Subdivision 1. School board and county board responsibilities. (a) It is the joint responsibility of school and county boards to coordinate, provide, and pay for appropriate services and to facilitate payment for services from public and private sources. Appropriate services for children eligible under section 125A.02 and receiving services from two or more public agencies, of which one is the public school, must be determined in consultation with parents, physicians, and other education, medical health, and human services providers. The services provided must conform with a standardized written plan for each eligible child ages three to 21.
(b) Appropriate services include those services listed on a child's standardized written plan. These services are those that are required to be documented on a plan under federal and state law or rule.
(c) School and county boards shall coordinate interagency services. Service responsibilities for eligible children, ages three to 21, may be established in interagency agreements or joint powers board agreements. In addition, interagency agreements or joint powers board agreements may be developed to establish agency responsibility that ensures that coordinated interagency services are coordinated, provided, and paid for and that payment is facilitated from public and private sources. School boards must provide, pay for, and facilitate payment for special education services as required under sections 125A.03 and 125A.06. County boards must provide, pay for, and facilitate payment for those programs over which they have service and fiscal responsibility as referenced in section 125A.023, subdivision 3, paragraph (c), clause (1).
Subd. 1a. Local governance structure. The school boards and county boards are responsible for developing and implementing interagency policies and procedures to coordinate services at the local level for children with disabilities ages three to 21 under guidelines established by the state interagency committee under section 125A.023, subdivision 4. Consistent with the requirements in this section and section 125A.023, the school boards and county boards may organize as a joint powers board under section 471.59 or enter into an interagency agreement that establishes a governance structure.
Subd. 2. Appropriate and necessary services. (a) Parents, physicians, other health care professionals including school nurses, and education and human services providers jointly must determine appropriate and necessary services for eligible children with disabilities ages three to 21. The services provided to the child under this section must conform with the child's standardized written plan. The school board or county board must provide those services contained in a child's individualized education program and those services for which a legal obligation exists. Nothing in this section creates an additional right of appeal beyond the rights granted under sections 125A.091, 125A.25, and 256.045.
(b) Nothing in this section or section 125A.023 increases or decreases the obligation of the state, county, regional agency, local school district, or local agency or organization to pay for education, health care, or social services.
(c) A health plan may not exclude any medically necessary covered service solely because the service is or could be identified in a child's individual family service plan, individualized education program, a plan established under section 504 of the federal Rehabilitation Act of 1973, or a student's individual health plan. This paragraph reaffirms the obligation of a health plan company to provide or pay for certain medically necessary covered services, and encourages a health plan company to coordinate this care with any other providers of similar services. Also, a health plan company may not exclude from a health plan any medically necessary covered service such as an assessment or physical examination solely because the resulting information may be used for an individualized education program or a standardized written plan.
Subd. 3. [Repealed, 2014 c 272 art 4 s 14]
Subd. 4. [Repealed by amendment, 1Sp2015 c 3 art 5 s 11]
1998 c 397 art 11 s 3; 1998 c 398 art 3 s 3; 1999 c 123 s 4; 2000 c 489 art 3 s 8; 1Sp2001 c 6 art 3 s 6; 2011 c 76 art 1 s 16; 1Sp2011 c 11 art 3 s 12; 2014 c 272 art 4 s 4,5; 1Sp2015 c 3 art 5 s 11
Structure Minnesota Statutes
Chapters 120 - 129C — Education Code: Prekindergarten - Grade 12
Chapter 125A — Special Education And Special Programs
Section 125A.01 — Definitions.
Section 125A.02 — Child With A Disability Defined.
Section 125A.023 — State Agency Coordination Responsibilities.
Section 125A.027 — Local Agency Coordination Responsibilities.
Section 125A.03 — Special Instruction For Children With A Disability.
Section 125A.04 — High School Diploma.
Section 125A.06 — Blind Persons' Literacy Rights.
Section 125A.08 — Individualized Education Programs.
Section 125A.083 — Student Information Systems; Transferring Records.
Section 125A.091 — Alternative Dispute Resolution And Due Process Hearings.
Section 125A.094 — Restrictive Procedures For Children With Disabilities.
Section 125A.0941 — Definitions.
Section 125A.0942 — Standards For Restrictive Procedures.
Section 125A.11 — Special Instructions For Nonresident Children.
Section 125A.12 — Attendance In Another District.
Section 125A.125 — Report On Homeless Children Served.
Section 125A.13 — School Of Parents' Choice.
Section 125A.14 — Extended School Year.
Section 125A.15 — Placement In Another District; Responsibility.
Section 125A.155 — Special Education Reciprocity; Commissioner Duties.
Section 125A.17 — Legal Residence Of A Child With A Disability Placed In A Foster Facility.
Section 125A.18 — Special Instruction; Nonpublic Schools.
Section 125A.19 — Nonresident Education; Billing.
Section 125A.20 — Transportation Aid Agreements.
Section 125A.21 — Third-party Payment.
Section 125A.22 — Community Transition Interagency Committee.
Section 125A.23 — Agency Access To Nonpublic Data.
Section 125A.24 — Parent Advisory Councils.
Section 125A.25 — Legislative Commitment To Conciliation.
Section 125A.259 — Citation; Interagency Early Childhood Intervention System.
Section 125A.27 — Definitions.
Section 125A.28 — State Interagency Coordinating Council.
Section 125A.29 — Responsibilities Of County Boards And School Boards.
Section 125A.30 — Interagency Early Intervention Committees.
Section 125A.31 — Local Primary Agency.
Section 125A.32 — Individualized Family Service Plan (ifsp).
Section 125A.33 — Service Coordination.
Section 125A.34 — Early Intervention Respite Services.
Section 125A.35 — Early Intervention Service Dollars.
Section 125A.36 — Payment For Services.
Section 125A.37 — Payor Of Last Resort.
Section 125A.38 — Maintenance Of Effort.
Section 125A.39 — Local Interagency Agreements.
Section 125A.40 — Third-party Payment.
Section 125A.41 — Coordinating Health Insurance Benefits.
Section 125A.42 — Procedural Safeguards; Parent And Child Rights.
Section 125A.43 — Mediation Procedure.
Section 125A.44 — Complaint Procedure.
Section 125A.45 — Interagency Dispute Procedure.
Section 125A.46 — Due Process Hearings.
Section 125A.48 — State Interagency Agreement.
Section 125A.50 — Alternative Delivery Of Specialized Instructional Services.
Section 125A.51 — Placement Of Children Without Disabilities; Education And Transportation.
Section 125A.515 — Placement Of Students; Approval Of Education Program.
Section 125A.53 — Director Of A Special Education Cooperative.
Section 125A.55 — Accommodating Students With Disabilities.
Section 125A.56 — Alternate Instruction Required Before Assessment Referral.
Section 125A.58 — Purchasing Guidelines.
Section 125A.59 — Interagency Agreement To Purchase Used Assistive Technology Devices.
Section 125A.60 — Purchase Agreement; Price Formula.
Section 125A.61 — Location And Status.
Section 125A.62 — Duties Of The Board Of The Minnesota State Academies.
Section 125A.63 — Resources; Deaf Or Hard-of-hearing And Blind Or Visually Impaired.
Section 125A.64 — Powers Of Board Of The Minnesota State Academies.
Section 125A.65 — Attendance At Academies For The Deaf And Blind.
Section 125A.66 — Obligations Of The Academies.
Section 125A.67 — Staff Of The Academies.
Section 125A.68 — State Adopted Procedures.
Section 125A.69 — Admission Standards.
Section 125A.70 — Expense Of Pupils.
Section 125A.71 — Deposit And Appropriation Of Rents And Fees Of Academies.
Section 125A.72 — Student Activities Account.
Section 125A.73 — Duties Of State Departments.
Section 125A.74 — Medical Assistance Payments To School Districts.
Section 125A.744 — Statewide Data Management System To Maximize Medical Assistance Reimbursement.
Section 125A.75 — Special Education Programs; Approval; Aid Payments; Travel Aid; Litigation Costs.
Section 125A.76 — Special Education Aid.