Current through Register Vol. 49, No. 27, December 30, 2024
Subpart
1.
When education is required.
The district in which the facility is located must provide
regular education, special education, or both, to a pupil or regular education
student in kindergarten through grade 12 placed in a facility, or in the
student's home for care and treatment. Education services must be provided to a
pupil or regular education student who is:
A. prevented from attending the pupil's or
student's normal school site for 15 consecutive school days; or
B. predicted to be absent from the normal
school site for 15 consecutive school days according to the placing authority,
such as a medical doctor, psychologist, psychiatrist, judge, or other
court-appointed authority; or
C.
health-impaired and in need of special education and predicted by the team to
be absent from the normal school site for 15 intermittent school days.
A pupil or regular education student shall begin receiving
instruction as soon as practicable under treatment conditions.
Special education services must be provided as required by a
pupil's IEP, and to the extent that treatment considerations allow the pupil to
participate. Number of school days for determining due process procedures shall
begin upon enrollment in an education program. Placement for care and treatment
does not of itself require special education placement.
D. For those education programs run by the
Department of Corrections, the district shall be the Department of Corrections
for the purpose of this part. The district is responsible for ensuring that a
cooperative agreement is reached with the care and treatment center facility
which addresses all the requirements of Department of Human Services Rules,
parts
9545.0900 to
9545.1090 and
9545.1400 to 9545.1480 which
pertain to the provision of education services for students placed in centers
for care and treatment. Provision of special education services requires
implementation of all due process safeguards defined in state and federal law.
Some procedures are modified to assure the pupil's access to education.
For purposes of this part, pupils and regular education
students placed in the following facilities by someone other than the district
are considered to be placed for care and treatment:
(1) chemical dependency and other substance
abuse treatment centers;
(2)
shelter care facilities;
(3) home,
due to accident or illness;
(5) day treatment
centers;
(6) correctional
facilities;
(7) residential
treatment centers; and
(8) mental
health programs.
Subp.
2.
Education programs for students and pupils and regular
education students placed in short-term programs for care and treatment.
A placement for care and treatment is a short-term placement
if the anticipated duration of the placement is less than 31 school days. The
school district must begin to provide instruction to the pupil or regular
education student immediately after the pupil or student is enrolled in the
education program. If the student is enrolled in the educational program
without an educational record or IEP, the district's procedures must include
immediate phone contact with the home school to see if the regular education
student has been identified as disabled.
A. If a regular education student has been
identified as disabled and has a current IEP:
Initial due process procedures for previously identified
pupils placed for care and treatment in a short-term facility may be
accomplished by telephone; however, the required written documentation,
including notices, consent forms, and IEP's, must follow immediately. If the
pupil has a current IEP in the home school, the home school must give the
providing agency an oral review of the IEP goals and objectives and services
provided. The providing agency must contact the parents and together an
agreement must be reached about continuing or modifying special education
services in accordance with the current IEP goals and objectives. If agreement
is not reached over the phone, the providing district shall hold a team meeting
as soon as possible. At least the following people shall receive written notice
to attend: the person or agency placing the pupil, the resident district, the
appropriate teachers and related services staff from the providing district,
the parents, and, when appropriate, the pupil. This meeting may be held in
conjunction with a meeting called by a placing agency. A copy of the
documentation, including the modified IEP, must be provided to the parents with
a copy of their rights, including a response form.
B. If a regular education student has not
been identified as disabled or if the providing district cannot determine if a
student has been identified as disabled:
(1)
Regular education instruction must begin immediately upon enrollment in the
education program.
(2) A screening
must be conducted by education staff to determine the student's academic,
social, and behavioral needs.
(3)
Based on the documented results of the screening, a decision must be made about
the need for prereferral interventions or an appropriate special education
evaluation according to parts
3525.2550 and
3525.2710. It is not required that
an appropriate evaluation be started unless it appears that it can be
completed.
(4) During the student's
placement, regular education instruction must be provided.
Subp. 3.
Education programs
for pupils and regular education students placed in long-term programs for care
and treatment.
A placement made for care and treatment is long term if it
is anticipated to extend beyond 30 school days. The pupil or regular education
student must receive educational services immediately upon enrollment in the
education program:
A. If the student
has been identified as disabled and has a current IEP.
If the education staff of the providing district decides
that the pupil's current IEP can be implemented while the pupil is placed for
care and treatment, the education staff must contact the parents to secure an
agreement to continue to provide special education services according to the
IEP. If the parents do not agree with the providing district's proposal, the
district shall hold a team meeting as soon as possible.
If the education staff needs additional evaluation
information or the pupil's current IEP cannot be fully implemented while the
pupil is placed for care and treatment, the education staff must:
(1) contact the parents to secure an
agreement to provide special education on an interim basis while an evaluation
is completed; or
(2) call a team
meeting to revise the current IEP or develop an interim IEP while the pupil is
undergoing additional evaluation to determine an appropriate program.
B. If the student has not been
identified as disabled or if the providing district cannot determine if the
student has been identified as disabled, the student entering a residential
facility for a long-term placement must be screened to determine if there is a
need for an appropriate educational evaluation. An evaluation must begin with a
review of screening and other information such as the parent or student
interview, available educational and social history, and the purpose of the
treatment placement. The evaluation must be conducted according to parts
3525.2550 and
3525.2710.
If the student meets entrance criteria for special
education, an IEP must be developed. Special education services must be
provided by appropriately licensed staff in accordance with the IEP. If the
student was not evaluated or was evaluated and does not meet entrance criteria
for special education, regular education services must be provided in
accordance with the student's education plan.
Subp. 4.
When a student or pupil leaves
the facility.
If a student or pupil has received an evaluation or special
education services for 15 or more school days, the providing district must
prepare an exit report summarizing the regular education or special education
evaluation or service information and must send the report to the home school,
the receiving facility, the parent, and any appropriate social service agency.
For a pupil, this report must include a summary of current levels of
performance, progress, and any modifications made in the pupil's IEP or
services. Record transfers between anyone other than educational agencies and
the parent require prior approval of the parents in accordance with data
privacy laws.
Subp. 5.
Minimum service required.
The team must predict how long the pupil or regular
education student must be placed for care and treatment. If the prediction is
for a restricted period of more than 170 school days or its equivalent,
exclusive of summer school, the district shall make available:
A. the instruction necessary for the student
or pupil to make progress in the appropriate grade level for the successful
completion of the courses, programs, or classes the student or pupil would have
been enrolled in if the student or pupil were not placed for care and
treatment;
B. preferably a normal
school day in accordance with the pupil's IEP, as defined in part
3525.2810, subpart
1, item A;
C. an average of at least two hours a day of
one-to-one instruction; or
D. a
minimum of individualized instruction for one-half of the normal school day if
it is justified in the pupil's IEP or student's education plan that none of
these options are appropriate.
If the predicted restricted period is fewer than 171 school
days, exclusive of summer school, the district shall make available at a
minimum either small group instruction for one-half of the normal school day or
at least an average of one hour a day of one-to-one instruction.
Provision of special educational services for pupils outside
of the providing school district's regular calendar is optional unless the
pupil has an extended year IEP.
Subp. 6.
Placement, services, and due
process requirements for pupils.
A. The
IEP developed by the team must include the provisions of parts
3525.2900 and
3525.2810, the location of the
special education services, the projected duration of the special education
services, and provisions for coordinating the care and treatment and the
special education services.
B. The
nature of and the restrictiveness of some long-term facilities require the
pupils to remain on site. When a pupil's treatment and educational needs allow,
integration shall be provided in a regular educational setting. The
determination of the amount and site of integrated services must be a joint
decision between parents, the treatment and education staff, and when possible
final educational placement decisions must be made by the IEP team of the
providing educational agency. If the IEP team concludes a pupil can benefit
from an average of more than three hours of educational services, it must, in
conjunction with care and treatment center staff, consider the feasibility and
appropriateness of an education placement at a regular school site.
C. If a pupil is placed in a residential
facility outside the resident district, the providing district must provide
appropriate special education services. The placement of the pupil in a
residential center for care and treatment outside the resident district is not
an initial placement in the receiving district. The providing district shall
make every effort to implement the resident district's IEP, making the
modifications necessary due to the restrictive care and treatment setting and
based on agreements reached with the parent. The providing district shall
comply with the due process procedures of parts
3525.2550 to
3525.4770. Districts shall develop
alternative procedures for implementing the legal requirements for observing
the student in a regular classroom and document previous interventions that
have been tried before the student placed for care and treatment is identified
as having a specific learning disability or an emotional or behavioral
disorder. These alternative procedures must be included in the district's
entrance criteria. The district and facility shall cooperatively develop
procedures to be used in emergency situations that comply with the Pupil Fair
Dismissal Act according to Minnesota Statutes, sections
121A.40 to
121A.56, and the
district's discipline policy.
Subp.
7.
Student's and pupil's and regular education student's
placement; aid for special education.
Special education services provided to pupils and regular
education students who have been placed for care and treatment are reimbursable
in accordance with parts
3525.0800 and
3525.1310.
A. When regular education and special
education services are provided, only the special education portion shall be
reimbursed with special education aid.
B. The special education services provided to
pupils in accordance with an IEP are reimbursable.
C. The indirect or consultative services
provided in conjunction with regular education prereferral interventions and
evaluation provided to regular education students suspected of being disabled
and who have demonstrated learning or emotional or behavioral problems in a
screening are reimbursable.
D.
Regular education, including screening, provided to students, pupils, and
regular education students are not reimbursable with special education
categorical aids.
Statutory Authority: MS s 120.17; 121.11;
L
1994 c 647 art 3
s
23;
L
1999 c 123
s
19,
20
