidence Projects
Requirements of the Committee
Statutory Requirements:
Purpose of Interagency Early Intervention Committee: MN 125A.30
Relationships/ Alignment / Priorities
Lead Agency and State Partners:
Minnesota Department of Education is the lead agency for Part C Early Intervention services, with Minnesota Department of Health and Department of Human Services participating as state partners, in delivering a comprehensive and coordinated interagency system. State agency staff may attend and participate in the Region 10 HELP ME GROW IEIC as ex officio members.
Governor’s Interagency Coordinating Council (ICC):
The Region 10 Help Me Grow designee will attend the ICC meetings and report the business of the Regional IEIC to the ICC in the role of a guest.
Special Education Administrative Units (SEAU):
The Region 10 Help Me Grow IEIC will collaborate with SEAUs to examine and distinguish local vs. regional priorities. Funding priorities will be established to help guide the funding decisions at the SEAU.
Other local agencies:
Linkages to local entities (community-based service providers) should be maintained. SEAUs and local agencies will collaborate to maintain established relationships.
Centers of Excellence for Young Children with Disabilities Project (COE):
The Region 10 Help Me Grow IEIC will collaborate with the COE to ensure that ongoing training needs are met. The COE will participate in assessing district/local agency needs for training.
Operational Considerations
Fiscal Host:
The fiscal host for the Region 10 Help Me Grow IEIC is the Zumbro Education District.
The agency designated as the fiscal host must be an eligible recipient of federal special education funds and agrees to expend these federal funds consistent with the approved budget and in accordance with the “Statement of Assurances” as signed by the district special education director and superintendent.
Local Primary Agency (LPA):
The local primary agency for the region 10 Help Me Grow IEIC is the Zumbro Education District. The LPA will perform duties consistent with Minnesota Statutes, section 125A.31 including: providing oversight of funds received through the annual fund request and providing oversight for data collection efforts.
Maintenance of Documents:
The Local Primary Agency will maintain IEIC documents. Examples of documents include Operating Procedures, Work Plan, meeting minutes, fiscal host, membership rosters, meeting sign-in sheets, and other documents as identified.
Website Posting:
Minutes, agendas, etc. will be on http://region10projects.org.
Help Me Grow
Minnesota's early intervention system - Help Me Grow - includes two programs for eligible children. Help Me Grow: Infant and Toddler Intervention are special services and supports for children birth through age two and their families. Help Me Grow: Preschool Special Education is for eligible children ages three to five years. Minnesota children eligible for Help Me Grow can receive services in their home, childcare setting or school. Help Me Grow services are free to eligible families regardless of income or immigrant status.
Website: Help Me Grow
Process to change Operating Procedures:
Changes proposed at one meeting will be voted on at the meeting or within two weeks electronically providing a quorum has been met (see description of a quorum). If electronic voting is needed, proper documentation explaining the proposed change will be sent with the request for electronic vote. Within 30 days of the date the proposed change is received, it shall be submitted in writing to the IEIC Chair, who will then distribute the request to the Regional IEIC membership (as defined below). The membership shall have received the proposed amendment or amendments at least 14 days prior to the meeting.
Demographics
Geographic Area Served:
Counties Served:
Dodge, Goodhue, Houston, Olmsted, Fillmore, Freeborn, Wabasha, Winona, Rice, Mower, Steele
Head Start Programs Served:
Tri Valley Migrant Head Start, CCR&R Head Start- Freeborn & Olmsted, Three Rivers, & SEMCAC
Reservation Served:
Prairie Island Reservation
School Districts Served:
60 school districts, including the GCED
Membership
Terms of Membership:
Membership is at will and reviewed annually at the Spring IEIC meeting.
Mandated Sector Membership Representation:
Additional Representative Membership:
Ex Officio Membership:
Recruitment/Selection of Membership:
Chair & Co-Chair:
Other Officers:
Meeting Facilitator:
The Chair/Co-Chair will be responsible to facilitate the Region 10 Help Me Grow IEIC meetings.
Assurance of Area Representation:
There will be 2 representatives from each county in the Region 10 IEIC including representation from the mandated sector membership. The representative will share information from those constituents.
Removal/Replacement:
Members of the Region 10 Help Me Grow IEIC who are unable to continue on the Regional IEIC: Priority will be to fill the vacancy with the mandated sector membership defined in statute. If unable, another representative from that county may serve.
In the event a Regional IEIC committee member shall miss two of the scheduled committee meetings in a twelve-month period without notifying the IEIC Chair(s), the Chair(s) of the Regional IEIC Committee shall have the right to remove the absent member and the membership committee shall fill the vacancy thereby created.
Conflict Of Interest:
Any individual working for an agency that may benefit from a decision that is made would need to disclose that potential conflict of interest. No member of the Committee may cast a vote on any matter that would provide direct financial or other perceived benefit to that member or otherwise give the appearance of a conflict of interest.
Motion created on terms of office on 9-25-12.
Officer List for 2021-2022:
Coordinator Janet Hartman jhartman@zumbroed.org
Chair Molli Kook molli.kook@winona.k12.mn.us
Co-Chair Kim Welsh kiwelsh@rochester.k12.mn.us
Note taker Kim Lucht klucht@zumbroed.org
RLIF Christian Wernau cwernau@zumbroed.org
Meetings
Meeting Cycle:
Quarterly meetings will be held in September, December, March and June.
Meeting Notification:
Notices, agendas, and supporting documents will be sent out electronically (unless requested otherwise) 2 weeks prior to meetings.
Parliamentary Authority:
Robert's Rules of Order
Attendance:
Two consecutive absences without notifying the chair may result in dismissal from the Committee. Designees may be assigned as follows:
When members are unable to attend scheduled Region 10 Help Me Grow IEIC meetings, they may assign a designee, in writing, to the Chair. The designee shall have the authority to exercise the full privileges of the absent member.
Decision-Making Process/Voting:
Decisions will be via electronic means at the Chair’s discretion.
Distribution or Meeting Minutes to Other Stakeholders, Interested Parties:
Minutes will be distributed to parties and posted on the website at http://region10projects.org.
Electronic Participation:
It may be acceptable to attend/vote by contacting the Chair.
Absentee Voting:
A member who is unable to attend a meeting may vote on any noticed action item by submitting his or her vote in writing to the Chair(s) in advance of the meeting in which the action will be taken. Such votes may be sent by mail, email or facsimile transmission.
Standing Agenda Format:
The agenda format will follow the Robert’s Rules of Order.
Quorum:
Quorum will be a simple majority of current membership.
Voting:
A quorum must be present to hold a vote. Decisions by the Region 10 Help Me Grow IEIC shall, to the extent possible, be made by consensus of members (and designees). If there is no consensus, decisions shall be made by a majority vote (51%) of the voting members (and designees).
Conflict:
When a decision cannot be reached, an outside facilitator may be brought in to assist, if needed.
Reimbursement Policies:
The Region 10 Help Me Grow IEIC will determine if any members or positions shall receive reimbursement for participation and duties on the IEIC. If a Regional IEIC member is serving within his/her assigned job duties, the Regional IEIC committee will not reimburse expenses.
Sub-pay and mileage will be reimbursed for work above and beyond the 4 scheduled meetings.
Year Region 10 IEIC Established: Fall 2011.
Appendix E
Operational Procedures of the GCED Special Education Advisory Council
SPECIAL EDUCATION ADVISORY COUNCIL (SEAC) BYLAWS
Purpose of the Council
Membership of the Council*
Members will consist of family members of current special education students from a variety of disability areas; representatives from community agencies serving special need students; and school district staff. See Appendix A. NOTE: One-half of the members of SEAC must be parents of children with disabilities.
Terms
Length of term varies according to area of representation.
Attendance
Each SEAC member is expected to inform the GCED Director, the chair, or another member of the Executive Committee in advance if they will be absent. Three unexcused absences within the school year will result in loss of membership. Loss of membership will be considered for any member with three excused absences during the school year.
Vacancies
When a vacancy occurs, SEAC will participate in recruitment along with district administration. Interested candidates will submit an application to the GCED Director.
Operation of the Council*
Matters brought before SEAC shall include but not be limited to:
Protocol for Meetings*
Meeting Procedures*
Discussion, leading toward a consensus of the members, will be the prevailing procedure in SEAC meetings.
MEMBERS* LENGTH OF TERM
PARENTS 10 Parents 1 Year
(Note: one-half of the members must be parents of children with a disability)
(ASD) Autism Spectrum Disorders
(DHH) Deaf and Hard of Hearing
(DB) Deaf-Blind
(DCD) Developmental Cognitive Disability
(EBD) Emotional or Behavioral Disorders
(ECSE) Early Childhood Special Education
(OHD) Other Health Disabilities
(PI) Physically Impaired
(SLD) Specific Learning Disability
(SLP) Speech or Language Impairments
(TBI) Traumatic Brain Injury
(VI) Visually Impaired
(SMI) Severe Multiple Impairment
(GEN) General Education
AGENCIES 2 Years
Arc Southeastern Minnesota Goodhue County Mental Health Goodhue County Social Services
DISTRICT STAFF 2 Years
Special Education Administrator - 2
Special Education Teacher - 2
General Education Teacher - 2
GCED Executive Director No term limit
Each special education position will rotate according to the disability area. Each general education position will alternate between elementary and secondary levels.
NON-PUBLIC SCHOOL (1 member)
The council must include at least one member who is a parent of a nonpublic school student with a disability, or an employee of a nonpublic school if no parent of a nonpublic school student with a disability is available to serve.
SEAC EXECUTIVE OFFICERS’ RESPONSIBILITIES
CHAIR (1 year term):
CHAIR ELECT (1 year term):
SECRETARY (1 year term):
*The GCED SEAC Committee is in the process of building and reforming. Once there is continuing engagement from at least two parents in each of the Member Districts, SEAC will again operate with the structure as described. Currently we are seeking input on topics and soliciting feedback during our meetings. Administration is creating presentations, taking notes and disseminating that information. We are attempting to re engage parents through direct contact with case managers and through social media.