Current through Register Vol. 49, No. 27, December 30, 2024
The team shall determine that a child from the age of three
years through the age of six years is eligible for special education
when:
A. the child meets the criteria
of one of the categorical disabilities in United States Code, title 20, chapter
33, sections 1400 et seq., as defined in Minnesota Rules; or
B. the child meets one of the criteria for
developmental delay in subitem (1) and the criteria in subitem (2). Local
school districts have the option of implementing these criteria for
developmental delay. If a district chooses to implement these criteria, it may
not modify them.
(1) The child:
(a) has a diagnosed physical or mental
condition or disorder that has a high probability of resulting in developmental
delay; or
(b) has a delay in each
of two or more of the areas of cognitive development; physical development,
including vision and hearing; communication development; social or emotional
development; and adaptive development, that is verified by an evaluation using
one or more technically adequate, norm-referenced instruments. The instruments
must be individually administered by appropriately trained professionals and
the scores must be at least 1.5 standard deviations below the mean in each
area.
(2) The child's
need for special education is supported by:
(a) at least one documented, systematic
observation in the child's daily routine setting by an appropriate professional
or, if observation in the daily routine setting is not possible, the
alternative setting must be justified;
(b) a developmental history; and
(c) at least one other evaluation procedure
in each area of identified delay that is conducted on a different day than the
medical or norm-referenced evaluation; which may include criterion-referenced
instruments, language samples, or curriculum-based measures.
Statutory Authority: MS s
125A.07
