agency-129•Minnesota Rules — Education Department
Minnesota Rules — Education Department
agency-129Minn. R. (Education Department)Regulation
Chapter 3500 PUBLIC SCHOOL REQUIREMENTS
Minn. R. 3500.0500 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3500.0550 Inclusive Educational Program
Subpart 1. Establishment of a plan.
The school board in each district shall adopt a written plan to assure that the curriculum developed for use in district schools establishes and maintains an inclusive educational program. An inclusive educational program is one that employs a curriculum that is developed and delivered so that students and staff gain an understanding and appreciation of:
A. The cultural diversity of the United States. Special emphasis must be placed on American Indians/Alaskan natives, Asian Americans/Pacific Islanders, Black Americans, and Hispanic Americans. The program must reflect the wide range of contributions by and roles open to Americans of all races and cultures.
B. The historical and contemporary contributions of women and men to society. Special emphasis must be placed on the contributions of women. The program must reflect the wide range of contributions by and roles open to American women and men.
C. The historical and contemporary contributions to society by persons with disabilities. The program must reflect the wide range of contributions by and roles open to Americans with disabilities.
Subp. 2. Specifications for the plan.
The current plan must:
A. address the manner in which the multicultural and gender fair concepts in subpart 1, items A, B, and C are to be incorporated into the curriculum goals, learner outcomes, and evaluation processes established in the district;
B. determine the extent to which the district curriculum advisory committee established by Minnesota Statutes, section 120B.11, subdivision 3, will be involved in implementing this part;
C. include evidence of substantive involvement by women, persons of color, and persons with disabilities in the development of the plan. In communities with no persons of color, the district shall use resource people available in the region, state, or nation whenever the plan is developed, reviewed, or revised;
D. include specific goals, objectives, and implementation timelines for the curriculum processes, content, and materials needed for each of the areas in subpart 1;
E. include procedures for systematic monitoring and evaluation of the plan; and
F. include a description of the program planned to provide in-service training for all staff in the areas related to subpart 1, items A, B, and C, and subpart 2, items D and E.
Subp. 3. Filing, reports, review, and revision.
A. The current plan must be on file in the administrative offices of the district and with the commissioner of education.
B. The district shall submit status reports on implementing the plan as requested by the commissioner.
C. The current plan must be reviewed at least every six years and be revised as necessary.
History
- Statutory Authority: MS s 121.11
- History: 13 SR 2859; L 1995 1Sp3 art 16 s 13; L 1998 c 397 art 11 s 3; L 2003 c 130 s 12; L 2005 c 56 s 2
Minn. R. 3500.0600 Repealed by subpart
Subpart 1.
[Repealed, L 1993 c 224 art 12 s 39]
Subp. 2.
[Repealed, L 1993 c 224 art 12 s 39]
Subp. 3.
[Repealed, L 2003 1Sp9 art 10 s 14]
Minn. R. 3500.0605 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3500.0700 [Repealed, 13 SR 2684]
[Repealed, 13 SR 2684]
Minn. R. 3500.0710 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3500.0800 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3500.1000 Experimental and Flexible School Year Programs
Subpart 1. Request.
A district may request approval from the commissioner of education for an experimental program of study, a four-day school week, or a flexible school year program. They shall be designed to accomplish at least one of the following:
A. improve instructional quality;
B. increase cost-effectiveness;
C. make better use of community resources or available technology; or
D. establish an alternative eligibility criteria intended to identify pupils in need of special education services.
Subp. 2. Exemption from state rules.
If the proposed program is approved, the commissioner of education shall provide an exemption to state rules that otherwise would apply.
Subp. 3. Contents of proposal.
The proposal shall include: specific state rules from which the district requests exemption, the goals and objectives of the program, the activities to be used to accomplish the objectives, a definite time limit which may not exceed three years, and the evaluation procedures to be used.
Subp. 4. Participation and approval.
The district shall provide evidence that the district staff, pupils, and parents who would be affected, participated in the development and will participate in the annual review of the proposal, and that the proposal has the approval of the district school board.
Parents whose children will be involved shall be fully informed at the IEP meeting and shall have the opportunity to approve or disapprove placement in the experimental program.
Subp. 5. Criteria for continuation.
If the commissioner of education finds that the program has met the proposed goals and objectives, the commissioner shall authorize continuation of the program and specify the state rules from which the program is exempt and the period of time the program will be continued.
History
- Statutory Authority: MS s 14.05; 121.11; L 1994 c 647 art 3 s 23
- History: 19 SR 2432; L 1998 c 397 art 11 s 3; L 1998 c 398 art 5 s 55; L 2003 c 130 s 12
Minn. R. 3500.1050 Definitions for Pupil Fees
Subpart 1. Applicability.
For the purposes of Minnesota Statutes, sections 123B.35 to 123B.39 the following terms have the meanings given them.
Subp. 2. Curricular.
"Curricular" means those portions of the school program for which credit is granted. This definition applies equally to required or elective curricular programs.
Subp. 3. Cocurricular.
"Cocurricular" means those portions of the school sponsored and directed activities designed to provide opportunities for pupils to participate in such experiences on an individual basis or in groups, at school and at public events, for improvement of skills. Cocurricular activities have one or more of the following characteristics:
A. are for credit or required for graduation;
B. are conducted at regular and uniform times during school hours, or if at times other than school hours, are established by school authorities;
C. are directed or supervised by instructional staff in a learning environment similar to that found in courses offered for credit; and
D. are primarily or totally funded by public moneys for general instructional purposes under direction and control of the local board of education. Any deficits resulting from these activities are always subsidized by general school funds.
Subp. 4. Noncurricular.
"Noncurricular" activities means those activities that include all direct and personal services for public school pupils for their enjoyment that are managed and generally operated under the guidance of an adult or staff member. Noncurricular activities have all of the following characteristics:
A. are not for credit or required for graduation;
B. are conducted for the most part during other than school hours, or if partly during school hours, at times agreed by the participants, and approved by school authorities;
C. the content of the activities is determined primarily by the interests of the student participants and their parents with only the guidance of the staff member or other adult; and
D. with the possible exception of direct costs of any salaries and indirect costs of the use of school facilities, the activity is self-sustaining as all other expenses are met by dues, admissions, or other pupil fundraising events.
Subp. 5. Extracurricular.
"Extracurricular" has the same meaning as noncurricular.
Subp. 6. Supplementary.
"Supplementary" has the same meaning as noncurricular.
Subp. 7. Regular school day.
"Regular school day" means that which is defined in part 3500.1500 for middle and secondary pupils and in part 3500.1200 for elementary pupils.
History
- Statutory Authority: MS s 121.11
- History: L 1998 c 397 art 11 s 3
Minn. R. 3500.1060 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3500.1075 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3500.1090 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3500.1100 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3500.1150 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3500.1200 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3500.1400 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3500.1500 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3500.1600 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3500.1800 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3500.1900 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3500.2000 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3500.2010 [Repealed, 14 SR 2000]
[Repealed, 14 SR 2000]
Minn. R. 3500.2020 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3500.2100 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3500.2110 [Repealed, 14 SR 2000]
[Repealed, 14 SR 2000]
Minn. R. 3500.2900 Repealed by subpart
Subpart 1.
[Repealed, L 1993 c 224 art 12 s 39]
Subp. 2.
[Repealed, L 1993 c 224 art 12 s 39]
Subp. 3.
[Repealed, L 1993 c 224 art 12 s 39]
Subp. 4.
[Repealed, 14 SR 2000]
Minn. R. 3500.2950 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3500.3100 Repealed by subpart
Subpart 1.
[Repealed, L 1993 c 224 art 12 s 39]
Subp. 2.
[Repealed, L 1993 c 224 art 12 s 39]
Subp. 3.
[Repealed, L 1993 c 224 art 12 s 39]
Subp. 4.
[Repealed, L 2017 1Sp5 art 10 s 8]
Minn. R. 3500.3500 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3500.3600 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3500.3700 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3500.3900 [Repealed, L 1999 c 241 art 4 s 29]
[Repealed, L 1999 c 241 art 4 s 29]
Minn. R. 3500.4000 [Repealed, L 1999 c 241 art 4 s 29]
[Repealed, L 1999 c 241 art 4 s 29]
Minn. R. 3500.4100 [Repealed, L 1999 c 241 art 4 s 29]
[Repealed, L 1999 c 241 art 4 s 29]
Minn. R. 3500.4200 [Repealed, L 1999 c 241 art 4 s 29]
[Repealed, L 1999 c 241 art 4 s 29]
Minn. R. 3500.4300 [Repealed, L 1999 c 241 art 4 s 29]
[Repealed, L 1999 c 241 art 4 s 29]
Minn. R. 3500.4400 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3500.4500 [Repealed, 9 SR 834]
[Repealed, 9 SR 834]
Minn. R. 3500.5000 [Repealed, 21 SR 458]
[Repealed, 21 SR 458]
Minn. R. 3500.5010 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3500.5020 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3500.5030 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3500.5040 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3500.5050 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3500.5060 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3500.5070 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Chapter 3501 GRADUATION STANDARDS
Minn. R. 3501.0010 [Repealed, L 2013 c 116 art 2 s 22]
[Repealed, L 2013 c 116 art 2 s 22]
Minn. R. 3501.0020 [Repealed, L 2013 c 116 art 2 s 22]
[Repealed, L 2013 c 116 art 2 s 22]
Minn. R. 3501.0030 Repealed by subpart
Subpart 1.
[Repealed, L 2013 c 116 art 2 s 22]
Subp. 2.
[Repealed, L 2013 c 116 art 2 s 22]
Subp. 3.
[Repealed, L 2013 c 116 art 2 s 22]
Subp. 4.
[Repealed, L 2013 c 116 art 2 s 22]
Subp. 5.
[Repealed, L 2013 c 116 art 2 s 22]
Subp. 6.
[Repealed, L 2013 c 116 art 2 s 22]
Subp. 7.
[Repealed, L 2013 c 116 art 2 s 22]
Subp. 8.
[Repealed, 23 SR 2358]
Subp. 9.
[Repealed, L 2013 c 116 art 2 s 22]
Subp. 10.
[Repealed, L 2013 c 116 art 2 s 22]
Subp. 11.
[Repealed, L 2013 c 116 art 2 s 22]
Subp. 12.
[Repealed, L 2013 c 116 art 2 s 22]
Subp. 13.
[Repealed, L 2013 c 116 art 2 s 22]
Subp. 14.
[Repealed, L 2013 c 116 art 2 s 22]
Subp. 15.
[Repealed, L 2013 c 116 art 2 s 22]
Subp. 16.
[Repealed, L 2013 c 116 art 2 s 22]
Minn. R. 3501.0040 [Repealed, L 2013 c 116 art 2 s 22]
[Repealed, L 2013 c 116 art 2 s 22]
Minn. R. 3501.0050 [Repealed, L 2013 c 116 art 2 s 22]
[Repealed, L 2013 c 116 art 2 s 22]
Minn. R. 3501.0060 [Repealed, L 2013 c 116 art 2 s 22]
[Repealed, L 2013 c 116 art 2 s 22]
Minn. R. 3501.0070 [Repealed, 23 SR 2358]
[Repealed, 23 SR 2358]
Minn. R. 3501.0080 [Repealed, 23 SR 2358]
[Repealed, 23 SR 2358]
Minn. R. 3501.0090 [Repealed, L 2013 c 116 art 2 s 22]
[Repealed, L 2013 c 116 art 2 s 22]
Minn. R. 3501.0100 [Repealed, L 2013 c 116 art 2 s 22]
[Repealed, L 2013 c 116 art 2 s 22]
Minn. R. 3501.0110 [Repealed, L 2013 c 116 art 2 s 22]
[Repealed, L 2013 c 116 art 2 s 22]
Minn. R. 3501.0120 [Repealed, L 2013 c 116 art 2 s 22]
[Repealed, L 2013 c 116 art 2 s 22]
Minn. R. 3501.0130 [Repealed, L 2013 c 116 art 2 s 22]
[Repealed, L 2013 c 116 art 2 s 22]
Minn. R. 3501.0140 [Repealed, L 2013 c 116 art 2 s 22]
[Repealed, L 2013 c 116 art 2 s 22]
Minn. R. 3501.0150 [Repealed, L 2013 c 116 art 2 s 22]
[Repealed, L 2013 c 116 art 2 s 22]
Minn. R. 3501.0160 [Repealed, L 2013 c 116 art 2 s 22]
[Repealed, L 2013 c 116 art 2 s 22]
Minn. R. 3501.0170 [Repealed, L 2013 c 116 art 2 s 22]
[Repealed, L 2013 c 116 art 2 s 22]
Minn. R. 3501.0180 [Repealed, L 2013 c 116 art 2 s 22]
[Repealed, L 2013 c 116 art 2 s 22]
Minn. R. 3501.0200 [Repealed, L 2013 c 116 art 2 s 22]
[Repealed, L 2013 c 116 art 2 s 22]
Minn. R. 3501.0210 [Repealed, L 2013 c 116 art 2 s 22]
[Repealed, L 2013 c 116 art 2 s 22]
Minn. R. 3501.0220 [Repealed, L 2013 c 116 art 2 s 22]
[Repealed, L 2013 c 116 art 2 s 22]
Minn. R. 3501.0230 [Repealed, L 2013 c 116 art 2 s 22]
[Repealed, L 2013 c 116 art 2 s 22]
Minn. R. 3501.0240 [Repealed, L 2013 c 116 art 2 s 22]
[Repealed, L 2013 c 116 art 2 s 22]
Minn. R. 3501.0250 [Repealed, L 2013 c 116 art 2 s 22]
[Repealed, L 2013 c 116 art 2 s 22]
Minn. R. 3501.0260 [Repealed, 23 SR 2358]
[Repealed, 23 SR 2358]
Minn. R. 3501.0270 [Repealed, L 2013 c 116 art 2 s 22]
[Repealed, L 2013 c 116 art 2 s 22]
Minn. R. 3501.0280 Repealed by subpart
Subpart 1.
[Repealed, L 2013 c 116 art 2 s 22]
Subp. 2.
[Repealed, L 2013 c 116 art 2 s 22]
Subp. 3.
[Repealed, L 2001 1Sp6 art 2 s 78]
Minn. R. 3501.0290 [Repealed, L 2013 c 116 art 2 s 22]
[Repealed, L 2013 c 116 art 2 s 22]
Minn. R. 3501.0300 [Repealed, L 2003 c 129 art 1 s 12]
[Repealed, L 2003 c 129 art 1 s 12]
Minn. R. 3501.0310 [Repealed, L 2003 c 129 art 1 s 12]
[Repealed, L 2003 c 129 art 1 s 12]
Minn. R. 3501.0320 [Repealed, L 2003 c 129 art 1 s 12]
[Repealed, L 2003 c 129 art 1 s 12]
Minn. R. 3501.0330 Repealed by subpart
Subpart 1.
[Repealed, L 2003 c 129 art 1 s 12]
Subp. 2.
A. [Repealed, L 2000 c 500 s 21]
B. [Repealed, L 2003 c 129 art 1 s 12]
C. [Repealed, L 2003 c 129 art 1 s 12]
Subp. 3.
[Repealed, L 2003 c 129 art 1 s 12]
Subp. 4.
[Repealed, L 2003 c 129 art 1 s 12]
Subp. 5.
[Repealed, L 2003 c 129 art 1 s 12]
Subp. 6.
[Repealed, L 2003 c 129 art 1 s 12]
Subp. 7.
A. [Repealed, L 2003 c 129 art 1 s 12]
B. [Repealed, L 2000 c 500 s 21]
Minn. R. 3501.0340 [Repealed, L 2003 c 129 art 1 s 12]
[Repealed, L 2003 c 129 art 1 s 12]
Minn. R. 3501.0350 [Repealed, L 2003 c 129 art 1 s 12]
[Repealed, L 2003 c 129 art 1 s 12]
Minn. R. 3501.0360 [Repealed, L 2000 c 500 s 21; 25 SR 1402]
[Repealed, L 2000 c 500 s 21; 25 SR 1402]
Minn. R. 3501.0370 Repealed by subpart
Subpart 1.
[Repealed, L 2000 c 500 s 21; 25 SR 1402]
Subp. 2.
[Repealed, L 2000 c 500 s 21; 25 SR 1402]
Subp. 3.
[Repealed, L 2003 c 129 art 1 s 12]
Subp. 4.
[Repealed, L 2000 c 500 s 21; 25 SR 1402]
Subp. 5.
[Repealed, L 2003 c 129 art 1 s 12]
Subp. 6.
[Repealed, L 2003 c 129 art 1 s 12]
Minn. R. 3501.0380 [Repealed, L 2003 c 129 art 1 s 12]
[Repealed, L 2003 c 129 art 1 s 12]
Minn. R. 3501.0390 [Repealed, L 2003 c 129 art 1 s 12]
[Repealed, L 2003 c 129 art 1 s 12]
Minn. R. 3501.0400 [Repealed, L 2003 c 129 art 1 s 12]
[Repealed, L 2003 c 129 art 1 s 12]
Minn. R. 3501.0410 [Repealed, L 2003 c 129 art 1 s 12]
[Repealed, L 2003 c 129 art 1 s 12]
Minn. R. 3501.0420 Repealed by subpart
Subpart 1.
[Repealed, L 2003 c 129 art 1 s 12]
Subp. 2.
[Repealed, L 2003 c 129 art 1 s 12]
Subp. 3.
[Repealed, L 2003 c 129 art 1 s 12]
Subp. 4.
[Repealed, L 2000 c 500 s 21; 25 SR 1402]
Minn. R. 3501.0430 [Repealed, L 2000 c 500 s 21; 25 SR 1402]
[Repealed, L 2000 c 500 s 21; 25 SR 1402]
Minn. R. 3501.0440 [Repealed, L 2003 c 129 art 1 s 12]
[Repealed, L 2003 c 129 art 1 s 12]
Minn. R. 3501.0441 [Repealed, L 2003 c 129 art 1 s 12]
[Repealed, L 2003 c 129 art 1 s 12]
Minn. R. 3501.0442 [Repealed, L 2003 c 129 art 1 s 12]
[Repealed, L 2003 c 129 art 1 s 12]
Minn. R. 3501.0443 [Repealed, L 2003 c 129 art 1 s 12]
[Repealed, L 2003 c 129 art 1 s 12]
Minn. R. 3501.0444 [Repealed, L 2003 c 129 art 1 s 12]
[Repealed, L 2003 c 129 art 1 s 12]
Minn. R. 3501.0445 [Repealed, L 2003 c 129 art 1 s 12]
[Repealed, L 2003 c 129 art 1 s 12]
Minn. R. 3501.0446 [Repealed, L 2003 c 129 art 1 s 12]
[Repealed, L 2003 c 129 art 1 s 12]
Minn. R. 3501.0447 [Repealed, L 2003 c 129 art 1 s 12]
[Repealed, L 2003 c 129 art 1 s 12]
Minn. R. 3501.0448 [Repealed, L 2003 c 129 art 1 s 12]
[Repealed, L 2003 c 129 art 1 s 12]
Minn. R. 3501.0449 [Repealed, L 2003 c 129 art 1 s 12]
[Repealed, L 2003 c 129 art 1 s 12]
Minn. R. 3501.0450 [Repealed, L 2003 c 129 art 1 s 12]
[Repealed, L 2003 c 129 art 1 s 12]
Minn. R. 3501.0460 [Repealed, L 2003 c 129 art 1 s 12]
[Repealed, L 2003 c 129 art 1 s 12]
Minn. R. 3501.0461 [Repealed, L 2003 c 129 art 1 s 12]
[Repealed, L 2003 c 129 art 1 s 12]
Minn. R. 3501.0462 [Repealed, L 2003 c 129 art 1 s 12]
[Repealed, L 2003 c 129 art 1 s 12]
Minn. R. 3501.0463 [Repealed, L 2003 c 129 art 1 s 12]
[Repealed, L 2003 c 129 art 1 s 12]
Minn. R. 3501.0464 [Repealed, L 2003 c 129 art 1 s 12]
[Repealed, L 2003 c 129 art 1 s 12]
Minn. R. 3501.0465 [Repealed, L 2003 c 129 art 1 s 12]
[Repealed, L 2003 c 129 art 1 s 12]
Minn. R. 3501.0466 [Repealed, L 2003 c 129 art 1 s 12]
[Repealed, L 2003 c 129 art 1 s 12]
Minn. R. 3501.0467 [Repealed, L 2003 c 129 art 1 s 12]
[Repealed, L 2003 c 129 art 1 s 12]
Minn. R. 3501.0468 [Repealed, L 2003 c 129 art 1 s 12]
[Repealed, L 2003 c 129 art 1 s 12]
Minn. R. 3501.0469 [Repealed, L 2003 c 129 art 1 s 12]
[Repealed, L 2003 c 129 art 1 s 12]
Minn. R. 3501.0505 [Repealed, L 2013 c 116 art 2 s 22]
[Repealed, L 2013 c 116 art 2 s 22]
Minn. R. 3501.0510 [Repealed, L 2013 c 116 art 2 s 22]
[Repealed, L 2013 c 116 art 2 s 22]
Minn. R. 3501.0515 [Repealed, L 2013 c 116 art 2 s 22]
[Repealed, L 2013 c 116 art 2 s 22]
Minn. R. 3501.0520 [Repealed, L 2013 c 116 art 2 s 22]
[Repealed, L 2013 c 116 art 2 s 22]
Minn. R. 3501.0525 [Repealed, L 2013 c 116 art 2 s 22]
[Repealed, L 2013 c 116 art 2 s 22]
Minn. R. 3501.0530 [Repealed, L 2013 c 116 art 2 s 22]
[Repealed, L 2013 c 116 art 2 s 22]
Minn. R. 3501.0535 [Repealed, L 2013 c 116 art 2 s 22]
[Repealed, L 2013 c 116 art 2 s 22]
Minn. R. 3501.0540 [Repealed, L 2013 c 116 art 2 s 22]
[Repealed, L 2013 c 116 art 2 s 22]
Minn. R. 3501.0545 [Repealed, L 2013 c 116 art 2 s 22]
[Repealed, L 2013 c 116 art 2 s 22]
Minn. R. 3501.0550 [Repealed, L 2013 c 116 art 2 s 22]
[Repealed, L 2013 c 116 art 2 s 22]
Minn. R. 3501.0560 [Repealed, 33 SR 507]
[Repealed, 33 SR 507]
Minn. R. 3501.0565 [Repealed, 33 SR 507]
[Repealed, 33 SR 507]
Minn. R. 3501.0570 [Repealed, 33 SR 507]
[Repealed, 33 SR 507]
Minn. R. 3501.0575 [Repealed, 33 SR 507]
[Repealed, 33 SR 507]
Minn. R. 3501.0580 [Repealed, 33 SR 507]
[Repealed, 33 SR 507]
Minn. R. 3501.0585 [Repealed, 33 SR 507]
[Repealed, 33 SR 507]
Minn. R. 3501.0590 [Repealed, 33 SR 507]
[Repealed, 33 SR 507]
Minn. R. 3501.0595 [Repealed, 33 SR 507]
[Repealed, 33 SR 507]
Minn. R. 3501.0600 [Repealed, 33 SR 507]
[Repealed, 33 SR 507]
Minn. R. 3501.0605 [Repealed, 33 SR 507]
[Repealed, 33 SR 507]
Minn. R. 3501.0610 [Repealed, 33 SR 507]
[Repealed, 33 SR 507]
Minn. R. 3501.0620 [Repealed, 34 SR 643]
[Repealed, 34 SR 643]
Minn. R. 3501.0625 [Repealed, 34 SR 643]
[Repealed, 34 SR 643]
Minn. R. 3501.0630 [Repealed, 34 SR 643]
[Repealed, 34 SR 643]
Minn. R. 3501.0635 [Repealed, 34 SR 643]
[Repealed, 34 SR 643]
Minn. R. 3501.0640 [Repealed, 47 SR 1207]
[Repealed, 47 SR 1207]
Minn. R. 3501.0645 [Repealed, 47 SR 1207]
[Repealed, 47 SR 1207]
Minn. R. 3501.0650 [Repealed, 47 SR 1207]
[Repealed, 47 SR 1207]
Minn. R. 3501.0655 [Repealed, 47 SR 1207]
[Repealed, 47 SR 1207]
Minn. R. 3501.0660 Academic Standards for Kindergarten Through Grade 12
Subpart 1. Purpose and application.
The purpose of these standards is to establish statewide standards for English Language Arts that govern instruction of students in kindergarten through grade 12. School districts shall assess a student's performance using criteria in subparts 2 to 4.
Subp. 2. Reading.
A. The student will demonstrate knowledge of oral language, phonological and phonemic awareness, phonics, and morphology to read accurately and fluently.
B. The student will read and comprehend independently both self-selected and teacher-directed texts; complex literary and informational texts; and texts from multiple sources representing perspectives and identities like and unlike their own from dominant, nondominant, and marginalized social groups.
C. The student will independently read and comprehend both self-selected and teacher-directed complex literary and informational texts representing perspectives of historical and contemporary Dakota and Anishinaabe people.
D. The student will read critically to comprehend, interpret, and analyze themes and central ideas in complex literary and informational texts.
E. The student will apply knowledge of text structure to understand and evaluate a wide variety of complex literary and informational texts.
F. The student will analyze influences on content, meaning, and style of text, including fact and fiction, time period, and author perspective and identity, including Dakota and Anishinaabe perspective, in complex literary and informational texts.
G. The student will evaluate arguments and specific claims from complex informational texts.
H. The student will examine the impact of vocabulary, including words and phrases, on content, style, and meaning of complex literary and informational texts.
I. The student will access and gather information from a variety of sources representing diverse perspectives and assess the relevance and credibility of the information.
Subp. 3. Writing.
A. The student will demonstrate knowledge of oral language, orthography, grammar, and mechanics to express ideas in writing.
B. The student will write routinely for various purposes and disciplines, representing one's own personal perspective, identity, and voice.
C. The student will develop and strengthen writing by using a writing process, including planning, drafting, revising, editing, and publishing.
D. The student will write arguments to support claims and to persuade in an analysis of topics or texts using valid reasoning and evidence, while considering the audience and context.
E. The student will write informative or explanatory texts to examine and convey complex ideas and information clearly and accurately through use of informational and literary text, while considering the audience and context.
F. The student will write narratives, poetry, and other creative texts with details and effective technique to express ideas.
G. The student will engage in inquiry-based learning and research processes to create texts and presentations for a variety of purposes and audiences.
H. The student will use evidence from sources to support writing, correctly cite those sources, and demonstrate an understanding of the rights and obligations of using intellectual property.
Subp. 4. Speaking, listening, viewing, and exchanging ideas.
A. The student will exchange ideas in discussion and collaboration as a listener, speaker, and participant by:
B. The student will communicate with others by applying knowledge of vocabulary, language, structure, and features of spoken language, while considering the audience and context.
C. The student will thoughtfully and safely access, analyze, and create written, oral, and digital content applicable to a variety of purposes, audiences, and disciplines.
History
- Statutory Authority: MS s 120B.02; 120B.021; 120B.023
- History: 47 SR 1207
Minn. R. 3501.0700 [Repealed, 49 SR 1123]
[Repealed, 49 SR 1123]
Minn. R. 3501.0705 [Repealed, 49 SR 1123]
[Repealed, 49 SR 1123]
Minn. R. 3501.0710 [Repealed, 49 SR 1123]
[Repealed, 49 SR 1123]
Minn. R. 3501.0715 [Repealed, 49 SR 1123]
[Repealed, 49 SR 1123]
Minn. R. 3501.0720 [Repealed, 49 SR 1123]
[Repealed, 49 SR 1123]
Minn. R. 3501.0725 [Repealed, 49 SR 1123]
[Repealed, 49 SR 1123]
Minn. R. 3501.0730 [Repealed, 49 SR 1123]
[Repealed, 49 SR 1123]
Minn. R. 3501.0735 [Repealed, 49 SR 1123]
[Repealed, 49 SR 1123]
Minn. R. 3501.0740 [Repealed, 49 SR 1123]
[Repealed, 49 SR 1123]
Minn. R. 3501.0745 [Repealed, 49 SR 1123]
[Repealed, 49 SR 1123]
Minn. R. 3501.0750 Academic Standards in Mathematics
Subpart 1. Purpose and application.
The purpose of these standards is to establish statewide standards for mathematics that govern instruction of students in kindergarten through grade 12. School districts shall assess a student's performance using criteria in subparts 2 to 4.
Subp. 2. Data analysis.
A. The student will identify, formulate, and investigate statistical questions by collecting data considering cultural perspectives, analyzing and interpreting data, and communicating the results.
B. The student will apply and explain the concepts of probability to interpret data, generate questions, predict and make informed decisions to solve problems, and communicate ideas.
Subp. 3. Spatial reasoning.
A. The student will investigate measurement using a variety of tools, units, systems, processes, and techniques in various cultures. The student will explain and reason with attributes, estimations, and formulas to communicate measurements and relationships effectively. The student will justify decisions and consider the reasonableness of the measurement.
B. The student will analyze characteristics of geometric shapes to make mathematical arguments and justifications about geometric relationships. The student will use visualization and geometric modeling to compare, solve problems, and communicate ideas.
Subp. 4. Patterns and relationships.
A. The student will describe, interpret, and use quantities, relationships between quantities, representations of quantities, and number systems. The student will describe operations and the relationship between operations. The student will use strategies and procedures accurately, efficiently, and flexibly. The student will assess the reasonableness of the results.
B. The student will use concepts and properties of equivalence and relational thinking to represent and compare numerical expressions, proportional relationships, algebraic expressions, and equations.
C. The student will represent and connect mathematical patterns and relationships using verbal descriptions, generalizations, tables, and graphs; and use representations to generate questions, make predictions, and solve mathematical problems.
Subp. 5. High school preparedness.
By the end of grade 8, a student will meet the following criteria, which prepares the student for three credits of mathematics in grades 9 through 12, including Algebra II, Integrated Mathematics III, or an equivalent.
A. Data analysis: The student will analyze bivariate data by creating and using linear and geometric models.
B. Spatial reasoning: The student will apply the Pythagorean Theorem to find side lengths and calculate distances using algebraic reasoning, use similar triangles to explore lines and slope on a coordinate plane, and analyze types of solutions to systems of linear equations.
C. Patterns and relationships: The student will classify real numbers, use properties of exponents, solve financial contexts involving exponents, solve algebraic equations and inequalities, and analyze linear systems and nonlinear functions.
Subp. 6. Implementation.
These standards must be implemented by school districts by the beginning of the 2027-2028 school year.
History
- Statutory Authority: MS s 120B.021
- History: 49 SR 1123
Minn. R. 3501.0800 [Repealed, 45 SR 449]
[Repealed, 45 SR 449]
Minn. R. 3501.0805 [Repealed, 45 SR 449]
[Repealed, 45 SR 449]
Minn. R. 3501.0810 [Repealed, 45 SR 449]
[Repealed, 45 SR 449]
Minn. R. 3501.0815 [Repealed, 45 SR 449]
[Repealed, 45 SR 449]
Minn. R. 3501.0820 Academic Arts Standards for Kindergarten Through Grade 12
Subpart 1. Application.
School districts that apply the statewide academic standards in the arts to measure accountability in media arts, dance, music, theater, or visual arts shall assess a student's performance using the criteria in subparts 2 to 6.
Subp. 2. Foundations.
The student will use foundational knowledge and skills while responding to, creating, and presenting artistic work.
Subp. 3. Create.
A. The student will generate and develop original artistic ideas.
B. The student will create original artistic work.
C. The student will revise and complete original artistic work.
Subp. 4. Perform (dance, music, and theater) and present (media arts and visual arts).
A. In dance, music, and theater:
B. In media arts and visual arts:
Subp. 5. Respond.
A. The student will analyze and construct interpretations of artistic work.
B. The student will evaluate artistic work by applying criteria.
Subp. 6. Connect.
A. The student will integrate knowledge and personal experiences while responding to, creating, and presenting artistic work.
B. The student will demonstrate an understanding that artistic works influence and are influenced by personal, societal, cultural, and historical contexts, including the contributions of Minnesota American Indian tribes and communities.
History
- Statutory Authority: MS s 120B.02; 120B.021
- History: 45 SR 449
Minn. R. 3501.0900 [Repealed, 46 SR 325]
[Repealed, 46 SR 325]
Minn. R. 3501.0905 [Repealed, 46 SR 325]
[Repealed, 46 SR 325]
Minn. R. 3501.0910 [Repealed, 46 SR 325]
[Repealed, 46 SR 325]
Minn. R. 3501.0915 [Repealed, 46 SR 325]
[Repealed, 46 SR 325]
Minn. R. 3501.0920 [Repealed, 46 SR 325]
[Repealed, 46 SR 325]
Minn. R. 3501.0925 [Repealed, 46 SR 325]
[Repealed, 46 SR 325]
Minn. R. 3501.0930 [Repealed, 46 SR 325]
[Repealed, 46 SR 325]
Minn. R. 3501.0935 [Repealed, 46 SR 325]
[Repealed, 46 SR 325]
Minn. R. 3501.0940 [Repealed, 46 SR 325]
[Repealed, 46 SR 325]
Minn. R. 3501.0945 [Repealed, 46 SR 325]
[Repealed, 46 SR 325]
Minn. R. 3501.0950 [Repealed, 46 SR 325]
[Repealed, 46 SR 325]
Minn. R. 3501.0955 [Repealed, 46 SR 325]
[Repealed, 46 SR 325]
Minn. R. 3501.0960 Academic Science Standards for Kindergarten Through Grade 12
Subpart 1. Exploring phenomena or engineering problems.
A. Asking questions and defining problems. Students will be able to ask questions about aspects of the phenomena they observe, the conclusions the students draw from their models or scientific investigations, each other's ideas, and the information they read.
B. Asking questions and defining problems. Students will be able to ask questions about a problem to be solved so constraints and specifications can be defined for possible solutions.
C. Planning and carrying out investigations. Students will be able to design and conduct investigations in the classroom, laboratory, and/or field to test students' ideas and questions, and organize and collect data to provide evidence to support claims the students make about phenomena.
Subp. 2. Looking at data and empirical evidence to understand phenomena or solve problems.
A. Analyzing and interpreting data. Students will be able to represent observations and data in order to recognize patterns in the data, the meaning of those patterns, and possible relationships between variables.
B. Using mathematics and computational thinking. Students will be able to use mathematics to represent physical variables and their relationships, compare mathematical expressions to the real world, and engage in computational thinking as the students use or develop algorithms to describe the natural or designed worlds.
Subp. 3. Developing possible explanations of phenomena or designing solutions to engineering problems.
A. Developing and using models. Students will be able to develop, revise, and use models to represent the students' understanding of phenomena or systems as they develop questions, predictions and/or explanations, and communicate ideas to others.
B. Constructing explanations and designing solutions. Students will be able to apply scientific principles and empirical evidence (primary or secondary) to explain the causes of phenomena or identify weaknesses in explanations developed by the students or others.
C. Constructing explanations and designing solutions. Students will be able to use their understanding of scientific principles and the engineering design process to design solutions that meet established criteria and constraints.
Subp. 4. Communicating reasons, arguments, and ideas to others.
A. Arguing from evidence. Students will be able to engage in argument from evidence for the explanations the students construct, defend, and revise their interpretations when presented with new evidence, critically evaluate the scientific arguments of others, and present counter arguments.
B. Arguing from evidence. Students will be able to argue from evidence to justify the best solution to a problem or to compare and evaluate competing designs, ideas, or methods.
C. Obtaining, evaluating, and communicating information. Students will be able to read and interpret multiple sources to obtain information, evaluate the merit and validity of claims and design solutions, and communicate information, ideas, and evidence in a variety of formats.
D. Obtaining, evaluating, and communicating information. Students will be able to gather information about and communicate the methods used by various cultures, especially those of Minnesota American Indian Tribes and communities, to develop explanations of phenomena and design solutions to problems.
History
- Statutory Authority: MS s 120B.02; 120B.021
- History: 46 SR 325
Minn. R. 3501.1000 [Repealed, L 2013 c 116 art 2 s 22]
[Repealed, L 2013 c 116 art 2 s 22]
Minn. R. 3501.1020 [Repealed, L 2013 c 116 art 2 s 22]
[Repealed, L 2013 c 116 art 2 s 22]
Minn. R. 3501.1030 [Repealed, L 2013 c 116 art 2 s 22]
[Repealed, L 2013 c 116 art 2 s 22]
Minn. R. 3501.1040 [Repealed, L 2013 c 116 art 2 s 22]
[Repealed, L 2013 c 116 art 2 s 22]
Minn. R. 3501.1050 [Repealed, L 2013 c 116 art 2 s 22]
[Repealed, L 2013 c 116 art 2 s 22]
Minn. R. 3501.1110 [Repealed, L 2013 c 116 art 2 s 22]
[Repealed, L 2013 c 116 art 2 s 22]
Minn. R. 3501.1120 [Repealed, L 2013 c 116 art 2 s 22]
[Repealed, L 2013 c 116 art 2 s 22]
Minn. R. 3501.1130 [Repealed, L 2013 c 116 art 2 s 22]
[Repealed, L 2013 c 116 art 2 s 22]
Minn. R. 3501.1140 [Repealed, L 2013 c 116 art 2 s 22]
[Repealed, L 2013 c 116 art 2 s 22]
Minn. R. 3501.1150 [Repealed, L 2013 c 116 art 2 s 22]
[Repealed, L 2013 c 116 art 2 s 22]
Minn. R. 3501.1160 [Repealed, L 2013 c 116 art 2 s 22]
[Repealed, L 2013 c 116 art 2 s 22]
Minn. R. 3501.1170 [Repealed, L 2013 c 116 art 2 s 22]
[Repealed, L 2013 c 116 art 2 s 22]
Minn. R. 3501.1180 [Repealed, L 2013 c 116 art 2 s 22]
[Repealed, L 2013 c 116 art 2 s 22]
Minn. R. 3501.1190 [Repealed, L 2013 c 116 art 2 s 22]
[Repealed, L 2013 c 116 art 2 s 22]
Minn. R. 3501.1200 Scope and Purpose
The purpose of these standards is to establish statewide standards for English language development that govern the instruction of students identified as English learners under Minnesota Statutes, sections 124D.58 to 124D.65. The state of Minnesota's standards for English language development are the current standards developed by the World-Class Instructional Design and Assessment (WIDA) consortium.
History
- Statutory Authority: L 2011 1Sp11 art 2 s 46
- History: 36 SR 739; L 2012 c 239 art 1 s 33
Minn. R. 3501.1210 English Language Development Standards
Subpart 1. Application.
English learners will meet the language development standards in subparts 2 through 6.
Subp. 2. Social and instructional language.
English learners communicate for social and instructional purposes within the school setting.
Subp. 3. The language of language arts.
English learners communicate information, ideas, and concepts necessary for academic success in the content area of language arts.
Subp. 4. The language of mathematics.
English learners communicate information, ideas, and concepts necessary for academic success in the content area of mathematics.
Subp. 5. The language of science.
English learners communicate information, ideas, and concepts necessary for academic success in the content area of science.
Subp. 6. The language of social studies.
English learners communicate information, ideas, and concepts necessary for academic success in the content area of social studies.
History
- Statutory Authority: L 2011 1Sp11 art 2 s 46
- History: 36 SR 739; L 2012 c 239 art 1 s 33
Minn. R. 3501.1300 [Repealed, 48 SR 839]
[Repealed, 48 SR 839]
Minn. R. 3501.1305 [Repealed, 48 SR 839]
[Repealed, 48 SR 839]
Minn. R. 3501.1310 [Repealed, 48 SR 839]
[Repealed, 48 SR 839]
Minn. R. 3501.1315 [Repealed, 48 SR 839]
[Repealed, 48 SR 839]
Minn. R. 3501.1320 [Repealed, 48 SR 839]
[Repealed, 48 SR 839]
Minn. R. 3501.1325 [Repealed, 48 SR 839]
[Repealed, 48 SR 839]
Minn. R. 3501.1330 [Repealed, 48 SR 839]
[Repealed, 48 SR 839]
Minn. R. 3501.1335 [Repealed, 48 SR 839]
[Repealed, 48 SR 839]
Minn. R. 3501.1340 [Repealed, 48 SR 839]
[Repealed, 48 SR 839]
Minn. R. 3501.1345 [Repealed, 48 SR 839]
[Repealed, 48 SR 839]
Minn. R. 3501.1350 Academic Standards for Social Studies
Subpart 1. Purpose.
The purpose of these standards is to establish statewide standards for social studies that govern instruction of students in kindergarten through grade 12. School districts shall assess a student's performance using criteria in subparts 2 through 6.
Subp. 2. Citizenship and government.
A. Civic Skills: The student will apply civic reasoning and demonstrate civic skills for the purpose of informed and engaged lifelong civic participation.
B. Democratic Values and Principles: The student will explain democratic values and principles that guide governments, societies, and communities and analyze the tensions within the United States constitutional government.
C. Rights and Responsibilities: The student will explain and evaluate rights, duties, and responsibilities in democratic society.
D. Governmental Institutions and Political Processes: The student will explain and evaluate processes, rules, and laws of the United States governmental institutions at local, state, and federal levels and within Tribal Nations.
E. Public Policy: The student will analyze how public policy is shaped by governmental and nongovernmental institutions, and how people and communities take action to solve problems and shape public policy.
F. Tribal Nations: The student will evaluate the unique political status, trust relationships, and governing structures of sovereign Tribal Nations and the United States.
Subp. 3. Economics.
A. Economic Inquiry: The student will use economic models and reasoning and data analysis to construct an argument and propose a solution related to an economic question. The student will evaluate the impact of the proposed solution on various communities that would be affected.
B. Fundamental Economics Concepts: The student will analyze how scarcity and artificial shortages force individuals, organizations, communities, and governments to make choices and incur opportunity costs. The student will analyze how the decisions of individuals, organizations, communities, and governments affect economic equity and efficiency.
C. Personal Finance: The student will apply economic concepts and models to develop individual and collective financial goals and strategies for achieving these goals, taking into consideration historical and contemporary conditions that either inhibit or advance the creation of individual and generational wealth.
D. Microeconomics: The student will explain and evaluate how resources are used and how goods and services are distributed within different economic systems. The student will analyze how incentives influence the decisions of consumers, producers, and governments. The student will evaluate the intended and unintended consequences of these decisions from multiple perspectives.
E. Macroeconomics: The student will measure and evaluate the well-being of nations and communities using a variety of indicators. The student will explain the causes of economic ups and downs. The student will evaluate how government actions affect a nation's economy and individuals' well-being within an economy.
F. Global and International Economics: The student will explain why people trade and why nations encourage or limit trade. The student will analyze the costs and benefits of international trade and globalization on communities and the environment.
Subp. 4. Geography.
A. Geospatial Skills and Inquiry: The student will apply geographic tools, including geospatial technologies, and geographic inquiry to solve spatial problems.
B. Places and Regions: The student will describe places and regions, explaining how they are influenced by power structures.
C. Human Systems: The student will analyze patterns of movement and interconnectedness within and between cultural, economic, and political systems from a local to global scale.
D. Human-Environment Interaction: The student will evaluate the relationship between humans and the environment, including climate change.
E. Culture: The student will investigate how a sense of place is impacted by different cultural perspectives.
Subp. 5. United States and world history.
A. Context, Change, and Continuity: The student will ask historical questions about context, change, and continuity in order to identify and analyze dominant and nondominant narratives about the past.
B. Historical Perspectives: The student will identify diverse points of view and describe how one's frame of reference influences historical perspective.
C. Historical Sources and Evidence: The student will investigate a variety of historical sources by:
D. Causation and Argumentation: The student will integrate evidence from multiple historical sources and interpretations into a reasoned argument or compelling narrative about the past.
E. Connecting Past and Present: The student will use historical methods and sources to identify and analyze the roots of a contemporary issue. The student will design a plan to address it.
Subp. 6. Ethnic studies.
A. Identity: The student will analyze the ways power and language construct the social identities of race, religion, geography, ethnicity, and gender. The student will apply understandings to one's own social identities and other groups living in Minnesota, centering those whose stories and histories have been marginalized, erased, or ignored.
B. Resistance: The student will describe how individuals and communities have fought for freedom and liberation against systemic and coordinated exercises of power locally and globally. The student will identify strategies or times that have resulted in lasting change. The student will organize with others to engage in activities that could further the rights and dignity of all.
C. Ways of Knowing and Methodologies: The student will use ethnic and Indigenous studies methods and sources in order to understand the roots of contemporary systems of oppression and apply lessons from the past that could eliminate historical and contemporary injustices.
History
- Statutory Authority: MS s 120B.021
- History: 48 SR 839
Minn. R. 3501.1400 Scope and Purpose
The purpose of these standards is to establish statewide standards for physical education that govern instruction of students in kindergarten through grade 12. The state of Minnesota's standards for physical education are the current standards developed by SHAPE America (Society of Health and Physical Educators).
History
- Statutory Authority: MS s 120B.02; 120B.021
- History: 42 SR 712
Minn. R. 3501.1410 Physical Education Standards
Subpart 1. Application.
Students will meet the physical education standards in subparts 2 to 6.
Subp. 2. Motor skills.
The student will demonstrate competency in a variety of motor skills and movement patterns.
Subp. 3. Movement and performance.
The student will apply knowledge of concepts, principles, strategies, and tactics to movement and performance.
Subp. 4. Physical activity and fitness.
The student will demonstrate the knowledge and skills to achieve and maintain a health-enhancing level of physical activity and fitness.
Subp. 5. Personal and social behavior.
The student will exhibit responsible personal and social behavior that respects self and others.
Subp. 6. Value of physical activity.
The student will recognize the value of physical activity for health, enjoyment, challenge, self-expression, and social interaction.
History
- Statutory Authority: MS s 120B.02; 120B.021
- History: 42 SR 712
Chapter 3505 SECONDARY VOCATIONAL EDUCATION
Minn. R. 3505.0200 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Minn. R. 3505.0300 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Minn. R. 3505.0400 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Minn. R. 3505.0500 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Minn. R. 3505.0600 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Minn. R. 3505.0700 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Minn. R. 3505.0800 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Minn. R. 3505.0900 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Minn. R. 3505.1000 Definitions
Subpart 1. Scope.
For the purpose of parts 3505.1000 to 3505.5900, the words, phrases, and terms defined in this part shall have the meanings respectively ascribed to them.
Subp. 2.
[Repealed, 12 SR 2746]
Subp. 2a. Appropriately licensed staff.
"Appropriately licensed staff" means:
A. teachers holding secondary teaching licenses and teachers utilizing waivers or variances granted by the Professional Educator Licensing and Standards Board for teaching in state-approved secondary career and technical education programs as specified on the Table of Career and Technical Education Programs and Licenses maintained by the division within the Department of Education responsible for secondary career and technical education;
B. technical tutors holding technical tutor licensure granted under rules of the State Board of Education;
C. paraprofessionals meeting requirements as highly qualified under the Elementary and Secondary Education Act or its successor; and
D. individuals holding licensure as Local Vocational Program Director or, where no individual within a district holds such licensure, the superintendent.
Subp. 3. Authorized local administrator.
"Authorized local administrator" means the licensed career and technical administrator who has major responsibility for career and technical education at the secondary level for a district or center and is assigned to provide management and leadership in secondary career and technical education. The superintendent may act as the authorized local administrator in the absence of a local career and technical administrator.
Subp. 4. Bona fide sale.
"Bona fide sale" means the competitive sale of unneeded property which results in the highest possible investment return.
Subp. 4a. Career and technical education.
"Career and technical education" means organized educational programs, services, and activities which are related to the preparation of individuals for paid or unpaid work or for additional preparation for a career requiring technical competencies or a postsecondary or higher education advanced degree.
Subp. 4b. Career and technical instructional program.
"Career and technical instructional program" means an educational activity or a series of instructional components designed to meet the program objectives for the period of instruction.
Subp. 4c. Career and technical program advisory committee.
"Career and technical program advisory committee" means a group of persons with competence or interests in an occupational field related to the program being served, selected for offering advice to teachers or administrators regarding career and technical education. At least 50 percent of the members shall be representatives of a directly related business, labor, or industry.
Subp. 4d. Career and technical revenue.
"Career and technical revenue" means categorical state and federal funding or local levy revenue for secondary career and technical education programs meeting criteria set forth in rules.
Subp. 4e. Career and technical student organization.
"Career and technical student organization" means organizations of career and technical education students which provide the opportunity for the development of leadership abilities, personal improvement of individual members, and aid in their transition from school to career.
Subp. 5. Career education.
"Career education" means the process of helping individuals acquire and use those attitudes, skills, and knowledge needed to develop and manage a reasoned, socially purposeful, and personally valued life pattern in relation to work of whatever kind.
Subp. 6. Center.
"Center" means a vocational or cooperative center.
Subp. 7. Classroom instruction.
"Classroom instruction" means an in-school instructional method involving discussion, simulation, problem solving, decision making, computers, and other forms of communication.
Subp. 8. Competencies.
"Competencies" means skills, knowledge, or attitudes necessary for functioning in a specific occupation.
Subp. 9. Component.
"Component" means a unit of instruction that contributes to the accomplishment of the program objectives.
Subp. 10. Cooperative center.
"Cooperative center" means two or more districts meeting all provisions of Minnesota statutes, which provide expanded educational options by sharing career and technical programs which have been approved by the commissioner of education.
Subp. 11. Employment related community-based education.
"Employment related community-based education" (coop experience) means instruction enabling students to prepare for their tentative career objectives or develop general employability skills through the coordination of career related, in-school instruction and supervised part time on the job training.
Subp. 12. Entrepreneurship.
"Entrepreneurship" means a school supervised business venture undertaken to teach the free enterprise system, including the functions of organizing and managing the factors of production or a distribution of goods or services.
Subp. 13. Entry level skills.
"Entry level skills" means those basic occupational competencies and work readiness skills including application of basic skills, work attitudes, and problem solving skills which enable a person to enter initial employment.
Subp. 14. Essential licensed personnel.
"Essential licensed personnel" means staff assigned to approved career and technical education programs who meet criteria for career and technical education licensure stated in career and technical rules of the Professional Educator Licensing and Standards Board and who have been issued the appropriate career and technical license.
Subp. 15. Exploratory work experience.
"Exploratory work experience" means a school supervised career and technical program designed to provide students with paid or unpaid work experience in a variety of occupations, to help the students identify job traits in relation to their abilities and characteristics and to assist them in making realistic and appropriate occupational choices.
Subp. 16. Extended employment.
"Extended employment" means paid time when staff is employed beyond the regular school calendar, which is necessary for job placement and coordination, development of training plans and training agreements, equipment maintenance, supply procurement, inventory and storage, curriculum development, staff development, or career and technical student organization activities.
Subp. 17. Extended time student.
"Extended time student" means a student who is in attendance more than six hours but less than nine hours per day.
Subp. 18.
[Repealed, 12 SR 2746]
Subp. 19. Instructional site.
"Instructional site" means a facility or location where students have an opportunity to achieve educational goals and individual program objectives.
Subp. 20. Internship.
"Internship" means a training program involving class instruction followed by a supervised, full-time or part-time position at an approved training station.
Subp. 21. Laboratory instruction.
"Laboratory instruction" means an in school instructional method involving the practice of skills with appropriate equipment and supplies used within the occupation.
Subp. 22. Local education agency.
"Local education agency" means a public educational agency, at the local level, which exists primarily to operate schools or to contract for educational services.
Subp. 23. Necessary equipment.
"Necessary equipment" means items of equipment that meet the criteria as defined in the Uniform Financial Accounting and Reporting Standards (UFARS), and are identified by the local school district as essential to support the teaching of occupational competencies in approved career and technical programs.
Subp. 24. Nonexpendable personal property.
"Nonexpendable personal property" means tangible personal property having a useful life of more than one year and an acquisition cost of $500 or more, per unit.
Subp. 25. Occupation.
"Occupation" means paid or unpaid work including, but not limited to, salaried jobs, self-employment, and homemaking.
Subp. 26. Occupational relations.
"Occupational relations" means learning experiences including work adjustment concepts, interpersonal skills involving relationships with other workers and supervisors, understandings and attitudes common to all work stations, and specific instruction as identified in a training plan.
Subp. 27.
[Repealed, 12 SR 2746]
Subp. 28. Postsecondary career and technical education.
"Postsecondary career and technical education" means career and technical education for persons who have completed or left high school and who are enrolled in organized programs of study.
Subp. 29. Pre-career and technical education.
"Pre-career and technical education" means programs, services, or activities designed to provide youth and adults with orientation, guidance, exploration, and instruction to assist them in making meaningful career decisions.
Subp. 29a. Programs of study.
"Programs of study" are sets of aligned academic and technical courses that begin no later than grade 11 and preferably by grade 9, and continue through at least two years of college and culminate in a certificate, diploma, or degree. The elements of a program of study are:
A. competency-based curricula tied to industry expectations and skills standards;
B. sequential course offerings that provide manageable "stepping stones" of skill building, including high school graduation and postsecondary education completion;
C. flexible course and program formats convenient for various learner segments;
D. course portability for seamless progression; and
E. connections among high school and postsecondary education, skill progression, and career opportunities that align academic credentials with job advancement in high skill, high wage, or high demand occupations.
Subp. 30. Secondary career and technical course.
"Secondary career and technical course" means one or more components of a secondary career and technical instructional program.
Subp. 31. Secondary career and technical education.
"Secondary career and technical education" means programs for grades 9 through 12 that meet the requirements of part 3505.2500, items A to C, and work experience/career exploration programs.
Subp. 31a. Secondary career and technical teacher full-time equivalent (FTE).
"Secondary career and technical teacher full-time equivalent (FTE)" means a licensed career and technical teacher who teaches the equivalent of six hours per day for 175 days per year within an approved career and technical education program.
Subp. 32. Simulation.
"Simulation" means an in school instructional method involving the application of skills with a realistic flow of work and in a realistic setting for the occupation.
Subp. 33. Student full-time equivalent (FTE).
"Student full-time equivalent (FTE)" means a student enrolled full-time in an approved educational program, six hours per day for 175 days per year or its equivalent.
Subp. 34. Student staff ratio.
"Student staff ratio" means the relationship between the number of FTE students and the number of FTE teachers in each approved career and technical program.
Subp. 35. Students with special needs.
"Students with special needs" means students with disabilities or students who are disadvantaged.
A. Students with disabilities are defined in Minnesota Statutes, section 125A.02, and are more likely to succeed in regular career and technical programs with additional supports as specified in the students' individual educational program (IEP).
B. Disadvantaged students are those who have academic or economic disadvantages and require special programs, modified programs or supportive services to assist them to succeed in a career and technical education program.
Subp. 36. Support service.
"Support service" means noninstructional activities, services, and functions carried out to aid and improve the quality of career and technical education programs.
Subp. 37.
[Repealed, 33 SR 1857]
Subp. 38. Third-party appraisal.
"Third-party appraisal" means establishing a price for nonexpendable personal property by an independent appraiser who is free from any conflicting interests.
Subp. 39. Training agreement.
"Training agreement" means an agreement signed by the employer, the student, the parent or guardian when student is below 18, and the instructor coordinator, which defines their respective responsibilities, and includes pertinent information regarding supervision of the student at the training station.
Subp. 40. Training plan.
"Training plan" means a written plan developed by the instructor coordinator, the employer and/or supervisor, and the student that indicates what is to be learned by that student and whether it is to be learned in the classroom or at the training station after a careful analysis of the student's career objective and the learning opportunities available at the training station.
Subp. 41. Training station.
"Training station" means that site at which a student acquires actual work experience.
Subp. 42.
[Repealed, 12 SR 2746]
Subp. 43.
[Repealed, 33 SR 1857]
Subp. 44.
[Repealed, 12 SR 2746]
Subp. 45.
[Repealed, 33 SR 1857]
Subp. 46.
[Repealed, 33 SR 1857]
Subp. 47.
[Repealed, 33 SR 1857]
Subp. 48.
[Repealed, 33 SR 1857]
History
- Statutory Authority: MS s 121.11; 124.573; 124.574; L 2007 c 146 art 7 s 3
- History: L 1987 c 258 s 12; 12 SR 2746; L 1998 c 397 art 11 s 3; L 1998 c 398 art 5 s 55; L 2003 c 130 s 12; L 2005 c 56 s 2; 33 SR 1857; L 2017 1Sp5 art 12 s 22
Minn. R. 3505.1100 Standards for Program Approval
Written application for the approval of career and technical programs by local education agencies shall be made to the commissioner of education. The commissioner's approval to establish career and technical programs shall be conditioned on meeting the following minimum standards:
A. all programs shall be assigned appropriately licensed instructional staff as specified in the state plan for career and technical education;
B. sufficient and suitable facilities including laboratories, shops, classrooms, equipment, supplies, and adequate storage for the course to be offered shall be provided;
C. class size conducive to efficient teaching and not exceeding the number which the space and equipment will safely accommodate;
D. programs shall comply with federal and/or state civil rights laws, labor laws, and wage and hour statutes where applicable; and
E. school districts and centers shall maintain accounting and reporting records according to a Uniform Financial Accounting and Reporting Standards (UFARS) and all such records shall be available to the Department of Education. A student shall not be denied access to career and technical education programs because of disability or disadvantaged status. A person with special needs shall be defined as disabled or disadvantaged to be eligible for enrollment in special needs career and technical programs. Special needs career and technical programs for students with disabilities (transition-disabled programs) shall be eligible for aid assistance. The authorized local administrator shall be responsible for coordinating career and technical education programs with youth programs conducted under the Workforce Investment Act. Programs shall also meet appropriate level (secondary, postsecondary, or adult) criteria designated in parts 3505.1000 to 3505.5900.
History
- Statutory Authority: MS s 121.11; 124.573; 124.574; L 2007 c 146 art 7 s 3
- History: L 1995 1Sp3 art 16 s 13; L 1998 c 397 art 11 s 3; L 2003 c 130 s 12; L 2005 c 56 s 2; 33 SR 1857
Minn. R. 3505.1150 Awarding Science, Mathematics, or Arts Credits Through Career and Technical Education
Subpart 1. Ability to grant credit.
A school district may grant a science, mathematics, or arts credit to a student who meets appropriate standards as part of a career and technical education program when:
A. the school board concludes that the standards will be delivered with integrity in the career and technical education program; and
B. the career and technical education teacher meets subject matter competence for the core academic subject as identified in Minnesota Statutes, section 122A.16.
Subp. 2. Minimum standards for granting credit.
If a district chooses to grant credit for science, mathematics, or art credit for participation in career and technical education, pursuant to Minnesota Statutes, section 120B.024, paragraph (c), it may do so provided that the program for which the credit is offered meets the following criteria:
A. the instructor is appropriately licensed under part 3505.1000 and is not operating under a waiver or variance from the Professional Educator Licensing and Standards Board;
B. the instructor has successfully passed the Subject Assessment and Specialty Area Test required for Minnesota licensure in the science, mathematics, or arts area for which credit is to be granted; and
C. the district has identified the academic standards that will be met through participation in the career and technical education program.
History
- Statutory Authority: L 2007 c 146 art 7 s 3
- History: 33 SR 1857; L 2017 1Sp5 art 12 s 22
Minn. R. 3505.1200 Opportunity to Appeal
Districts or centers whose career and technical programs or courses have been disapproved by the commissioner of education may appeal in writing to the commissioner of education for reconsideration. Upon completion of the review, the decision of the commissioner and the reasons for the decision will be made in writing and transmitted to the local education agency. The decision of the commissioner shall be the final state action.
History
- Statutory Authority: MS s 121.11; 124.573; 124.574; L 2007 c 146 art 7 s 3
- History: 12 SR 2746; L 1995 1Sp3 art 16 s 13; L 2003 c 130 s 12; 33 SR 1857
Minn. R. 3505.1300 Evaluation by Board of Trustees of the Minnesota State Colleges and Universities
The Board of Trustees of the Minnesota State Colleges and Universities will evaluate, in quantitative terms, the effectiveness of each formally organized program or project supported by federal, state, and local funds. The local education agency shall supply, upon request, the data necessary to make the evaluations. These evaluations shall be in terms of:
A. planning and operational processes, such as:
B. results of student achievement as measured, for example, by standard occupational proficiency measures, criterion referenced tests, and other examinations of student's skills, knowledge, attitudes, and readiness for entering employment successfully;
C. results of student employment success as measured, for example, by rates of employment and unemployment, wage rates, duration of employment, and employer satisfaction with performance of career and technical education students as compared with performance of persons who have not had career and technical education;
D. other results as measured by services to special populations, such as women, members of minority groups, persons with disabilities, and disadvantaged persons.
History
- Statutory Authority: MS s 121.11; 124.573; 124.574; L 2007 c 146 art 7 s 3
- History: L 1998 c 397 art 11 s 3; L 2005 c 56 s 2; 33 SR 1857
Minn. R. 3505.1400 Local Advisory Committee
Subpart 1. Establishment of local advisory committee.
Each eligible recipient local education agency or postsecondary educational institution which receives federal assistance shall establish a local advisory committee on career and technical education. The local advisory committee may be established for schools, the community, or the region in which the eligible recipient is located.
The local advisory committee shall be composed of representatives of the general public including representatives of directly related business, industry, and labor.
Representatives from several program committees, or representatives of several school committees within a local education agency, having the requisite representation in the above paragraph, may join together to form a general local advisory committee.
Subp. 2. Duties of local advisory committee.
The local advisory committee shall advise the eligible recipient on the current job needs and the relevance of programs (courses) being offered by the local education agency or postsecondary educational institution in meeting current job needs. The local advisory committee shall assist the eligible recipient in developing its application for funds.
History
- Statutory Authority: MS s 121.11; 124.573; 124.574; L 2007 c 146 art 7 s 3
- History: L 1998 c 397 art 11 s 3; 33 SR 1857
Minn. R. 3505.1500 Center Approval
Commissioner of education approval is necessary if a cooperative center is to be eligible for secondary categorical career and technical revenue or other aid available to approved cooperative centers. The superintendent representing a district school board or a center governing board may submit a request to the commissioner of education for approval by the commissioner when the following criteria have been met.
Career and technical programs shall be shared by one of the following methods: two or more Minnesota school districts operating a cooperative center having met provisions of applicable Minnesota Statutes, or intermediate school districts established by the legislature to serve two or more independent school districts.
A licensed secondary career and technical administrator or the superintendent for a district shall be responsible for the career and technical programs.
History
- Statutory Authority: MS s 121.11; 124.573; 124.574; L 2007 c 146 art 7 s 3
- History: 12 SR 2746; L 1995 1Sp3 art 16 s 13; L 1998 c 397 art 11 s 3; L 1998 c 398 art 5 s 55; L 2003 c 130 s 12; 33 SR 1857
Minn. R. 3505.1600 Local Applications for Career and Technical Education Revenue
To be eligible for revenue, the local education agency shall submit the following to the commissioner of education:
A. assurances of compliances, signed by the authorized local administrator;
B. local labor market information on employee demand which is supplemental to data available from the state;
C. an approved evaluation document which reports secondary and postsecondary program output;
D. information concerning enrollments; enrollments and costs of current programs in the fiscal year indicating the expansion of present programs and new program plans; enrollments and costs for services to special needs programs.
History
- Statutory Authority: MS s 121.11; 124.573; 124.574; L 2007 c 146 art 7 s 3
- History: L 1995 1Sp3 art 16 s 13; L 1998 c 397 art 11 s 3; L 2003 c 130 s 12; 33 SR 1857
Minn. R. 3505.1700 Allotment Availability of Federal Funds
A cooperative agreement between the commissioner of education and Minnesota State Colleges and Universities will annually provide for the distribution of federal funds between secondary and postsecondary career and technical programs.
Distribution to local education agencies must be determined by state and federal law.
History
- Statutory Authority: MS s 121.11; 124.573; 124.574; L 2007 c 146 art 7 s 3
- History: 12 SR 2746; L 1990 c 375 s 3; L 1998 c 397 art 11 s 3; L 1998 c 398 art 5 s 55; L 2003 c 130 s 12; 33 SR 1857
Minn. R. 3505.1800 Annual Reports
Local education agencies and teacher education institutions shall submit annual reports in accordance with these rules indicating expenditures and enrollments for which aid is requested. The commissioner of education may require other statistical and descriptive reports as required for federal reporting.
History
- Statutory Authority: MS s 121.11; 124.573; 124.574
- History: L 1995 1Sp3 art 16 s 13; L 1998 c 397 art 11 s 3; L 2003 c 130 s 12
Minn. R. 3505.1900 Submission of Written Plans; Use of Matching Funds
Written plans for the use of federal and state appropriated matching funds shall be submitted to the commissioner of education by eligible agencies or institutions conducting career and technical education programs. Claims for expenditures available for aid may be submitted to the commissioner of education requesting reimbursement upon funds already expended. Recommendations regarding payment shall be made by the commissioner of education.
History
- Statutory Authority: MS s 121.11; 124.573; 124.574; L 2007 c 146 art 7 s 3
- History: 12 SR 2746; L 1995 1Sp3 art 16 s 13; L 1998 c 397 art 11 s 3; L 1998 c 398 art 5 s 55; L 2003 c 130 s 12; 33 SR 1857
Minn. R. 3505.2000 Apportioning Funds
In apportioning funds among local education agencies, the commissioner of education shall assure that no local education agency which is making a reasonable tax effort shall be denied funds for establishing new career and technical programs solely because it is unable to pay the nonfederal share of the cost of the programs.
History
- Statutory Authority: MS s 121.11; 124.573; 124.574; L 2007 c 146 art 7 s 3
- History: 12 SR 2746; L 1998 c 397 art 11 s 3; L 1998 c 398 art 5 s 55; L 2003 c 130 s 12; 33 SR 1857
Minn. R. 3505.2100 Property Management Standards
A uniform property management system must be used by the districts and centers to:
A. maintain individual item control for continuing verification on nonexpendable personal property in which the commissioner of education has provided state or federal funds; and
B. maintain a source of information for future purchasing and capital budgeting for nonexpendable personal property, long term capital financing, and program cost computing.
History
- Statutory Authority: MS s 121.11; 124.573; 124.574
- History: 12 SR 2746; L 1998 c 397 art 11 s 3; L 1998 c 398 art 5 s 55; L 2003 c 130 s 12
Minn. R. 3505.2200 Standards and Procedures Governing Ownership
This part lists standards and procedures governing ownership, use, and disposition of nonexpendable personal property purchased in whole or in part with state or federal funds. Title must not be taken by the commissioner of education but must be vested in the local education agency subject to the following restrictions on use and disposition of the property:
A. Nonexpendable personal property with an acquisition cost of less than $500 and used four years or more: the local education agency may divert the property to any approved career and technical program, career and technical administration, or support service or sell the property and retain the proceeds for career and technical education programs.
B. All other nonexpendable personal property with an acquisition cost of $1,000 or less: the local education agency may use the property for its intended career and technical purpose. If approved career and technical use of the property is discontinued or the property is sold or diverted in some other manner, the commissioner of education is to be credited with its proportionate share of the current fair market value of the property. The current fair market value shall be determined by the sale price in the case of a bona fide sale or by a third party appraisal in the case of some other diversion. The commissioner of education's proportionate share of the property shall be computed by applying the percentage of state funding participation in the property to the current fair market value of the property.
C. Nonexpendable personal property with an acquisition cost of over $1,000: if the property is not needed for its intended career and technical purpose, the local education agency shall request disposition instructions from the commissioner of education. If instructions are not received within 120 days, the local education agency may dispose of the property at its discretion. A physical inventory of nonexpendable personal property shall be taken by the local education agency and the results reconciled with the local education agency property records at least once every two years to verify the existence, current use, and continued need for the property. Property records shall be retained for three years after final disposition of the property. The commissioner of education or an authorized representative shall have access to any pertinent property records for the purpose of making examinations. In addition, when personal property is purchased in whole or in part with federal funds furnished by the commissioner of education, the local education agency shall comply with the appropriate federal regulations regarding standards and procedures governing ownership, use, and disposition of personal property.
History
- Statutory Authority: MS s 121.11; 124.573; 124.574; L 2007 c 146 art 7 s 3
- History: 12 SR 2746; L 1995 1Sp3 art 16 s 13; L 1998 c 397 art 11 s 3; L 1998 c 398 art 5 s 55; L 2003 c 130 s 12; 33 SR 1857
Minn. R. 3505.2300 Student Eligibility for Programs
All students shall be eligible for enrollment in career and technical education programs regardless of race, color, creed, religion, sex, national origin, marital status, age, or status with regard to public assistance or disability providing that no federal or state statute or rule specifically provides for valid exclusions for such things as health conditions, age, or certain physical conditions.
History
- Statutory Authority: MS s 121.11; 124.573; 124.574; L 2007 c 146 art 7 s 3
- History: L 1998 c 397 art 11 s 3; 33 SR 1857
Minn. R. 3505.2400 Scope
To be eligible for career and technical revenue, local education agencies shall meet the requirements in parts 3505.2400 to 3505.5900.
Approval requests shall be submitted annually by the local education agency to the commissioner of education. Only approved programs shall be eligible for career and technical revenue. Local education agencies submitting new program approval or alteration requests shall be notified in writing regarding approval, disapproval, recommended alteration, or delay of action within 20 working days after receipt of the request. When the program is disapproved or recommended for alteration, the notification shall include reasons for denial or changes. When applicable, the notice shall outline corrective actions for the program to qualify for approval upon resubmission. Approved programs and administrative services shall be supervised by the authorized local administrator. The local education agency shall resubmit each approved program for evaluation by the commissioner of education at least once every five years.
History
- Statutory Authority: MS s 121.11; 124.573; 124.574; L 2007 c 146 art 7 s 3
- History: 12 SR 2746; L 1995 1Sp3 art 16 s 13; L 1998 c 397 art 11 s 3; L 1998 c 398 art 5 s 55; L 2003 c 130 s 12; 33 SR 1857
Minn. R. 3505.2500 Instructional Program Approval
The commissioner of education shall approve programs on the following basis. Approval shall be on the basis of a complete program as defined in part 3505.2550. The local education agency shall provide evidence that its curriculum is designed to meet career and technical objectives which shall include:
A. in-depth exploration of occupations to assist in the career planning process;
B. development of occupational competencies designed to be recognized for advanced placement in postsecondary programs; and
C. development of occupational competencies necessary to enter an occupation. Each program shall have a career and technical program advisory committee to advise the teacher, the local authorized administrator, and the local board; the advisory committee shall meet at least two times a year.
History
- Statutory Authority: MS s 121.11; 124.573; 124.574; L 2007 c 146 art 7 s 3
- History: 12 SR 2746; L 1995 1Sp3 art 16 s 13; L 1998 c 397 art 11 s 3; L 2003 c 130 s 12; 33 SR 1857
Minn. R. 3505.2550 Minimum Standards for Instructional Program Approval
Subpart 1. Required standards.
A secondary career and technical education program shall provide evidence that the standards in subparts 2 to 8 are met.
Subp. 2. Community involvement.
Each program shall have an advisory committee that discusses current industry practices, program issues and needs, and curriculum. The committee shall meet formally with a planned agenda at least twice per year. Agendas and minutes shall be kept on file. Ongoing communication shall occur between career and technical education program staff and advisory committee members.
Subp. 3. Personnel.
Each career and technical education program shall utilize appropriately licensed staff who shall follow requirements for renewal of credentials governed by the Minnesota Professional Educator Licensing and Standards Board or Minnesota Board of School Administrators as appropriate. Teachers, administrators, and support staff are aware of professional, industry, occupational, or other organizations that can assist them in their work. Individuals working in instructional support positions shall either hold licensure as a technical tutor or shall meet highly qualified paraprofessional requirements under the Elementary and Secondary Education Act.
Subp. 4. Program administration.
Administrators responsible for career and technical education programs shall have knowledge of school law, school finance, and the appropriate use of funds; shall ensure equal access and full participation of students who are members of special populations as defined in the Carl D. Perkins Career and Technical Education Act; shall submit reports to the department as required; shall maintain internal records as necessary for the proper implementation of the programs; and shall oversee the recruitment, retention, and replacement of staff. Administrators shall work within their school districts to utilize the uniform financial accounting and reporting system (UFARS) and to follow federal Education Department General Administrative Regulations (EDGAR).
Subp. 5. Program assessment.
The district shall evaluate program performance using accountability indicators specified in the Carl D. Perkins Career and Technical Education Act and shall include the program in its curriculum review cycle. The district shall identify and utilize a process for continuous program improvement.
Subp. 6. Program design.
The program shall provide opportunities for career awareness, career exploration, and career preparation. The program reflects an understanding of programs of study, and provides guidance that reflects current labor market information. The curriculum addresses career development, technological literacy, and workplace skills, is aligned to local standards for career and technical education programs, and supports a broad understanding of the industry. Safety instruction is based on federal, state, and local health and safety laws, regulations, and policies. Curriculum is developmentally appropriate, gender and culturally neutral, and is reviewed at least once each five years. Students have access to work-based learning opportunities and, where utilized, such activities are guided by training agreements and training plans. Instruction provides a balance of classroom and laboratory activities and utilizes technology. Authentic assessment is used to measure knowledge and skill proficiency. Students have access to leadership development opportunities through student organizations or other means.
Subp. 7. Resources.
Instructional materials and supplies are appropriate to allow students to meet program objectives. Equipment is adequate to address program goals and objectives, and is properly installed, shielded, guarded, and ventilated. Adequate material storage and waste disposal is provided. Both school-based and community-based instructional settings are suitable for effective learning and are barrier free. Class size and facilities are appropriate for safe student learning. First aid equipment is available and signage reflects an emphasis on safety.
Subp. 8. Support services.
The district has policies to ensure that the learning environment is barrier free and accessible to members of special populations. Basic accommodations are made where necessary to address the needs of members of special population groups. Instructional staff are involved in decisions pertaining to individual educational programs and guidance pertaining to secondary to postsecondary transitions.
History
- Statutory Authority: L 2007 c 146 art 7 s 3
- History: 33 SR 1857; L 2017 1Sp5 art 12 s 22
Minn. R. 3505.2600 Program Components
All program components and learner outcomes for specific program areas as specified in part 3505.2550 must be addressed to qualify for approval; however, emphasis shall be at the discretion of the local education agency with guidance from the program advisory committee.
History
- Statutory Authority: MS s 121.11; 124.573; 124.574; L 2007 c 146 art 7 s 3
- History: 12 SR 2746; L 1998 c 397 art 11 s 3; 33 SR 1857
Minn. R. 3505.2700 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3505.2800 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3505.2900 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3505.3000 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3505.3100 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3505.3200 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3505.3300 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3505.3400 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3505.3500 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3505.3600 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3505.3700 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3505.3800 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3505.3900 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3505.4000 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3505.4100 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3505.4200 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3505.4300 Community-Based Education
When a career and technical program includes a segment in which students are placed on a paid or unpaid experience outside the career and technical class or laboratory for more than 40 hours during the program, the local education agency shall meet the requirements for the employment related community-based education option of a program as stated in part 3505.2550.
History
- Statutory Authority: MS s 121.11; 124.573; 124.574; L 2007 c 146 art 7 s 3
- History: 12 SR 2746; L 1998 c 397 art 11 s 3; 33 SR 1857
Minn. R. 3505.4400 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3505.4500 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3505.4600 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3505.4700 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3505.4800 Administrative Services
Career and technical administrative services shall be designed to assist students to meet career and technical objectives. When a local education agency provides career and technical administrative services, students in career and technical programs shall be provided administrative services which are available to all students in the district(s) in addition to the career and technical administrative services.
History
- Statutory Authority: MS s 121.11; 124.573; 124.574; L 2007 c 146 art 7 s 3
- History: L 1995 1Sp3 art 16 s 13; L 1998 c 397 art 11 s 3; L 1998 c 398 art 5 s 55; L 2003 c 130 s 12; 33 SR 1857
Minn. R. 3505.4900 Support Services
Special needs supportive services shall assist students with special needs enrolled in career and technical instructional programs.
History
- Statutory Authority: MS s 121.11; 124.573; 124.574; L 2007 c 146 art 7 s 3
- History: 12 SR 2746; L 1998 c 397 art 11 s 3; 33 SR 1857
Minn. R. 3505.5000 [Repealed, 33 SR 1857]
[Repealed, 33 SR 1857]
Minn. R. 3505.5100 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3505.5200 Career and Technical Revenue
Career and technical revenue for secondary career and technical education programs consists of the following:
A. Federal career and technical education aid provided to school districts and consortia of school districts under the Carl D. Perkins Career and Technical Education Act and distributed according to the Minnesota state plan for career and technical education.
B. Local revenue generated by a district's career and technical education levy under Minnesota Statutes, section 124D.4531.
C. Transition-disabled aid provided under Minnesota Statutes, section 124D.454. The state shall annually calculate a district's career and technical education levy authority from item B based on an estimated budget submitted from approved career and technical education programs operated in accordance with parts 3505.4300 to 3505.4900. Levy authority for salary, contracted instructional services, travel, curriculum development activities, and specialized instructional supplies and equipment shall be based on the estimated budget and prior year district enrollment. A levy correction shall be calculated based on actual expenditures and actual district enrollment. When state and federal career and technical revenue is not adequate to pay the state share identified in career and technical education aid and levy laws, statewide proration of funds shall take place for all eligible estimated budget categories.
History
- Statutory Authority: MS s 121.11; 124.573; 124.574; L 2007 c 146 art 7 s 3
- History: 12 SR 2746; L 1998 c 397 art 11 s 3; L 2005 c 56 s 2; 33 SR 1857
Minn. R. 3505.5300 Revenue for Salaries
Subpart 1. Eligibility of local education agency.
A local education agency is eligible for revenue according to Minnesota Statutes, section 124D.4531.
Subp. 2. Eligibility for revenue for extended employment.
A district or center is eligible for career and technical revenue for extended employment at a maximum rate of:
A. FTE teacher, six days;
B. FTE teacher coordinator, 20 days. Revenue must be prorated for a less than full-time equivalent teacher.
Subp. 3. Eligibility for revenue for preparation time.
To be eligible for preparation time revenue, each teacher for whom a district claims the revenue must teach at least one career and technical period.
Revenue shall be available for up to a maximum of one hour of preparation time for a full-time equivalent teacher. Revenue must be prorated for a less than full-time equivalent teacher.
Subp. 4. Eligibility for substitute staff.
A district or center shall be eligible for career and technical revenue for substitute staff holding career and technical licensure appropriate for responsibility when revenue is not being requested for salary for regular staff for the same time as the substitute.
History
- Statutory Authority: MS s 121.11; 124.573; 124.574; L 2007 c 146 art 7 s 3
- History: 12 SR 2746; L 1998 c 397 art 11 s 3; 33 SR 1857
Minn. R. 3505.5400 Eligible Cost Categories
Subpart 1. UFARS object or program dimensions.
A district or cooperative center is eligible for revenue for the following costs. The object or program dimensions in the current edition of the Manual for the Uniform Financial Accounting and Reporting Standards (UFARS) for Minnesota Schools, State of Minnesota, Minnesota Department of Education must be used to define each category.
Subp. 2. Contracted services.
Contracted services provided by a public or private agency other than a Minnesota public school district or cooperative center for instructional education services. Revenue is available for:
A. A resource specialist or a guest speaker employed by an entity described in this subpart who teaches part of a program under the supervision of a licensed secondary career and technical teacher. Contracted services for programs for persons with disabilities must be preapproved by the state program specialist. UFARS object dimensions 303 to 305 must be complied with.
B. A public or private agency other than a Minnesota school district or cooperative center that provides career and technical instructional education services. In order to be eligible for revenue:
Subp. 3. Necessary travel.
Necessary travel by career and technical staff in approved career and technical programs defined in parts 3505.2600 to 3505.4900 is eligible for revenue as follows:
A. necessary travel between career and technical instructional sites as defined in UFARS object dimension 365 or 366;
B. necessary travel by licensed secondary career and technical education personnel for career and technical student organization activities held within the state for instructional purposes related to the career and technical program and as defined in UFARS object dimension 365; and
C. necessary travel by licensed secondary career and technical education personnel for noncollegiate credit bearing professional development related to the career and technical program area as defined in UFARS object dimension 366.
Subp. 4. Curriculum development.
Curriculum development that is part of a five-year plan for improvement based on program assessment as defined in UFARS program dimension 610.
A. The five-year plan must be submitted to the state program specialist for the career and technical program for approval. Yearly amendments are required if the plan or timelines deviate from the approved five-year plan.
B. The plan must identify the assessment process. The assessment must be a formal process involving teachers, administrators, business and industry, and the community. Program Evaluation and Reporting (PER), North Central Evaluation, Career and Technical Education Evaluation, or other evaluation process may be used.
C. The plan must be comprehensive and must consider the following:
D. The plan must include work to be accomplished, title of person involved, and estimated timelines.
E. The five-year plan must be approved by the local program advisory committee.
Subp. 5. Specialized career and technical instructional supplies.
Revenue is available for specialized career and technical instructional supplies that are unique and essential to the instructional programs as defined in UFARS object dimension 433.
History
- Statutory Authority: MS s 121.11; 124.573; 124.574; L 2007 c 146 art 7 s 3
- History: 12 SR 2746; L 1995 1Sp3 art 16 s 13; L 1998 c 397 art 11 s 3; L 2003 c 130 s 12; L 2005 c 56 s 2; 33 SR 1857
Minn. R. 3505.5500 Aid for Equipment in Career and Technical Education Programs for Students with Disabilities (transition-Disabled Programs)
A local education agency shall be eligible for aid at a rate up to the percentage rate set by the legislature for expenditures to lease or purchase equipment to develop occupational competencies in an approved instructional program. Equipment requests shall be preapproved by the commissioner of education to be eligible for aid.
History
- Statutory Authority: MS s 121.11; 124.573; 124.574; L 2007 c 146 art 7 s 3
- History: 12 SR 2746; L 1995 1Sp3 art 16 s 13; L 1998 c 397 art 11 s 3; L 2003 c 130 s 12; L 2005 c 56 s 2; 33 SR 1857
Minn. R. 3505.5600 Aid Limitations
Expenditures jointly funded by career and technical and special education or other sources (not including general education revenue and local levy) shall be eligible for revenue at a rate not to exceed the maximum of either revenue. When a district or center sells products or services produced in an approved program, the revenue from sales shall be recognized. This revenue may be used for expenditures which are directly related to an approved secondary career and technical program. If the revenue from sale of products or services exceeds the cost to produce those products or services in any fiscal year, the excess revenue shall be used in another career and technical program.
History
- Statutory Authority: MS s 121.11; 124.573; 124.574; L 2007 c 146 art 7 s 3
- History: 12 SR 2746; L 1998 c 397 art 11 s 3; 33 SR 1857
Minn. R. 3505.5700 Career and Technical Levy Application Procedure
Subpart 1. Submission of annual program budget.
The authorized local administrator shall be responsible for submitting the annual program budget, program budget amendments, program final expenditure report, and annual report.
Subp. 2. Eligibility for career and technical levy.
To be eligible for career and technical levy, the annual program budget shall be submitted by May 15 prior to the fiscal year for which levy authority is requested. Districts or centers shall be notified of program budget approval or disapproval by June 15. To be eligible for career and technical levy, annual program budgets must be approved by the commissioner of education. When personnel are assigned instructional responsibilities outside the approved career and technical program or general supervisory responsibilities, the salary request shall be prorated on the program budget.
Districts or centers whose career and technical budgets have been disapproved by the commissioner of education may appeal in writing to the commissioner of education for review. The results of the review shall be transmitted to the local board of education in writing.
Subp. 3.
[Repealed, 33 SR 1857]
History
- Statutory Authority: MS s 121.11; 124.573; 124.574; L 2007 c 146 art 7 s 3
- History: 12 SR 2746; L 1995 1Sp3 art 16 s 13; L 1998 c 397 art 11 s 3; L 2003 c 130 s 12; 33 SR 1857
Minn. R. 3505.5800 Annual Report
Districts and centers shall maintain records of revenue and disbursements for programs, administrative and support services for which career and technical revenue is requested in accordance with the Uniform Financial Accounting and Reporting Standards (UFARS). Final report data shall be submitted to the commissioner of education by October 30 of each year.
History
- Statutory Authority: MS s 121.11; 124.573; 124.574; L 2007 c 146 art 7 s 3
- History: L 1995 1Sp3 art 16 s 13; L 1998 c 397 art 11 s 3; L 2003 c 130 s 12; 33 SR 1857
Minn. R. 3505.5900 Student Eligibility
A student who is eligible to attend a Minnesota senior secondary public school is eligible to enroll in the career and technical programs of the school. A student enrolled in a work experience/career exploration (WE/CEP) program is excepted from this student eligibility requirement. Students from other states or provinces may be served. When nonresidents of Minnesota are provided approved instructional programs, administrative and support services in Minnesota districts or centers, revenue requests shall be prorated to reflect only the percentage of Minnesota students being served.
History
- Statutory Authority: MS s 121.11; 124.573; 124.574; L 2007 c 146 art 7 s 3
- History: L 1998 c 397 art 11 s 3; 33 SR 1857
Minn. R. 3505.6000 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Minn. R. 3505.6100 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Minn. R. 3505.6200 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Minn. R. 3505.6300 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Minn. R. 3505.6400 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Minn. R. 3505.6410 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Minn. R. 3505.6500 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Minn. R. 3505.6600 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Minn. R. 3505.6700 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Minn. R. 3505.6800 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Minn. R. 3505.6900 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Minn. R. 3505.7000 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Minn. R. 3505.7100 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Minn. R. 3505.7200 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Minn. R. 3505.7300 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Minn. R. 3505.7400 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Minn. R. 3505.7500 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Minn. R. 3505.7600 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Minn. R. 3505.7700 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Minn. R. 3505.7800 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Minn. R. 3505.7900 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Minn. R. 3505.8000 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Minn. R. 3505.8100 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Minn. R. 3505.8200 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Minn. R. 3505.8300 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Minn. R. 3505.8400 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Minn. R. 3505.8410 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Minn. R. 3505.8500 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Minn. R. 3505.8600 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Minn. R. 3505.8700 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Minn. R. 3505.8800 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Minn. R. 3505.8900 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Minn. R. 3505.9000 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Minn. R. 3505.9100 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Minn. R. 3505.9200 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Minn. R. 3505.9300 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Minn. R. 3505.9400 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Minn. R. 3505.9500 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Minn. R. 3505.9600 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Minn. R. 3505.9700 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Minn. R. 3505.9800 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Minn. R. 3505.9900 [Repealed, 12 SR 2746]
[Repealed, 12 SR 2746]
Chapter 3512 LICENSURE OF SCHOOL PERSONNEL
Minn. R. 3512.0100 Definitions
Subpart 1. Scope.
As used in this chapter, the terms defined in this part have the meanings given them.
Subp. 2. Administrative licensure areas.
"Administrative licensure areas" means the licensure areas of directors, superintendents of schools, and school principals.
Subp. 2a. Board.
"Board" means the Minnesota Board of School Administrators.
Subp. 3. Commissioner.
"Commissioner" means the commissioner of education.
Subp. 4. Department.
"Department" means the Department of Education.
Subp. 5. Director.
"Director" means the director and the assistant director of special education, or the director and assistant director of community education who perform 50 percent or more of their duties in the areas of administration, personnel, supervision, evaluation, and curriculum.
Subp. 5a. Executive director.
"Executive director" means the executive director of the Board of School Administrators.
Subp. 6. Principal.
"Principal" means elementary, secondary, and kindergarten through grade 12 school principals and assistant principals who perform 50 percent or more of their duties in the areas of administration, personnel, supervision, evaluation, and curriculum.
Subp. 6a. Regionally accredited institution.
"Regionally accredited institution" means a college or university accredited by the Higher Learning Commission, Middle States Commission on Higher Education, New England Association of Schools and Colleges, Northwest Commission on Colleges and Universities, Southern Association of Colleges and Schools, or Western Association of Schools and Colleges.
Subp. 7. Superintendent.
"Superintendent" means superintendents and assistant superintendents who perform 50 percent or more of their duties in the areas of administration, personnel, supervision, evaluation, and curriculum.
History
- Statutory Authority: MS s 122A.14; 125.05; L 1993 c 224 art 12 s 34; L 1996 c 412 art 9 s 14; L 2006 c 263 art 2 s 20
- History: 21 SR 804; L 1998 c 397 art 11 s 3; L 2003 c 130 s 12; 33 SR 658; 44 SR 1385
Minn. R. 3512.0200 Education and Experience Requirements for Superintendent, Principal, and Director of Special Education
Subpart 1. Scope.
A person working as a superintendent, assistant superintendent, principal, assistant principal, special education director, or assistant special education director must hold the appropriate license as a superintendent, principal, or special education director.
Subp. 2. Teaching experience.
A. An applicant for licensure as a superintendent or principal must have three years of combined experience as any of the following:
B. An applicant for licensure as a director of special education must have three years of combined special education experience as any of the following:
C. For purposes of this subpart, teaching may be in an in-person classroom, hybrid classroom, or online classroom.
Subp. 3. Kindergarten through grade 12 superintendents, principals, and directors of special education.
A. An applicant for licensure as a superintendent, principal, or director of special education must complete, at a regionally accredited institution, a specialist or doctoral program consisting of a minimum of 60 semester credits or a program consisting of 60 semester credits beyond a bachelor's degree that includes a master's degree and a demonstration of competence in the core areas identified in part 3512.0510. Completion of an administrative licensure program approved by the board under part 3512.2500 shall be evidence that an applicant has demonstrated competence in the core areas identified in part 3512.0510. Applicants who complete preparatory programs that have not received board approval under part 3512.2500 must meet the requirements of part 3512.2600.
B. An applicant for licensure as a superintendent or principal must complete within 12 continuous months at least 320 hours of field experience in elementary, middle or junior high, and high schools as an administrative intern to a licensed and practicing school principal for principal licensure or a licensed and practicing superintendent for superintendent licensure. The applicant must complete at least 40 hours of field experience at each school level not represented by the applicant's primary teaching experience.
C. An applicant for licensure as a director of special education must complete a practicum or field experience within 12 continuous months, which must include a minimum of 320 hours in an administrative position under the immediate supervision of a licensed and practicing director of special education. The field experience must include at least 40 hours at a special education administrative unit not represented by the applicant's primary special education experience.
Subp. 4. Licensed elementary and secondary school principals.
To qualify for a kindergarten through grade 12 principal license, a person licensed as an elementary school principal must complete a field experience of at least 120 hours in secondary administration, and a person licensed as a secondary school principal must complete a field experience of at least 120 hours in elementary administration. In addition to the field experience required in this subpart, an elementary or secondary school principal must meet the requirements in part 3512.0400, subpart 3.
Subp. 5.
[Repealed, 44 SR 1385]
Subp. 6. Corrections.
A license issued in error is not valid. To correct a license issued in error, the board must expunge the license issued in error to the unqualified applicant or correct at no charge the incorrect license issued to the qualified applicant. A person denied an administrative license may appeal the denial under part 3512.1600.
History
- Statutory Authority: MS s 122A.14; 125.05; L 1993 c 224 art 12 s 34; L 1996 c 412 art 9 s 14; L 2006 c 263 art 2 s 20
- History: 21 SR 804; L 1998 c 397 art 11 s 3; 33 SR 658; L 2017 1Sp5 art 12 s 22; 44 SR 1385
Minn. R. 3512.0300 School Superintendents, Principals, and Directors of Special Education
Subpart 1. License required.
A person who serves as or performs the duties of a superintendent, principal, or director of special education must hold a license appropriate to that position. A person must hold the appropriate administrative license if 50 percent or more of the person's duties involve assisting the superintendent, principal, or director of special education with administration of personnel, employee supervision, employee evaluation, and curriculum implementation or, notwithstanding Minnesota Statutes, section 122A.40, subdivision 8, any of the person's duties include the duties listed in Minnesota Statutes, section 179A.03, subdivision 17.
The board may issue an initial license for each administrative licensure area for which the applicant seeks licensure provided the applicant meets requirements for licensure as a superintendent of schools, as a school principal, or as a director of special education.
Subp. 2. Institutional requirement.
An institution applying to the board for approval of a preparation program leading to licensure as superintendent, principal, or director of special education must comply with part 3512.2500. An institution with a board-approved program must describe how the institution evaluates the experience and preparation of licensure applicants in the areas listed in subpart 3 or 4. Representatives from college departments involved with the licensure program and licensed practicing superintendents, principals, and directors of special education must participate in the evaluation. This evaluation must result in a plan for the applicant to complete the knowledge, skills, and dispositions listed in part 3512.0510.
The competency and situational observation components of an approved program must require a licensure candidate to demonstrate mastery of knowledge, skills, and dispositions in the competencies under part 3512.0510 as part of the exit evaluation.
Subp. 3. Continuing licensure.
The board must issue or renew a continuing license according to part 3512.2300 governing continuing licenses.
Subp. 4. Persons holding life or permanent licenses.
A. A person holding a Minnesota life or permanent license as a superintendent or principal need not hold an initial license or a continuing license in that administrative licensure area.
B. A person holding a Minnesota life license as a superintendent may serve as a secondary school principal or assistant principal or as an elementary school principal or assistant principal.
Subp. 5.
[Repealed, 44 SR 1385]
Subp. 6.
[Repealed, 33 SR 658]
History
- Statutory Authority: MS s 122A.14; 125.05; L 1993 c 224 art 12 s 34; L 1996 c 412 art 9 s 14; L 2006 c 263 art 2 s 20
- History: 21 SR 804; L 1998 c 397 art 11 s 3; 33 SR 658; 44 SR 1385
Minn. R. 3512.0400 Program Requirements
Subpart 1. Field experience.
A board-approved school licensure program for superintendents, principals, and directors of special education must include a 320-hour field experience. A person participating in field experiences must not replace superintendents, principals, or directors of special education employed at the participating school or district. Field experience must be under the direction of a board-approved program and outcomes must focus on the knowledge, skills, and dispositions in the competencies under part 3512.0510.
Subp. 2.
[Repealed, 33 SR 658]
Subp. 3. Situational observation component.
A board-approved licensure program for superintendents, principals, or directors of special education must require a person to demonstrate mastery of the program knowledge, skills, and dispositions in part 3512.0510. The exit evaluation should focus on knowledge, skills, and dispositions in the competencies under part 3512.0510 and may include objective examinations, portfolio reviews, and observations.
History
- Statutory Authority: MS s 122A.14; 125.05; L 1993 c 224 art 12 s 34; L 1996 c 412 art 9 s 14; L 2006 c 263 art 2 s 20
- History: 21 SR 804; L 1998 c 397 art 11 s 3; 33 SR 658; 44 SR 1385
Minn. R. 3512.0500 [Repealed, 33 SR 658]
[Repealed, 33 SR 658]
Minn. R. 3512.0505 Directors of Community Education
Subpart 1. Scope.
A person who serves as a district director or assistant director of community education must hold a license as a director of community education.
Subp. 2. License requirement.
An applicant recommended for licensure as a director of community education must:
A. hold a baccalaureate degree from a regionally accredited institution; and
B. satisfactorily complete a board-approved preparation program leading to licensure of directors of community education or obtain approval for licensure under part 3512.2600.
Subp. 3. Program requirement.
A licensure program for directors of community education must consist of a minimum of 20 semester hours, or the equivalent, and must provide a licensure candidate with the knowledge, skills, and dispositions in the subjects listed in part 3512.0510, subparts 1 and 5.
The candidate must complete a field experience, including at least 320 clock hours in an administrative position supervised by a licensed practicing director of community education. During the field experience, the candidate must apply the knowledge and skills under part 3512.0510, subparts 1 and 5. A person prepared in another state as director of community education may substitute one year of experience as a districtwide director of community education in another state for the field experience.
Subp. 4. Institutional requirement.
An institution applying to the board for approval of a licensure program for directors of community education must comply with part 3512.2500. An institution with a board-approved program must describe how the institution evaluates the experience and preparation of licensure applicants in the areas listed in subpart 3. Representatives from college departments involved with the licensure program and licensed practicing directors of community education must participate in the evaluation. The evaluation must result in a plan for the applicant to complete the knowledge, skills, and dispositions listed in subpart 3 and may reduce the required college credits an applicant needs to be recommended for licensure.
Subp. 5. Situational observation component.
A board-approved licensure program for directors of community education must require a person to demonstrate mastery of the program knowledge, skills, and dispositions in part 3512.0510 as part of the exit evaluation. The exit evaluation must focus on knowledge, skills, and dispositions in the competencies for school administrators under part 3512.0510 and may include objective examinations, portfolio reviews, and observations.
Subp. 6. Issuance and renewal of licenses.
The board must issue a license according to part 3512.2000. The board must renew a continuing license according to part 3512.2300.
Subp. 7.
[Repealed, 44 SR 1385]
Subp. 8. Continuing license.
The board must issue a continuing license to a person who was issued an initial license between July 1, 1984, and July 1, 1990, based upon one year of experience and who continues to hold an initial license if the person completes one year of experience as either a part-time or full-time director of community education as verified by the employing superintendent of schools. The person must renew subsequent continuing licenses according to part 3512.2300.
Subp. 9.
[Repealed, 44 SR 1385]
History
- Statutory Authority: MS s 122A.14; 125.05; L 1993 c 224 art 12 s 34; L 1996 c 412 art 9 s 14; L 2006 c 263 art 2 s 20
- History: 21 SR 804; L 1998 c 397 art 11 s 3; 33 SR 658; 44 SR 1385
Minn. R. 3512.0510 Program Requirements for All Administrative Licenses
Subpart 1. Core leadership competencies for Minnesota administrative licenses.
A person who serves as a superintendent, principal, director of special education, or director of community education must demonstrate competence in the core areas under this subpart.
A. To demonstrate competence in leadership, a superintendent, principal, director of special education, or director of community education must:
B. To demonstrate competence in organizational management, a superintendent, principal, director of special education, or director of community education must:
C. To demonstrate competence in equity and culturally responsive leadership, a superintendent, principal, director of special education, or director of community education must demonstrate knowledge and skills to:
D. To demonstrate competence in policy and law, a superintendent, principal, director of special education, or director of community education must:
E. To demonstrate competence in political influence and governance, a superintendent, principal, director of special education, or director of community education must:
F. To demonstrate competence in communication, a superintendent, principal, director of special education, or director of community education must:
G. To demonstrate competence in community relations, a superintendent, principal, director of special education, or director of community education must:
H. To demonstrate competence in curriculum, instruction, and assessment for the success of all learners, a superintendent, principal, director of special education, or director of community education must:
I. To demonstrate competence in human resource management, a superintendent, principal, director of special education, or director of community education must:
J. To demonstrate competence in values and ethics of leadership, a superintendent, principal, director of special education, or director of community education must:
K. To demonstrate competence in judgment and problem analysis, a superintendent, principal, director of special education, or director of community education must:
L. To demonstrate competence in safety and security, a superintendent, principal, director of special education, or director of community education must:
Subp. 2. Superintendent competencies.
A person who serves as a superintendent must demonstrate all core competencies described in subpart 1 and competence in the specific areas under this subpart.
A. To demonstrate competence in policy and law, a superintendent must:
B. To demonstrate competence in political influence and governance, a superintendent must:
C. To demonstrate competence in communication, a superintendent must:
D. To demonstrate competence in fiscal management, a superintendent must demonstrate knowledge of factors that affect school finance, including sources of revenue; expenditure classifications; generally acceptable accounting principles; and local, state, and federal finance calculations.
E. To demonstrate competence in judgment and problem analysis, a superintendent must effectively balance varied and competing interests to ensure the mission and vision of the school district is carried forward.
Subp. 3. Principal competencies.
A person who serves as a principal must demonstrate all core competencies described in subpart 1 and competence in the specific areas under this subpart.
A. To demonstrate competence in instructional leadership, a principal must:
B. To demonstrate competence in monitoring student learning, a principal must:
C. To demonstrate competence in prekindergarten through grade 12 leadership, a principal must:
Subp. 4. Director of special education competencies.
A person who serves as a director of special education must demonstrate the core competencies described in subpart 1 and competence in the specific areas under this subpart.
A. To demonstrate competence in policy and law, a director of special education must:
B. To demonstrate competence in organizational management, a director of special education must:
C. To demonstrate competence in resource and fiscal management, a director of special education must:
Subp. 5. Director of community education competencies.
A person who serves as a director of community education must demonstrate the core competencies described in subpart 1 and competence in the specific areas under this subpart.
A. To demonstrate competence in community education concepts, a director of community education must:
B. To demonstrate competence in community capital, a director of community education must:
History
- Statutory Authority: MS s 122A.14; L 2006 c 263 art 2 s 20
- History: 33 SR 658; 44 SR 1385
Minn. R. 3512.0600 [Repealed, 33 SR 658]
[Repealed, 33 SR 658]
Minn. R. 3512.0700 Administrative Licensure Without Teaching Experience for Superintendents, Principals, and Directors of Special Education
Subpart 1. Scope.
This part applies to applicants for kindergarten through grade 12 principal, superintendent, or director of special education licensure who complete a board-approved licensure program or who have received approval for licensure under part 3512.2600, but who lack the teaching experience required in part 3512.0200, subpart 2.
Subp. 2. Degree requirement.
An applicant must meet the degree requirement in part 3512.0200, subpart 3, or be approved for licensure as a superintendent under part 3512.0800.
Subp. 3. Field experience.
An applicant must satisfactorily complete a field experience in school administration as an intern in the license area sought. The applicant must attain the field experience in a school district setting appropriate for the license while supervised by both educators from a board-approved college or university school administration program and a licensed practicing school administrator working in the area of the intern's field experience. The field experience must consist of at least 320 hours, with at least 40 hours in each school level, including elementary, middle or junior high, and high school, and is in addition to the teaching experience in subpart 4.
Subp. 3a. Teaching knowledge and skills.
An applicant must demonstrate basic teaching knowledge and skills as required by part 8710.2000. The applicant must present a portfolio or other presentation to demonstrate the applicant's appropriate teaching knowledge and skills.
Subp. 4. Teaching internship requirement.
An applicant must have experience and knowledge in curriculum, school organization, philosophy of education, early childhood education, and elementary, middle or junior high, and senior high schools. The internship must:
A. include one school year with a minimum hour equivalency of 1,050 hours of classroom experience for a principal or superintendent license or 1,050 hours of special education experience for a director of special education license. A candidate may count up to 250 hours of online classroom teaching experience toward meeting the 1,050 hours of classroom experience;
B. be supervised by a licensed practicing school administrator;
C. include supervision by educators from a board-approved school administration program; and
D. be subject to a written agreement between the intern, the board-approved school administration preparation institution, and the school where the internship is completed.
History
- Statutory Authority: MS s 122A.14; 125.05; L 1993 c 224 art 12 s 34; L 1996 c 412 art 9 s 14; L 2006 c 263 art 2 s 20
- History: 21 SR 804; L 1998 c 397 art 11 s 3; 33 SR 658; 44 SR 1385
Minn. R. 3512.0800 Alternative Pathway Licensure for School Superintendents
Subpart 1. Intent of alternative pathway to license.
An applicant for licensure through an alternative pathway must demonstrate skills and competencies needed to perform the functions of a superintendent. This alternative pathway is for applicants who do not meet the requirements for superintendent licensure in part 3512.0200.
Subp. 2. Procedures for licensure.
An applicant for licensure through an alternative pathway must demonstrate the applicant has substantive experience and education in areas including but not limited to administration, supervision, management, and executive leadership in education, health care, business or industry, labor, or government. An applicant for an alternative license must:
A. complete a written application;
B. provide a written description of the applicant's organizational leadership experience that includes examples of creating culture, managing budgets, empowering employees, implementing change, administering federal, state, and local regulation, resolving conflict, creating policy, communicating with stakeholders, and balancing political interests. Examples may include activities effectively performed in and outside the field of education;
C. provide an official college transcript;
D. document competence in reference to part 3512.0510, subparts 1 and 2, and other educational and leadership experience;
E. provide a professional resume; and
F. include letters of recommendation and portfolio examples.
Subp. 3. Credential review committee.
An applicant must appear before a credential review committee and present evidence of the applicant's proposed effectiveness as a superintendent. The applicant may present data and information about the applicant's leadership effectiveness through testimony from teachers, parents, students, site council members, community members, and other interested persons. The review committee must consist of a licensed administrator appropriate to the field, a college or university administration preparer, and a member of a local school board or person of similar background. The credential review committee must recommend to the licensing committee whether to approve or disapprove the applicant's initial application. The licensing committee may accept or reject the credential committee's recommendation. The licensing committee shall make its recommendation to the board for final determination.
Subp. 4. Leadership experience.
The applicant must demonstrate a level of responsibility comparable to the position for which the applicant seeks a license and must present a record of successful and effective administrative behavior. The applicant must include in the record any administrative, managerial, or supervisory positions the applicant held.
Subp. 5. Education.
The candidate must have an undergraduate degree from a regionally accredited institution and broad formal preparation at the post-baccalaureate level including a master's degree or equivalent in areas such as those listed in subpart 2. The educational requirements under part 3512.0200, subpart 3, item A, do not apply to applicants under this part.
Subp. 6. Issuance of license.
The board must issue initial licenses and renew licenses according to this subpart.
A. The board must either accept or reject the licensing committee's licensure recommendation. If the board accepts the licensing committee's recommendation to approve licensure, the board must issue the applicant a two-year initial license. The board may also identify activities the individual must implement during the initial license period to strengthen the individual's skills and improve the individual's results as a superintendent. These activities may include a mentoring experience or improving specific skills or competencies.
B. The board must issue a five-year continuing license to an individual holding an initial license under this part after verifying the individual completed one year of successful administrative experience. The board must consider any subsequent renewals of the individual's continuing license based upon continuing education requirements in part 3512.1200.
Subp. 7. Appeal.
The applicant may appeal the licensing committee's recommendation to the Office of Administrative Hearings pursuant to the process in part 3512.1600.
Subp. 8. Fee.
In addition to the license fee under part 3512.2000, subpart 1, the board may charge a fee for the review process to recover costs.
History
- Statutory Authority: MS s 122A.14; 125.05; L 1993 c 224 art 12 s 34; L 1996 c 412 art 9 s 14; L 2006 c 263 art 2 s 20
- History: 21 SR 804; L 1998 c 397 art 11 s 3; L 1998 c 398 art 5 s 55; L 2003 c 130 s 12; 33 SR 658; 44 SR 1385
Minn. R. 3512.1100 [Repealed, 33 SR 658]
[Repealed, 33 SR 658]
Minn. R. 3512.1200 Continuing Education Programs for Directors, Principals, and Superintendents
Subpart 1. Definitions.
The definitions in items A and B apply to this part.
A. "Clock hours" means hours of actual instruction or supervised group activities in a Minnesota administrative and supervisory continuing education program approved according to this part.
B. "Initiator" means the individual, agency, or institution that initiates and conducts continuing education programs according to this part.
Subp. 1a. Approval.
The board or board designee must approve all continuing education programs and the clock hours a licensee may earn in each program. If clock hours are to be earned, approval must be secured before beginning a continuing education professional development activity.
Subp. 2. Program initiator.
The initiator of a continuing education program is responsible for conducting the program. The initiator may use resources from professional associations, governmental agencies, and the private business sector to conduct the program. The program initiator must:
A. ensure prior approval for continuing education programs. Programs not receiving prior approval or a waiver from the board designee must obtain a continuing education variance from the board in order to qualify as continuing education under part 3512.2300, subpart 3;
B. collect and verify attendance;
C. develop proposals for continuing education programs in areas of study identified cooperatively with licensed directors, principals, and superintendents practicing in Minnesota school districts;
D. identify competency areas under part 3512.0510; and
E. forward continuing education program proposals to the board for approval.
Subp. 3. Content of continuing education program.
Each continuing education program must consist of at least three clock hours and each program proposal must:
A. describe the planning activities, including a list of the names, addresses, and positions of those involved in planning;
B. describe the client group or groups for whom the program is designed;
C. state the program goals related to client demands;
D. state any prerequisite education or experience required for program admission;
E. describe the proposed continuing education program, including:
F. state the number of clock hours requested for the proposed program;
G. state the length of time for which approval is being requested;
H. state the number of times the program is offered during the approval period; and
I. show that qualified staff are assigned to the program and other needed resources are allocated to the program.
Subp. 4. Term of approval.
The board may approve programs for up to two years. The board must approve a program if it meets the requirements of the rules and if the board determines the program fulfills continuing education requirements.
History
- Statutory Authority: MS s 122A.14; 125.05; L 1993 c 224 art 12 s 34; L 1996 c 412 art 9 s 14; L 2006 c 263 art 2 s 20
- History: L 1995 1Sp3 art 16 s 13; 21 SR 804; L 1998 c 397 art 11 s 3; 33 SR 658; 44 SR 1385
Minn. R. 3512.1300 Procedures for Voluntary Surrender of Licenses
Subpart 1. Request to surrender license.
A person holding a license issued by the board may voluntarily surrender the license by submitting to the executive director of the board a written request to surrender, specifying the license or licenses being surrendered.
Subp. 2. Surrender date.
When the board receives the material listed in subpart 1 by January 1, the date of license surrender is July 1 of that year. If the board receives the materials after January 1, the date of license surrender is July 1 of the following calendar year. An applicant may revoke the request to surrender a license. An applicant must submit a written request for the revocation to the executive director no later than December 31 of the year in which the board received the applicant's request to voluntarily surrender the applicant's license.
Subp. 3. When surrender is prohibited.
A person may not voluntarily surrender a license if:
A. the school board has begun proceedings to terminate the continuing contract, pursuant to Minnesota Statutes, section 122A.40, subdivision 9 or 13, or 122A.41, subdivision 6;
B. the board has begun proceedings to suspend or revoke the license pursuant to part 3512.5200 and Minnesota Statutes, sections 122A.20 and 214.10; or
C. any educational agency or board has begun proceedings that could result in altering the status of the license due to the person's conduct.
Subp. 4. Initial license after surrender.
A person who voluntarily surrenders a Minnesota administrative or supervisory license may apply for initial licensure in the field in which the previously surrendered license was issued. The board must issue an initial license to the applicant if:
A. a licensure rule exists in the field in which the previously surrendered license was issued;
B. the applicant meets the initial licensure standards in effect in the field at the time of application and meets board procedures in rules applicable to an initial license; and
C. the applicant submits the required processing fee under part 3512.2000 with the application for initial licensure.
Subp. 5. Disclaimer.
Subparts 1 to 4 do not prohibit a person from holding or applying for a license in any administrative or supervisory field after surrendering an administrative or supervisory license in another field.
History
- Statutory Authority: MS s 122A.14; 125.05; L 1993 c 224 art 12 s 34; L 1996 c 412 art 9 s 14; L 2006 c 263 art 2 s 20
- History: 21 SR 804; L 1998 c 397 art 11 s 3; L 1998 c 398 art 5 s 55; L 2003 c 130 s 12; 33 SR 658; 44 SR 1385
Minn. R. 3512.1400 [Repealed, 33 SR 658]
[Repealed, 33 SR 658]
Minn. R. 3512.1500 Issuance and Renewal of Licenses
Subpart 1. Renewal.
A license to serve as superintendent, principal, or director must bear the date of issue and the expiration date and may be renewed on or before July 1 in the year of expiration.
Subp. 2. Expiration.
After July 1 in the year of expiration, a license to serve as superintendent, principal, or director is expired and not valid for administration.
Subp. 3. Fees.
Effective July 1, 2004, each application for issuing or renewing a license to serve as superintendent, principal, or director must be accompanied by a $57 processing fee.
History
- Statutory Authority: MS s 122A.14; 125.05; L 1981 c 359 s 2 subd 4; L 1993 c 224 art 12 s 34; L 1996 c 412 art 9 s 14; L 2006 c 263 art 2 s 20
- History: 21 SR 804; L 1998 c 397 art 11 s 3; 33 SR 658; 44 SR 1385
Minn. R. 3512.1600 Appeals
Subpart 1. Licensure denials.
A person whose application for an administrative license is recommended for denial by the licensing committee or whose application is denied by the board without a licensing committee recommendation may appeal under the contested case procedures in Minnesota Statutes, chapter 14. When the licensing committee makes a recommendation to the board to deny a license, the committee must provide the applicant with written notice of its recommendation. If the board denies a license without first receiving a recommendation from the licensing committee, the board must provide the applicant with written notice of its intent to deny the license. The notice of recommendation to deny and the notice of intent to deny the license shall explain the process for appeal and the contested case hearing process. The applicant shall have 30 days from the date of service of the notice to request a contested case hearing. An applicant who fails to request a hearing within 30 days shall be deemed to have waived an appeal and the licensing committee's recommendation or the board's intended decision may be summarily affirmed by the board, in which case the board's decision is final and shall not be subject to further review. If an applicant makes a timely request for a contested case hearing, the board shall schedule a hearing before an administrative law judge at the Office of Administrative Hearings. The administrative law judge shall make a recommendation to the board on whether the board should grant or deny the application. After considering the administrative law judge's recommendation, the board shall make the final decision on whether to grant or deny the license application. A person whose license application is denied by the board after completing a contested case hearing may appeal the board's final decision to the court of appeals pursuant to Minnesota Statutes, sections 14.63 to 14.69.
Subp. 1a. Licensure suspension or revocation.
A person whose administrative license is recommended for suspension or revocation under part 3512.2400 or 3512.5200 may appeal the recommendation under the contested case procedures in Minnesota Statutes, chapter 14. When the ethics committee recommends to the board suspending or revoking a license, the committee must provide the licensee with written notice of its recommendation. The notice must explain the process for appealing the ethics committee's recommendation and the contested case hearing process. The licensee shall have 30 days from the date of service of the notice to request a contested case hearing. A licensee who fails to request a hearing within 30 days shall be deemed to have waived an appeal, and the ethics committee's suspension or revocation recommendation may be summarily affirmed by the board, in which case the board's decision shall be final and shall not be subject to further review. If a licensee makes a timely request for a contested case hearing, the board shall schedule a hearing before an administrative law judge at the Office of Administrative Hearings. The administrative law judge shall make a recommendation to the board on whether the board should suspend or revoke the license. After considering the administrative law judge's recommendation, the board shall make the final decision on whether to suspend or revoke the license. A person whose license is suspended or revoked by the board after completing a contested case hearing may appeal the board's final decision to the court of appeals pursuant to Minnesota Statutes, sections 14.63 to 14.69.
Subp. 2. Appeal request.
To appeal the denial, suspension, or revocation of an administrative license, a person must file a written request for a hearing with the executive director within 30 days of receiving notice of the board's intent to deny, suspend, or revoke the license. Upon receiving the request for a hearing, the board must notice a contested case hearing before an administrative law judge under Minnesota Statutes, chapter 14. The failure to file a written request for a hearing within 30 days constitutes a waiver of the person's right to a hearing.
History
- Statutory Authority: MS s 122A.14; 125.05; L 1993 c 224 art 12 s 34; L 1996 c 412 art 9 s 14; L 2006 c 263 art 2 s 20
- History: 21 SR 804; L 1998 c 397 art 11 s 3; L 1998 c 398 art 5 s 55; L 2003 c 130 s 12; 33 SR 658; 44 SR 1385
Minn. R. 3512.1700 Rules Review
The board must review licensure standards for superintendents, principals, and directors every even-numbered year beginning in 2008.
History
- Statutory Authority: MS s 122A.14; 125.05; L 1993 c 224 art 12 s 34; L 1996 c 412 art 9 s 14; L 2006 c 263 art 2 s 20
- History: 21 SR 804; L 1998 c 397 art 11 s 3; L 1998 c 398 art 5 s 55; L 2003 c 130 s 12; 33 SR 658; 44 SR 1385
Minn. R. 3512.2000 Requirements for Issuance and Renewal of Licenses
Subpart 1. In general.
An applicant must qualify separately for each licensure area for which application is made and provide evidence of satisfactory completion of a board-approved program in the licensure area or establish compliance with part 3512.2600.
Each application for the issuance or renewal of a license must be accompanied by the processing fee in part 8710.0200. The processing fee must be nonrefundable for applicants not qualifying for a license, except the fee is refundable when the applicant for a license already holds the license for which application is made and that license does not expire in the year the application is submitted.
The board must issue and renew all licenses according to criteria established in board rules, and the licenses are valid for the period specified in this part. All licenses must bear the date of issuance and expire on the specified number of years from July 1 nearest the date the board approved the license. The Professional Educator Licensing and Standards Board must accept applications to renew a license after January 1 of the year of expiration. The renewal period begins on July 1 of the year of expiration. After June 30 in the year of expiration, all licenses not renewed expire and are no longer valid.
Subp. 1a. Provisional license.
The provisional license issued in any licensure area is a two-year license. The board must issue provisional licenses to persons who meet all requirements of applicable statutes and rules.
Subp. 2. Initial license.
The initial license issued in any licensure area is a two-year license. The board must issue licenses to persons who meet all requirements of applicable statutes and rules and who complete board-approved licensure programs under part 3512.2500 or who qualify for licensure under part 3512.2600.
Subp. 3. Failure to complete school year of experience affecting initial license.
When a person does not complete one school year of administrative or supervisory experience before the initial license expires, the board must issue another initial license in that licensure area after receiving the person's licensure renewal application. If an initial license in any licensure area lapses, the board must renew the license after receiving the person's licensure renewal application. The board must continue to renew the license until the applicant completes one school year of administrative or supervisory experience while holding a valid initial license, after which time an applicant qualifies for a continuing license.
Subp. 4. Continuing license.
The board must issue and renew a continuing license, valid for five years, after receiving an application according to board rules for issuing and renewing continuing licenses.
Subp. 5. Conduct review.
A. All applicants for licensure are subject to a criminal history background check as required under Minnesota Statutes, section 122A.18, subdivision 8. License renewals are subject to a conduct review performed by the board under item B. The board may refuse to issue a license or deny a license renewal based on the results of the background check or conduct review. An applicant who is denied a license or license renewal as a result of the background check or conduct review may appeal the board's decision pursuant to part 3512.1600.
B. The conduct review consists of the following questions:
History
- Statutory Authority: MS s 122A.14; 125.05; L 1981 c 359 s 2 subd 4; L 1993 c 224 art 12 s 34; L 1996 c 412 art 9 s 14; L 2006 c 263 art 2 s 20
- History: L 1995 1Sp3 art 16 s 13; 21 SR 804; L 1998 c 397 art 11 s 3; L 1998 c 398 art 5 s 55; L 2003 c 130 s 12; 33 SR 658; 44 SR 1385
Minn. R. 3512.2050 Provisional License
A. The board may issue a two-year nonrenewable provisional license to an applicant under part 3512.2600 who has not completed a licensure program equivalent in credits and substantially equivalent in content to board-approved programs. To be eligible for a provisional license, the applicant must enroll and make progress in a board-approved program leading to licensure as a superintendent, a principal, or a director of special education during the applicant's two-year provisional status. To qualify for a provisional license, the applicant must:
B. A candidate for a provisional license under this part may substitute one year of full-time experience as a superintendent, assistant superintendent, principal, assistant principal, or director of special education in another state for the field experience required in part 3512.0400, subpart 1.
History
- Statutory Authority: MS s 122A.14
- History: 44 SR 1385
Minn. R. 3512.2100 Initial License
A. Licensure applicants must meet the requirements for each administrative area where the applicant seeks licensure. The board must issue an initial license to an applicant who meets all of the following requirements. An applicant must:
B. A candidate who does not qualify for a continuing license issued under part 3512.2300 may apply to renew an initial license every two years and is not required to complete any clock hours of continuing education in order to renew an initial license.
History
- Statutory Authority: MS s 122A.14; 125.05; L 1993 c 224 art 12 s 34; L 1996 c 412 art 9 s 14; L 2006 c 263 art 2 s 20
- History: 21 SR 804; L 1998 c 397 art 11 s 3; 33 SR 658; 44 SR 1385
Minn. R. 3512.2300 Continuing License
Subpart 1. Continuing license for those holding initial license.
The board must issue a five-year continuing license to an applicant who completes at least one school year of administrative or supervisory experience in a licensure area while holding an initial license. Supervisory experience includes the tasks listed in Minnesota Statutes, section 179A.03, subdivision 17. When an applicant adds a licensure area to a continuing license already in effect, the board must issue a continuing license with the same expiration date established for the continuing license already in effect.
Subp. 2. Life license.
The board must issue a five-year continuing license to an applicant who holds a life license and who subsequently completes a board-approved program in an additional licensure area. The board must issue the license for the additional licensure area.
Subp. 3. Renewal of continuing licenses.
The board must renew the continuing license of an applicant who provides evidence of completing 125 clock hours of approved administrative and supervisory continuing education earned according to part 3512.1200 during the five-year period immediately before renewing the continuing license. The board must approve continuing education programs and the clock hours an applicant may earn in each program according to part 3512.1200. An applicant may apply relevant courses successfully completed at regionally accredited institutions toward the clock-hour requirement. Coursework completed at a regionally accredited institution does not require prior approval. One quarter college credit equals 15 clock hours and one semester college credit equals 20 clock hours. An applicant must meet the renewal requirements during the five-year period of each continuing license, and no clock hours shall carry forward into any subsequent five-year licensure period. The applicant may appeal to the board for a continuing education variance under part 3512.5300 to allow credits the applicant earned outside the five-year period to count toward the 125-clock-hour requirement.
Subp. 4. Lapsed license.
If an applicant allows a continuing license to lapse for more than 60 days and the applicant is currently employed as an administrator or supervisor, the applicant must obtain a variance from the board while the board renews the license. If the applicant was not employed as an administrator or supervisor during the year immediately before applying to renew the license, the applicant must demonstrate to the board that the applicant:
A. earned 125 clock hours of approved administrative and supervisory continuing education according to this part during the five-year period immediately before applying for a continuing license, in which case the board must issue a five-year continuing license; or
B. was offered a position contingent upon holding a valid license and if the applicant demonstrates there is insufficient time to complete 125 clock hours of approved administrative and supervisory continuing education, in which case the board may issue a one-time nonrenewable one-year license. When the applicant's nonrenewable one-year license expires, the applicant must qualify for a continuing license according to subpart 3.
History
- Statutory Authority: MS s 122A.14; 125.05; L 1993 c 224 art 12 s 34; L 1996 c 412 art 9 s 14
- History: 21 SR 804; L 1998 c 397 art 11 s 3; 44 SR 1385
Minn. R. 3512.2400 Suspension and Revocation of Licenses
Subpart 1. Cause.
The board may revoke or suspend the license of a superintendent, principal, or director for any of the following causes:
A. immoral character or conduct;
B. a breach of contract of employment without justifiable cause;
C. overall gross inefficiency or willful neglect of duty;
D. fraud or misrepresentation in obtaining a license;
E. felony conviction which directly relates to the occupation for which licensure is held; or
F. violation of the code of ethics for school administrators under part 3512.5200.
Subp. 2. Procedure for suspension and revocation of licenses.
The board may suspend or revoke a person's license if the procedures in this subpart are followed.
A. A student, a parent, a community member, or the school board employing the licensee must file a written complaint with the board specifying the nature and character of the charges against the licensee.
B. The board must notify the licensee of the allegations in the complaint and give the licensee an opportunity to respond to the allegations.
C. Before suspending or revoking a license, the board must give the licensee notice of a right to a contested case hearing under Minnesota Statutes, chapter 14, following the process in part 3512.1600. A licensee must request a contested case hearing within 30 days of service of the ethics committee's notice of recommendation to suspend or revoke the license. If a licensee fails to timely request a contested case hearing, the board's decision to suspend or revoke the license shall be final.
Subp. 3. Revocation.
Revocation includes the cancellation or repeal of a license or renewal privilege. Revocation disqualifies a person from performing any function permitted by holding a license issued under board rules. Revocation is final, except that a person whose license is revoked may petition the board for licensure under subpart 6.
Subp. 4. Suspension.
Suspension includes the temporary withdrawal of a license or renewal privilege. Suspension disqualifies a person from performing any function permitted by holding a license issued under board rules. The board must determine the length of each suspension and attach any terms and conditions to the suspension after considering:
A. the activity of the individual that led to the license suspension;
B. any relevant mitigating factors provided by the individual;
C. the prior administrative, supervisory, or teaching record of the individual; and
D. other similar factors.
Subp. 5. Applicability.
Unless otherwise provided by the board, a revocation or suspension applies to each license or renewal privilege held by the individual at the time the board takes final action. The board must not issue any other license to a person whose license or renewal privilege is suspended or revoked during the pendency of the suspension or revocation.
Subp. 6. Issuance of license after revocation.
A person whose license or renewal privilege was revoked by the board may apply for and may be issued an initial license after presenting reliable evidence that the person fulfilled all the terms and conditions the board imposed, and upon meeting current licensure standards.
Subp. 7. Issuance or reinstatement of license after suspension.
A person whose license or renewal privilege was suspended by the board may apply to the board to have the license reinstated under this subpart.
A. If the person's suspended license is an initial license that lapsed during the suspension, the board must reinstate that license if the person:
B. If the person's suspended license is an initial license that has not lapsed during the suspension, the person may resume administrative or supervisory functions for whatever period of time remains on that initial license after the suspension expires, provided that the person presents reliable evidence to the board that the person met all terms and conditions the board imposed as prerequisites for reinstatement.
C. If the suspended license is a continuing license that has not lapsed during the suspension, the person may resume administrative or supervisory functions for whatever period of time remains on the continuing license after the suspension expires, provided that after the person presents reliable evidence to the board that the person met all terms and conditions the board imposed as prerequisites for reinstatement.
D. If the suspended license is a continuing license that lapsed during the suspension, the person may apply for another continuing license. The board must issue the person a continuing license if:
E. If the suspended license was a life license, the person may resume administrative or supervisory functions after the suspension expires and after presenting reliable evidence to the board that the person met all terms and conditions imposed by the board.
History
- Statutory Authority: MS s 122A.14; 125.05; L 1993 c 224 art 12 s 34; L 1996 c 412 art 9 s 14; L 2006 c 263 art 2 s 20
- History: 21 SR 804; L 1998 c 397 art 11 s 3; 33 SR 658; 44 SR 1385
Minn. R. 3512.2500 Procedures for Approval of Licensure Programs
Subpart 1. Request for approval.
Institutions the board approves under this part to prepare persons for licensure may request board approval of licensure programs in administration and supervision. The board must evaluate the programs for initial approval and thereafter audit the programs for continuing approval under this part.
Subp. 2. Content of program description.
The administrator of the defined administrative and instructional unit of each institution must forward to the board a program description of each licensure program for which board approval is requested. The licensure program description must:
A. verify the institution's commitment to the licensure program;
B. describe the institution's organizational structure;
C. describe the process to align strategic planning, assessment, and decision-making for implementing or sustaining the licensure program;
D. describe the anticipated role for persons who enroll in the licensure program;
E. list and describe how the licensure program relates individual program components to the knowledge, skills, and dispositions that persons completing the licensure program must achieve;
F. describe the field-based experience, the assessment of prior experience and preparation, and the situational observation component;
G. describe the systematic procedure for evaluating the licensure program to ensure that all persons recommended for licensure meet all licensure requirements;
H. specifically identify the plans for assessing the performance of each person who successfully completed the licensure program;
I. list the college departments involved with the licensure program, licensed practicing education personnel, school administrators, and interested citizens who participated in developing the licensure program;
J. describe the procedures to establish and maintain an internal process to systematically evaluate the licensure program; and
K. include program review data as mandated by Minnesota Statutes, section 122A.091, subdivision 1, and describe how that data are utilized.
Subp. 3. Evidence required in program description.
Each program description that an institution forwards to the board for each licensure program seeking board approval must include evidence that the licensure program:
A. meets board rules governing the licensure program;
B. allocates necessary faculty and physical resources to implement and maintain the licensure program; and
C. provides adequate supervision for practicum experiences required by individual licensure rules.
Subp. 4. Program appraisal.
Before initially approving the licensure program, persons the board designates as program auditors may visit the institution to examine the licensure program to verify the program description and make a recommendation regarding approval status. During the operation of an approved licensure program, the board may arrange, in consultation with the institution, an audit visit to verify that the approved program complies with this part. Program auditors must make a written report of their findings to the board and to the institution.
Board staff or persons the board designates as program auditors, in consultation with the institution, must make audit visits on a five-year cycle to verify program descriptions and make a recommendation regarding the approval status of each licensure program.
Based on the institution's appraisal of the program description and the auditors' written report, the board must:
A. grant initial approval;
B. grant continuing approval;
C. grant conditional approval, state the conditions, and establish time lines for the program to meet the stated conditions; or
D. disapprove the licensure program, state the reasons for disapproval, and, if needed, stipulate a termination date to accommodate persons enrolled in the program.
Subp. 5. Conditional approval.
If the board conditionally approves a licensure program, the board must reconsider the licensure program's approval status after verifying that the board's stated conditions are met. If the board's stated conditions are not met within the time lines established by the board, the board must withdraw its conditional approval.
Subp. 6. Programs that vary in curricular design.
The board must approve licensure programs that vary in curricular design if the program components meet the approval criteria in this part.
Subp. 7. Revisions made in program.
If an institution revises a board-approved licensure program, the administrator of the defined administrative and instructional unit of that institution must forward to the board a written description of the licensure program revision. The board must undertake an audit to verify that the revised licensure program continues to meet board rules. Each verified licensure program revision is an amendment to the approved licensure program.
Subp. 8. Revocation or suspension due to failure to meet rules.
The board must revoke or suspend the approval of a licensure program if the board determines that an approved licensure program no longer complies with this part.
History
- Statutory Authority: MS s 122A.14; 125.05; L 1993 c 224 art 12 s 34; L 1996 c 412 art 9 s 14; L 2006 c 263 art 2 s 20
- History: L 1995 1Sp3 art 16 s 13; 21 SR 804; L 1998 c 397 art 11 s 3; L 1998 c 398 art 5 s 55; L 2003 c 130 s 12; 33 SR 658; 44 SR 1385
Minn. R. 3512.2600 Licensure for Persons Prepared in States Other Than Minnesota
Subpart 1. Criteria.
A. The board must issue Minnesota licenses to persons who otherwise meet applicable statutory requirements and the requirements of this part. The board must issue licenses only in licensure fields for which the board has rules governing licensure programs. Persons prepared in other states must present their credentials to the board for approval. The board has jurisdiction on all matters concerning administrative licensure.
B. The board must issue an initial license to persons who complete administrative preparation programs in colleges and universities within states outside Minnesota when the following criteria are met:
Subp. 2.
[Repealed, 44 SR 1385]
Subp. 3. Field experience equivalency.
A licensure candidate may substitute one year of full-time experience as a superintendent, assistant superintendent, principal, assistant principal, or director of special education in another state for the field experience required by part 3512.0400, subpart 1.
History
- Statutory Authority: MS s 122A.14; 125.05; L 1993 c 224 art 12 s 34; L 1996 c 412 art 9 s 14; L 2006 c 263 art 2 s 20
- History: 21 SR 804; L 1998 c 397 art 11 s 3; L 1998 c 398 art 5 s 55; L 2003 c 130 s 12; 33 SR 658; 44 SR 1385
Minn. R. 3512.2700 [Repealed, 44 SR 1385]
[Repealed, 44 SR 1385]
Minn. R. 3512.3000 License Renewal of Head Varsity Coaches of Interscholastic Sports in Senior High Schools
A person who holds or has held a license as a head varsity coach of interscholastic sports in senior high schools issued before December 31, 1996, under parts 3510.7500 to 3510.7900 may continue to renew this license according to requirements of the Professional Educator Licensing and Standards Board governing continuing education relicensure.
History
- Statutory Authority: MS s 125.05; L 1993 c 224 art 12 s 34; L 1996 c 412 art 9 s 14
- History: 21 SR 804; L 1998 c 397 art 11 s 3; L 2017 1Sp5 art 12 s 22
Minn. R. 3512.3100 Employment of Head Varsity Coaches of Interscholastic Sports in Senior High Schools
A school district may employ a person as a head varsity coach of an interscholastic sport in a senior high school provided that:
A. in the judgment of the school board, the person has the knowledge and experience necessary to coach the sport;
B. the person can verify completion of six quarter credits, or the equivalent, or 60 clock hours of instruction in first aid and the care and prevention of athletic injuries; and
C. the person can verify completion of a coaching methods or theory course.
History
- Statutory Authority: MS s 125.05; L 1993 c 224 art 12 s 34; L 1996 c 412 art 9 s 14
- History: 21 SR 804; L 1998 c 397 art 11 s 3
Minn. R. 3512.3500 [Renumbered 3512.0505]
[Renumbered 3512.0505]
Minn. R. 3512.4000 [Repealed, 33 SR 1966]
[Repealed, 33 SR 1966]
Minn. R. 3512.5000 License Renewal of Reading Consultants
A person who holds or has held a license as a reading consultant issued before July 1, 1995, under part 3510.8100, may continue to renew this license according to part 3512.2300 governing continuing licenses.
History
- Statutory Authority: MS s 125.05; L 1993 c 224 art 12 s 34; L 1996 c 412 art 9 s 14
- History: 21 SR 804; L 1998 c 397 art 11 s 3
Minn. R. 3512.5100 License Renewal of Supervisory and Consultative Personnel
A person who holds or has held a license as supervisory and consultative personnel issued before July 1, 1995, under part 3510.8300, may continue to renew this license according to part 3512.2300 governing continuing licenses.
History
- Statutory Authority: MS s 125.05; L 1993 c 224 art 12 s 34; L 1996 c 412 art 9 s 14
- History: 21 SR 804; L 1998 c 397 art 11 s 3
Minn. R. 3512.5200 Code of Ethics for School Administrators
Subpart 1. Scope.
This part applies to all persons licensed as school administrators as defined in part 3512.0100, subparts 5 to 7.
Subp. 2. Standards of professional conduct.
The standards of professional conduct for school administrators are listed in items A to K.
A. A school administrator must provide professional educational services in a nondiscriminatory manner.
B. A school administrator must take reasonable action to protect students and staff from conditions harmful to health and safety.
C. A school administrator must take reasonable action to provide an atmosphere conducive to learning.
D. A school administrator must not use professional relationships with students, parents and caregivers, staff, or colleagues to private advantage.
E. A school administrator must disclose confidential information about individuals only when a compelling professional purpose is served in accordance with state and federal laws and school district policies.
F. A school administrator must not knowingly falsify or misrepresent records or facts relating to the administrator's qualifications or to the qualifications of other staff or personnel.
G. A school administrator must not knowingly make false or malicious statements about students, students' families, staff, or colleagues.
H. A school administrator must not accept gratuities, gifts, or favors that impair professional judgment, nor offer any favor, service, or item of value to obtain special advantage.
I. A school administrator must only accept a contract for a position when licensed for the position or when a school district is issued a variance by the board.
J. A school administrator, in filling positions requiring licensure, must employ, recommend for employment, and assign only appropriately licensed personnel, or persons for whom the school district has been issued a variance by the appropriate state board or agency, unless, after making reasonable efforts to obtain a variance, an appropriately licensed person cannot be assigned and the position must be filled to meet a legitimate emergency educational need.
K. A school administrator must not engage in conduct involving dishonesty, fraud, or misrepresentation in the performance of professional duties.
Subp. 3. Statutory enforcement of code, complaints, investigation, and hearing.
The board must enforce this part according to Minnesota Statutes, section 214.10, subdivisions 1, 2, and 3.
Subp. 4. Complaints handled by board.
A. When the board receives complaints alleging violations of the code of ethics for school administrators, the board must require the complaining party to submit:
B. The board must consider only those complaints that comply with this subpart. The administrator is entitled to be represented by the administrator's own counsel or representative at each stage of the investigation and hearing.
Subp. 5. Enforcement procedures.
The board may impose one or more of the following penalties when it finds a violation of a standard under subpart 2.
A. The board may enter into agreements with administrators accused of violating the code of ethics to suspend or terminate proceedings against the administrator on conditions agreeable to both parties.
B. The board may send a letter of censure to the person it determines is violating the standards of the code of ethics. The board must keep the letter on file for up to one calendar year.
C. The board may place an administrator it finds violated the code of ethics on probationary licensure status for a period of time determined by the board. The board may impose conditions on the administrator during the probationary period directed toward improving the administrator's performance in the area of the violation. During this period, the administrator's performance or conduct is subject to board review. The board must direct the review toward monitoring the administrator's activities or performance and the conditions placed on the administrator during the probationary period. Before the probationary period ends, the board must decide to extend or terminate the administrator's probationary licensure status or take further disciplinary actions consistent with this subpart.
D. The board may suspend the license of the person it determines is violating the standards of the code of ethics. The board must determine the time period of any suspension.
E. The board may revoke the license of the person it determines violated the standards of the code of ethics.
History
- Statutory Authority: MS s 122A.14; 125.05; L 2006 c 263 art 2 s 20
- History: 23 SR 1928; L 1998 c 398 art 5 s 55; L 2003 c 130 s 12; 33 SR 658; 44 SR 1385
Minn. R. 3512.5300 Variance
Subpart 1. Scope.
Pursuant to Minnesota Statutes, section 14.055, a person or entity may apply for a variance from any rule or portion of a rule under the jurisdiction of the board. The board may not consider a request for a variance from a statute or court order.
Subp. 2. Application.
The applicant must file an application for a variance in writing on a form provided by the board. The application form must comply with Minnesota Statutes, section 14.056, subdivision 1, and must include instructions for completing the form and a description of the variance process.
Subp. 3. Criteria.
In reviewing a variance request, the board must consider the information required under Minnesota Statutes, section 14.056, subdivision 1, and the following:
A. whether variance from the rule would serve a compelling public purpose;
B. whether application of the rule to the individual circumstances of the applicant would result in hardship or injustice;
C. whether variance from the rule would be consistent with the public interest and the educational interests of students, school districts, and the profession;
D. whether variance from the rule would positively serve an educational need or opportunity;
E. whether variance from the rule would compromise the purpose of the rule; and
F. whether variance from the rule would prejudice the substantial legal or economic rights of any person or entity. Pursuant to Minnesota Statutes, section 14.055, subdivision 3, the board must issue a variance from a rule if the applicant provides evidence that applying the rule to the applicant's individual circumstances would not serve any of the purposes of the rule. The board may not issue a variance under any circumstances if the variance would compromise the purpose of the rule or the variance would prejudice the substantial legal or economic rights of any person or entity.
Subp. 4. Oral argument.
Upon the applicant's request, the board may permit an applicant to present an oral argument defending a variance application.
Subp. 5. Notice.
Notice must be provided consistent with Minnesota Statutes, section 14.056, subdivision 3.
Subp. 6. Order; timing.
Within 60 days of receiving a completed variance application, the board must issue or deny a variance and specify the scope and period of the variance. The board must not issue a variance for a period longer than one year. The board's order must state the relevant facts and the reasons for the board's action.
Subp. 7. Limitations.
The board may issue a variance only for the specific circumstances the applicant described in the variance application. The applicant may not apply the variance to other circumstances without specific board approval and is prohibited from transferring a variance to other individuals or entities in similar situations without specific board approval.
Subp. 8. Fees.
The fee for the variance application must be charged consistent with Minnesota Statutes, section 14.056.
Subp. 9. Reconsideration.
A board decision to issue or deny a variance is final unless the board reverses the decision through a subsequent board action. The applicant may submit an application for reconsideration if the applicant submits additional information to support the variance request.
Subp. 10. Record.
The board must maintain a record of all orders issuing and denying variances in compliance with Minnesota Statutes, section 14.056, subdivision 7.
Subp. 11. Variance for director of community education.
Subject to the conditions in this subpart, the board must annually issue an administrative variance to a school district to allow the district to use an individual who is not fully licensed as the director of community education if the school district is unable to employ a fully licensed director of community education.
A. The board must issue an administrative variance to school districts only if the individual is enrolled in a board-approved program leading to licensure as a director of community education and can show evidence the individual will complete the program within three school years.
B. A school district must apply annually for an administrative variance and must not exceed the three years stated in item A for any one individual.
C. The superintendent must verify how the district advertised the director of community education position and that the district did not place a licensed director of community education interested in the position on unrequested leave of absence. The superintendent must verify in writing the district's decision not to contract with a fully licensed director of community education because:
History
- Statutory Authority: MS s 14.055; 122A.14
- History: 27 SR 426; 44 SR 1385
Minn. R. 3512.5400 [Expired, 28 SR 271]
[Expired, 28 SR 271]
History
- Statutory Authority: MS s 14.388
- History: 28 SR 271; L 2007 c 146 art 2 s 35
Chapter 3517 SECONDARY VOCATIONAL LICENSES
Minn. R. 3517.0010 Definitions
Subpart 1. Scope.
The definitions in this part apply to this chapter.
Subp. 2. Accredited out-of-state institution.
"Accredited out-of-state institution" means a college or university accredited by an organization listed in Nationally Recognized Accrediting Agencies and Associations. This document is published in the Federal Register, volume 50, pages 40213 to 40217, and updated in volume 50, page 41933. It is incorporated by reference.
Subp. 3. Approved Minnesota institution.
"Approved Minnesota institution" means a Minnesota institution approved by the Professional Educator Licensing and Standards Board under chapter 8705 to prepare persons for teacher licensure.
Subp. 4. Technical college.
"Technical college" means a technical college operated by the Board of Trustees of the Minnesota State Colleges and Universities.
Subp. 5.
MR 1997 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Subp. 6.
[Repealed, 21 SR 804]
Subp. 7. Clock hour.
"Clock hour" means 60 minutes of actual instruction or supervised group activities.
Subp. 8. Clock hours for administrative and supervisory personnel.
For renewal of five-year vocational administrative and supervisory licenses, "clock hours for administrative and supervisory personnel" means clock hours accumulated from approved Minnesota programs in administrative or supervisory continuing education. Hours devoted to individual professional development activity for renewal of five-year administrative and supervisory licenses are not counted as clock hours.
Subp. 9. Commissioner.
"Commissioner" means the commissioner of education.
Subp. 10. Course.
"Course" means, for the purpose of licensing for vocational staff, a planned, separate unit of instruction in a subject area.
Subp. 11. Credit.
"Credit" means a quarter college credit from an accredited college. Unless otherwise stated in this chapter, one quarter credit equals 12 clock hours.
Subp. 12.
[Repealed, 21 SR 804]
Subp. 13. Degree.
Unless otherwise stated, "degree" means a four-year baccalaureate degree from a college or university accredited by an organization listed in Nationally Recognized Accrediting Agencies and Associations. This document is published in the Federal Register, volume 50, pages 40213 to 40217, and updated in volume 50, page 41933. It is incorporated by reference.
Subp. 14. Department.
"Department" means the state Department of Education.
Subp. 15.
[Repealed, 21 SR 804]
Subp. 16. Director.
"Director" means a local vocational administrator and includes assistant directors.
Subp. 17.
[Repealed, 21 SR 804]
Subp. 18. Education degree.
"Education degree" means a baccalaureate or higher degree from an accredited college or university in an educational field with at least 27 quarter credits in professional education courses and including at least six quarter credits of student teaching.
Subp. 19.
[Repealed, 21 SR 804]
Subp. 20.
[Repealed, 21 SR 804]
Subp. 21. Endorsement.
"Endorsement" means a change in an applicant's existing license that allows the person to function in an additional category of practice or in a different time allotment such as part-time, full-time, or substitute.
Subp. 22. Equivalent.
"Equivalent," in relation to educational or technical training requirements, means equal in content as verified by a written statement provided to the personnel licensing section by staff:
A. from the department;
B. from the corresponding department chair from an institution accredited to provide education or training in the area stated as a licensure requirement; or
C. from the vocational service coordinator named by an approved Minnesota institution approved to offer a licensing program for vocational teacher education.
Subp. 23. Full-time educational service.
"Full-time educational service" means, for the purpose of evaluating educational service, 1,080 hours annually.
Subp. 24.
[Repealed, 21 SR 804]
Subp. 25. Hardship.
"Hardship" has the meaning given in part 8750.6200, subpart 2.
Subp. 26.
[Repealed, 21 SR 804]
Subp. 27. Human relations program.
"Human relations program" means a program approved by the Professional Educator Licensing and Standards Board that is designed to meet the human relations requirements under part 8700.2700 for licensure of Minnesota educational personnel.
Subp. 28. Initiator.
"Initiator" means the individual, agency, or institution that designs and conducts programs for continuing education of vocational administrative and supervisory personnel according to part 3517.8600.
Subp. 29. Lapsed license.
"Lapsed license" means a Minnesota vocational license expired for at least one fiscal year (July 1 to June 30).
Subp. 30.
[Repealed, 21 SR 804]
Subp. 31. Licensing program for vocational teacher education.
"Licensing program for vocational teacher education" means a course or courses in vocational education offered at an approved Minnesota institution.
Subp. 32. Local vocational administrator or administrator.
"Local vocational administrator" or "administrator" means the licensed vocational administrator who has the major responsibility for duties including budget, curriculum, and supervision in vocational education at the secondary level for a district, center, or technical college. The superintendent is the authorized local administrator in the absence of a licensed vocational administrator. For licensure of vocational staff serving in a nonpublic school, the chief executive officer of the nonpublic school or a designee may be authorized by the commissioner to recommend licensure.
For staff serving in Minnesota correctional institutions, an individual authorized by the Department of Corrections may be authorized by the commissioner to recommend licensure.
For staff serving in Minnesota community colleges, the dean of instruction or a designee may be authorized by the commissioner to recommend licensure.
Subp. 33.
[Repealed, 21 SR 804]
Subp. 34.
[Repealed, 21 SR 804]
Subp. 35.
[Repealed, 21 SR 804]
Subp. 36.
[Repealed, 21 SR 804]
Subp. 37. Personnel licensing section.
"Personnel licensing section" means the personnel licensing section of the Department of Education.
Subp. 38.
[Repealed, 21 SR 804]
Subp. 39.
[Repealed, 21 SR 804]
Subp. 40. Secondary vocational staff assignment report.
"Secondary vocational staff assignment report" means form #ED00375 that verifies from local districts that an assigned staff person is eligible for aid.
Subp. 41.
[Repealed, 21 SR 804]
Subp. 42.
[Repealed, 21 SR 804]
Subp. 43.
[Repealed, 21 SR 804]
Subp. 44.
[Repealed, 21 SR 804]
Subp. 45. Vocational education degree.
"Vocational education degree" means a baccalaureate or higher degree with a major in agriculture education, business education, home economics education, marketing education, industrial or industrial arts education, or vocational education. The degree must include the courses in the secondary vocational teacher education core and must meet all other requirements in the definition of "education degree" in subpart 18.
Subp. 46. Vocational or cooperative center.
"Vocational or cooperative center" means a vocational or cooperative center approved by the commissioner of education.
Subp. 47. Vocational program areas.
"Vocational program areas" means the occupational areas of agriculture, business occupations, health occupations, home economics/service occupations, marketing, and trade and industrial occupations.
History
- Statutory Authority: MS s 121.11; 125.05; 125.185; L 1993 c 224 art 12 s 34; L 1996 c 412 art 9 s 14
- History: 11 SR 2407; L 1987 c 258 s 12; L 1989 c 246 s 2; L 1995 1Sp3 art 16 s 13; 21 SR 804; L 1998 c 397 art 11 s 3; L 1998 c 398 art 5 s 55; L 2003 c 130 s 12; L 2017 1Sp5 art 12 s 22
Minn. R. 3517.0020 How This Chapter Applies
This chapter governs the procedure for licensure, as well as the duties, and the educational, technical, and occupational experience requirements for secondary vocational instructional, supportive, and administrative personnel who are required to be licensed by the commissioner of education. When this chapter conflicts with chapter 3515, this chapter governs for secondary vocational personnel.
Parts 3517.0040 to 3517.0080 set out duties that cause a person to need a license issued under this chapter.
Parts 3517.0082 to 3517.0090 set out the process of applying for a license.
Parts 3517.0100 to 3517.2140 set out the educational, technical, and occupational requirements that a person must meet to be licensed in a particular category of practice.
Parts 3517.3000 to 3517.3650 give more information about general education requirements, including the vocational teacher education sequence. Those parts set out the different types and amounts of education requirements for the different entrance licenses and renewals, regular five-year licenses, and reactivations of lapsed licenses.
Parts 3517.4000 to 3517.4200 set out the different ways of satisfying occupational experience requirements.
Parts 3517.6000 to 3517.6500 set out the conditions under which a person may be granted a part-time resource specialist license, limited license, substitute license, or letter of approval.
Parts 3517.7000 to 3517.7300 set out the requirements for renewals of nonadministrative, nonsupervisory five-year licenses.
Parts 3517.8000 to 3517.8400 govern the work of local vocational relicensure committees.
Parts 3517.8500 and 3517.8600 set out the requirements for renewals of administrative and supervisory licenses.
Parts 3517.9000 to 3517.9700 govern the approval of programs for teacher education.
History
- Statutory Authority: MS s 121.11; 125.185
- History: 11 SR 2407; L 1998 c 397 art 11 s 3; L 1998 c 398 art 5 s 55; L 2003 c 130 s 12
Minn. R. 3517.0030 [Renumbered 8750.0030]
[Renumbered 8750.0030]
Minn. R. 3517.0040 [Renumbered 8750.0040]
[Renumbered 8750.0040]
Minn. R. 3517.0050 [Renumbered 8750.0050]
[Renumbered 8750.0050]
Minn. R. 3517.0060 [Renumbered 8750.0060]
[Renumbered 8750.0060]
Minn. R. 3517.0070 [Renumbered 8750.0070]
[Renumbered 8750.0070]
Minn. R. 3517.0071 [Renumbered 8750.0071]
[Renumbered 8750.0071]
Minn. R. 3517.0072 [Renumbered 8750.0072]
[Renumbered 8750.0072]
Minn. R. 3517.0073 [Renumbered 8750.0073]
[Renumbered 8750.0073]
Minn. R. 3517.0080 Secondary Administrative and Supervisory Personnel
Subpart 1. Relevant rules.
Secondary administrative and supervisory personnel must meet the educational, technical, and occupational experience requirements in part 3517.0100 or 3517.0120 for each area of licensure sought. They must be licensed under the general provisions for licensure of instructional personnel in this chapter. In case of conflict, however, this part and parts 3517.0100, 3517.0120, 3517.8500, and 3517.8600 govern for secondary administrative and supervisory personnel.
Subp. 2. Who must be licensed.
A person holding a position as a secondary vocational director or vocational supervisor must be licensed under part 3517.0100 or 3517.0120 if the director or supervisor:
A. devotes more than 50 percent of assigned time to administrative or supervisory duties that require the use of independent judgment;
B. directs other employees or adjusts their grievances on behalf of the employer; and
C. has the authority to recommend the hiring, transfer, suspension, promotion, discharge, assignment, reward, or discipline of other employees on behalf of the employer.
Subp. 3. Licenses required.
Secondary local vocational program directors must hold Minnesota vocational licenses as secondary local vocational program directors.
Secondary supervisors and nonteaching coordinators or managers must hold Minnesota vocational licenses as secondary supervisors of the program area or special needs area to which assigned or as secondary program directors.
Postsecondary vocational directors or assistant directors assigned responsibility for secondary vocational programs must hold Minnesota vocational licenses as secondary local vocational program directors. For the period of July 1, 1987, to June 30, 1988, persons holding postsecondary vocational director or assistant director licensure and who were assigned verified secondary administrative responsibilities at any time from July 1, 1984, to June 30, 1987, are eligible for an entrance license as a secondary vocational director. To receive the license, they must submit a formal application, verifying their secondary assignment on the Secondary Vocational Staff Assignment Report (ED00375), and pay the processing fee. To renew the entrance license, the person must follow the renewal procedure in part 3517.0100, subpart 7, items A and B, including the peer review.
Subp. 4. Duties of program director.
A local vocational director may be employed by a school district or a combination of school districts to administer and supervise vocational programs and courses in grades kindergarten to 12 and to perform the following duties:
A. serving in one of the following administrative structures:
B. providing leadership for local planning in vocational education (for example, public and community relations, program planning and development, budgeting, procurement, staffing, evaluation, accountability, teacher education, communications, career education, guidance, placement, and follow-up); and
C. managing secondary vocational programs and personnel reimbursed from federal or state vocational funds.
Subp. 5. Duties of supervisors.
The duties of secondary local vocational supervisors are to:
A. develop, organize, implement, supervise, and promote vocational programs in the assigned vocational discipline or special needs area;
B. evaluate programs and instruction, equipment, facilities, and conditions for effective instruction to all students, including special needs;
C. prepare vocational reports (descriptive and statistical) required by local, state, and federal agencies;
D. recommend the purchase of equipment, supplies, and reference materials to the authorized local vocational administrator;
E. organize and consult with advisory committees in cooperation with vocationally interested individuals, organizations, associations, and companies;
F. provide leadership and encourage the development and improvement of vocational student organizations for all levels of programs assigned;
G. coordinate the assigned vocational programs with other educational programs, including special needs services;
H. provide for preservice and in-service teacher training in cooperation with teacher education institutions, business, and industry;
I. participate in relevant conferences and meetings to maintain currency in the assigned vocational discipline or special needs area;
J. when assigned to do so by the authorized local vocational administrator, direct other employees and adjust grievances on behalf of the employer;
K. when assigned to do so by the authorized local vocational administrator, make recommendations to hire, transfer, suspend, promote, discharge, assign, reward, or discipline other employees; and
L. for a special needs supervisor, provide for necessary support services to students with special needs.
History
- Statutory Authority: MS s 121.11; 125.185
- History: 11 SR 2407; L 1998 c 397 art 11 s 3; L 1998 c 398 art 5 s 55; L 2003 c 130 s 12
Minn. R. 3517.0082 Forms; Fees; Evaluation; and Validity
Subpart 1. Application forms.
Application forms for secondary vocational licensure are available from local school districts and from the personnel licensing section.
Subp. 2. Fees.
License fees are set by the Professional Educator Licensing and Standards Board and are nonrefundable except according to the rules of the board, part 8710.0200. For each application for vocational licensure, relicensure, or endorsement, the applicant shall pay the fee set by the board. However, if a vocational renewal and an endorsement are submitted to be reviewed simultaneously, both must be processed on the same fee.
Subp. 3. Evaluating credentials.
When an applicant submits credentials for licensure, the personnel licensing section shall evaluate them for compliance with this chapter. The section issues licenses for existing secondary vocational categories of practice.
Subp. 4. License validity.
A license becomes valid on the date approved by the personnel licensing section. An individual must hold a valid Minnesota license in the corresponding category of practice before receiving payment for services. Requests for corrections of omissions on licenses must be made to the section within a calendar year of the date of issuance. If a processing error results in issuance of a license to an individual who does not meet rule requirements for the license, the license is invalid. It is the applicant's responsibility to return the license to the personnel licensing section immediately for correction. A license must bear the date of issuance. A license expires the specified number of years from the July 1 nearest the date licensure was approved, except as provided in part 3517.0090. Renewal applications must be accepted by the personnel licensing section after January 1 of the year of expiration.
History
- Statutory Authority: MS s 121.11; 125.185
- History: 11 SR 2407; L 1998 c 397 art 11 s 3; L 2017 1Sp5 art 12 s 22
Minn. R. 3517.0085 Required Signatures
Subpart 1. When signature is not needed.
Except where otherwise stated in subpart 2 and in this chapter, an entrance licensure application accompanied by all required credentials need not be signed by an authorized local vocational administrator to be processed.
Subp. 2. When signature is required.
Applications for the following licenses must be signed by the authorized local vocational administrator:
A. renewal of a regular entrance license;
B. renewal of a license issued under the vocational teacher education sequence in parts 3517.3000 to 3517.3500;
C. initial or renewed limited license; and
D. initial or renewed substitute or part-time resource specialist license. A person who applies for renewal of an entrance license or a license issued under the vocational teacher education sequence, and who has not been employed in a Minnesota vocational program during the licensure period, shall contact an approved Minnesota teacher educator in the licensure field or an authorized local vocational administrator for consultation and for signature of the renewal recommendation.
History
- Statutory Authority: MS s 121.11; 125.185
- History: 11 SR 2407; L 1998 c 397 art 11 s 3
Minn. R. 3517.0090 Different Expiration Dates in Different Subjects
Subpart 1. Endorsements in areas related to current license.
When an applicant applies for endorsement in an area similar to one in which the applicant is already licensed under this chapter, the section shall give the endorsement the same expiration date as the one on the applicant's existing license, if the applicant has met current licensure requirements to hold full licensure in the endorsed category of practice.
Subp. 2. Multiple expiration dates.
Under certain conditions, to correlate multiple expiration dates, a licensee may apply a year early to renew a category of practice on a five-year vocational continuing license. The licensee may take this step if another similar full-time category on the license is due for renewal, and if the licensee has completed and verified the usual renewal requirements a year early.
History
- Statutory Authority: MS s 121.11; 125.05; 125.185; L 1993 c 224 art 12 s 34; L 1996 c 412 art 9 s 14
- History: 11 SR 2407; 21 SR 804; L 1998 c 397 art 11 s 3
Minn. R. 3517.0100 [Repealed, L 1993 c 224 art 12 s 39; L 1995 1Sp3 art 8 s 15]
[Repealed, L 1993 c 224 art 12 s 39; L 1995 1Sp3 art 8 s 15]
Minn. R. 3517.0110 Secondary Local Vocational Program Director
Subpart 1. Requirements.
An applicant for an entrance license to serve as a secondary local vocational program director must meet the requirements in subparts 2 to 6.
Subp. 2. Educational criteria.
The applicant must have:
A. a baccalaureate or graduate degree with an education major in one of the vocational program areas or in vocational education, vocational industrial technology education, vocational industrial education, or vocational technical education, or in technical degree areas as specified in the educational criteria for any one of the secondary occupational program areas;
B. a course in philosophy of vocational education completed before entrance licensure;
C. the human relations program as specified in part 8700.2700; and
D. a valid Minnesota vocational teacher's license to teach at the secondary or postsecondary level in one of the vocational program areas or in secondary vocational work experience programs for the disadvantaged or persons with disabilities.
Subp. 3. Educational criteria for those with nonvocational or noneducation degrees.
An applicant with a noneducation degree included in subpart 2, item A, or an education degree in a field other than those specified, shall meet the degree requirement for licensure as a secondary local vocational program director by verifying that the degree includes or has added to it at least three credits in each of the following courses:
A. vocational methods;
B. vocational course construction;
C. vocational tests and measurements;
D. philosophy of vocational education;
E. coordination techniques for cooperative education;
F. introduction to vocational administration or principles of management;
G. course dealing with special needs students in vocational education;
H. course in supervision techniques and principles;
I. use of computers in education; and
J. one additional course in vocational education.
Subp. 4. Technical coursework or competency.
The applicant must also satisfy the following technical requirements:
A. the applicant must have proficiency in the Minnesota education system as specified in item B, and in three of the following six competency areas as specified in item C, gained before entrance licensure: school finance, public relations, communications, school law, leadership and personnel management, and program planning and development; and
B. the applicant must demonstrate proficiency in the Minnesota educational system by submitting verification of three years of experience in vocational education in Minnesota in one or more of the following vocational education capacities:
C. The applicant must demonstrate proficiency in the chosen competency areas by satisfying one of the following criteria:
Subp. 5. Validity.
A license under this part is valid to permit the licensee to serve as:
A. a secondary local vocational program director; or
B. a secondary vocational program supervisor or secondary supervisor of special needs services.
Subp. 6. Renewal for first five-year licensure.
To renew a license under this part, a licensed person must take these steps:
A. An individual holding an entrance license as a director of local secondary vocational programs is eligible to apply for additional two-year entrance licenses when employment has not been obtained as a local vocational director. An application for a repeated two-year entrance license or the first five-year continuing license must be signed by the local program director authorized by the local vocational administrator or supervising superintendent.
B. The renewal procedure to gain the first five year continuing license must include a review by a team of peers at the end of the applicant's first year of licensed service as a director. The peer review must produce a plan for the applicant to complete the competency requirements in subpart 4 during the second year of licensed service as a director. The competency plan must become a part of the applicant's permanent licensure file. If the first year of licensed service as a director does not occur until the second year of the entrance license, the team of peers may recommend a one year renewal to allow time for the applicant to complete the competency requirements. Renewal for the first five-year continuing license requires demonstration of proficiency in all the competency areas listed in subpart 4.
C. Renewal of later five-year continuing licenses requires completion of administrative or supervisory continuing education as specified in part 3512.2300, subpart 3.
History
- Statutory Authority: MS s 125.05; L 1993 c 224 art 12 s 34; L 1996 c 412 art 9 s 14
- History: 21 SR 804; L 1998 c 397 art 11 s 3; L 2005 c 56 s 2
Minn. R. 3517.0120 [Repealed, L 1993 c 224 art 12 s 39; L 1995 1Sp3 art 8 s 15]
[Repealed, L 1993 c 224 art 12 s 39; L 1995 1Sp3 art 8 s 15]
Minn. R. 3517.0200 [Renumbered 8750.0200]
[Renumbered 8750.0200]
Minn. R. 3517.0220 [Renumbered 8750.0220]
[Renumbered 8750.0220]
Minn. R. 3517.0240 [Renumbered 8750.0240]
[Renumbered 8750.0240]
Minn. R. 3517.0260 [Renumbered 8750.0260]
[Renumbered 8750.0260]
Minn. R. 3517.0300 [Renumbered 8750.0300]
[Renumbered 8750.0300]
Minn. R. 3517.0320 [Renumbered 8750.0320]
[Renumbered 8750.0320]
Minn. R. 3517.0330 [Renumbered 8750.0330]
[Renumbered 8750.0330]
Minn. R. 3517.0350 [Renumbered 8750.0350]
[Renumbered 8750.0350]
Minn. R. 3517.0370 [Renumbered 8750.0370]
[Renumbered 8750.0370]
Minn. R. 3517.0390 [Renumbered 8750.0390]
[Renumbered 8750.0390]
Minn. R. 3517.0410 [Renumbered 8750.0410]
[Renumbered 8750.0410]
Minn. R. 3517.0430 [Renumbered 8750.0430]
[Renumbered 8750.0430]
Minn. R. 3517.0460 [Renumbered 8750.0460]
[Renumbered 8750.0460]
Minn. R. 3517.0500 [Renumbered 8750.0500]
[Renumbered 8750.0500]
Minn. R. 3517.0520 [Renumbered 8750.0520]
[Renumbered 8750.0520]
Minn. R. 3517.0600 [Renumbered 8750.0600]
[Renumbered 8750.0600]
Minn. R. 3517.0620 [Renumbered 8750.0620]
[Renumbered 8750.0620]
Minn. R. 3517.0700 [Renumbered 8750.0700]
[Renumbered 8750.0700]
Minn. R. 3517.0720 [Renumbered 8750.0720]
[Renumbered 8750.0720]
Minn. R. 3517.0740 [Renumbered 8750.0740]
[Renumbered 8750.0740]
Minn. R. 3517.0760 [Renumbered 8750.0760]
[Renumbered 8750.0760]
Minn. R. 3517.0780 [Renumbered 8750.0780]
[Renumbered 8750.0780]
Minn. R. 3517.0800 [Renumbered 8750.0800]
[Renumbered 8750.0800]
Minn. R. 3517.0820 [Renumbered 8750.0820]
[Renumbered 8750.0820]
Minn. R. 3517.0840 [Renumbered 8750.0840]
[Renumbered 8750.0840]
Minn. R. 3517.0860 [Renumbered 8750.0860]
[Renumbered 8750.0860]
Minn. R. 3517.0880 [Renumbered 8750.0880]
[Renumbered 8750.0880]
Minn. R. 3517.0890 [Renumbered 8750.0890]
[Renumbered 8750.0890]
Minn. R. 3517.0900 [Renumbered 8750.0900]
[Renumbered 8750.0900]
Minn. R. 3517.0920 [Renumbered 8750.0920]
[Renumbered 8750.0920]
Minn. R. 3517.1000 [Renumbered 8750.1000]
[Renumbered 8750.1000]
Minn. R. 3517.1100 [Renumbered 8750.1100]
[Renumbered 8750.1100]
Minn. R. 3517.1120 [Renumbered 8750.1120]
[Renumbered 8750.1120]
Minn. R. 3517.1200 [Renumbered 8750.1200]
[Renumbered 8750.1200]
Minn. R. 3517.1220 [Renumbered 8750.1220]
[Renumbered 8750.1220]
Minn. R. 3517.1240 [Renumbered 8750.1240]
[Renumbered 8750.1240]
Minn. R. 3517.1260 [Renumbered 8750.1260]
[Renumbered 8750.1260]
Minn. R. 3517.1280 [Renumbered 8750.1280]
[Renumbered 8750.1280]
Minn. R. 3517.1300 [Renumbered 8750.1300]
[Renumbered 8750.1300]
Minn. R. 3517.1320 [Renumbered 8750.1320]
[Renumbered 8750.1320]
Minn. R. 3517.1340 [Renumbered 8750.1340]
[Renumbered 8750.1340]
Minn. R. 3517.1360 [Renumbered 8750.1360]
[Renumbered 8750.1360]
Minn. R. 3517.1380 [Renumbered 8750.1380]
[Renumbered 8750.1380]
Minn. R. 3517.1400 [Renumbered 8750.1400]
[Renumbered 8750.1400]
Minn. R. 3517.1420 [Renumbered 8750.1420]
[Renumbered 8750.1420]
Minn. R. 3517.1440 [Renumbered 8750.1440]
[Renumbered 8750.1440]
Minn. R. 3517.1500 [Renumbered 8750.1500]
[Renumbered 8750.1500]
Minn. R. 3517.1520 [Renumbered 8750.1520]
[Renumbered 8750.1520]
Minn. R. 3517.1540 [Renumbered 8750.1540]
[Renumbered 8750.1540]
Minn. R. 3517.1560 [Renumbered 8750.1560]
[Renumbered 8750.1560]
Minn. R. 3517.1580 [Renumbered 8750.1580]
[Renumbered 8750.1580]
Minn. R. 3517.1600 [Renumbered 8750.1600]
[Renumbered 8750.1600]
Minn. R. 3517.1700 [Renumbered 8750.1700]
[Renumbered 8750.1700]
Minn. R. 3517.1800 [Renumbered 8750.1800]
[Renumbered 8750.1800]
Minn. R. 3517.1820 [Renumbered 8750.1820]
[Renumbered 8750.1820]
Minn. R. 3517.1840 [Renumbered 8750.1840]
[Renumbered 8750.1840]
Minn. R. 3517.1860 [Renumbered 8750.1860]
[Renumbered 8750.1860]
Minn. R. 3517.1880 [Renumbered 8750.1880]
[Renumbered 8750.1880]
Minn. R. 3517.1900 [Renumbered 8750.1900]
[Renumbered 8750.1900]
Minn. R. 3517.1920 [Renumbered 8750.1920]
[Renumbered 8750.1920]
Minn. R. 3517.1930 [Renumbered 8750.1930]
[Renumbered 8750.1930]
Minn. R. 3517.1940 [Renumbered 8750.1940]
[Renumbered 8750.1940]
Minn. R. 3517.1960 [Renumbered 8750.1960]
[Renumbered 8750.1960]
Minn. R. 3517.1980 [Renumbered 8750.1980]
[Renumbered 8750.1980]
Minn. R. 3517.2000 [Renumbered 8750.2000]
[Renumbered 8750.2000]
Minn. R. 3517.2020 [Renumbered 8750.2020]
[Renumbered 8750.2020]
Minn. R. 3517.2040 [Renumbered 8750.2040]
[Renumbered 8750.2040]
Minn. R. 3517.2060 [Renumbered 8750.2060]
[Renumbered 8750.2060]
Minn. R. 3517.2080 [Renumbered 8750.2080]
[Renumbered 8750.2080]
Minn. R. 3517.2100 [Renumbered 8750.2100]
[Renumbered 8750.2100]
Minn. R. 3517.2120 [Renumbered 8750.2120]
[Renumbered 8750.2120]
Minn. R. 3517.2140 [Renumbered 8750.2140]
[Renumbered 8750.2140]
Minn. R. 3517.3000 Qualification for Licensure
A person required to hold a license shall meet licensure requirements in this chapter for each category in which the person practices.
An applicant shall meet the educational, technical, and occupational experience requirements in parts 3517.0100 to 3517.2140 for each licensure category of practice sought.
History
- Statutory Authority: MS s 121.11; 125.185
- History: 11 SR 2407; L 1998 c 397 art 11 s 3
Minn. R. 3517.3050 [Renumbered 8750.3050]
[Renumbered 8750.3050]
Minn. R. 3517.3100 [Renumbered 8750.3100]
[Renumbered 8750.3100]
Minn. R. 3517.3150 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3517.3170 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3517.3200 [Renumbered 8750.3200]
[Renumbered 8750.3200]
Minn. R. 3517.3250 [Renumbered 8750.3250]
[Renumbered 8750.3250]
Minn. R. 3517.3300 [Renumbered 8750.3300]
[Renumbered 8750.3300]
Minn. R. 3517.3350 [Renumbered 8750.3350]
[Renumbered 8750.3350]
Minn. R. 3517.3400 [Renumbered 8750.3400]
[Renumbered 8750.3400]
Minn. R. 3517.3420 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3517.3450 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3517.3500 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3517.3550 [Renumbered 8750.3550]
[Renumbered 8750.3550]
Minn. R. 3517.3600 [Renumbered 8750.3600]
[Renumbered 8750.3600]
Minn. R. 3517.3620 [Renumbered 8750.3620]
[Renumbered 8750.3620]
Minn. R. 3517.3650 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3517.3800 [Renumbered 8750.3800]
[Renumbered 8750.3800]
Minn. R. 3517.3810 Procedures for Voluntary Surrender of Licenses
A person holding a license granted by the commissioner of education may voluntarily surrender the license by submitting required materials to the manager of the personnel licensing section of the department. The required materials and procedures to be followed are in part 3512.1300.
History
- Statutory Authority: MS s 125.05; L 1993 c 224 art 12 s 34; L 1996 c 412 art 9 s 14
- History: 21 SR 804; L 1998 c 397 art 11 s 3; L 1998 c 398 art 5 s 55; L 2003 c 130 s 12
Minn. R. 3517.3820 Suspension and Revocation of Licenses
The license of a vocational administrator or supervisor may be revoked or suspended as in part 3512.2400.
History
- Statutory Authority: MS s 125.05; L 1993 c 224 art 12 s 34; L 1996 c 412 art 9 s 14
- History: 21 SR 804; L 1998 c 397 art 11 s 3
Minn. R. 3517.4000 Occupational Experience
Subpart 1. Definition.
Except where otherwise stated in this chapter, "occupational experience" means work experience, paid in money, outside of education or teaching, that demonstrates success in the occupational emphasis areas and related areas specified in the category of practice for which the applicant is seeking licensure. At least 500 hours of work experience must be in one or more emphasis areas within the five-year period immediately before the date the license is to be issued.
Subp. 2. Secondary vocational nonoccupational staff.
Administrative, supervisory, and special needs staff of a local school district who do not teach in occupational program areas shall accumulate occupational experience, outside education or teaching, in a job or jobs specified in parts 3517.0100, 3517.0120, and 3517.0200 to 3517.2140 within the program emphasis areas or related areas.
Subp. 3. Verification.
Verification of occupational experience for a salaried employee must be provided on work verification forms by the applicant's employer. It must include place of employment, length and dates of employment, total number of hours employed, job classification, description of job duties, and a specific statement of success. If the employer has died or cannot be located because of a transfer, or if the business has closed, the same information may be verified by:
A. the applicant's immediate supervisor during the employment period; or
B. a coworker of similar status during the employment period and appropriate tax or social security records of the applicant. If a supervisor or coworker verifies the experience, the applicant shall document reasonable previous efforts to obtain verification from the actual employer. Applicants who receive W-2 salary forms as owners or managers of their own privately held corporations must be considered self-employed, and they are governed by part 3517.4100. Verification of occupational experience is subject to Minnesota Statutes, section 122A.20, subdivision 1, clause (5) on submitting fraudulent evidence.
Subp. 4. Military experience.
The personnel licensing section shall accept occupational experience obtained in the military if it is verified by a DD Form 214 and corresponding military assignment or review records that verify and identify the experience as within the emphasis areas or related areas in parts 3517.0200 to 3517.1440 or 3517.1800 to 3517.2140. Verified military experience shall be accepted for up to two-thirds of the total required occupational hours. The military hours may be applied toward hours in related areas, but not toward the required hours in the emphasis area and they do not meet the recency requirements. The remaining one-third of the required hours must be accumulated in the typical civilian setting for the category of practice sought in order to ensure that the applicant is familiar with the usual job environment for the specific category of practice.
History
- Statutory Authority: MS s 121.11; 125.185
- History: 11 SR 2407; L 1998 c 397 art 11 s 3
Minn. R. 3517.4100 Self-Employment Experience
Subpart 1. How to qualify.
Occupational experience obtained through self-employment in emphasis areas or related areas in parts 3517.0100 to 3517.2140 meets the occupational experience requirements if:
A. self-employment hours are paid occupational experience as verified by Department of Revenue tax reports of paid income from this source, with appropriate backup records; and
B. self-employment hours have been earned within the corresponding business or industry setting for the specific category of practice sought, as verified by evidence documenting that the self-employed business exists, is licensed if required by law or rule, and complies with laws or rules that regulate the business or industry.
Subp. 2. Exception for nontraditional experience.
When self-employment hours have been obtained in designated emphasis or related areas, but within a different occupational setting, or as part of a different occupational role, than that commonly associated with the emphasis area for which the license is valid, the self-employment hours do not count:
A. toward the required hours in the emphasis area; and
B. toward more than two-thirds of the total required hours. To be acceptable in related areas, the nontraditional self-employment hours must constitute paid occupational experience as verified by Department of Revenue tax reports of paid income from this source, with appropriate backup records verifying the information requested in part 3517.4000, subpart 3.
Subp. 3. Verification.
Verification based on Department of Revenue tax records named in subpart 1 or 2 must be documented as follows:
A. The Department of Revenue tax reports and appropriate backup records must be reviewed by the applicant's certified public accountant, attorney, tax preparer, banker, or similar professional business representative who is substantially engaged in business practices and business record keeping.
B. The reviewing professional shall determine and verify duties and commensurate number of hours of paid employment consistent with declared income in the reviewed revenue documents and applicable to requirements of these licensure rules.
C. The reviewing professional must verify results of the review on a standard affidavit form provided by the personnel licensing section.
Subp. 4. Fraud.
Verification of self-employment is subject to Minnesota Statutes, section 122A.20, subdivision 1, clause (5) on submitting fraudulent evidence.
Subp. 5. Employment on nonsalary status.
When occupational experience hours in emphasis areas and related areas specified in parts 3517.0100 to 3517.2140 have been obtained through any employment that has not resulted in issuing a W-2 statement, the applicant must be considered a self-employed independent contractor, and this part applies.
History
- Statutory Authority: MS s 121.11; 125.185
- History: 11 SR 2407; L 1998 c 397 art 11 s 3
Minn. R. 3517.4200 Alternate Forms of Occupational Experience
Subpart 1. Who may use.
Except where otherwise stated in this part and in parts 3517.0100 to 3517.2140, an applicant may use the following alternative experiences to meet occupational experience requirements. The alternatives may not be used by nonbaccalaureate applicants who have completed less than a two year program in the category of practice.
Subp. 2. Directed occupational experience.
For each two hours of the regular occupational experience requirement, an applicant may substitute one hour of preplanned occupational experience directed through a licensing program for vocational teacher education that has been approved as specified in part 3517.9100. The personnel licensing section, in consultation with the appropriate vocational program specialists, may make arrangements with colleges and universities to provide directed work experience supervision. Out of state colleges not eligible for the program approval process may get approval by verifying to the section and the appropriate state program specialist a program that meets the criteria, including evaluation, used to evaluate Minnesota programs in directed occupational experience. The supervisor directing the out-of-state internship must possess professional qualifications equivalent to those required of a Minnesota internship supervisor who is eligible for authorization under item A.
The directed occupational experience must meet the following criteria for approval:
A. Except for out of state colleges, the experience must be directed by an internship supervisor who must be a vocational teacher educator, as authorized by the Joint Council for Vocational Teacher Educators.
B. The training station must be approved by the internship supervisor prior to approval of the training plan and employment.
C. The applicant's training plan and agreement must be developed prior to employment and must be kept on file by the teacher education institution for five years.
D. One copy of the work verification form must be made part of the applicant's permanent record maintained by the teacher education institution.
E. The experience must be paid work.
F. The training plan and agreement must:
G. An applicant must be visited two or more times per quarter, once during a summer session. When this is not possible, a designee can be identified by the internship supervisor with communication with the state program specialist.
H. The ratio of clock hours of work to collegiate credits must be at least 40 to 1.
Subp. 3. Competency based occupational exam.
An applicant may submit evidence of successful completion of a competency based occupational exam preapproved by the board. The personnel licensing section shall accept the evidence as proof of occupational competency in place of two-thirds of the total occupational experience requirements, including the most recent 500 hours. The exam must have been completed within five years of the date the license is issued. This alternative form of occupational experience must not be used when the competency based occupational exam is the same exam taken by the applicant to obtain licensure to practice in the particular occupation. In this subpart, "successful completion" means scoring within one standard deviation below the mean score supplied by the agency providing the competency based exam.
Subp. 4. Updating industrial experience.
An updating experience conducted in the appropriate business or industry setting, or within a formal technical training setting in appropriate business, industry, or appropriate postsecondary education, may be substituted for the required 500 hours of occupational experience within the past five years in the emphasis area. The experience must be completed within the five year period just before the date that the license is to be issued. The experience must consist of one or a combination of the following:
A. Six quarter credits, involving at least 120 clock hours of work by the applicant, preapproved through the program approval process in part 3517.9100. Each quarter credit substitutes for 80 occupational experience hours. This experience must meet the following criteria for approval:
B. 120 clock hours of technical training in the emphasis area preapproved by the personnel licensing section in consultation with the appropriate secondary vocational program specialist, or by a department chair, designated by the secondary vocational program specialist, of an approved Minnesota college. Each technical training hour substitutes for four occupational experience hours. This updating industrial experience option must meet the following criteria for approval:
Subp. 5. Community based training.
For up to 500 hours of the occupational experience, including the required 500 recent hours, an applicant may substitute an unpaid direct training experience in the traditional setting for the program emphasis area. The training experience must be preapproved by the personnel licensing section in consultation with the appropriate secondary vocational program specialist or by the corresponding department chair of an approved Minnesota college in consultation with the appropriate secondary vocational program specialist. Three hours of training substitutes for one occupational experience hour.
Subp. 6. Vocational administrative or supervisory experience.
An applicant may use paid vocational administrative or supervisory experience to meet the required 500 hours of occupational experience within the past five years to obtain a secondary director's or secondary supervisor's license. The experience may be used for this purpose if:
A. the authorized local vocational administrator verifies in writing that the paid work meets the description of administration or supervision in part 3517.0080; and
B. the required total hours of occupational experience have been verified.
Subp. 7. Funded Minnesota technical college vocational teaching.
An applicant who seeks to add an existing secondary vocational category of practice to a valid postsecondary vocational license in the same category of practice may substitute Minnesota technical college teaching within the past five years in that category of practice for the required recent 500 hours in an emphasis area. One year (1,080 hours) of vocationally funded teaching substitutes for the prerequisite 500 hours.
Subp. 8. Teacher coordinator endorsement.
Unless otherwise stated in this chapter, when an applicant is applying for an endorsement to add teacher coordinator to a current, valid teaching license within the same vocational program area, or to add special needs teacher coordinator to a valid service area teaching license, the 500 hour recency requirement does not apply if:
A. the applicant has verified the total required appropriate hours specified for teacher coordinator licensure;
B. the applicant met the recency requirement to obtain the preceding category of practice; and
C. the applicant has taught on a vocational license at least one year (1,080 hours) within the past five in a vocationally funded occupational program in the same vocational program area.
History
- Statutory Authority: MS s 121.11; 125.185
- History: 11 SR 2407; L 1987 c 258 s 12; L 1989 c 246 s 2; L 1998 c 397 art 11 s 3; L 2005 c 56 s 2
Minn. R. 3517.6000 [Renumbered 8750.6000]
[Renumbered 8750.6000]
Minn. R. 3517.6100 [Renumbered 8750.6100]
[Renumbered 8750.6100]
Minn. R. 3517.6200 [Renumbered 8750.6200]
[Renumbered 8750.6200]
Minn. R. 3517.6300 [Renumbered 8750.6300]
[Renumbered 8750.6300]
Minn. R. 3517.6500 [Renumbered 8750.6500]
[Renumbered 8750.6500]
Minn. R. 3517.7000 [Renumbered 8750.7000]
[Renumbered 8750.7000]
Minn. R. 3517.7100 [Renumbered 8750.7100]
[Renumbered 8750.7100]
Minn. R. 3517.7200 [Renumbered 8750.7200]
[Renumbered 8750.7200]
Minn. R. 3517.7300 [Renumbered 8750.7300]
[Renumbered 8750.7300]
Minn. R. 3517.8000 [Renumbered 8750.8000]
[Renumbered 8750.8000]
Minn. R. 3517.8100 [Renumbered 8750.8100]
[Renumbered 8750.8100]
Minn. R. 3517.8200 [Renumbered 8750.8200]
[Renumbered 8750.8200]
Minn. R. 3517.8300 [Renumbered 8750.8300]
[Renumbered 8750.8300]
Minn. R. 3517.8400 [Renumbered 8750.8400]
[Renumbered 8750.8400]
Minn. R. 3517.8500 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3517.8600 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3517.9000 [Renumbered 8750.9000]
[Renumbered 8750.9000]
Minn. R. 3517.9100 [Renumbered 8750.9100]
[Renumbered 8750.9100]
Minn. R. 3517.9200 [Renumbered 8750.9200]
[Renumbered 8750.9200]
Minn. R. 3517.9300 [Renumbered 8750.9300]
[Renumbered 8750.9300]
Minn. R. 3517.9400 [Renumbered 8750.9400]
[Renumbered 8750.9400]
Minn. R. 3517.9500 [Renumbered 8750.9500]
[Renumbered 8750.9500]
Minn. R. 3517.9600 [Renumbered 8750.9600]
[Renumbered 8750.9600]
Minn. R. 3517.9700 [Renumbered 8750.9700]
[Renumbered 8750.9700]
Chapter 3520 STUDENT TRANSPORTATION
Minn. R. 3520.0200 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.0300 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.0400 [Repealed, L 2003 1Sp9 art 10 s 14]
[Repealed, L 2003 1Sp9 art 10 s 14]
Minn. R. 3520.0500 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.0600 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.0700 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.0800 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.0900 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.1000 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.1100 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.1200 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.1300 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.1400 [Repealed, L 2003 1Sp9 art 10 s 14]
[Repealed, L 2003 1Sp9 art 10 s 14]
Minn. R. 3520.1500 Free and Equal Transport to District Boundary
An eligible resident pupil shall receive free and equal transportation to the appropriate school district boundary if there is no nonpublic school within the district maintaining grades or departments that are maintained in another district, or if attendance can more safely, economically, or conveniently be provided by such means.
A nonpublic school located within the resident district shall be deemed unavailable if it does not maintain the appropriate grades or departments. The term "appropriate department" shall include a department of religion.
The public school administration shall annually and as necessary consult with the appropriate nonpublic school administration on attendance areas, safety, economics, conveniences, and availability of space for the pupils.
The final determination as to whether transportation shall be provided to the boundary of the resident district shall be made by the public school board pursuant to law.
Where transportation is provided within the district to the boundary of the district and the school district is eligible for transportation aid for such transportation, the "within the district" limitation shall not be applied in an arbitrary manner. Safety factors in loading or unloading buses at or near the school district boundary shall be given due consideration. Transporting pupils a reasonable distance into the adjoining district or stopping short of the district boundary to assure safety of the pupils shall be determined by the public school board.
History
- Statutory Authority: MS s 121.11
- History: L 1998 c 397 art 11 s 3
Minn. R. 3520.1600 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.1700 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.1800 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.1900 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.2000 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.2100 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.2200 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.2300 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.2400 [Repealed, L 1993 c 224 art 12 s 39; L 1994 c 647 art 12 s 35; 20 SR 722]
[Repealed, L 1993 c 224 art 12 s 39; L 1994 c 647 art 12 s 35; 20 SR 722]
Minn. R. 3520.2500 [Repealed, L 1993 c 224 art 12 s 39; L 1994 c 647 art 12 s 35; 20 SR 722]
[Repealed, L 1993 c 224 art 12 s 39; L 1994 c 647 art 12 s 35; 20 SR 722]
Minn. R. 3520.2600 [Repealed, L 1993 c 224 art 12 s 39; L 1994 c 647 art 12 s 35; 20 SR 722]
[Repealed, L 1993 c 224 art 12 s 39; L 1994 c 647 art 12 s 35; 20 SR 722]
Minn. R. 3520.2700 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.2800 [Repealed, L 1993 c 224 art 12 s 39; L 1994 c 647 art 12 s 35; 20 SR 722]
[Repealed, L 1993 c 224 art 12 s 39; L 1994 c 647 art 12 s 35; 20 SR 722]
Minn. R. 3520.2900 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.3000 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.3100 [Repealed, L 1993 c 224 art 12 s 39; L 1994 c 647 art 12 s 35; 20 SR 722]
[Repealed, L 1993 c 224 art 12 s 39; L 1994 c 647 art 12 s 35; 20 SR 722]
Minn. R. 3520.3200 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.3300 [Repealed, L 2003 1Sp9 art 10 s 14]
[Repealed, L 2003 1Sp9 art 10 s 14]
Minn. R. 3520.3400 [Repealed, L 1993 c 224 art 12 s 39; L 1994 c 647 art 12 s 35; 20 SR 722]
[Repealed, L 1993 c 224 art 12 s 39; L 1994 c 647 art 12 s 35; 20 SR 722]
Minn. R. 3520.3500 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.3600 [Repealed, L 1994 c 647 art 12 s 43]
[Repealed, L 1994 c 647 art 12 s 43]
Minn. R. 3520.3680 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.3700 [Repealed, L 1994 c 647 art 12 s 43]
[Repealed, L 1994 c 647 art 12 s 43]
Minn. R. 3520.3701 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.3800 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.3801 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.3802 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.3900 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.4000 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.4001 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.4100 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.4200 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.4201 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.4210 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.4220 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.4230 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.4240 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.4250 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.4260 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.4300 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.4301 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.4400 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.4500 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.4510 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.4520 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.4530 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.4531 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.4540 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.4550 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.4560 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.4570 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.4580 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.4600 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.4610 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.4620 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.4630 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.4640 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.4650 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.4660 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.4670 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.4680 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.4690 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.4700 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.4701 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.4710 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.4711 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.4720 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.4730 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.4731 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.4740 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.4741 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.4750 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.4760 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.4761 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.4770 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.4800 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.4801 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.4810 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.4811 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.4820 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.4830 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.4831 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.4840 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.4850 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.4860 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.4870 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.4900 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.4910 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.4920 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.4930 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.4940 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.4950 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.4960 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.4970 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.4980 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.4990 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.5000 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.5010 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.5020 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.5100 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.5110 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.5111 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.5120 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.5130 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.5140 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.5141 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.5150 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.5151 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.5160 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.5170 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.5171 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.5180 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.5190 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.5200 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.5210 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.5220 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.5230 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.5300 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.5310 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.5320 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.5330 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.5340 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.5350 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.5360 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.5361 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.5370 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.5380 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.5400 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.5401 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.5410 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.5420 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.5430 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.5440 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.5450 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.5460 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.5461 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.5470 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.5471 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.5480 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.5481 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.5490 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.5500 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.5510 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.5520 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.5530 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.5531 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.5540 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.5550 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.5551 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.5560 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.5570 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.5580 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.5600 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.5610 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.5611 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.5700 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.5710 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.5800 [Repealed, 13 SR 1860]
[Repealed, 13 SR 1860]
Minn. R. 3520.5900 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.5910 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3520.5920 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Chapter 3525 CHILDREN WITH A DISABILITY
Minn. R. 3525.0200 Repealed by subpart
Subpart 1.
[Repealed, 28 SR 1292]
Subp. 1a.
[Renumbered 3525.0210, subp. 2]
Subp. 1b.
[Renumbered 3525.0210, subp. 3]
Subp. 1c.
[Renumbered subp. 2d]
Subp. 1d.
[Renumbered 3525.0210, subp. 5]
Subp. 1e.
[Renumbered 3525.0210, subp. 6]
Subp. 1f.
[Renumbered 3525.0210, subp. 7]
Subp. 1g.
[Renumbered 3525.0210, subp. 9]
Subp. 1h.
[Renumbered 3525.0210, subp. 10]
Subp. 2.
[Renumbered 3525.0210, subp. 11]
Subp. 2a.
[Renumbered 3525.0210, subp. 13]
Subp. 2b.
[Renumbered 3525.0210, subp. 14]
Subp. 2c.
[Renumbered 3525.0210, subp. 17]
Subp. 2d.
[Renumbered 3525.0210, subp. 18]
Subp. 2e.
[Renumbered 3525.0210, subp. 19]
Subp. 3.
[Repealed, 8 SR 596]
Subp. 3a.
[Renumbered 3525.0210, subp. 22]
Subp. 3b.
[Renumbered 3525.0210, subp. 23]
Subp. 4.
[Repealed, 8 SR 596]
Subp. 4a.
[Renumbered 3525.0210, subp. 24]
Subp. 5.
[Repealed, 8 SR 596]
Subp. 6.
[Repealed, 8 SR 596]
Subp. 6a.
[Repealed, 24 SR 1799]
Subp. 7.
[Repealed, 8 SR 596]
Subp. 7a.
[Repealed, 26 SR 657]
Subp. 8.
[Repealed, 8 SR 596]
Subp. 8a.
[Renumbered 3525.0210, subp. 26]
Subp. 8b.
[Repealed, 19 SR 2432]
Subp. 8c.
[Renumbered 3525.0210, subp. 27]
Subp. 8d.
[Renumbered 3525.0210, subp. 28]
Subp. 8e.
[Renumbered 3525.0210, subp. 29]
Subp. 8f.
[Renumbered 3525.0210, subp. 30]
Subp. 9.
[Repealed, 8 SR 596]
Subp. 9a.
[Repealed, 14 SR 281]
Subp. 9b.
[Repealed, 19 SR 2432]
Subp. 10.
[Renumbered 3525.0210, subp. 32]
Subp. 10a.
[Renumbered 3525.0210, subp. 33]
Subp. 11.
[Repealed, 8 SR 596]
Subp. 11a.
[Repealed, 24 SR 1799]
Subp. 12.
[Repealed, 8 SR 596]
Subp. 13.
[Repealed, 8 SR 596]
Subp. 14.
[Repealed, 8 SR 596]
Subp. 15.
[Repealed, 8 SR 596]
Subp. 15a.
[Renumbered 3525.0210, subp. 35]
Subp. 16.
[Repealed, 8 SR 596]
Subp. 16a.
[Renumbered 3525.0210, subp. 36]
Subp. 17.
[Repealed, 8 SR 596]
Subp. 17a.
[Renumbered 3525.0210, subp. 37]
Subp. 18.
[Repealed, 8 SR 596]
Subp. 18a.
[Renumbered 3525.0210, subp. 38]
Subp. 18b.
[Repealed, 19 SR 2432]
Subp. 19.
[Repealed, 8 SR 596]
Subp. 19a.
[Renumbered 3525.0210, subp. 39]
Subp. 19b.
[Renumbered 3525.0210, subp. 41]
Subp. 20.
[Repealed, 8 SR 596]
Subp. 20a.
[Renumbered 3525.0210, subp. 42]
Subp. 20b.
[Renumbered 3525.0210, subp. 43]
Subp. 21.
[Repealed, 8 SR 596]
Subp. 22.
[Repealed, 8 SR 596]
Subp. 23.
[Repealed, 16 SR 1543]
Subp. 24.
[Renumbered 3525.0210, subp. 44]
Subp. 25.
[Renumbered 3525.0210, subp. 45]
Subp. 25a.
[Renumbered 3525.0210, subp. 46]
Subp. 25b.
[Renumbered 3525.0210, subp. 47]
Subp. 26.
[Renumbered 3525.0210, subp. 48]
Minn. R. 3525.0210 Definitions
Subpart 1. Scope.
As used in parts 3525.0210 to 3525.4770, the terms defined in this part have the meanings given them.
Subp. 2. Administrator or administrative designee.
"Administrator" or "administrative designee" means a representative of the school district, other than the pupil's teacher, who is licensed to provide or supervise the provision of special education and who has the authority to make decisions about the appropriateness of the proposed program and who has the authority to commit the responsible district's resources.
Subp. 3. Aids.
"Aids" means equipment, devices, and materials and curriculum adaptations which enable a pupil to achieve satisfactorily in the regular classroom.
Subp. 4. Alternative dispute resolution (ADR).
"Alternative dispute resolution" (ADR) means any voluntary process used to resolve a special education dispute which is not a due process hearing or a state complaint.
Subp. 5.
[Repealed, L 2009 c 96 art 3 s 22]
Subp. 6.
[Repealed, L 2009 c 96 art 3 s 22]
Subp. 7. Community-based.
"Community-based" means a service, program, or environment located outside the district with nondistrict governance.
Subp. 8. Conciliation conference.
"Conciliation conference" means a meeting held for the purpose of resolving a dispute between the parents and district over identification, evaluation, educational placement, manifestation determination, interim alternative educational placement, or the provision of a free appropriate public education (FAPE) to a child with a disability. A conciliation conference must have in attendance, at a minimum, a parent and a district staff person with authority to resolve the dispute.
Subp. 9.
[Repealed, L 2009 c 96 art 3 s 22]
Subp. 10. Cultural liaison.
"Cultural liaison" means a person who is of the same racial, cultural, socioeconomic, or linguistic background as the pupil, and who:
A. provides information to the IEP team about the pupil's race, cultural, socioeconomic, and linguistic background;
B. assists the IEP team in understanding how racial, cultural, socioeconomic, and linguistic factors impact educational progress; and
C. facilitates the pupil's parent's understanding and involvement in the special education process. If a person who is of the same racial, cultural, socioeconomic, or linguistic background as the pupil is not available, then a person who has knowledge of the pupil's racial, cultural, socioeconomic, and linguistic background may act as a cultural liaison.
Subp. 11. Days.
"Days" means business day, calendar day, or school day as defined in Code of Federal Regulations, title 34, section 300.11.
Subp. 12. Department.
"Department" means the Minnesota Department of Education.
Subp. 13.
[Repealed, L 2009 c 96 art 3 s 22]
Subp. 14. Direct services.
"Direct services" means special education services provided by a teacher or a related service professional when the services are related to instruction, including cooperative teaching.
Subp. 15. District.
"District" means any local education agency, charter school, or state agency that provides education services to pupils.
Subp. 16. Due process hearing or hearing.
"Due process hearing" or "hearing" refers to a special education due process hearing or expedited due process hearing pursuant to Minnesota Statutes, section 125A.091, and Code of Federal Regulations, title 34, subpart E.
Subp. 17.
[Repealed, L 2009 c 96 art 3 s 22]
Subp. 18. Evaluation or reevaluation.
"Evaluation" or "reevaluation" means an appropriate individual educational evaluation of a pupil's performance or development conducted by appropriately licensed personnel according to recognized professional standards, parts 3525.2550 and 3525.2710.
Subp. 19. Extended school year (ESY) services.
"Extended school year (ESY) services" means special education instruction and related services for pupils who demonstrate the need for continued service on days when school is not in session for all students as a necessary component of a free appropriate public education.
Subp. 20. Facilitated IEP meeting.
"Facilitated IEP meeting" means an IEP/IFSP/IIIP meeting moderated by an impartial state-provided facilitator to promote effective communication, address conflicts as they arise, and assist a team in developing an IEP/IFSP/IIIP.
Subp. 21. Filing or file.
"Filing" or "file" means transmission of a document to the department or hearing officer by mail, delivery, fax, or licensed overnight express mail service. Filing is complete upon actual receipt of the document. Any document received after 4:30 p.m. or on a weekend or holiday will be treated as received the following business day.
Subp. 22. Functional behavioral assessment or FBA.
"Functional behavioral assessment" or "FBA" means a process for gathering information to maximize the efficiency of behavioral supports. An FBA includes a description of problem behaviors and the identification of events, times, and situations that predict the occurrence and nonoccurrence of the behavior. An FBA also identifies the antecedents, consequences, and reinforcers that maintain the behavior, the possible functions of the behavior, and possible positive alternative behaviors. An FBA includes a variety of data collection methods and sources that facilitate the development of hypotheses and summary statements regarding behavioral patterns.
Subp. 23. Functional skills evaluation.
"Functional skills evaluation" means the use of test instruments and evaluation procedures to determine current levels of skill development and factors relevant to:
A. independence and self-sufficiency in school, home, and community settings;
B. freedom to participate in leisure activities; and
C. postsecondary and other life long learning opportunities.
Subp. 24. Functional skills.
"Functional skills" means skills to increase performance and independence at work, in school, in the home, in the community, for leisure time, and for postsecondary and other life long learning opportunities.
Subp. 25. Hearing officer.
"Hearing officer" means the person appointed by the department, pursuant to Minnesota Statutes, section 125A.091, to decide matters in a due process hearing.
Subp. 26. Initial placement.
"Initial placement" means the first special education placement and provision of special education services by the district.
Subp. 27. Indirect services.
"Indirect services" means special education services which include ongoing progress reviews; cooperative planning; consultation; demonstration teaching; modification and adaptation of the environment, curriculum, materials, or equipment; and direct contact with the pupil to monitor and observe. Indirect services may be provided by a teacher or related services professional to another regular education, special education teacher, related services professional, paraprofessional, support staff, parents, and public and nonpublic agencies to the extent that the services are written in the pupil's IEP and IFSP.
Subp. 28. Individualized family service plan or IFSP.
"Individualized family service plan" or "IFSP" means a written plan for providing services to a pupil and the pupil's family through interagency agreements. Procedural and program requirements for the IEP also apply to the educational components of the IFSP.
Subp. 29.
[Repealed, L 2009 c 96 art 3 s 22]
Subp. 30.
[Repealed, L 2009 c 96 art 3 s 22]
Subp. 31. Mediation.
"Mediation" means an ADR process in which a neutral person, provided by the state, assists parents and districts in resolving disputes over identification, evaluation, educational placement, manifestation determination, interim alternative educational placement, or the provision of a free appropriate public education (FAPE) to a child with a disability.
Subp. 32. Nondiscrimination.
"Nondiscrimination" means a requirement that districts shall comply with chapter 3535 and Minnesota Statutes, chapter 363.
Subp. 33. Paraprofessional.
"Paraprofessional" means a district employee who is primarily engaged in direct interaction with one or more pupils for instructional activities, physical or behavior management, or other purposes under the direction of a regular education or special education teacher or related services provider.
Subp. 34.
[Repealed, L 2009 c 96 art 3 s 22]
Subp. 35. Providing district.
"Providing district" means a district with the responsibility of providing special education services to a pupil according to part 3525.0800.
Subp. 36. Pupil.
"Pupil" means a student or other person who is eligible for special education according to Minnesota Statutes, sections 125A.02 and 125A.03 to 125A.24.
Subp. 37. Recognized professional standards.
"Recognized professional standards" means reasonable principles and concepts widely accepted by acknowledged experts that bear a direct relationship to the particular needs of the pupil.
Subp. 38. Regular education program.
"Regular education program" means the program in which the pupil would be enrolled if the pupil did not have disabilities.
Subp. 39. Resident district.
"Resident district" means the district in which the pupil's parent, as defined by part 3525.0800, subpart 9, and Code of Federal Regulations, title 34, section 300.20, resides. It does not mean the district in which a surrogate parent resides. If the parents of the pupil are separated or divorced and both maintain legal rights to determine the pupil's education, but are living in different districts, the district of residence is the district in which the pupil primarily resides for the greater part of the school year.
In those situations when a pupil is placed for care and treatment or foster care by an agency other than the school district, the district of residence is the district in which the pupil's parent resides or the district designated by the commissioner as provided in Minnesota Statutes, sections 125A.03 to 125A.24. If the parents of the pupil are separated or divorced and both maintain legal rights to determine the pupil's education, but are living in different districts, the district of residence is the district last responsible for education services when the pupil resided with either parent.
Subp. 40. Service or serve.
"Service" or "serve" means personal service, service by electric facsimile, service by first class United States mail, or licensed overnight express mail service. Service is complete upon receipt, except for service by United States mail which is complete three days after the date mailed. When a dispute over service arises the serving party must demonstrate proof of service.
Subp. 41. Significant change in program or placement.
"Significant change in program or placement" means:
A. the IEP goals have been completed or require modification based on a progress report;
B. there is a need to add or delete a service based on a progress report or evaluation;
C. there is a change in the type of site or setting in which the pupil receives special education;
D. the amount of time a pupil spends with nondisabled peers is changed;
E. the amount of special education to accomplish the goals or objectives needs to be increased or decreased; or
F. the team determines there is a need for a conditional intervention procedure.
Subp. 42. Special education.
"Special education" means any specially designed instruction and related services to meet the unique cognitive, academic, communicative, social and emotional, motor ability, vocational, sensory, physical, or behavioral and functional needs of a pupil as stated in the IEP.
Subp. 43.
[Repealed, L 2009 c 96 art 3 s 22]
Subp. 44. Teacher.
"Teacher" means a person licensed under parts 8710.5100 to 8710.5800 by the Professional Educator Licensing and Standards Board to instruct pupils with specific disabling conditions.
Subp. 45. Technically adequate instrument.
"Technically adequate instrument" means tests and evaluation procedures for which recognized professional standards about construction, validity, reliability, and use have been met.
Subp. 46.
[Repealed, L 2009 c 96 art 3 s 22]
Subp. 47.
[Repealed, L 2009 c 96 art 3 s 22]
Subp. 48. Vocational evaluation.
"Vocational evaluation" means an ongoing, comprehensive process used to assist the pupil and the team to determine the pupil's strengths, interests, abilities, and needed support to be successful in a vocational setting. A vocational evaluation is one component of the ongoing special education multidisciplinary evaluation described in parts 3525.2550 and 3525.2710.
Subp. 49. Workload.
"Workload" means a special education teacher's workload and is defined as the total number of minutes required for all due process responsibilities including direct and indirect services, evaluation and reevaluation time, IEPs managed, travel time, parental contact, and other services required in the IEPs.
History
- Statutory Authority: MS s 14.389; 120.17; 121.11; L 1994 c 647 art 3 s 23; L 1999 c 123 s 19,20; L 2003 1Sp9 art 3 s 19; L 2014 c 312 art 17 s 12
- History: 8 SR 596; 14 SR 281; 16 SR 1543; L 1991 c 265 art 3 s 38; 19 SR 974; 19 SR 2432; L 1998 c 397 art 11 s 3; 24 SR 1799; 26 SR 657; 28 SR 1292; L 2009 c 96 art 3 s 22; 39 SR 1168; L 2017 1Sp5 art 12 s 22
Minn. R. 3525.0300 Provision of Full Services
Pupils with disabilities who are eligible for special education services based on an appropriate individual evaluation shall have access to free appropriate public education, as that term is defined by applicable law.
History
- Statutory Authority: MS s 120.17; 121.11; L 1994 c 647 art 3 s 23; L 1999 c 123 s 19,20
- History: 14 SR 281; 19 SR 2432; L 1998 c 397 art 11 s 3; 26 SR 657
Minn. R. 3525.0400 [Repealed, L 2009 c 96 art 3 s 22]
[Repealed, L 2009 c 96 art 3 s 22]
Minn. R. 3525.0500 [Repealed, 8 SR 596]
[Repealed, 8 SR 596]
Minn. R. 3525.0550 Pupil Iep Manager
The district shall assign a teacher or licensed related service staff who is a member of the pupil's IEP team as the pupil's IEP manager to coordinate the instruction and related services for the pupil. The IEP manager's responsibility shall be to coordinate the delivery of special education services in the pupil's IEP and to serve as the primary contact for the parent. A district may assign the following responsibilities to the pupil's IEP manager: assuring compliance with procedural requirements; communicating and coordinating among home, school, and other agencies; coordinating regular and special education programs; facilitating placement; and scheduling team meetings.
History
- Statutory Authority: MS s 120.17; L 1999 c 123 s 19,20
- History: 14 SR 281; 16 SR 1543; L 1998 c 397 art 11 s 3; 26 SR 657
Minn. R. 3525.0600 [Repealed, 8 SR 596]
[Repealed, 8 SR 596]
Minn. R. 3525.0650 [Repealed, 19 SR 2432]
[Repealed, 19 SR 2432]
Minn. R. 3525.0700 Parental Involvement
Parents of pupils with disabilities have a right to be involved by the school district in the education decision-making process by participating or being afforded the opportunity to participate at each IEP meeting to develop, review, or revise the IEP. At the time of contact, the district shall inform the parents of their right to bring anyone of their choosing to accompany them to the meeting. The district shall inform the pupil's parents about the alternatives and methods of instruction as described in Minnesota Statutes, section 125A.05.
History
- Statutory Authority: MS s 120.17; 121.11; L 1994 c 647 art 3 s 23; L 1999 c 123 s 19,20
- History: 14 SR 281; L 1991 c 265 art 3 s 38; 19 SR 2432; L 1998 c 397 art 11 s 3; 26 SR 657
Minn. R. 3525.0750 Identification of Pupils with Disabilities
School districts shall develop systems designed to identify pupils with disabilities beginning at birth, pupils with disabilities attending public and nonpublic school, and pupils with disabilities who are of school age and are not attending any school.
The district's identification system shall be developed according to the requirement of nondiscrimination and included in the district's total special education system plan.
History
- Statutory Authority: MS s 14.389; 121.11; L 1994 c 647 art 3 s 23; L 1999 c 123 s 19,20
- History: 19 SR 2432; L 1998 c 397 art 11 s 3; 24 SR 1799; 26 SR 657
Minn. R. 3525.0755 Extended School Year Services
Subpart 1. Scope.
School districts are required to provide extended school year (ESY) services to a pupil if the IEP team determines the services are necessary during a break in instruction in order to provide a free appropriate public education.
Subp. 2. Definitions.
For the purposes of ESY, the terms in this subpart have the meanings given them.
A. "Level of performance" means a pupil's progress toward annual IEP goals immediately prior to a break in instruction as seen in the progress measurements required by part 3525.2810, subpart 1, item A, subitem (9).
B. "Recoupment" means a pupil's ability to regain the performance of a skill or acquired knowledge to approximately the same level of performance just prior to the break in instruction.
C. "Regression" means a significant decline in the performance of a skill or acquired knowledge, specified in the annual goals as stated in the pupil's IEP, that occurs during a break in instruction.
D. "Self-sufficiency" means the functional skills necessary for a pupil to achieve a reasonable degree of personal independence as typically identified in the annual IEP goals for a pupil requiring a functional curriculum. To attain self-sufficiency, a pupil must maintain skills consistent with the pupil's IEP goals in any of these skill areas:
Subp. 3. Determination of ESY entitlement.
At least annually, the IEP team must determine a pupil is in need of ESY services if the pupil meets the conditions of item A, B, or C.
A. there will be significant regression of a skill or acquired knowledge from the pupil's level of performance on an annual goal that requires more than the length of the break in instruction to recoup unless the IEP team determines a shorter time for recoupment is more appropriate;
B. services are necessary for the pupil to attain and maintain self-sufficiency because of the critical nature of the skill addressed by an annual goal, the pupil's age and level of development, and the timeliness for teaching the skill; or
C. the IEP team otherwise determines, given the pupil's unique needs, that ESY services are necessary to ensure the pupil receives a free appropriate public education.
Subp. 4. Sources of information for IEP team determination.
The IEP team must decide the basis for determining whether a pupil is eligible for ESY services using information including:
A. prior observation of the pupil's regression and recoupment over the summer;
B. observation of the pupil's tendency to regress over extended breaks in instruction during the school year; and
C. experience with other pupils with similar instructional needs.
Subp. 5. Other factors to be considered.
In making its determination of ESY needs under subpart 3, item A, B, or C, the IEP team must consider the following factors, where relevant:
A. the pupil's progress and maintenance of skills during the regular school year;
B. the pupil's degree of impairment;
C. the pupil's rate of progress;
D. the pupil's behavioral or physical problems;
E. the availability of alternative resources;
F. the pupil's ability and need to interact with nondisabled peers;
G. the areas of the pupil's curriculum which need continuous attention; or
H. the pupil's vocational needs.
History
- Statutory Authority: L 1999 c 123 s 19,20
- History: 26 SR 657
Minn. R. 3525.0800 Responsibility for Ensuring Provision of Instruction and Services
Subpart 1. Pupil's district of residence.
As provided in Minnesota Statutes, section 125A.05, a pupil's district of residence is responsible for assuring that an appropriate program is provided for all eligible pupils placed by the district's team within the district or in an out-of-district placement regardless of the method or location of instruction used.
Subp. 2. Purchased services.
The district shall not purchase special educational services for a pupil from a public or private agency when the service is available or can be made available and can be more appropriately provided as the least restrictive alternative within the district. Whenever it is appropriate for a district to purchase special education service for pupils with disabilities who reside in the district, it continues to be the responsibility of the school district, consistent with Minnesota Statutes and parts 3525.0210 to 3525.4770, to assure and ascertain that such pupils and youth receive the education and related services and rights to which they are entitled.
Subp. 3. Initial activities.
The resident district is responsible for the pupil's initial evaluation, initial IEP, due process procedures, and initial placement regardless of whether the placement is within the district or outside the district, unless the pupil is placed for care and treatment or through one of the education choice options.
If the team determines that it may be appropriate to consider placement options outside of the resident district, representatives from the outside district, agency, or academy must be invited to attend a team meeting as a participant to complete an appropriate IEP for the pupil including the needs, goals, objectives, services, and placement of the pupil.
Subp. 4. Resident district responsibilities; district initiated out-of-district placement.
If the resident district places a pupil in an out-of-district placement, the resident district is still responsible to assure that an appropriate IEP is developed, that the pupil is placed in the least restrictive environment, and that due process procedures associated with these responsibilities are followed.
It is the responsibility of the providing district, agency, or academy to implement the IEP, conduct periodic and annual reviews, convene and facilitate the IEP team meeting, and assure that due process procedures associated with these responsibilities are followed.
The annual IEP must be developed jointly by the providing district, agency, or academy and resident district. The resident district may appoint a member of the providing district as its representative.
Subp. 5. Responsibility for disagreements.
The resident district is responsible for resolving disagreements between the pupil's parents and district, including conciliation and due process hearings when the placement has been made by the resident district. If the providing district, agency, or academy receives a request for a conciliation conference, mediation, or due process hearing from the parent, the providing district, agency, or academy must notify the resident district of the parent's request within one school day.
Subp. 6. Tuition rate appeal.
If the districts do not agree on the tuition rate, either district may appeal to the commissioner as provided in Minnesota Statutes, section 125A.11.
Subp. 7. Pupils placed for care and treatment.
The educational and financial responsibilities of the resident and providing districts for pupils placed for care and treatment under Minnesota Statutes, sections 125A.15 and 125A.16, are as follows:
A. District placements: If the resident district places a pupil for care and treatment, the resident district shall be responsible for providing and paying for an appropriate education program according to this part, either directly or through tuition agreement, and shall also be responsible for the costs associated with care and treatment.
B. Nondistrict placement:
Subp. 8. Pupils placed through education choice options.
When a pupil is placed outside of the district residence by the parent or pupil for the purpose of education and in accordance with a statutory education choice enrollment act, the resident district shall be responsible for assuming the cost of the education program when notified in accordance with Minnesota Statutes, section 127A.47, subdivision 5. The providing district shall be responsible for assuring that an appropriate program is available for the pupil including the notice and hearing provisions. Responsibility for transportation costs between the pupil's home and the providing school district shall be determined in accordance with Minnesota Statutes.
Subp. 9. Financial and legal responsibility for pupils 18 through 21.
For a pupil who is age 18 through 21 years of age and is receiving special education, the district where the pupil's parents, legal guardian, or conservator lives shall be financially responsible for the cost of the special education program even in those cases where the pupil serves as the parent according to Code of Federal Regulations, title 34, section 300.20, for due process purposes.
History
- Statutory Authority: MS s 120.17; 121.11; L 1994 c 647 art 3 s 23; L 1999 c 123 s 19,20
- History: 14 SR 281; 19 SR 2432; L 1998 c 397 art 11 s 3; 26 SR 657; 28 SR 1292
Minn. R. 3525.0850 Behavior Interventions
This policy is intended to encourage the use of positive approaches to behavioral interventions. The objective of any behavioral intervention must be that pupils acquire appropriate behaviors and skills. It is critical that behavioral intervention programs focus on skills acquisition rather than merely behavior reduction or elimination. Behavioral intervention policies, programs, or procedures must be designed to enable a pupil to benefit from an appropriate, individualized educational program as well as develop skills to enable them to function as independently as possible in their communities.
History
- Statutory Authority: MS s 121.11; L 1994 c 647 art 3 s 23
- History: 19 SR 2432; L 1998 c 397 art 11 s 3
Minn. R. 3525.0900 [Repealed, 8 SR 596]
[Repealed, 8 SR 596]
Minn. R. 3525.1000 [Repealed, 8 SR 596]
[Repealed, 8 SR 596]
Minn. R. 3525.1100 State and District Responsibility for Total Special Education System
Subpart 1. State responsibility for all educational programs for pupils.
The Department of Education is responsible for ensuring that all pertinent requirements in the Code of Federal Regulations, and this part are carried out by the local education agencies. Each special education program within the state, including programs administered by any other public agency is under the general supervision of the persons responsible for special education in the Department of Education.
This shall be done, in part, by reviewing each district's and program's total special education system (TSES) for compliance. Districts and programs shall also be monitored periodically by the Department of Education for their implementation of the TSES and all requirements in United States Code, title 20, chapter 33, sections 1400 et seq., Code of Federal Regulations, title 34, part 300, Minnesota Statutes, and this part.
Subp. 2. District responsibility.
A district shall submit to the commissioner the district's plan for providing instruction and related services upon request for all pupils as required by Minnesota Statutes, sections 125A.03 to 125A.24. The plan may be for a single district or for the member districts of a formal special education cooperative. The plan shall be considered as part of the annual school district application for program review, but will not be required to be resubmitted annually. If a cooperative changes administrative organization, it shall submit a revised plan. The new plan must be submitted before the beginning of the next school year. The plan shall include descriptions of the district's:
A. Child study procedures for the identification and evaluation of students or other persons suspected of having a disability beginning at birth that include a plan for receiving referrals from parents, physicians, private and public programs, and health and human services agencies.
B. Method of providing the special education services for the identified pupils. The district shall have, as part of the district's TSES plan, a description of the full range of available educational service alternatives. The district's TSES plan shall include:
C. Administration and management plan to assure effective and efficient results of items A and B, including due process procedure assurances available to parents.
D. Operating procedures of interagency committees required in statute.
E. Interagency agreements the district has entered. The commissioner shall approve or implement appropriate procedures for modification of the district plan. The commissioner shall grant the district a reasonable time to make necessary modifications when the commissioner receives a satisfactory corrective action plan that complies with standards for the education of pupils.
F. [Repealed, L 2009 c 96 art 3 s 22]
History
- Statutory Authority: MS s 120.17; 121.11; L 1994 c 647 art 3 s 23; L 1999 c 123 s 19,20
- History: 8 SR 596; 14 SR 281; 16 SR 1543; 19 SR 2432; L 1995 1Sp3 art 16 s 13; L 1998 c 397 art 11 s 3; 26 SR 657; L 2003 c 130 s 12; L 2009 c 96 art 3 s 22
Minn. R. 3525.1150 [Repealed, 24 SR 1799]
[Repealed, 24 SR 1799]
Minn. R. 3525.1200 [Repealed, 19 SR 2432]
[Repealed, 19 SR 2432]
Minn. R. 3525.1300 [Repealed, 8 SR 596]
[Repealed, 8 SR 596]
Minn. R. 3525.1310 State Aid for Special Education Personnel
Salaries for essential personnel who are teachers and related services and support services staff members are reimbursable for the following activities:
A. child find and pupil identification;
B. necessary short-term indirect or consultative services that are provided in conjunction with regular education prereferral activities to an individual suspected of having a disabling condition to determine whether referrals for evaluation shall be made;
C. evaluation, progress reporting, and IEP planning for individual pupils;
D. instruction or related and support services to pupils who have an IEP;
E. parental involvement and due process;
F. school psychological services and school social worker services provided for pupils identified as emotional or behavioral disordered according to part 3525.1329 alone or in conjunction with the instructional program outlined in any pupil's IEP;
G. other related services provided in conjunction with the instructional program as outlined in a pupil's IEP;
H. paraprofessional services provided under the direction of a regular or special education teacher or a related services provider that:
I. program coordination; and
J. due process facilitation, except for attorney costs for suit preparation. Ongoing services for at-risk students, for example, truancy, suicide prevention, child abuse, or protection, are not reimbursable.
History
- Statutory Authority: MS s 14.389; 120.17; 121.11; L 1994 c 647 art 3 s 23; L 1999 c 123 s 19,20
- History: 8 SR 596; 14 SR 281; 16 SR 1543; 19 SR 2432; L 1998 c 397 art 11 s 3; 24 SR 1799; 26 SR 657
Minn. R. 3525.1320 [Repealed, 19 SR 2432]
[Repealed, 19 SR 2432]
Minn. R. 3525.1325 Autism Spectrum Disorders (asd)
Subpart 1. Definition.
"Autism spectrum disorders (ASD)" means a range of pervasive developmental disorders, with onset in childhood, that adversely affect a pupil's functioning and result in the need for special education instruction and related services. ASD is a disability category characterized by an uneven developmental profile and a pattern of qualitative impairments in several areas of development, including social interaction, communication, or the presence of restricted, repetitive, and stereotyped patterns of behavior, interests, and activities. These core features may present themselves in a wide variety of combinations that range from mild to severe, and the number of behavioral indicators present may vary. ASD may include Autistic Disorder, Childhood Autism, Atypical Autism, Pervasive Developmental Disorder Not Otherwise Specified, Asperger's Disorder, or other related pervasive developmental disorders.
Subp. 2.
[Repealed, 24 SR 1799]
Subp. 3. Criteria.
A multidisciplinary team shall determine that pupil is eligible and in need of special education instruction and related services if the pupil meets the criteria in items A and B. A determination of eligibility must be supported by information collected from multiple settings and sources.
A. An educational evaluation must address all three core features in subitems (1) to (3). The team must document that the pupil demonstrates patterns of behavior described in at least two of these subitems, one of which must be subitem (1). The behavioral indicators demonstrated must be atypical for the pupil's developmental level. The team shall document behavioral indicators through at least two of these methods: structured interviews with parents, autism checklists, communication and developmental rating scales, functional behavior assessments, application of diagnostic criteria from the current Diagnostic and Statistical Manual (DSM), informal and standardized evaluation instruments, or intellectual testing.
B. The team shall document and summarize in an evaluation report that ASD adversely affects a pupil's performance and that the pupil is in need of special education instruction and related services. Documentation must include:
Subp. 4. Team membership.
The team determining eligibility and educational programming must include at least one professional with experience and expertise in the area of ASD due to the complexity of this disability and the specialized intervention methods. The team must include a school professional knowledgeable of the range of possible special education eligibility criteria.
Subp. 5. Implementation.
Pupils with various educational profiles and related clinical diagnoses may meet the criteria of ASD under subpart 3. However, a clinical or medical diagnosis is not required for a pupil to be eligible for special education services, and even with a clinical or medical diagnosis, a pupil must meet the criteria in subpart 3 to be eligible.
History
- Statutory Authority: MS s 14.389; 120.17; L 1999 c 123 s 19,20
- History: 16 SR 1543; L 1998 c 397 art 11 s 3; 24 SR 1799; 26 SR 657
Minn. R. 3525.1327 Deafblind
Subpart 1. Definition and criteria.
"Deafblind" means medically verified visual loss coupled with medically verified hearing loss that, together, interfere with acquiring information or interacting in the environment. Both conditions need to be present simultaneously, and the pupil must meet the criteria for both visually impaired and deaf and hard of hearing to be eligible for special education and services under this category.
Subp. 2. Pupils at risk.
Pupils at risk of being deafblind include pupils who:
A. are already identified as deaf or hard of hearing or visually impaired but have not yet had a medical or functional evaluation of the other sense (vision or hearing);
B. have an identified condition, such as Usher Syndrome or Optic Atrophy, that includes a potential deterioration of vision or hearing in the future;
C. have a medically or functionally identified hearing loss and a verified deficit in vision determined by a functional evaluation in the learning environment;
D. have a medically or functionally identified vision impairment and verified hearing loss determined by a functional evaluation in the learning environment; or
E. have an identified syndrome or condition that includes hearing and vision loss in combination with multiple disabilities, for example, CHARGE Syndrome.
History
- Statutory Authority: MS s 14.389; 120.17; L 1999 c 123 s 19,20
- History: 16 SR 1543; L 1998 c 397 art 11 s 3; 24 SR 1799; 26 SR 657
Minn. R. 3525.1329 Emotional or Behavioral Disorders
Subpart 1. Definition.
"Emotional or behavioral disorders" means an established pattern of one or more of the following emotional or behavioral responses:
A. withdrawal or anxiety, depression, problems with mood, or feelings of self-worth;
B. disordered thought processes with unusual behavior patterns and atypical communication styles; or
C. aggression, hyperactivity, or impulsivity. The established pattern of emotional or behavioral responses must adversely affect educational or developmental performance, including intrapersonal, academic, vocational, or social skills; be significantly different from appropriate age, cultural, or ethnic norms; and be more than temporary, expected responses to stressful events in the environment. The emotional or behavioral responses must be consistently exhibited in at least three different settings, two of which must be educational settings, and one other setting in either the home, child care, or community. The responses must not be primarily the result of intellectual, sensory, or acute or chronic physical health conditions.
Subp. 2.
[Repealed, 26 SR 657]
Subp. 2a. Criteria.
A pupil is eligible and in need of special education and related services for an emotional or behavioral disorder when the pupil meets the criteria in items A to C.
A. A pupil must demonstrate an established pattern of emotional or behavioral responses that is described in at least one of the following subitems and which represents a significant difference from peers:
B. The pupil's pattern of emotional or behavioral responses adversely affects educational performance and results in:
C. The combined results of prior documented interventions and the evaluation data for the pupil must establish significant impairments in one or more of the following areas: intrapersonal, academic, vocational, or social skills. The data must document that the impairment:
Subp. 3. Evaluation.
A. The evaluation findings in subpart 2a must be supported by current or existing data from:
B. Children not yet enrolled in kindergarten are eligible for special education and related services if they meet the criteria listed in subpart 2a, items A, B, and C, subitems (2) and (3). The evaluation process must show developmentally significant impairments in self-care, social relations, or social or emotional growth, and must include data from each of the following areas: two or more systematic observations, including one in the home; a case history, including medical, cultural, and developmental information; information on the pupil's cognitive ability, social skills, and communication abilities; standardized and informal interviews, including teacher, parent, caregiver, and child care provider; and standardized adaptive behavior scales.
History
- Statutory Authority: MS s 120.17; L 1999 c 123 s 19,20
- History: 16 SR 1543; 17 SR 3361; 26 SR 657
Minn. R. 3525.1331 Deaf and Hard of Hearing
Subpart 1. Definition.
"Deaf and hard of hearing" means a diminished sensitivity to sound, or hearing loss, that is expressed in terms of standard audiological measures.
Hearing loss has the potential to affect educational, communicative, or social functioning that may result in the need for special education instruction and related services.
Subp. 2. Criteria.
A pupil who is deaf or hard of hearing is eligible for special education instruction and related services if the pupil meets one of the criteria in item A and one of the criteria in item B, C, or D.
A. There is audiological documentation provided by a certified audiologist that a pupil has one of the following:
B. The pupil's hearing loss affects educational performance as demonstrated by:
C. The pupil's hearing loss affects the use or understanding of spoken English as documented by one or both of the following:
D. The pupil's hearing loss affects the adaptive behavior required for age-appropriate social functioning as supported by:
History
- Statutory Authority: MS s 14.389; 120.17; L 1999 c 123 s 19
- History: 16 SR 1543; L 1998 c 397 art 11 s 3; 24 SR 1799
Minn. R. 3525.1333 Developmental Cognitive Disability
Subpart 1. Definition.
"Developmental cognitive disability (DCD)" means a condition resulting in significantly below average intellectual functioning and concurrent deficits in adaptive behavior that adversely affects educational performance and requires special education and related services. DCD does not include conditions primarily due to a sensory or physical impairment, traumatic brain injury, autism spectrum disorders, severe multiple impairments, cultural influences, or inconsistent educational programming.
Subp. 2. Criteria.
The team shall determine that a pupil is eligible as having a DCD and is in need of special education instruction and related services if the pupil meets the criteria in items A and B.
A. The pupil demonstrates below average adaptive behavior in school and home, and, if appropriate, community environments. For the purposes of this item, "below average" means:
B. The pupil demonstrates significantly below average general intellectual functioning that is measured by an individually administered, nationally normed test of intellectual ability. For the purposes of this subitem, "significantly below average general intellectual functioning" means:
Subp. 3.
[Repealed, 26 SR 657]
History
- Statutory Authority: MS s 120.17; L 1999 c 123 s 19,20
- History: 16 SR 1543; 17 SR 3361; L 1998 c 397 art 11 s 3; 26 SR 657
Minn. R. 3525.1335 Other Health Disabilities
Subpart 1. Definition.
"Other health disability" means having limited strength, endurance, vitality, or alertness, including a heightened or diminished alertness to environmental stimuli, with respect to the educational environment that is due to a broad range of medically diagnosed chronic or acute health conditions that adversely affect a pupil's educational performance.
Subp. 2. Criteria.
The team shall determine that a pupil is eligible and in need of special education instruction and services if the pupil meets the criteria in items A and B.
A. There is:
B. In comparison with peers, the health condition adversely affects the pupil's ability to complete educational tasks within routine timelines as documented by three or more of the following:
Subp. 3. Evaluation.
The health condition results in a pattern of unsatisfactory educational progress as determined by a comprehensive evaluation documenting the required components of subpart 2, items A and B. The eligibility findings must be supported by current or existing data from items A to E:
A. an individually administered, nationally normed standardized evaluation of the pupil's academic performance;
B. documented, systematic interviews conducted by a licensed special education teacher with classroom teachers and the pupil's parent or guardian;
C. one or more documented, systematic observations in the classroom or other learning environment by a licensed special education teacher;
D. a review of the pupil's health history, including the verification of a medical diagnosis of a health condition; and
E. records review. The evaluation findings may include data from: an individually administered, nationally normed test of intellectual ability; an interview with the pupil; information from the school nurse or other individuals knowledgeable about the health condition of the pupil; standardized, nationally normed behavior rating scales; gross and fine motor and sensory motor measures; communication measures; functional skills checklists; and environmental, socio-cultural, and ethnic information reviews.
History
- Statutory Authority: MS s 14.389; 120.17; L 1999 c 123 s 19,20; L 2014 c 312 art 17 s 12
- History: 16 SR 1543; L 1998 c 397 art 11 s 3; 26 SR 657; 39 SR 1168
Minn. R. 3525.1337 Physically Impaired
Subpart 1. Definition.
"Physically impaired" means a medically diagnosed chronic, physical impairment, either congenital or acquired, that may adversely affect physical or academic functioning and result in the need for special education and related services.
Subp. 2. Criteria.
A pupil is eligible and in need of special education instruction and services if the pupil meets the criterion in item A and one of the criteria in item B.
A. There must be documentation of a medically diagnosed physical impairment.
B. The pupil's:
History
- Statutory Authority: MS s 14.389; 120.17; L 1999 c 123 s 19,20
- History: 16 SR 1543; L 1998 c 397 art 11 s 3; 24 SR 1799; 26 SR 657
Minn. R. 3525.1339 Severely Multiply Impaired
Subpart 1. Definition.
"Severely multiply impaired" means a pupil who has severe learning and developmental problems resulting from two or more disability conditions determined by an evaluation as defined by part 3525.2710.
Subp. 2. Criteria.
The team shall determine that a pupil is eligible as being severely multiply impaired if the pupil meets the criteria for two or more of the following disabilities:
A. deaf or hard of hearing, part 3525.1331;
B. physically impaired, part 3525.1337;
C. developmental cognitive disability: severe-profound range, part 3525.1333;
D. visually impaired, part 3525.1345;
E. emotional or behavioral disorders, part 3525.1329; or
F. autism spectrum disorders, part 3525.1325.
History
- Statutory Authority: MS s 120.17; L 1999 c 123 s 19,20
- History: 16 SR 1543; L 1998 c 397 art 11 s 3; 26 SR 657
Minn. R. 3525.1341 Specific Learning Disability
Subpart 1. Definition.
"Specific learning disability" means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia.
The disorder is:
A. manifested by interference with the acquisition, organization, storage, retrieval, manipulation, or expression of information so that the child does not learn at an adequate rate for the child's age or to meet state-approved grade-level standards when provided with the usual developmental opportunities and instruction from a regular school environment; and
B. demonstrated primarily in academic functioning, but may also affect other developmental, functional, and life adjustment skill areas; and may occur with, but cannot be primarily the result of: visual, hearing, or motor impairment; cognitive impairment; emotional disorders; or environmental, cultural, economic influences, limited English proficiency or a lack of appropriate instruction in reading or math.
Subp. 2. Criteria.
A child is eligible and in need of special education and related services for a specific learning disability when the child meets the criteria in items A, B, and C or in items A, B, and D. Information about each item must be sought from the parent and must be included as part of the evaluation data. The evaluation data must confirm that the effects of the child's disability occur in a variety of settings. The child must receive two interventions, as defined in Minnesota Statutes, section 125A.56, prior to evaluation, unless the parent requests an evaluation or the IEP team waives this requirement because it determines the child's need for an evaluation is urgent.
A. The child does not achieve adequately in one or more of the following areas: oral expression, listening comprehension, written expression, basic reading skills, reading comprehension, reading fluency, mathematics calculation, or mathematical problem solving, in response to appropriate classroom instruction, and either:
B. The child has a disorder in one or more of the basic psychological processes which includes an information processing condition that is manifested in a variety of settings by behaviors such as inadequate: acquisition of information; organization; planning and sequencing; working memory, including verbal, visual, or spatial; visual and auditory processing; speed of processing; verbal and nonverbal expression; transfer of information; and motor control for written tasks.
C. The child demonstrates a severe discrepancy between general intellectual ability and achievement in one or more of the following areas: oral expression, listening comprehension, written expression, basic reading skills, reading comprehension, reading fluency, mathematics calculation, or mathematical problem solving. The demonstration of a severe discrepancy shall not be based solely on the use of standardized tests. The group shall consider these standardized test results as only one component of the eligibility criteria. The instruments used to assess the child's general intellectual ability and achievement must be individually administered and interpreted by an appropriately licensed person using standardized procedures. For initial placement, the severe discrepancy must be equal to or greater than 1.75 standard deviations below the mean of the distribution of difference scores for the general population of individuals at the child's chronological age level.
D. The child demonstrates an inadequate rate of progress. Rate of progress is measured over time through progress monitoring while using intensive SRBI, which may be used prior to a referral, or as part of an evaluation for special education. A minimum of 12 data points are required from a consistent intervention implemented over at least seven school weeks in order to establish the rate of progress. Rate of progress is inadequate when the child's:
Subp. 3. Determination of specific learning disability.
In order to determine that the criteria for eligibility in subpart 2 are met, documentation must include:
A. an observation of the child in the child's learning environment, including the regular classroom setting, that documents the child's academic performance and behavior in the areas of difficulty. For a child of less than school age or out of school, a group member must observe the child in an environment appropriate to the child's age. In determining whether a child has a specific learning disability, the parents and the group of qualified professionals, as provided by Code of Federal Regulations, title 34, section 300.308, must:
B. a statement of whether the child has a specific learning disability;
C. the group's basis for making the determination, including that:
D. educationally relevant medical findings, if any;
E. whether the child meets the criteria in subpart 2, either items A, B, and C or items A, B, and D; and
F. if the child has participated in a process that assesses the child's response to SRBI, the instructional strategies used and the child-centered data collected, the documentation that the parents were notified about the state's policies regarding the amount and nature of child performance data that would be collected and the general education services that would be provided, strategies for increasing the child's rate of learning, and the parent's right to request a special education evaluation.
Subp. 4. Verification.
Each group member must certify in writing whether the report reflects the member's conclusion. If it does not reflect the member's conclusion, the member must submit a separate statement presenting the member's conclusions.
The district's plan for identifying a child with a specific learning disability consistent with this part must be included with its total special education system (TSES) plan. The district must implement its interventions consistent with that plan. The plan should detail the specific 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.
History
- Statutory Authority: MS s 14.389; 120.17; 121A.515; 121A.67; 125A.07; L 1999 c 123 s 19,20
- History: 16 SR 1543; 17 SR 3361; L 1998 c 397 art 11 s 3; 24 SR 1799; 26 SR 657; 33 SR 477
Minn. R. 3525.1343 Speech or Language Impairments
Subpart 1. Fluency disorder; definition and criteria.
"Fluency disorder" means the intrusion or repetition of sounds, syllables, and words; prolongations of sounds; avoidance of words; silent blocks; or inappropriate inhalation, exhalation, or phonation patterns. These patterns may also be accompanied by facial and body movements associated with the effort to speak. Fluency patterns that are attributed only to dialectical, cultural, or ethnic differences or to the influence of a foreign language must not be identified as a disorder.
A pupil has a fluency disorder and is eligible for speech or language special education when:
A. the pattern interferes with communication as determined by an educational speech language pathologist and either another adult or the pupil; and
B. dysfluent behaviors occur during at least five percent of the words spoken on two or more speech samples.
Subp. 2. Voice disorder; definition and criteria.
"Voice disorder" means the absence of voice or presence of abnormal quality, pitch, resonance, loudness, or duration. Voice patterns that can be attributed only to dialectical, cultural, or ethnic differences or to the influence of a foreign language must not be identified as a disorder.
A pupil has a voice disorder and is eligible for speech or language special education when:
A. the pattern interferes with communication as determined by an educational speech language pathologist and either another adult or the pupil; and
B. achievement of a moderate to severe vocal severity rating is demonstrated on a voice evaluation profile administered on two separate occasions, two weeks apart, at different times of the day.
Subp. 3. Articulation disorder; definition and criteria.
A. "Articulation disorder" means the absence of or incorrect production of speech sounds or phonological processes that are developmentally appropriate. For the purposes of this subpart, phonological process means a regularly occurring simplification or deviation in an individual's speech as compared to the adult standard, usually one that simplifies the adult phonological pattern. Articulation patterns that are attributed only to dialectical, cultural, or ethnic differences or to the influence of a foreign language must not be identified as a disorder.
B. A pupil has an articulation disorder and is eligible for speech or language special education when the pupil meets the criteria in subitem (1) and either subitem (2) or (3):
Subp. 4. Language disorder; definition and criteria.
A. "Language disorder" means a breakdown in communication as characterized by problems in expressing needs, ideas, or information that may be accompanied by problems in understanding. Language patterns that are attributed only to dialectical, cultural, or ethnic differences or to the influence of a foreign language must not be identified as a disorder.
B. A pupil has a language disorder and is eligible for speech or language special education services when:
History
- Statutory Authority: MS s 14.389; 120.17; L 1999 c 123 s 19,20
- History: 16 SR 1543; 17 SR 3361; L 1998 c 397 art 11 s 3; 24 SR 1799; 26 SR 657
Minn. R. 3525.1345 Visually Impaired
Subpart 1. Definition.
"Visually impaired" means a medically verified visual impairment accompanied by limitations in sight that interfere with acquiring information or interaction with the environment to the extent that special education instruction and related services may be needed.
Subp. 2. Criteria.
A pupil is eligible as having a visual disability and in need of special education when the pupil meets one of the criteria in item A and one of the criteria in item B:
A. medical documentation of a diagnosed visual impairment by a licensed eye specialist establishing one or more of the following conditions:
B. functional evaluation of visual abilities conducted by a licensed teacher of the visually impaired that determines that the pupil:
History
- Statutory Authority: MS s 14.389; 120.17; L 1999 c 123 s 19
- History: 16 SR 1543; L 1998 c 397 art 11 s 3; 24 SR 1799
Minn. R. 3525.1347 [Renumbered 3525.1354]
[Renumbered 3525.1354]
Minn. R. 3525.1348 Traumatic Brain Injury (tbi)
Subpart 1. Definition.
"Traumatic brain injury" means an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that may adversely affect a pupil's educational performance and may result in the need for special education and related services. The term applies to open or closed head injuries resulting in impairments in one or more areas, such as: cognition, speech/language, memory, attention, reasoning, abstract thinking, judgment, problem-solving, sensory, perceptual and motor abilities, psychosocial behavior, physical functions, and information processing. The term does not apply to brain injuries that are congenital or degenerative, or brain injuries induced by birth trauma.
Subp. 2. Criteria.
The team shall determine that a pupil is eligible and in need of special education and related services if the pupil meets the criterion in item A and the criteria in items B and C as documented by the information gathered according to item D:
A. There is documentation by a physician of a medically verified traumatic brain injury.
B. There is a functional impairment attributable to the traumatic brain injury that adversely affects educational performance in one or more of the following areas: intellectual-cognitive, academic, communication, motor, sensory, social-emotional-behavioral, and functional skills-adaptive behavior. Examples of functional impairments which may adversely affect educational performance are:
C. The functional impairments are not primarily the result of previously existing:
D. Information/data to document a functional impairment in one or more of the areas in item B must, at a minimum, include one source from Group One and one source from Group Two:
History
- Statutory Authority: MS s 121.11; L 1994 c 647 art 3 s 23; L 1999 c 123 s 19,20
- History: 19 SR 2432; L 1998 c 397 art 11 s 3; 26 SR 657; L 2005 c 56 s 2
Minn. R. 3525.1349 [Renumbered 3525.1356]
[Renumbered 3525.1356]
Minn. R. 3525.1350 Infant and Toddler Intervention Services
Subpart 1. Services required.
Infant and toddler intervention services under United States Code, title 20, chapter 33, sections 1431, et seq., and Code of Federal Regulations, title 34, part 303, must be available to children from birth through two years of age who meet the criteria described in subpart 2.
Subp. 2. Criteria for birth through two years of age.
The team shall determine that a child from birth through the age of two years is eligible for infant and toddler intervention services if:
A. the child meets the criteria of one of the disability categories in United States Code, title 20, chapter 33, sections 1400, et seq., as defined in Minnesota Rules; or
B. the child meets the criteria for developmental delay in subitem (1), (2), or (3):
Subp. 3.
[Renumbered 3525.1351]
Subp. 4. 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, section 303.321.
Subp. 5. Transition.
The service coordinator provided for in Minnesota Statutes, section 125A.33, must facilitate transition from infant and toddler intervention services before the child's third birthday. The IFSP must include steps to determine and document eligibility for special education, and steps to support the transition of the child to special education under United States Code, title 20, chapter 33, sections 1411 et seq., and Code of Federal Regulations, title 34, part 300, or to other appropriate community-based services that may be available.
A. For a child who may be eligible for special education services under United States Code, title 20, chapter 33, sections 1411 et seq., and Code of Federal Regulations, title 34, part 300, the service coordinator must, with the approval of the family of the child, convene a conference between the family, the local educational agency, and community-based service providers to discuss services that the child may receive under United States Code, title 20, chapter 33, sections 1411 et seq., and Code of Federal Regulations, title 34, part 300. The conference must be held not less than 90 days, and, at the discretion of all the parties, not more than nine months, before the child is eligible for the preschool services.
B. For a child who may not be eligible for special education services under United States Code, title 20, chapter 33, sections 1411 et seq., and Code of Federal Regulations, title 34, part 300, the service coordinator must, with the approval of the family, take reasonable steps, to convene a conference between the family, the lead agency, and community-based service providers to discuss appropriate services that the child may receive after exiting infant and toddler intervention services.
History
- Statutory Authority: MS s 14.389; 121.11; 125A.07; L 1994 c 647 art 3 s 23; L 1999 c 123 s 19,20; L 2013 c 116 art 5 s 29
- History: 19 SR 2432; L 1998 c 397 art 11 s 3; 24 SR 1799; 26 SR 657; 32 SR 653; 38 SR 1145
Minn. R. 3525.1351 Intervention Services: Ages Three Through Six Years
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.
History
- Statutory Authority: MS s 125A.07
- History: 32 SR 653
Minn. R. 3525.1352 Developmental Adapted Physical Education: Special Education
Subpart 1. Definition.
"Developmental adapted physical education: special education" means specially designed physical education instruction and services for pupils with disabilities who have a substantial delay or disorder in physical development. Developmental adapted physical education: special education instruction for pupils age three through 21 may include development of physical fitness, motor fitness, fundamental motor skills and patterns, skills in aquatics, dance, individual and group games, and sports.
Students with conditions such as obesity, temporary injuries, and short-term or temporary illness or disabilities are termed special needs students. Special needs students are not eligible for developmental adapted physical education: special education. Provisions and modifications for these students must be made within regular physical education.
Subp. 2. Criteria.
A pupil is eligible for developmental adapted physical education: special education if the team determines the pupil meets the criteria in items A and B.
A. The pupil has one of the following disabilities in each respective criteria in parts 3525.1325 to 3525.1341, 3525.1345, and 3525.1354: autism spectrum disorders, deafblind, emotional or behavioral disorders, deaf or hard of hearing, specific learning disability, developmental cognitive disability, severely multiply impaired, other health disability, physically impaired, visually impaired, traumatic brain injury or part 3525.1351.
B. The pupil is determined by the team to need specially designed physical education instruction because:
History
- Statutory Authority: MS s 121.11; L 1994 c 647 art 3 s 23; L 1999 c 123 s 19,20
- History: 19 SR 2432; L 1998 c 397 art 11 s 3; 26 SR 657; 32 SR 653
Minn. R. 3525.1354 Team Override on Eligibility Decisions
Subpart 1. Documentation required.
The team may determine that a pupil is eligible for special instruction and related services because the pupil has a disability and needs special instruction even though the pupil does not meet the specific requirement in parts 3525.1325 to 3525.1345 and 3525.2335. The team must include the documentation in the pupil's special education record according to items A, B, C, and D.
A. The pupil's record must contain documents that explain why the standards and procedures used with the majority of pupils resulted in invalid findings for this pupil.
B. The record must indicate what objective data were used to conclude that the pupil has a disability and is in need of special instruction and related services. These data include, for example, test scores, work products, self-reports, teacher comments, medical data, previous testings, observational data, ecological assessments, and other developmental data.
C. Because the eligibility decision is based on a synthesis of multiple data and not all data are equally valid, the team must indicate which data had the greatest relative importance for the eligibility decision.
D. The team override decision must be signed by the team members agreeing to the override decision. For those team members who disagree with the override decision, a statement of why they disagree and their signature must be included.
Subp. 2.
[Repealed, 24 SR 1799]
History
- Statutory Authority: MS s 14.389; 120.17; 121.11; L 1994 c 647 art 3 s 23; L 1999 c 123 s 19,20
- History: 16 SR 1543; 19 SR 2432; L 1998 c 397 art 11 s 3; 24 SR 1799; 26 SR 657
Minn. R. 3525.1356 [Repealed, 24 SR 1799]
[Repealed, 24 SR 1799]
Minn. R. 3525.1400 Facilities, Equipment and Materials
Classrooms and other facilities in which pupils receive instruction, related services, and supplementary aids and services shall: be essentially equivalent to the regular education program; provide an atmosphere that is conducive to learning; and meet the pupils' special physical, sensory, and emotional needs.
The necessary special equipment and instructional materials shall be supplied to provide instruction, related services, and supplementary aids and services.
History
- Statutory Authority: MS s 120.17; 121.11; L 1994 c 647 art 3 s 23
- History: 8 SR 596; 19 SR 2432; L 1998 c 397 art 11 s 3
Minn. R. 3525.1500 [Repealed, 19 SR 2432]
[Repealed, 19 SR 2432]
Minn. R. 3525.1510 [Repealed, 26 SR 657]
[Repealed, 26 SR 657]
Minn. R. 3525.1550 Contracted Services
Subpart 1. Licensure.
When contracting for evaluations or special education services, a district shall contract with personnel who hold appropriate licenses issued by the Professional Educator Licensing and Standards Board or commissioner of education. If either the board or commissioner does not issue a license for a necessary service, the district shall contract with personnel who are members in good standing of professional organizations that regulate the conduct of its members and set standards for that profession.
Subp. 2. Community-based services.
A school district may provide direct or indirect special education services by district special education staff to a pupil attending a community-based program. A school district may contract for special education services with a community-based program if the program meets Department of Education rules.
History
- Statutory Authority: MS s 120.17; 121.11; L 1994 c 647 art 3 s 23; L 1999 c 123 s 19,20
- History: 8 SR 596; 14 SR 281; 19 SR 2432; L 1998 c 398 art 5 s 55; 26 SR 657; L 2003 c 130 s 12; L 2017 1Sp5 art 12 s 22
Minn. R. 3525.1600 [Repealed, 14 SR 281]
[Repealed, 14 SR 281]
Minn. R. 3525.1700 [Repealed, 8 SR 596]
[Repealed, 8 SR 596]
Minn. R. 3525.1800 [Repealed, 8 SR 596]
[Repealed, 8 SR 596]
Minn. R. 3525.1900 [Repealed, 8 SR 596]
[Repealed, 8 SR 596]
Minn. R. 3525.2000 [Repealed, 8 SR 596]
[Repealed, 8 SR 596]
Minn. R. 3525.2100 [Repealed, 8 SR 596]
[Repealed, 8 SR 596]
Minn. R. 3525.2200 [Repealed, 8 SR 596]
[Repealed, 8 SR 596]
Minn. R. 3525.2300 [Repealed, 19 SR 2432]
[Repealed, 19 SR 2432]
Minn. R. 3525.2320 [Repealed, 14 SR 281]
[Repealed, 14 SR 281]
Minn. R. 3525.2325 Education Programs for K-12 Pupils and Regular Students Placed in Centers for Care and Treatment
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:
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:
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:
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.
History
- Statutory Authority: MS s 120.17; 121.11; L 1994 c 647 art 3 s 23; L 1999 c 123 s 19,20
- History: 14 SR 281; 16 SR 1543; 19 SR 2432; L 1998 c 397 art 11 s 3; 26 SR 657
Minn. R. 3525.2330 [Repealed, 19 SR 2432]
[Repealed, 19 SR 2432]
Minn. R. 3525.2335 Early Childhood Program Services, Alternatives, and Settings
Subpart 1.
[Repealed, 19 SR 2432]
Subp. 2. Program services, alternatives, and settings.
Appropriate program alternatives to meet the special education needs, goals, and objectives of a pupil must be determined on an individual basis. Choice of specific program alternatives must be 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.
A. There are two types of special education services: direct and indirect.
B. There are three types of settings: home, district early childhood special education (ECSE) classroom, and community-based programs.
Subp. 3.
[Repealed, 19 SR 2432]
Subp. 4.
[Repealed, 19 SR 2432]
Subp. 5.
[Repealed, 19 SR 2432]
History
- Statutory Authority: MS s 14.389; 120.17; 121.11; L 1994 c 647 art 3 s 23; L 1999 c 123 s 19,20
- History: 14 SR 281; 16 SR 1543; L 1991 c 265 art 3 s 38; 19 SR 2432; L 1998 c 397 art 11 s 3; 24 SR 1799; 26 SR 657
Minn. R. 3525.2340 Case Loads
Subpart 1.
[Repealed, 19 SR 2432]
Subp. 2.
[Repealed, 19 SR 2432]
Subp. 3.
[Repealed, 19 SR 2432]
Subp. 4. Case loads for school-age educational service alternatives.
A. The maximum number of school-age pupils that may be assigned to a teacher:
B. For pupils who receive direct special education 60 percent or less of the instructional day, the school district must establish a board-approved policy for determining workload limits for special education staff based on student contact minutes, evaluation and reevaluation time, indirect services, IEPs managed, travel time, and other services required in the IEPs of eligible students.
Subp. 5. Case loads for early childhood program alternatives.
A teacher's case load must be adjusted downward based on pupils' severity of disability or delay, travel time necessary to serve pupils in more than one program alternative, and if the pupils on the teacher's case loads are receiving services in more than one program alternative or the pupils are involved with other agencies. The maximum number of pupils that can be assigned to a teacher in any early childhood program alternative is:
A. birth through two years: 12 pupils per teacher;
B. three through six years: 16 pupils per teacher; and
C. birth through six years: 14 pupils per teacher. District early childhood special education (ECSE) classes must have at least one paraprofessional employed while pupils are in attendance. The maximum number of pupils in an ECSE classroom at any one time with a teacher and a paraprofessional is eight. The maximum number of pupils in an ECSE classroom at any one time with an early childhood team is 16.
History
- Statutory Authority: MS s 14.389; 120.17; 121.11; L 1994 c 647 art 3 s 23; L 1999 c 213 s 19,20; L 2014 c 312 art 17 s 12
- History: 8 SR 596; 16 SR 1543; 19 SR 2432; L 1998 c 397 art 11 s 3; 24 SR 1799; 26 SR 657; 39 SR 1168
Minn. R. 3525.2345 [Repealed, 19 SR 2432]
[Repealed, 19 SR 2432]
Minn. R. 3525.2350 Multidisability Team Teaching Models
Subpart 1. Team staff.
A district may assign more than one teacher licensed in different areas or one or more teachers and related services staff as a team to provide instruction and related services to pupils in a school-age educational service alternative.
Subp. 2. License requirement.
There must be a teacher on the team who is licensed in the disability area of each pupil served by the team.
Subp. 3. Team member responsibility.
The team member licensed in a pupil's disability shall be responsible for conducting the pupil's evaluation and participating at team meetings when an IEP is developed, reviewed, or revised. Consultation and indirect services as defined in part 3525.0210 must be provided to the general or special education teacher providing instruction if not licensed in the disability. The frequency and amount of time for specific consultation and indirect services shall be determined by the IEP team.
Subp. 4. Implementation.
Pupils may receive instruction and related services from any or all of the team members with appropriate skills. The special education provided by each team member shall be included in the IEP.
Subp. 5.
[Repealed, 19 SR 2432]
History
- Statutory Authority: MS s 120.17; 121.11; L 1994 c 647 art 3 s 23; L 1999 c 123 s 19,20
- History: 8 SR 596; 14 SR 281; 16 SR 1543; 19 SR 2432; L 1998 c 397 art 11 s 3; 26 SR 657; 28 SR 1292
Minn. R. 3525.2360 [Repealed, 14 SR 281]
[Repealed, 14 SR 281]
Minn. R. 3525.2370 [Repealed, 16 SR 1543]
[Repealed, 16 SR 1543]
Minn. R. 3525.2380 Variances from Ratios
Subpart 1. Variances.
The district may apply to the commissioner of education or the commissioner's designee for a variance from the case loads in part 3525.2340. The commissioner or the commissioner's designee shall grant a variance for less than 90 days when it is demonstrated that unanticipated special education enrollment increases have occurred for students with severe disabilities.
Subp. 2.
[Repealed, 16 SR 1543]
Subp. 3.
[Repealed, 19 SR 2432]
History
- Statutory Authority: MS s 120.17; 121.11; L 1994 c 647 art 3 s 23
- History: 8 SR 596; 16 SR 1543; 19 SR 2432; L 1998 c 397 art 11 s 3; L 1998 c 398 art 5 s 55; L 2003 c 130 s 12
Minn. R. 3525.2385 State Interpreter/Transliterator Standards for the Deaf and Hard of Hearing
Subpart 1. Definitions.
The terms used in this part have the following meanings:
A. "Cued speech" means a system that visually presents traditionally spoken languages. Handshapes representing groups of consonant phonemes and hand placements denoting groups of vowel phonemes are utilized in combination with nonmanual signals to present a visually distinct model of a traditionally spoken language. Whether through the visual channel via cued speech, it is the choice, assembly, and arrangement of linguistic units called phonemes, that comprises and conveys the words and grammatical structure of languages that are spoken and languages that are cued.
B. "Interpreter/transliterator" means a person who is able to interpret or transliterate the spoken word into sign language and interpret sign language into the spoken word by American Sign Language (ASL), Pidgin Signed English (PSE), Manually Coded English (MCE), cued speech, voice, oral, or tactile modalities.
Subp. 2. Special education reimbursement.
To be eligible for special education reimbursement for the employment of American Sign Language (ASL)/English interpreter/transliterator or cued speech transliterator of the Deaf and Hard of Hearing, the school board in each district shall employ persons who meet the requirements in subpart 3 or 4.
Subp. 3. Interpreter/transliterator.
To qualify as a sign language interpreter/transliterator, a person shall have completed a training program affiliated with a state accredited educational institution and hold:
A. an interpreter and transliterator certificate awarded by the Registry of Interpreters for the Deaf (RID); or
B. a general level proficiency certificate at level 3 awarded by the National Association of the Deaf (NAD).
Subp. 4. Cued speech transliterator.
To qualify as a cued speech transliterator, a person shall hold a current applicable transliterator certificate awarded by Testing, Evaluation and Certification Unit, Inc. (TECUnit).
History
- Statutory Authority: MS s 121.11; L 1999 c 123 s 19,20
- History: 21 SR 1855; L 1998 c 397 art 11 s 3; 26 SR 657
Minn. R. 3525.2400 [Repealed, 8 SR 596]
[Repealed, 8 SR 596]
Minn. R. 3525.2405 Directors
Subpart 1. Director requirement.
The school board in every district shall employ, either singly or cooperatively, a director of special education to be responsible for program development, coordination, and evaluation; in-service training; and general special education supervision and administration in the district's total special education system. Cooperative employment of a director may be through a host district, joint powers agreement, or a service cooperative. A director may not be assigned direct instructional duties.
Subp. 2.
[Repealed, 24 SR 1799]
Subp. 3.
[Repealed, 24 SR 1799]
Subp. 4.
[Repealed, 19 SR 2432]
History
- Statutory Authority: MS s 14.389; 120.17; 121.11; L 1994 c 647 art 3 s 23; L 1999 c 123 s 19,20
- History: 8 SR 596; 19 SR 2432; L 1996 c 305 art 1 s 138; L 1998 c 397 art 11 s 3; 24 SR 1799; 26 SR 657
Minn. R. 3525.2410 [Repealed, 19 SR 2432]
[Repealed, 19 SR 2432]
Minn. R. 3525.2415 [Repealed, 19 SR 2432]
[Repealed, 19 SR 2432]
Minn. R. 3525.2420 [Repealed, 24 SR 1799]
[Repealed, 24 SR 1799]
Minn. R. 3525.2430 [Repealed, 19 SR 2432]
[Repealed, 19 SR 2432]
Minn. R. 3525.2435 Effort to Locate Parent
Reasonable efforts shall be made to locate the parent. These may be made through documented phone calls, letters, certified letters with return receipts, and visits to the parent's last known address.
History
- Statutory Authority: MS s 120.17
- History: 8 SR 596; L 1998 c 397 art 11 s 3
Minn. R. 3525.2440 Surrogate Parent Appointment
The district shall appoint the surrogate parent when:
A. the parent, guardian, or conservator is unknown or unavailable;
B. the pupil is a ward of the commissioner of human services; or
C. the parent requests in writing the appointment of a surrogate parent. The request may be revoked in writing at any time.
History
- Statutory Authority: MS s 120.17
- History: 8 SR 596; 14 SR 281; L 1998 c 397 art 11 s 3
Minn. R. 3525.2445 [Repealed, L 2009 c 96 art 3 s 22]
[Repealed, L 2009 c 96 art 3 s 22]
Minn. R. 3525.2450 Removal of Surrogate Parent
A surrogate parent may be removed by majority vote of the school board. The surrogate parent must be notified of the time and place of the meeting at which a vote is to be taken and of the reasons for the proposed removal. The surrogate parent shall be given the opportunity to be heard. Removal may be for any of the following reasons:
A. failure to perform the duties required in the team meeting and IEP process and those cited in Code of Federal Regulations, title 34, part 300 and United States Code, title 20, chapter 22, sections 1400 et seq.;
B. conflict of interest as referenced in Code of Federal Regulations, title 34, section 300.515(c)(2);
C. actions that threaten the well-being of the assigned pupil;
D. failure to appear to represent the pupil; or
E. the pupil no longer needs special education and related services.
History
- Statutory Authority: MS s 120.17; L 1999 c 123 s 19,20
- History: 8 SR 596; 14 SR 281; L 1998 c 397 art 11 s 3; 26 SR 657
Minn. R. 3525.2455 Surrogate Parent Knowledge and Skills
The district shall either make the information and training available to the surrogate parent or appoint a surrogate parent who has all of the following:
A. a knowledge of state and federal requirements;
B. a knowledge of district structure and procedures;
C. an understanding of the nature of the pupil's disability and needs; and
D. an ability to effectively advocate for an appropriate educational program for the pupil.
History
- Statutory Authority: MS s 120.17; L 1999 c 123 s 19,20
- History: 8 SR 596; L 1998 c 397 art 11 s 3; 26 SR 657
Minn. R. 3525.2470 [Repealed, L 1999 c 123 s 21]
[Repealed, L 1999 c 123 s 21]
Minn. R. 3525.2500 [Repealed, 19 SR 2432]
[Repealed, 19 SR 2432]
Minn. R. 3525.2550 Conduct Before Evaluation
Subpart 1.
[Repealed, 26 SR 657]
Subp. 2. Team duties.
The team shall conduct 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.
History
- Statutory Authority: MS s 120.17; 121.11; L 1994 c 647 art 3 s 23; L 1999 c 123 s 19,20
- History: 14 SR 281; 19 SR 2432; L 1998 c 397 art 11 s 3; 26 SR 657
Minn. R. 3525.2600 [Renumbered 3525.2750]
[Renumbered 3525.2750]
Minn. R. 3525.2650 [Repealed, 24 SR 1799]
[Repealed, 24 SR 1799]
Minn. R. 3525.2700 [Renumbered 3525.2550]
[Renumbered 3525.2550]
Minn. R. 3525.2710 Evaluations and Reevaluations
Subpart 1. Initial evaluations.
A school district shall conduct a full and individual initial evaluation according to this part before the initial provision of special education and related services to a pupil under this chapter. The initial evaluation shall consist 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 shall obtain an informed consent from the parent of the child before the evaluation is conducted. A district may not override the written refusal of a parent to consent to an initial evaluation or reevaluation. Parental consent for evaluation shall not be construed as consent for placement for receipt of special education and related services.
Subp. 2. Reevaluations.
A district shall ensure that a reevaluation of each pupil is conducted if conditions warrant a reevaluation or if the pupil's parent or teacher requests a reevaluation, but at least once every three years and in accordance with subparts 3 and 4.
Subp. 3. Evaluation procedures.
Evaluations and reevaluations shall be conducted according to the following procedures:
A. The district shall provide notice to the parents of a pupil, according to Code of Federal Regulations, title 34, sections 300.500 to 300.505, that describes any evaluation procedures the district proposes to conduct.
B. In conducting the evaluation, the district shall:
C. Each district shall ensure that:
D. Upon completion of administration of tests and other evaluation materials, the determination of whether the child is a pupil with a disability as defined in Minnesota Statutes, section 125A.02, shall be made by a team of qualified professionals and the parent of the pupil in accordance with item E, and a copy of the evaluation report and the documentation of determination of eligibility will be given to the parent.
E. In making a determination of eligibility under item D, a child shall not be determined to be a pupil with a disability if the determinant factor for such determination is lack of instruction in reading or math or limited English proficiency, and the child does not otherwise meet eligibility criteria under parts 3525.1325 to 3525.1351.
Subp. 4. Additional requirements for evaluations and reevaluations.
A. As part of an initial evaluation, if appropriate, and as part of any reevaluation under this part, or a reinstatement under part 3525.3100, the IEP team and other qualified professionals, as appropriate, shall:
B. The district shall administer such tests and other evaluation materials as may be needed to produce the data identified by the IEP team under item A, subitem (2).
C. Each district shall obtain informed parental consent, in accordance with subpart 1, prior to conducting any reevaluation of a pupil, except that such informed parental consent need not be obtained if the district can demonstrate that it had taken reasonable measures to obtain such consent and the pupil's parent has failed to respond.
D. If the IEP team and other qualified professionals, as appropriate, determine that no additional data are needed to determine whether the pupil continues to be a pupil with a disability, the district shall notify the pupil's parents of that determination and the reasons for it, and the right of such parents to request an evaluation to determine whether the pupil continues to be a pupil with a disability, and shall not be required to conduct such an evaluation unless requested to by the pupil's parents.
E. A district shall evaluate a pupil in accordance with this part before determining that the pupil is no longer a pupil with a disability.
F. Prior to using any restrictive procedures, the IEP team must conduct a functional behavioral assessment (FBA) as defined in part 3525.0210, subpart 22. The team must also document that it has ruled out any other treatable cause for the behavior, for example, a medical or health condition, for the interfering behavior.
Subp. 5. Procedures for determining eligibility and placement.
A. In interpreting the evaluation data for the purpose of determining if a child is a pupil with a disability under parts 3525.1325 to 3525.1351 and the educational needs of the child, the school district shall:
B. If a determination is made that a child is a pupil with a disability who needs special education and related services, an IEP must be developed for the pupil according to part 3525.2810.
Subp. 6. Evaluation report.
An evaluation report must be completed and delivered to the pupil's parents within the specified evaluation timeline. At a minimum, the evaluation report must include:
A. a summary of all evaluation results;
B. documentation of whether the pupil has a particular category of disability or, in the case of a reevaluation, whether the pupil continues to have such a disability;
C. the pupil's present levels of performance and educational needs that derive from the disability;
D. whether the child needs special education and related services or, in the case of a reevaluation, whether the pupil continues to need special education and related services; and
E. whether any additions or modifications to the special education and related services are needed to enable the pupil to meet the measurable annual goals set out in the pupil's IEP and to participate, as appropriate, in the general curriculum.
History
- Statutory Authority: MS s 14.389; L 1999 c 123 s 19,20; L 2014 c 312 art 17 s 12
- History: 26 SR 657; 28 SR 1292; 32 SR 653; L 2012 c 239 art 1 s 33; 39 SR 1168
Minn. R. 3525.2750 Repealed by subpart
Subpart 1.
[Repealed, 26 SR 657; item B Repealed, L 1998 c 398 art 2 s 63]
Subp. 2.
[Repealed, 19 SR 2432; 26 SR 657]
Subp. 3.
[Repealed, 26 SR 657]
Minn. R. 3525.2800 [Renumbered 3525.2650]
[Renumbered 3525.2650]
Minn. R. 3525.2810 Development of Individualized Education Program Plan
Subpart 1. Definitions.
As used in this chapter, the terms defined in this part have the meanings given them.
A. "Individualized education program" or "IEP" means a written statement for each pupil that is developed, reviewed, and revised in a meeting in accordance with this part and that includes:
B. "Individualized education program team" or "IEP team" means a group of individuals that must include:
Subp. 2. Development of IEP.
A. In developing each pupil's IEP, the IEP team must consider the strengths of the pupil; the concerns of the parents for enhancing the education of the pupil; the results of the initial evaluation or most recent evaluation of the pupil; and the academic, developmental, and functional needs of the pupil. The IEP team may report the pupil's performance on general state or districtwide assessments in the pupil's individualized education program.
B. The IEP team shall:
C. If, in considering the special factors described in items A and B, the IEP team determines the pupil needs a particular device or service, including an intervention, accommodation, or other program modification, in order for the pupil to receive FAPE, the IEP team must include a statement to that effect in the pupil's IEP.
D. The regular education teacher of the pupil, as a member of the IEP team, shall, to the extent appropriate, participate in the development of the IEP of the pupil, including the determination of appropriate positive behavioral interventions and strategies and the determination of supplementary aids and services, program modifications, and support for school personnel consistent with subpart 1, item A, subitem (3).
Subp. 3. Review and revision of IEP.
A. The district shall ensure that the IEP team reviews the pupil's IEP periodically, but not less than annually to determine whether the annual goals for the pupil are being achieved, and revises the IEP as appropriate to address:
B. The regular education teacher of the pupil, as a member of the IEP team, shall, to the extent appropriate, participate in the review and revision of the IEP of the pupil.
Subp. 4. Failure to meet transition objectives.
If a participating agency, other than the local school district, fails to provide the transition services described in the IEP in accordance with subpart 1, item A, subitem (7), the district shall reconvene the IEP team to identify alternative strategies to meet the transition objectives for the pupil set out in that program.
Subp. 5. Construction.
Nothing in this part shall be construed to require the IEP team to include information under one component of a pupil's IEP that is already contained under another component of such IEP.
History
- Statutory Authority: L 1999 c 123 s 19,20; L 2019 1Sp11 art 4 s 10
- History: 26 SR 657; 28 SR 1292; L 2009 c 96 art 3 s 22; L 2012 c 239 art 1 s 33; 45 SR 953
Minn. R. 3525.2850 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3525.2900 Transition and Behavioral Intervention Planning
Subpart 1.
[Repealed, 26 SR 657]
Subp. 2.
[Repealed, 16 SR 1543]
Subp. 3.
[Repealed, 26 SR 657]
Subp. 4.
[Repealed, 16 SR 1543]
Subp. 4. Transition planning.
During grade nine the IEP plan shall address the pupil's needs for transition from secondary services to postsecondary education and training, employment, and community living.
A. For each pupil, the district shall conduct an evaluation of secondary transition needs and plan appropriate services to meet the pupil's transition needs. The areas of evaluation and planning must be relevant to the pupil's needs and may include work, recreation and leisure, home living, community participation, and postsecondary training and learning opportunities. To appropriately evaluate and plan for a pupil's secondary transition, additional IEP team members may be necessary and may include vocational education staff members and other community agency representatives as appropriate.
B. Secondary transition evaluation results must be documented as part of an evaluation report. Current and secondary transition needs, goals, and instructional and related services to meet the pupil's secondary transition needs must be considered by the team with annual needs, goals, objectives, and services documented on the pupil's IEP.
Subp. 5.
[Repealed, 16 SR 1543]
Subp. 5.
MR 2011 [Repealed, L 2009 c 96 art 3 s 22]
History
- Statutory Authority: MS s 14.389; 120.17; 121.11; L 1994 c 647 art 3 s 23; L 1999 c 123 s 19,20; L 2014 c 312 art 17 s 12
- History: 16 SR 1543; 19 SR 974; 19 SR 2432; L 1998 c 397 art 11 s 3; 26 SR 657; 28 SR 1292; L 2009 c 96 art 3 s 22; 39 SR 1168
Minn. R. 3525.2925 [Repealed, 19 SR 2432]
[Repealed, 19 SR 2432]
Minn. R. 3525.2950 [Repealed, 19 SR 2432]
[Repealed, 19 SR 2432]
Minn. R. 3525.3000 [Repealed, 24 SR 1799]
[Repealed, 24 SR 1799]
Minn. R. 3525.3010 Educational Placement
Subpart 1. Continuum of alternative placements.
Each district must ensure that a continuum of alternative placements is available to meet the needs of pupils for special education and related services. The continuum must:
A. include instruction in regular classes, special classes, special schools, home instruction, and instruction in schools and hospitals; and
B. make provision for supplementary services, including resource room or itinerant instruction, to be provided in conjunction with regular class placement.
Subp. 2. General least restrictive environment requirements.
Each district must ensure that pupils are placed in the least restrictive environment according to Code of Federal Regulations, title 34, section 300.114.
Subp. 3. Nonacademic settings.
In providing or arranging for the provision of nonacademic and extracurricular services and activities, including meals, recess periods, and the services and activities set forth in Code of Federal Regulations, title 34, section 300.306, each district must ensure that each pupil participates with nondisabled students in those services and activities to the maximum extent appropriate to the needs of that pupil.
Subp. 4. Educational placement.
Each district shall ensure that the parents of each pupil are members of any group that makes decisions on the educational placement of the pupil.
History
- Statutory Authority: MS s 14.389; L 1999 c 123 s 19,20; L 2014 c 312 art 17 s 12
- History: 26 SR 657; 39 SR 1168
Minn. R. 3525.3100 Follow-Up Review Requirements
Pupils who are discontinued from all special education services may be reinstated within 12 months. If data on the pupil's present levels of performance are available and an evaluation had been conducted within three years pursuant to part 3525.2710, the district is not required to document two prereferral interventions or conduct a new evaluation.
History
- Statutory Authority: MS s 120.17; 121.11; L 1994 c 647 art 3 s 23; L 1999 c 123 s 19,20
- History: 8 SR 596; 14 SR 281; 16 SR 1543; 19 SR 2432; L 1998 c 397 art 11 s 3; 26 SR 657
Minn. R. 3525.3150 [Repealed, 24 SR 1799]
[Repealed, 24 SR 1799]
Minn. R. 3525.3200 [Repealed, 24 SR 1799]
[Repealed, 24 SR 1799]
Minn. R. 3525.3300 [Repealed, 28 SR 1292]
[Repealed, 28 SR 1292]
Minn. R. 3525.3400 [Repealed, 28 SR 1292]
[Repealed, 28 SR 1292]
Minn. R. 3525.3500 [Repealed, 24 SR 1799]
[Repealed, 24 SR 1799]
Minn. R. 3525.3600 Prior Written Notice
When a district proposes or refuses to initiate or change the identification, evaluation, or educational placement of a pupil, or the provision of FAPE to the pupil, the district must serve prior written notice on the parent. The district must serve the notice on the parent within a reasonable time, and in no case less than 14 calendar days before the proposed effective date of change or evaluation. If the notice only includes a refusal of a request, it must be served on the parent within 14 calendar days of the date the request was made.
The notice must meet the requirements of Minnesota Statutes, section 125A.091, subdivisions 3 and 4. The notice must also:
A. inform the parents that the school district will not proceed with the initial placement and provision of services as defined in part 3525.0210 without prior written consent of the pupil's parents;
B. inform the parents that except for the initial placement and provision of services, the district will proceed with the proposed placement and provision of services unless the parents object in writing on the enclosed response form or otherwise in writing within 14 calendar days of when the district sends the prior written notice to the parent; and
C. inform the parents that if they refuse to provide prior written consent for initial evaluation or initial placement or object in writing to any proposal, or if the district refuses to initiate or change the identification, evaluation, or educational placement or the provision of a free appropriate public education to the pupil, the parent may request a conciliation conference. The district must provide the parents with a copy of the proposed individual educational program plan as described in part 3525.2810, subpart 1, item A, whenever the district proposes to initiate or change the content of the IEP.
History
- Statutory Authority: MS s 14.389; 120.17; 121.11; L 1994 c 647 art 3 s 23; L 1999 c 123 s 19,20; L 2003 1Sp9 art 3 s 19; L 2014 c 312 art 17 s 12
- History: 14 SR 281; 16 SR 1543; L 1991 c 265 art 3 s 38; 19 SR 2432; L 1998 c 397 art 11 s 3; 26 SR 657; 28 SR 1292; 39 SR 1168
Minn. R. 3525.3700 Conciliation Conference
Subpart 1. When a conference must be offered.
Parents must have an opportunity to meet with appropriate district staff in at least one conciliation conference if the parents object to any proposal or refusal of which the parents are notified under Minnesota Statutes, section 125A.091, subdivision 2. If the parent refuses efforts by the district to conciliate the dispute with the district, the district is deemed to have satisfied its requirement to offer a conciliation conference.
Subp. 1a. When and where held; results.
A conciliation conference must be held in accordance with items A to E.
A. A conciliation conference must be held within ten calendar days from the date the district receives a parent's objection and at a time and place mutually convenient to the parent and school district representatives.
B. A conciliation conference must not be used to unilaterally delay or deny a parent's right to a hearing.
C. Statements made during a conciliation conference must remain confidential and may not be admitted in evidence in a due process hearing, except as provided in item D, and except to allow a party to establish at a due process hearing that a particular service or action was requested or offered.
D. Within five school days after the final conciliation conference, the district must provide the parent with a written memorandum that conforms with Minnesota Statutes, section 125A.091, subdivisions 3 and 4, and must provide the parent with any proposed IEP resulting from the conciliation conference. The memorandum and IEP are admissible evidence in a due process hearing.
E. If the proposed action is an initial evaluation, initial placement, or the initial provision of special education, the district must not proceed until the parents give written informed consent. For all other proposed actions, the district must proceed 14 calendar days after the memorandum is provided to the parents, unless the parent objects in writing to the proposed action within that time period.
Subp. 2.
[Repealed, 26 SR 657]
Subp. 3. Refusal to conciliate; request for hearing.
When the parent refuses efforts by the district to conciliate the dispute and notifies the district of the intent to go to an impartial due process hearing, the district must inform the parent of the procedure for requesting the hearing and all other procedural safeguards pursuant to part 3525.3900, subpart 3, item J, and Code of Federal Regulations, title 34, section 300.504.
History
- Statutory Authority: MS s 14.389; 120.17; 121.11; L 1994 c 647 art 3 s 23; L 1999 c 123 s 19,20; L 2003 1Sp9 art 3 s 19; L 2014 c 312 art 17 s 12
- History: 14 SR 281; 19 SR 2432; L 1998 c 397 art 11 s 3; 26 SR 657; 28 SR 1292; 39 SR 1168
Minn. R. 3525.3750 Mediation and Other Alternative Dispute Resolution
Pursuant to Minnesota Statutes, section 125A.091, and Code of Federal Regulations, title 34, section 300.506, districts must make mediation available. Districts must also inform parents of other forms of alternative dispute resolution to encourage resolution of disputes about any matter described in Minnesota Statutes, section 125A.091, subdivision 12. Mediations and other forms of alternative dispute resolution, except for conciliation, are voluntary for both parties. A district must not use a mediation or other form of alternative dispute resolution to unilaterally delay or deny a parent's right to a hearing. Mediation must be conducted in accordance with Code of Federal Regulations, title 34, section 300.506. Other forms of alternative dispute resolution must be conducted pursuant to the agreement of the parties.
History
- Statutory Authority: L 1999 c 123 s 19,20; L 2003 1Sp9 art 3 s 19
- History: 26 SR 657; 28 SR 1292
Minn. R. 3525.3790 Time Computation
In computing any period of time prescribed by this chapter, the day of the event from which the designated period of time begins to run shall not be included. The last day of the time period shall be included, unless it is a Saturday, Sunday, or a legal holiday, in which case the time period ends on the next day which is not a Saturday, Sunday, or legal holiday.
History
- Statutory Authority: L 2003 1Sp9 art 3 s 19
- History: 28 SR 1292
Minn. R. 3525.3800 [Repealed, 28 SR 1292]
[Repealed, 28 SR 1292]
Minn. R. 3525.3900 Initiating a Due Process Hearing
Subpart 1. Request to be filed with department.
A parent or a district is entitled to an impartial due process hearing conducted by the state when a dispute arises over the identification, evaluation, educational placement, manifestation determination, interim alternative educational placement, or the provision of a free appropriate public education to a child with a disability. A request for a due process hearing must be in writing and filed with the department. A school district administrator receiving a request for a due process hearing must immediately file the request with the department and in no case more than two business days following receipt of the request. If the request for a due process hearing is filed directly with the department, the department must notify the district of the request immediately and in no case more than two business days following receipt of the request. The department must not deny a request for hearing if it is incomplete. When a district is notified of a due process hearing request it must serve notice on the parent, within two business days, which includes the federally required procedural safeguards notice and the information required under subpart 3, item J, if it has not already done so as part of the pending dispute.
Subp. 2. Parent request for hearing.
A parent request for hearing must include:
A. a statement indicating the parents request a hearing;
B. the name and address of the child involved;
C. the name, address, and telephone number, if available, of the parent;
D. the name of the school the child is attending at the time of the request;
E. the name or number of the school district of the parent's residence;
F. a description of the nature of the problem about the provision of special education services to the student, including facts relating to the problem; and
G. a proposed resolution of the problem to the extent known and available to the parents at the time of the request.
Subp. 3. District request for hearing.
A district must serve a written notice of hearing on the parents and file it with the department in order to initiate a hearing. The notice must include:
A. a statement that the district requests a hearing;
B. the name and address of the child involved;
C. the name, address, and telephone number, if available, of the parent;
D. the name of the school the child is attending at the time of the request;
E. the name or number of the school district of the parent's residence;
F. a description of the proposed initiation or change, including facts relating to the proposal or change;
G. a proposed resolution of the problem;
H. a copy of the current or proposed IEP, evaluation plan, and any relevant progress information;
I. a copy of the prior written notice; and
J. a statement of the basic procedures and safeguards for due process hearings that includes the items in subpart 4.
Subp. 4. Requirements of basic procedures and safeguards notice.
The statement of the basic procedures and safeguards in subpart 3, item J, must include:
A. the names and telephone numbers of any free or low-cost legal or other advocacy services available in the area and a statement that both parties have the right to be assisted by counsel and by individuals with special knowledge or training with respect to the problems of children with disabilities;
B. a statement that the hearing will take place before an impartial hearing officer assigned by the department. If the department is the provider of services to the child, this statement must indicate that the department will request the Office of Administrative Hearings to appoint a qualified hearing officer;
C. a statement that the parent will receive notice of the time, date, and place of the evidentiary hearing from the hearing officer at least ten calendar days in advance of the evidentiary hearing. This statement must also state that, with the exception of an expedited hearing, the evidentiary hearing must be held within 30 calendar days from the date the hearing request was filed with the department, at a location within the district responsible for ensuring a free appropriate public education is provided to the student;
D. a statement that both parties have the right to present evidence and confront, cross-examine, and compel the attendance of witnesses;
E. a statement that the hearing officer will prohibit, at the request of either party, evidence not disclosed five business days before the evidentiary hearing, including evaluations completed by that date and recommendations based on those evaluations;
F. a statement that the burden of proof at a due process hearing is on the party seeking relief, by a preponderance of the evidence, that it is complying with the law and offered or provided a free appropriate public education to the child in the least restrictive environment. If the district has not offered or provided a free appropriate public education in the least restrictive environment and the parent wants the district to pay for a private placement, the burden of proof is on the parent to demonstrate, by a preponderance of the evidence, that the private placement is appropriate;
G. a statement that, with the exception of an expedited hearing for which a decision must be rendered within ten days, the hearing officer will make a written decision based only on evidence received and introduced into the record at the hearing not more than 45 calendar days from the date the hearing request was filed with the department and that the proposed action or refusal will be upheld only upon showing by the school district by a preponderance of the evidence;
H. a statement that the parent or district may appeal a decision of the hearing officer to the Minnesota Court of Appeals within 60 calendar days of receipt of the decision or to the United States District Court for the District of Minnesota;
I. a statement that unless the district and parents agree otherwise, the pupil shall not be denied initial admission to school and the pupil's education program shall not be changed;
J. a statement that the parents have the burden of proving, by a preponderance of the evidence, that services for which the parents are paying or have paid, and for which the parents are seeking public funds, are appropriate for the pupil. This statement must also indicate that in order for parents to prevail, the hearing officer must have found that the district has failed to provide a free appropriate public education in the least restrictive environment;
K. a statement that the parents may choose to have the pupil, who is the subject of the hearing, present and that they may open the evidentiary hearing to the public;
L. a statement that the department will provide the parents with a written verbatim record of the hearing, at no cost, as well as the findings of fact and decision;
M. a statement that parents prevailing at a hearing may be entitled to reasonable attorney fees at the discretion of the court; and
N. a statement that the hearing officer may apply a statute of limitations that may limit the complaints that will be heard.
Subp. 5. Appointment.
The department must appoint a hearing officer within two business days of the date the hearing request was filed with the department.
History
- Statutory Authority: MS s 14.389; 120.17; 121.11; L 1994 c 647 art 3 s 23; L 1999 c 123 s 19,20; L 2003 1Sp9 art 3 s 19; L 2014 c 312 art 17 s 12
- History: 14 SR 281; L 1991 c 265 art 3 s 38; 19 SR 2432; L 1998 c 397 art 11 s 3; 24 SR 1799; 26 SR 657; 28 SR 1292; 39 SR 1168
Minn. R. 3525.4000 [Repealed, 28 SR 1292]
[Repealed, 28 SR 1292]
Minn. R. 3525.4010 Hearing System Data
Subpart 1.
[Repealed, 39 SR 1168]
Subp. 2.
[Repealed, 39 SR 1168]
Subp. 3. Evaluation.
The department will collect and maintain data on the hearing system which must include, at a minimum: the number of hearing requests, the method of resolving hearings, and participant evaluation of the process and outcome.
History
- Statutory Authority: L 2003 1Sp9 art 3 s 19
- History: 28 SR 1292; 39 SR 1168
Minn. R. 3525.4100 [Repealed, 28 SR 1292]
[Repealed, 28 SR 1292]
Minn. R. 3525.4110 Prehearing Conference
Subpart 1. Generally.
A prehearing conference must be held within five business days of the date the department appoints the hearing officer. The hearing officer will initiate the prehearing conference which may be conducted by telephone or in person at a location within the district. The hearing officer will have a written verbatim record of the prehearing conference created which must be made available to both parties if either party requests the record.
Subp. 2. Purpose.
The hearing officer has the following duties at a prehearing conference:
A. The hearing officer must establish the management, control, and location of the hearing to ensure its fair, efficient, and effective disposition including, but not limited to:
B. The hearing officer must clearly identify the questions the hearing officer must answer to resolve the dispute and eliminate claims and complaints that are frivolous or beyond a statute of limitations period. If necessary, the hearing officer must assist the parties in identifying the issues for hearing.
C. The hearing officer must set a scheduling order for the hearing and for any additional prehearing activities including requests for extensions to the 45-day timeline in which to dispose of the matter. A hearing officer may only grant an extension for a period of up to 30 calendar days if the requesting party shows good cause on the record. Extensions may last longer than 30 calendar days if both parties agree and the hearing officer approves. All written orders granting or denying motions must be filed with the department. All orders granting or denying motions to extend the 45-day timeline must be in writing. The hearing officer may require an independent education evaluation be conducted at district expense.
D. The hearing officer must determine if the hearing may be disposed of without an evidentiary hearing and set the schedule and procedure accordingly. The hearing officer may dispose of any issue without an evidentiary hearing if there are no material facts in dispute. The hearing officer may facilitate a settlement, if possible, including suggesting the parties participate in mediation or another alternative dispute resolution option.
Subp. 3. Hearing officer authority.
The hearing officer has the authority to take any actions necessary to ensure the compliance with all requirements of law and may dismiss the matter, with or without prejudice, if the party requesting the hearing fails to provide information required or ordered by the hearing officer.
Subp. 4. Subpoenas.
Parties may request subpoenas for witnesses from the hearing officer. A subpoena must include a statement that federal law gives parties to a special education due process hearing the right to compel the attendance of witnesses. A hearing officer may refuse to issue a subpoena for a proposed witness who is to offer evidence the hearing officer determines will be incompetent, irrelevant, immaterial, or unduly repetitious.
History
- Statutory Authority: L 2003 1Sp9 art 3 s 19
- History: 28 SR 1292
Minn. R. 3525.4200 [Repealed, 26 SR 657]
[Repealed, 26 SR 657]
Minn. R. 3525.4210 [Repealed, 28 SR 1292]
[Repealed, 28 SR 1292]
Minn. R. 3525.4220 [Repealed, L 2009 c 96 art 3 s 22]
[Repealed, L 2009 c 96 art 3 s 22]
Minn. R. 3525.4300 Hearing Procedures
Subpart 1. Generally.
The hearing officer shall preside over and conduct the hearing and shall rule on procedural and evidentiary matters. The hearing officer must ensure that issues for hearing are appropriately identified and that evidence is limited to that which is relevant to the issues and not cumulative. The hearing officer must limit the hearing to the amount of time necessary for each party to present its case and must establish the means for doing so. The hearing officer has authority to question witnesses and request information.
A written record of the hearing shall be made.
Subp. 2. Protective orders.
When a party is asked to reveal data that the opposing party is not privileged to see, the party from whom the data is requested may bring the matter to the attention of the hearing officer who will review the data in camera and make protective orders that are reasonable and necessary or as otherwise provided by law. The hearing officer may refer the in camera review to another hearing officer if requested to do so by a party.
Subp. 3. Responding to orders.
If the hearing officer orders that parties do an act or not do an act, the parties must comply with the order. Objections to orders must be made as part of the record as promptly as possible.
Subp. 4. Copies.
The hearing officer must send copies of all orders or decisions to all parties simultaneously. Any party sending a letter, exhibit, brief, memorandum, subpoena request, or other document to the hearing officer must simultaneously send a copy to all other parties.
Subp. 5. Representation by attorney.
A party need not be represented by an attorney. If a party is represented by an attorney and notifies the other parties of such representation, all communications pertaining to the hearing must be directed to that attorney.
Subp. 6. Communication with hearing officer.
No party or attorney may communicate with the hearing officer on the merits of the case unless all parties have the opportunity to participate.
Subp. 7. Witnesses.
Any party may be a witness and may present witnesses on the party's behalf at the hearing. All oral testimony at the hearing must be under oath or affirmation. At the request of a party or upon the hearing officer's own motion, the hearing officer may exclude witnesses from the hearing room so that they cannot hear the testimony of other witnesses. The hearing officer has authority to question witnesses and request information.
History
- Statutory Authority: MS s 14.389; 120.17; 121.11; L 1994 c 647 art 3 s 23; L 1999 c 123 s 19,20; L 2003 1Sp9 art 3 s 19
- History: 14 SR 281; L 1991 c 265 art 3 s 38; 19 SR 2432; L 1998 c 397 art 11 s 3; 24 SR 1799; 26 SR 657; 28 SR 1292
Minn. R. 3525.4320 Rules of Evidence
Subpart 1. Admissible evidence.
The hearing officer may admit all evidence that possesses probative value, including hearsay, if it is the type of evidence on which reasonable, prudent persons are accustomed to rely in the conduct of their serious affairs. The hearing officer must give effect to the rules of privilege recognized by law. The hearing officer must exclude evidence that is incompetent, irrelevant, immaterial, or unduly repetitious. The testimony or records of mediators or state-provided IEP meeting facilitators are not admissible. The hearing officer may admit evidence offered for the purpose of impeachment even if not disclosed five days prior to the hearing.
Subp. 2. Evidence part of record.
All evidence to be considered in the case must be offered and made a part of the record in the case. The hearing officer must not consider any other factual information or evidence in the determination of the case. This does not prohibit the hearing officer from questioning witnesses or seeking other evidence from the parties and directing them to provide it.
Subp. 3. Documents.
Documentary evidence in the form of copies or excerpts may be received or incorporated by reference in the discretion of the hearing officer or upon agreement of the parties. A hearing officer may receive copies of a document to the same extent as the original document.
Subp. 4. Official notice of facts.
The hearing officer may take notice of judicially cognizable facts but must do so on the record and with the opportunity for any party to contest the facts so noticed.
History
- Statutory Authority: L 2003 1Sp9 art 3 s 19
- History: 28 SR 1292
Minn. R. 3525.4350 Consolidation of Cases
Subpart 1. Standards for consolidation.
The hearing officer may consolidate two or more separate cases for hearing if the cases present substantially the same issues of fact and law, if the consolidation would save time and costs, and if consolidation would not prejudice any party.
Subp. 2. Request for consolidation.
A party requesting consolidation must serve a written request for consolidation on all parties to the cases to be consolidated and must file the originals with the hearing officers assigned to the cases, together with a proof of service showing service as required herein. Any party objecting to the request must serve and file their objections within five calendar days following service of the request for consolidation.
Subp. 3. Determination.
When more than one hearing officer is assigned to the cases that are the subject of the request for consolidation, the hearing officer assigned to the first case filed with the department will make the determination regarding consolidation.
Subp. 4. Order.
Upon determining whether cases should be consolidated, the hearing officer must serve a written order on all parties and on the department. The order must contain information such as a description of the cases for consolidation, the reasons for the decision, and a notification of a consolidated prehearing conference if one is being scheduled.
History
- Statutory Authority: L 2003 1Sp9 art 3 s 19
- History: 28 SR 1292
Minn. R. 3525.4400 [Repealed, 26 SR 657]
[Repealed, 26 SR 657]
Minn. R. 3525.4410 [Repealed, 28 SR 1292]
[Repealed, 28 SR 1292]
Minn. R. 3525.4420 Decisions of Hearing Officer
The hearing officer must issue a written decision or order after the hearing and serve the decision or order on all parties. This order must include information detailing the right to appeal the decision and the time in which to do so. The hearing officer must maintain the hearing record until the date of the final decision or order and send it to the department within one week of the issuance of the final decision or order. The record must include all pleadings, motions and orders; evidence offered or considered; offers of proof, objections, and rulings thereon; the hearing officer's final decision or order; all memoranda or data submitted by any party in connection with the case; and the transcripts of all proceedings. The hearing officer's decision is final on the date the decision is issued.
A decision must:
A. be in writing;
B. state the controlling and material facts to which the law is applied;
C. state the conclusions of law applied to the facts; and
D. be based on local standards, state statute, the rules of the department, and federal law. A summary disposition based upon stipulation, settlement, or withdrawal of a hearing request need not contain extensive findings or conclusions. An order, to be treated as a consent decree approved by the hearing officer, must expressly state it is a consent order.
History
- Statutory Authority: L 2003 1Sp9 art 3 s 19
- History: 28 SR 1292
Minn. R. 3525.4500 [Repealed, 28 SR 1292]
[Repealed, 28 SR 1292]
Minn. R. 3525.4600 [Repealed, 28 SR 1292]
[Repealed, 28 SR 1292]
Minn. R. 3525.4700 Enforcement and Appeals
If the district fails to implement the hearing officer's decision, the parent has the right to bring the failure to the attention of the department through the special education complaint process. The department must monitor final orders and ensure they are enforced. In accordance with Minnesota Statutes, section 127A.42, the commissioner may impose sanctions necessary to correct any failure. Once the hearing officer has issued a final decision, the hearing officer lacks authority to amend the decision except for clerical or mathematical errors. The parent or district may seek review of the hearing officer's decision in the Minnesota Court of Appeals or in the federal district court, consistent with federal law. A party must appeal to the Minnesota Court of Appeals within 60 calendar days of receiving the hearing officer's decision.
History
- Statutory Authority: MS s 14.389; 120.17; L 1999 c 123 s 19,20; L 2003 1Sp9 art 3 s 19
- History: 14 SR 281; L 1998 c 397 art 11 s 3; L 1998 c 398 art 5 s 55; 24 SR 1799; 26 SR 657; L 2003 c 130 s 12; 28 SR 1292
Minn. R. 3525.4750 Expedited Hearings, Who May Request
Subpart 1. Parent request for a hearing.
A parent of a pupil with a disability may request an expedited due process hearing if the pupil's parent disagrees:
A. with the determination that the pupil's behavior subject to disciplinary action was not a manifestation of the pupil's disability;
B. with any decision regarding a change of the pupil's placement to an interim alternative educational setting for a weapon, controlled substance, or drug violation; or
C. with any decision regarding a change of the pupil's placement under Code of Federal Regulations, title 34, sections 300.520 to 300.528, that is based upon a district contention that the move is for disciplinary or safety reasons.
Subp. 2. Local education agency request for a hearing.
The local education agency may request an expedited hearing if school personnel maintain that the current placement of the pupil is substantially likely to result in injury to the pupil or to others.
Subp. 3. Continued placement.
When a district proposes that an interim alternative placement should continue beyond 45 calendar days, it must provide parents with a written statement of the reasons for this proposal.
History
- Statutory Authority: MS s 14.389; L 1999 c 123 s 19,20
- History: 24 SR 1799; 26 SR 657
Minn. R. 3525.4770 Expedited Hearings, Timelines
Subpart 1. When parents request hearing.
When requesting an expedited hearing the parents shall provide the district and department with:
A. a statement indicating the parents request an expedited hearing;
B. the name and address of the child involved;
C. the name, address, and telephone number, if available, of the parent;
D. the name of the school the child is attending at the time of the request;
E. the name or number of the school district of the parent's residence;
F. a description of the nature of the problem of the child relating to the manifestation determination, interim placement, or proposed interim placement, including facts relating to the problem; and
G. a proposed resolution of the problem to the extent known and available to the parents at the time. The parent's right to an expedited hearing must not be denied or delayed for failure to provide the notice required here. Immediately upon the district's receipt of the request for an expedited hearing or upon the initiation of an expedited hearing, the district shall serve the parents with a written notice of rights and procedures relative to the hearing, including the availability of free or low-cost legal services.
Subp. 2. When district requests hearing.
When the district requests an expedited hearing it shall provide the parents and department with a written notice of:
A. a description of the nature of the problem including the behavior for which the change of placement is requested;
B. a description of the interim placement or proposed interim placement; and
C. a proposed resolution of the problem to the extent known at the time.
Subp. 3. Hearing officer appointment.
Within two business days of receipt of the notice, the commissioner shall appoint a hearing officer.
Subp. 4.
[Repealed, 28 SR 1292]
Subp. 5. Disclosure of data.
At least three business days prior to an expedited hearing, or longer, if ordered by the hearing officer, each party shall disclose to all other parties all evaluations completed by that date and recommendations based on the offering party's evaluations that the party intends to use at the hearing. A hearing officer may bar any party who fails to comply with this subpart from introducing the relevant evaluation or recommendation at the hearing without the consent of the other party.
Subp. 6. Prehearing conference.
Within two business days of appointment, the hearing officer shall hold a prehearing conference, which may be by telephone. At that conference, or later, the hearing officer may take any appropriate action relating to scheduling, jurisdiction, and listing witnesses, including expert witnesses. Issues not raised in an expedited due process hearing are not waived in subsequent proceedings. Any exchange of witness lists, evidence, and any other information deemed necessary by the hearing officer shall be exchanged based on the timeline ordered by the hearing officer as required to allow the hearing officer to render a written decision within ten calendar days of the request for the hearing. At the prehearing conference, and subsequently, the hearing officer may order either party to submit educational records, evaluations, and any other information to the hearing officer for prehearing review. The hearing officer may establish procedures necessary to ensure the timely and fair resolution of the dispute.
Subp. 7.
[Repealed, 28 SR 1292]
Subp. 8. Decision.
A written decision for an expedited hearing shall be rendered by the hearing officer in ten school days from the date the hearing was requested. An extension of up to five calendar days may be granted by the hearing officer for good cause shown on the record. The decision is effective upon issuance consistent with Code of Federal Regulations, title 34, section 300.514. All regulations in this chapter apply to expedited due process hearings to the extent not modified by this part.
History
- Statutory Authority: MS s 14.389; L 1999 c 123 s 19,20; L 2003 1Sp9 art 3 s 19; L 2014 c 312 art 17 s 12
- History: 24 SR 1799; 26 SR 657; 28 SR 1292; 39 SR 1168
Minn. R. 3525.4800 [Repealed, 14 SR 281]
[Repealed, 14 SR 281]
Minn. R. 3525.4900 [Repealed, 14 SR 281]
[Repealed, 14 SR 281]
Minn. R. 3525.5000 [Repealed, 14 SR 281]
[Repealed, 14 SR 281]
Minn. R. 3525.5100 [Repealed, 14 SR 281]
[Repealed, 14 SR 281]
Minn. R. 3525.5200 [Repealed, 14 SR 281]
[Repealed, 14 SR 281]
Minn. R. 3525.5300 [Repealed, 14 SR 281]
[Repealed, 14 SR 281]
Minn. R. 3525.5400 [Repealed, 14 SR 281]
[Repealed, 14 SR 281]
Minn. R. 3525.5500 [Repealed, 14 SR 281]
[Repealed, 14 SR 281]
Minn. R. 3525.5600 [Repealed, 14 SR 281]
[Repealed, 14 SR 281]
Minn. R. 3525.5700 [Repealed, 14 SR 281]
[Repealed, 14 SR 281]
Minn. R. 3525.5800 [Repealed, 14 SR 281]
[Repealed, 14 SR 281]
Minn. R. 3525.5900 [Repealed, 14 SR 281]
[Repealed, 14 SR 281]
Minn. R. 3525.6000 [Repealed, 14 SR 281]
[Repealed, 14 SR 281]
Minn. R. 3525.6100 [Repealed, 14 SR 281]
[Repealed, 14 SR 281]
Minn. R. 3525.6200 [Repealed, 14 SR 281]
[Repealed, 14 SR 281]
Minn. R. 3525.6300 [Repealed, 14 SR 281]
[Repealed, 14 SR 281]
Minn. R. 3525.6400 [Repealed, 14 SR 281]
[Repealed, 14 SR 281]
Minn. R. 3525.6500 [Repealed, 14 SR 281]
[Repealed, 14 SR 281]
Minn. R. 3525.6600 [Repealed, 14 SR 281]
[Repealed, 14 SR 281]
Minn. R. 3525.6700 [Repealed, 14 SR 281]
[Repealed, 14 SR 281]
Minn. R. 3525.6800 [Repealed, 14 SR 281]
[Repealed, 14 SR 281]
Minn. R. 3525.6900 [Repealed, 14 SR 281]
[Repealed, 14 SR 281]
Minn. R. 3525.7000 [Repealed, 14 SR 281]
[Repealed, 14 SR 281]
Minn. R. 3525.7100 [Repealed, 14 SR 281]
[Repealed, 14 SR 281]
Minn. R. 3525.7200 [Repealed, 14 SR 281]
[Repealed, 14 SR 281]
Minn. R. 3525.7300 [Repealed, 14 SR 281]
[Repealed, 14 SR 281]
Minn. R. 3525.7400 [Repealed, 14 SR 281]
[Repealed, 14 SR 281]
Minn. R. 3525.7500 [Repealed, 14 SR 281]
[Repealed, 14 SR 281]
Chapter 3530 LIBRARIES; SCHOOL DISTRICT AND COMMUNITY SERVICES
Minn. R. 3530.0200 Grant Application
Subpart 1. Who may apply.
Regional library systems designated as eligible under provisions of Minnesota Statutes, section 134.34, subdivision 3, may apply for establishment grants as specified in part 3530.0800 and for regional library basic system support grants as specified in parts 3530.0900 to 3530.1200 and for special project grants as specified in parts 3530.1300 and 3530.1400. County and city public libraries which are participating in the aforementioned regional library systems may also apply for special project grants as specified in parts 3530.1300 and 3530.1400. The Minnesota Department of Corrections and the Minnesota Department of Human Services may apply for grants for institution library service and for library service for the blind and physically disabled as specified in part 3530.1500. Multicounty multitype library systems designated by the commissioner of education as eligible under provisions of Minnesota Statutes, section 134.351, subdivision 1, may apply for development grants as specified in parts 3530.1600 to 3530.2100 and for operating grants as specified in parts 3530.2200 to 3530.2600.
Subp. 2. Application forms.
All applications for grants shall be made on application forms provided by the Division of State Library Services, Minnesota Department of Education. Content of application form varies with each type of grant and is specified in parts 3530.0800 to 3530.2600.
Subp. 3. Application dates.
All grant applications shall be filed on or before July 1 to be considered for funding during the succeeding state fiscal year provided that applications for establishment grants shall be filed by regional library systems on or before July 1 or on or before January 1, to be considered for funding for the succeeding 12-month period. Applications for special project grants and for multicounty multitype library cooperation development grants shall be filed on a date established by the commissioner of education and published in the newsletter of the Division of State Library Services not less than 90 days before such date.
Subp. 4. Assurances.
Grant applicants shall sign a statement of assurance that:
A. grant funds shall be used only for the purposes for which granted as specified in the approved grant application or approved by the director of the Division of State Library Services in an amendment to the original application filed under provisions of parts 3530.0600 and 3530.0700;
B. a narrative report indicating program or project results accomplished and a report of grant expenditures shall be filed with the Division of State Library Services on forms supplied by the Division of State Library Services later than 90 days after the completion of the project or program, or the end of the state fiscal year, whichever is earlier provided that such period allowed shall not be less than 90 days;
C. if participation by a regional library system or a member local governmental unit is discontinued, ownership of the discontinuing system or unit's assets, including cash or the fair market value thereof if such assets cannot be transferred by the grantee, acquired during the last three years of participation from establishment grant and regional library basic system support grant funds, shall revert to the commissioner of education for reassignment for library services elsewhere; and
D. it will comply with the provisions of title VI of the Civil Rights Act of 1964, (United States Code, title 42, 2000d et seq.), its regulations and all other applicable federal and state laws, rules, and regulations.
History
- Statutory Authority: MS s 134.32; 134.36
- History: L 1984 c 654 art 5 s 58; L 1995 1Sp3 art 16 s 13; L 1998 c 398 art 5 s 55; L 2003 c 130 s 12; L 2004 c 294 art 5 s 21; L 2005 c 56 s 2; L 2013 c 116 art 7 s 22
Minn. R. 3530.0300 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3530.0400 Notification, Review, and Request for Additional Information
Applicants shall be notified of the receipt of their applications. The director of the Division of State Library Services shall review all applications for accuracy and completeness. Within 15 working days of receiving the application the director may request in writing the following additional information so that an applicant may more accurately or clearly describe the program or project for which grant funds are sought:
A. clarification of project or program objectives to better communicate functions or services to be performed;
B. clarification of proposed project or program implementation to better communicate how functions or services will be performed;
C. clarification of proposed project or program evaluation to better communicate evaluation methods to be used; and
D. any other information which would strengthen or clarify the application. If the additional information requested is not provided by the applicant within ten working days after the date of the request for additional information, the grant application shall be evaluated solely on the basis of the information it contains.
History
- Statutory Authority: MS s 134.32; 134.36
- History: L 2004 c 294 art 5 s 21; L 2013 c 116 art 7 s 22
Minn. R. 3530.0500 Grant Awards
Grants shall be awarded by the commissioner of education for projects and programs in compliance with the law and parts 3530.0200 to 3530.2600, subject to the availability of funds and such standards as are set forth for a grant program. All grant applicants shall be notified in writing within five working days of the action of the commissioner of education.
History
- Statutory Authority: MS s 134.32; 134.36
- History: L 1998 c 398 art 5 s 55; L 2003 c 130 s 12
Minn. R. 3530.0600 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3530.0700 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3530.0800 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3530.0900 Regional Library Basic System Support Grants
Regional library systems may apply for regional library basic system support grants. Applicants shall submit the following information:
A. name, address, and telephone number of applicant;
B. name of contact person;
C. names of participating governmental units and identification of nonparticipating governmental units within participating counties;
D. name, educational background, and library work experience of the chief administrative officer;
E. purposes for which grant funds are requested, including a statement of program objectives and identification of results to be accomplished;
F. provision for each participating governmental unit of the following financial information: the amount provided by the governmental unit for operating purposes of public library service during the preceding fiscal year; the amount provided by the governmental unit for operating purposes of public library service during the current fiscal year; and
G. proposed expenditures to be made from grant funds.
History
- Statutory Authority: MS s 134.32; 134.36
Minn. R. 3530.1000 Criteria for Eligibility
Regional library systems shall be designated as eligible by the commissioner of education provided they meet the criteria in Minnesota Statutes, section 134.34, and the following:
A. Employment of a chief administrative officer who has had at least two years of public library administrative experience and has received the master's degree in library science from a library education program accredited by the American Library Association.
B. Regional library systems shall provide to the Division of State Library Services by June 30 of each even-numbered year a long range plan which addresses the succeeding five years. Upon request by the regional library system, the Division of State Library Services staff shall provide consultation and advice on the content of the long range plan. The plan shall include narrative descriptions, goals, and objectives which address the following:
History
- Statutory Authority: MS s 134.32; 134.36
- History: L 1998 c 398 art 5 s 55; L 2003 c 130 s 12; L 2004 c 294 art 5 s 21; L 2005 c 56 s 2; L 2013 c 116 art 7 s 22
Minn. R. 3530.1100 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3530.1200 Audit
Regional library systems which receive regional library basic system support grants shall annually submit to the Division of State Library Services an audit of receipts and disbursements within 180 days after the end of the regional library system's fiscal year. The audit shall be performed by the staff of the state auditor's office, by a certified public accountant, or by a public accountant as defined in and in accordance with Minnesota Statutes, sections 6.64 to 6.71.
History
- Statutory Authority: MS s 134.32; 134.36
- History: L 2004 c 294 art 5 s 21; L 2013 c 116 art 7 s 22
Minn. R. 3530.1300 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3530.1400 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3530.1500 [Repealed, L 2003 1Sp9 art 10 s 14]
[Repealed, L 2003 1Sp9 art 10 s 14]
Minn. R. 3530.1600 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3530.1700 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3530.1800 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3530.1900 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3530.2000 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3530.2100 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3530.2200 Multicounty Multitype Cooperation
Multicounty multitype library systems approved under provisions of Minnesota Statutes 1979 Supplement, section 134.351, subdivision 1, may annually apply for an operating grant as authorized by Minnesota Statutes 1979 Supplement, section 134.353. Applicants shall submit the following information:
A. name, address, and telephone number of applicant multicounty multitype library system;
B. name, address, and telephone number of contact person representing the applicant;
C. identification of participating libraries by type of library;
D. copies of organizational agreements required by Minnesota Statutes 1979 Supplement, section 134.351, subdivision 3;
E. narrative descriptions of the programs to be operated with grant funds including objectives and results to be accomplished;
F. statement of relationship of programs to the plan developed under the provisions of Minnesota Statutes 1979 Supplement, section 134.352; and
G. proposed expenditures for costs incurred in providing the services required by the organizational agreement as specified in Minnesota Statutes 1979 Supplement, section 134.351, subdivision 3 and for the costs of providing any additional cooperative services agreed to by participating libraries and consistent with provisions of Minnesota Statutes 1979 Supplement, section 134.351, subdivision 2.
History
- Statutory Authority: MS s 134.32; 134.36
Minn. R. 3530.2300 Division of State Library Services Review
The director of the Division of State Library Services shall review all applications for compliance with Minnesota Statutes 1979 Supplement, section 134.351, and parts 3530.2200 to 3530.2600. The director of the Division of State Library Services shall report recommendations to the commissioner of education for action.
History
- Statutory Authority: MS s 134.32; 134.36
- History: L 1998 c 398 art 5 s 55; L 2003 c 130 s 12; L 2004 c 294 art 5 s 21; L 2013 c 116 art 7 s 22
Minn. R. 3530.2400 Criteria for Eligibility
Subpart 1. Eligibility.
In order to be eligible to apply for operating grants, applicants shall have met the requirements in Minnesota Statutes 1979 Supplement, section 134.351, subdivisions 3, 4, and 5 and the following.
Subp. 2. Plan.
Applicants shall provide to the Division of State Library Services by the application date a five-year plan which addresses the provisions of the five qualifying services required in Minnesota Statutes 1979 Supplement, section 134.351, subdivision 3, and any other cooperative services to which participants have agreed and for which funding is sought. The plan shall include projected dates for implementation and cost estimates for implementing the first year of the plan.
Subp. 3. Participation in regional public library system.
Each public library participating in a multicounty multitype library system shall also participate in its regional public library system, and a public library which has remained independent of its regional public library system shall not participate in a multicounty multitype library system.
History
- Statutory Authority: MS s 134.32; 134.36
- History: L 2004 c 294 art 5 s 21; L 2013 c 116 art 7 s 22
Minn. R. 3530.2500 Calculation of Operating Grant Amounts
The commissioner of education shall annually determine the amount of funds to be provided as operating grants after considering the availability of funds for multicounty multitype library system grant programs. Of the amount to be provided as operating grants, 60 percent shall be divided into equal amounts for each eligible applicant, 20 percent shall be divided on an equal amount per capita and 20 percent shall be divided on an equal amount per square mile.
History
- Statutory Authority: MS s 134.32; 134.36
- History: L 1998 c 398 art 5 s 55; L 2003 c 130 s 12
Minn. R. 3530.2600 Audit
Multicounty multitype library systems which receive grants shall annually submit to the Division of State Library Services an audit of receipts and disbursements within 180 days after the end of the multicounty multitype library system's fiscal year. The audit shall be performed by the staff of the state auditor's office, by a certified public accountant, or by a public accountant as defined in and in accordance with Minnesota Statutes 1978, sections 6.64 to 6.71.
History
- Statutory Authority: MS s 134.32; 134.36
- History: L 2004 c 294 art 5 s 21; L 2013 c 116 art 7 s 22
Minn. R. 3530.2610 [Repealed, L 2001 1Sp3 art 4 s 6]
[Repealed, L 2001 1Sp3 art 4 s 6]
Minn. R. 3530.2612 [Repealed, L 2001 1Sp3 art 4 s 6]
[Repealed, L 2001 1Sp3 art 4 s 6]
Minn. R. 3530.2614 [Repealed, L 2001 1Sp3 art 4 s 6]
[Repealed, L 2001 1Sp3 art 4 s 6]
Minn. R. 3530.2616 [Repealed, L 2001 1Sp3 art 4 s 6]
[Repealed, L 2001 1Sp3 art 4 s 6]
Minn. R. 3530.2618 [Repealed, L 2001 1Sp3 art 4 s 6]
[Repealed, L 2001 1Sp3 art 4 s 6]
Minn. R. 3530.2620 [Repealed, L 2001 1Sp3 art 4 s 6]
[Repealed, L 2001 1Sp3 art 4 s 6]
Minn. R. 3530.2622 [Repealed, L 2001 1Sp3 art 4 s 6]
[Repealed, L 2001 1Sp3 art 4 s 6]
Minn. R. 3530.2624 [Repealed, L 2001 1Sp3 art 4 s 6]
[Repealed, L 2001 1Sp3 art 4 s 6]
Minn. R. 3530.2626 [Repealed, L 2001 1Sp3 art 4 s 6]
[Repealed, L 2001 1Sp3 art 4 s 6]
Minn. R. 3530.2628 [Repealed, L 2001 1Sp3 art 4 s 6]
[Repealed, L 2001 1Sp3 art 4 s 6]
Minn. R. 3530.2630 [Repealed, L 2001 1Sp3 art 4 s 6]
[Repealed, L 2001 1Sp3 art 4 s 6]
Minn. R. 3530.2632 [Repealed, L 2001 1Sp3 art 4 s 6]
[Repealed, L 2001 1Sp3 art 4 s 6]
Minn. R. 3530.2634 [Repealed, L 2001 1Sp3 art 4 s 6]
[Repealed, L 2001 1Sp3 art 4 s 6]
Minn. R. 3530.2636 [Repealed, L 2001 1Sp3 art 4 s 6]
[Repealed, L 2001 1Sp3 art 4 s 6]
Minn. R. 3530.2638 [Repealed, L 2001 1Sp3 art 4 s 6]
[Repealed, L 2001 1Sp3 art 4 s 6]
Minn. R. 3530.2640 [Repealed, L 2001 1Sp3 art 4 s 6]
[Repealed, L 2001 1Sp3 art 4 s 6]
Minn. R. 3530.2642 [Repealed, L 2001 1Sp3 art 4 s 6]
[Repealed, L 2001 1Sp3 art 4 s 6]
Minn. R. 3530.2644 [Repealed, L 2001 1Sp3 art 4 s 6]
[Repealed, L 2001 1Sp3 art 4 s 6]
Minn. R. 3530.2700 [Repealed, L 2003 1Sp9 art 10 s 14]
[Repealed, L 2003 1Sp9 art 10 s 14]
Minn. R. 3530.2800 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3530.2900 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3530.3000 Definitions
Subpart 1. Scope.
As used in parts 3530.3000 to 3530.4310, the terms defined in this part have the meanings given them.
Subp. 2. Assessment.
"Assessment" has the same meaning as "screening."
Subp. 3. Developmental screening.
"Developmental screening" means identification of the motor, language, social-emotional, and cognitive status of the child.
Subp. 4. Health maintenance referral.
"Health maintenance referral" means a referral made for periodic medical or dental examinations, immunizations, or health or nutritional counseling.
Subp. 5. Licensed, registered, or certified.
"Licensed," "registered," or "certified" means licensed, registered, or certified in Minnesota.
Subp. 6. Parent.
"Parent" means the mother, father, or legally appointed guardian. If a child is a ward of the commissioner of human services or other public official, the parent is the commissioner or such official. If the parent or guardian is unknown or cannot be found after reasonable efforts have been made, the parent is an agency or other person appointed pursuant to Minnesota Statutes or court order.
Subp. 7. Early childhood health and developmental screening program.
"Early childhood health and developmental screening program" or "screening program" means the systematic procedures developed to conduct screening of preschool children.
Subp. 8. Referral.
"Referral" means an organized system for providing information to the parent at the summary interview about the names of agencies or providers to possibly be used for evaluation or diagnosis.
Subp. 9. Screening.
"Screening" means the use of procedures to sort out apparently well children from those in need of more definitive study of health or developmental problems.
Subp. 10. Screening personnel.
"Screening personnel" means professional, paraprofessional, and volunteer staff who conduct activities as part of the screening program.
History
- Statutory Authority: MS s 123.703
- History: L 1984 c 654 art 5 s 58; L 1985 1Sp12 art 6 s 27
Minn. R. 3530.3100 Participation in Program and Delivery of Services
Subpart 1. Available screening.
All children shall have available without cost the services of trained personnel to screen for possible health and developmental problems once prior to entering school.
Subp. 2.
[Repealed, L 1993 c 224 art 12 s 39]
Subp. 3.
[Repealed, L 1993 c 224 art 12 s 39]
Subp. 4.
[Repealed, L 1993 c 224 art 12 s 39]
Subp. 5. Exclusion from providing screening.
If an individual or group is excluded from performing a screening component it may submit a complaint to the school board. The school board must take action it determines is advisable.
History
- Statutory Authority: MS s 123.703
Minn. R. 3530.3200 School District Plan and Program Report
Subpart 1.
[Repealed, L 1993 c 224 art 12 s 39]
Subp. 2.
[Repealed, L 1993 c 224 art 12 s 39]
Subp. 3.
[Repealed, L 1993 c 224 art 12 s 39]
Subp. 4.
[Repealed, L 1993 c 224 art 12 s 39]
Subp. 5.
[Repealed, L 1993 c 224 art 12 s 39]
Subp. 6. Final aid payment.
The final aid payment shall be paid at the conclusion of the screening program or the fiscal year, whichever occurs first. A district's plan must have been approved and report submitted before the aid is paid.
History
- Statutory Authority: MS s 123.703
- History: L 1985 1Sp12 art 6 s 27
Minn. R. 3530.3300 Screening Program Staff
Subpart 1. Early childhood screening coordinator.
Each district shall designate an early childhood screening coordinator to be responsible for administering all components of the screening program. The coordinator may be a volunteer.
Subp. 2. Screening personnel.
In selecting personnel for screening programs, school districts shall give first priority to volunteers who have the qualifications required by subparts 4 to 9. Second priority shall be given to others who possess at least minimum qualifications and who can provide services determined to be most cost-effective. Personnel may perform one or more of the functions described in this part if they meet each of the qualifications.
Subp. 3. Services delegated by professionals.
If a qualified professional delegates services, the professional must assure that all delegated services comply with parts 3530.3000 to 3530.4310 and that adequate supervision is provided. The professional is responsible for services delegated and provided by other persons.
Subp. 4. Professional health screener qualifications.
A person who performs professional health screening must be a licensed medical physician, dentist, registered nurse, chiropractor, optometrist, podiatrist, or psychologist. A professional health screener who is not a licensed physician, or a registered nurse must have successfully completed Department of Health training seminars or equivalent training programs to prepare individuals to perform child screening. The seminars or programs must be designated by the Department of Health in consultation with the Department of Education.
Subp. 5. Developmental screener qualifications.
A person who performs developmental screening without supervision must be licensed as a special education teacher, school psychologist, kindergarten teacher, prekindergarten teacher, registered nurse, or licensed physician and must have completed training seminars provided by the Department of Education or equivalent training as determined by the Department of Education in consultation with the Department of Health. Other persons who perform developmental screening must meet supervision requirements in subpart 8.
Subp. 6. Vision and hearing screener qualifications.
A person who performs vision or hearing screening must have been trained by the Department of Health to perform vision or hearing screening; or a program providing equivalent preparation as determined by the Department of Health in consultation with the Department of Education.
Subp. 7. Laboratory assistant qualifications.
A person who performs laboratory tests must have been trained by the Department of Health to perform the specific tests used in the screening program; or a program providing equivalent preparation as determined by the Department of Health in consultation with the Department of Education.
Subp. 8. Clinic assistant qualifications.
A clinic assistant is a lay person or a paraprofessional who may perform any component of the screening program. The clinic assistant must be under the supervision of a professional qualified for the screening component for which the clinic assistant is used. The professional must be present at the screening site. A clinic assistant must have been trained by Department of Education or Department of Health professional staff to administer the health or developmental screening measures to be performed by the clinic assistant; or a program providing equivalent preparation as determined by the Department of Education or the Department of Health.
Subp. 9. Dental screener qualifications.
A person who performs dental assessments must be a:
A. licensed dental hygienist or a registered or certified dental assistant; or
B. registered nurse who has been trained by the Department of Health or approved by the Department of Health in consultation with the Department of Education, as having been trained to perform dental screening; or
C. licensed dentist, licensed physician, school nurse practitioner, or pediatric nurse practitioner using screening procedures according to parts 3530.3400 to 3530.4310.
Subp. 10. Equivalent training programs.
The Department of Health, in consultation with the Department of Education, shall approve a program as providing equivalent training for the purpose of subparts 4, and 6 to 8 if the program meets all of the following:
A. it provides information and training required to perform the specific screening and referral activities specified in subparts 4, and 6 to 9;
B. it must offer the same or greater number of course contact hours as the Department of Health training seminars;
C. the instructor qualifications must be at least equivalent to the instructor qualifications of Department of Health training seminar instructors; and
D. the course materials must be consistent with materials used in Department of Health training seminars.
Subp. 11. Volunteer.
A volunteer may be a lay person, paraprofessional, or professional who performs screening without fee or payment. A volunteer may perform any of the screening components if the volunteer meets the qualifications established in this part.
History
- Statutory Authority: MS s 123.703
- History: L 1985 1Sp12 art 6 s 27; L 1995 1Sp3 art 16 s 13; L 2003 c 130 s 12
Minn. R. 3530.3400 Screening Procedures
Subpart 1.
[Repealed, L 1993 c 224 art 12 s 39]
Subp. 2.
[Repealed, L 1993 c 224 art 12 s 39]
Subp. 3. Developmental tests.
A developmental screener must measure the child's cognition, fine and gross motor skills, speech and language, and social-emotional development. The procedures must include at least:
A. a parent report of the child's functioning history in skills development, emotional status, and behavior status; and
B. direct observation of the child's functioning. Standardized developmental screening instruments approved by the Department of Education must be used. They must contain norms for the age range tested and written procedures for administration, scoring, and interpretation.
Subp. 4.
[Repealed, L 1993 c 224 art 12 s 39]
Subp. 5.
[Repealed, L 1993 c 224 art 12 s 39]
Subp. 6.
[Repealed, L 1993 c 224 art 12 s 39]
Subp. 7.
[Repealed, L 1993 c 224 art 12 s 39]
History
- Statutory Authority: MS s 123.703
- History: L 1995 1Sp3 art 16 s 13; L 2003 c 130 s 12
Minn. R. 3530.3500 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3530.3600 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3530.3700 Private Data
Data on individual children is private as defined by state statutes and shall not be disclosed to a third party, including the district, without the informed consent of the parent. All information must be made available to the parent.
History
- Statutory Authority: MS s 123.703
Minn. R. 3530.3800 Inclusion in School Records
Data on individual children obtained in the screening program shall be incorporated into school district records, except as indicated in part 3530.3700. Screening data that are not substantiated may not be incorporated in the child's school record as confirmed health or developmental problems.
History
- Statutory Authority: MS s 123.703
Minn. R. 3530.3900 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3530.4000 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3530.4100 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3530.4200 Services Prohibited
Diagnosis, treatment, or therapy shall not be provided in the screening program but may be provided as a part of a related program.
History
- Statutory Authority: MS s 123.703
Minn. R. 3530.4300 Special Education
Educational placement decisions, diagnostic conclusions, and objectives for individual educational plans may not be based solely or primarily on the screening data made available to the district from the screening program.
History
- Statutory Authority: MS s 123.703
Minn. R. 3530.4310 Fees
Districts may charge parents a fee for any of the optional screening components. Parents may refuse the optional components and receive the required components free of charge.
History
- Statutory Authority: MS s 123.703
Minn. R. 3530.4400 [Repealed, L 2003 1Sp9 art 10 s 14]
[Repealed, L 2003 1Sp9 art 10 s 14]
Minn. R. 3530.4500 [Repealed, L 2003 1Sp9 art 10 s 14]
[Repealed, L 2003 1Sp9 art 10 s 14]
Minn. R. 3530.4700 [Repealed, L 2003 1Sp9 art 10 s 14]
[Repealed, L 2003 1Sp9 art 10 s 14]
Minn. R. 3530.5500 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3530.5600 Community Services Defined
Community services, as defined for school districts, includes services rendered by a school district beyond the regular K to 12 program, as recommended by the Community Services Advisory Council and approved by the local board of education.
History
- Statutory Authority: MS s 121.86
Minn. R. 3530.5700 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3530.5800 Financing
All community service activities, regardless of financing, shall be operated from the community service fund, no. 4, and not the general fund, no. 1. Year-end balances from this fund are to be reserved for future community service activities and shall not be transferred to other funds. Capital expenditure fund moneys may be transferred into the community service fund for equipment or other capital expenditures. In addition, general fund moneys may be transferred into the community service fund for any purpose of that fund. All fees collected for any community service program shall also be deposited into the community service fund.
History
- Statutory Authority: MS s 121.86
Minn. R. 3530.5900 The District Advisory Council
The advisory council on community services to the district shall be composed of members who represent a cross-section of various community organizations, agencies, and interested citizens. The important factor in determining the size of the council is to have representation and input from the various facets of the school district population. Recommendations for the use of community service funds shall be made by the advisory council to the district board of education. The school board retains final authority in deciding which programs are to be adopted and how they are to be implemented. Each advisory council shall have a minimum of four meetings per year.
History
- Statutory Authority: MS s 121.86
Minn. R. 3530.6000 Community School Directors
Where a school district employs a districtwide director, all community services funds shall be administered by the community services director, under the supervision of the local superintendent. However, any community services program financed by categorical aids from the Department of Education may be exempted from this part by action of the local board of education.
History
- Statutory Authority: MS s 121.86
- History: L 1995 1Sp3 art 16 s 13; L 2003 c 130 s 12
Minn. R. 3530.6100 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3530.6200 Annual Report
Each year on or before August 15, each district having a community service levy shall report to the Department of Education on forms authorized by the commissioner.
History
- Statutory Authority: MS s 121.86
- History: L 1995 1Sp3 art 16 s 13; L 2003 c 130 s 12
Minn. R. 3530.6300 [Repealed, 16 SR 1086]
[Repealed, 16 SR 1086]
Minn. R. 3530.6400 [Repealed, 16 SR 1086]
[Repealed, 16 SR 1086]
Minn. R. 3530.6500 [Renumbered 4880.0100]
[Renumbered 4880.0100]
Minn. R. 3530.6600 [Renumbered 4880.0200]
[Renumbered 4880.0200]
Minn. R. 3530.6700 [Renumbered 4880.0300]
[Renumbered 4880.0300]
Minn. R. 3530.6800 [Renumbered 4880.0400]
[Renumbered 4880.0400]
Minn. R. 3530.6900 [Renumbered 4880.0500]
[Renumbered 4880.0500]
Minn. R. 3530.7000 [Renumbered 4880.0600]
[Renumbered 4880.0600]
Minn. R. 3530.7100 [Renumbered 4880.0700]
[Renumbered 4880.0700]
Minn. R. 3530.7200 [Renumbered 4880.0800]
[Renumbered 4880.0800]
Minn. R. 3530.7300 [Renumbered 4880.0900]
[Renumbered 4880.0900]
Minn. R. 3530.7400 [Renumbered 4880.1000]
[Renumbered 4880.1000]
Minn. R. 3530.7500 [Renumbered 4880.1100]
[Renumbered 4880.1100]
Minn. R. 3530.7600 [Renumbered 4880.1200]
[Renumbered 4880.1200]
Minn. R. 3530.7700 [Renumbered 4880.1300]
[Renumbered 4880.1300]
Minn. R. 3530.7800 [Renumbered 4880.1400]
[Renumbered 4880.1400]
Chapter 3535 EQUAL OPPORTUNITY IN SCHOOLS
Minn. R. 3535.0100 Purpose
The purpose of parts 3535.0100 to 3535.0180 is to:
A. recognize that the primary goal of public education is to enable all students to have opportunities to achieve academic success;
B. reaffirm the state of Minnesota's commitment to the importance of integration in its public schools;
C. recognize that while there are societal benefits from schools that are racially balanced, there are many factors which can impact the ability of school districts to provide racially balanced schools, including housing, jobs, and transportation;
D. recognize that providing parents a choice regarding where their children should attend school is an important component of Minnesota's education policy;
E. recognize that there are parents for whom having their children attend integrated schools is an essential component of their children's education;
F. prevent segregation, as defined in part 3535.0110, subpart 9, in public schools;
G. encourage districts to provide opportunities for students to attend schools that are racially balanced when compared to other schools within the district;
H. provide a system that identifies the presence of racially isolated districts and encourage adjoining districts to work cooperatively to improve cross-district integration, while giving parents and students meaningful choices; and
I. work with rules that address academic achievement, including graduation standards under chapter 3501 and inclusive education under part 3500.0550, by providing equitable access to resources.
History
- Statutory Authority: MS s 124D.896
- History: 24 SR 77
Minn. R. 3535.0110 Definitions
Subpart 1. Scope.
As used in parts 3535.0100 to 3535.0180, the terms defined in this part have the meanings given them.
Subp. 2. Enrolled American Indian students.
"Enrolled American Indian students" means students who live on or off a reservation and are enrolled in a federally recognized tribe. Enrolled American Indian students have dual status as protected students under subpart 4 and members of sovereign nations.
Subp. 3. Commissioner.
"Commissioner" means the commissioner of the Department of Education.
Subp. 4. Protected students.
"Protected students" means:
A. students who self-identify or are identified in the general racial categories of African/Black Americans, Asian/Pacific Americans, Chicano/Latino Americans, and American Indian/Alaskan Native; and
B. multiracial students who self-identify or are identified as having origins in more than one of the categories described in item A or as having origins in one of the categories described in item A and in the category of Caucasian.
Subp. 5. Racial balance.
"Racial balance" means the increased interaction of protected students and white students within schools and between districts that is consistent with the purposes of parts 3535.0160 to 3535.0180.
Subp. 6. Racially identifiable school within a district.
"Racially identifiable school within a district" means a school where the enrollment of protected students at the school within a district is more than 20 percentage points above the enrollment of protected students in the entire district for the grade levels served by that school.
Subp. 7. Racially isolated school district.
"Racially isolated school district" means a district where the districtwide enrollment of protected students exceeds the enrollment of protected students of any adjoining district by more than 20 percentage points.
Subp. 8. School.
"School" means a site in a public school district serving any of kindergarten through grade 12. For purposes of parts 3535.0160 to 3535.0180 only, school does not mean:
A. charter schools under Minnesota Statutes, chapter 124E;
B. area learning centers under Minnesota Statutes, section 123A.05;
C. public alternative programs under Minnesota Statutes, section 126C.05, subdivision 15;
D. contracted alternative programs under Minnesota Statutes, section 124D.69;
E. school sites specifically designed to address limited English proficiency;
F. school sites specifically designed to address the needs of students with an individualized education program (IEP); and
G. secure and nonsecure treatment facilities licensed by the Department of Human Services or the Department of Corrections.
Subp. 9. Segregation.
"Segregation" means the intentional act or acts by a school district that has the discriminatory purpose of causing a student to attend or not attend particular programs or schools within the district on the basis of the student's race and that causes a concentration of protected students at a particular school.
A. It is not segregation for a concentration of protected students or white students to exist within schools or school districts:
B. In addition to the factors in item A, it is not segregation for concentrations of enrolled American Indian students to exist within schools or school districts:
History
- Statutory Authority: MS s 124D.896
- History: 24 SR 77; L 2003 c 130 s 12; L 2011 1Sp11 art 3 s 12; L 2015 1Sp3 art 4 s 10
Minn. R. 3535.0120 Duties of Districts
Subpart 1. Report.
A school district shall annually submit to the commissioner, concerning each school site within its district, a report that includes:
A. the racial composition of each school within its district; and
B. the racial composition of the grade levels served by each of the schools. The report shall be submitted according to the Minnesota Automated Reporting Student System (MARSS) deadlines as established annually by the commissioner and noticed to all districts.
Subp. 2. Data collection.
A district shall collect for all students except American Indian students in subpart 3, the information required in subpart 1 by using one of the following racial identification procedures in the following order:
A. parent or guardian identification;
B. age-appropriate student self-identification, when parent or guardian identification is not an option;
C. if parent, guardian, or student self-identification methods are not possible, sight counts administered by the principal or designee, pursuant to written guidelines developed by the district.
Subp. 3. American Indian students.
In districts where the American Indian population is ten or more students, the parent education committee under Minnesota Statutes, section 124D.78, subdivision 1, in consultation with the American Indian parents the committee represents, may select as their identification procedure one of the following:
A. parent or guardian self-identification;
B. the process for identification specified in United States Code, title 20, section 7491; or
C. the racial identification procedure used by the district for other students.
History
- Statutory Authority: MS s 124D.896
- History: 24 SR 77
Minn. R. 3535.0130 Duties of Commissioner
Subpart 1. Review of data.
The commissioner shall review the data provided by a school district under part 3535.0120 within 60 days of its receipt. If the commissioner determines that there is a racially identifiable school within a district, or if the commissioner receives a complaint alleging that a district is engaged in acts of segregation, the commissioner shall request further information to determine whether the racial composition at the school or schools in question results from acts motivated at least in part by a discriminatory purpose. The commissioner's finding of a discriminatory purpose must be based on one or more of the following except that the commissioner shall not rely solely on item D or E, or both:
A. the historical background of the acts which led to the racial composition of the school, including whether the acts reveal a series of official actions taken for discriminatory purposes;
B. whether the specific sequence of events resulting in the school's racial composition reveals a discriminatory purpose;
C. departures from the normal substantive or procedural sequence of decision making, as evidenced, for example, by the legislative or administrative history of the acts in question, especially if there are contemporary statements by district officials, or minutes or reports of meetings that demonstrate a discriminatory purpose;
D. whether the racial composition of the school is the result of acts which disadvantage one race more than another, as evidenced, for example, when protected students are bused further or more frequently than white students; and
E. whether the racially identifiable composition of the school was predictable given the policies or practices of the district.
Subp. 2. District information.
In order to determine whether a racially identifiable school exists as the result of acts motivated by a discriminatory purpose, the commissioner shall request and the district shall provide the following information related to the factors described in subpart 1:
A. information about how students are assigned to schools within the district, including:
B. a list of curricular offerings;
C. a list of the extracurricular options available at each of the schools serving the grade levels in question;
D. a list that breaks down, by race and school, the teachers assigned to all of the schools serving the grade levels in question and, considering the average percentage of teachers of color in the district, an explanation of any concentration of teachers of color assigned at a school at issue;
E. a list that shows how the qualifications and experience of the teachers at the racially identifiable school compares to teachers at the sites which are not racially identifiable;
F. evidence that the racially identifiable school has been provided financial resources on an equitable basis with other schools which are not racially identifiable;
G. a comparison of the facilities, materials, and equipment at the racially identifiable school with schools that are not racially identifiable;
H. information that would allow the commissioner to determine whether the extent of busing is disproportionate between white students and protected students; and
I. any nondiscriminatory circumstances that explain why a particular school has exceeded the districtwide enrollment of protected students by more than 20 percentage points.
Subp. 3. Integrated alternatives.
If the enrollment of protected students at a school is more than 25 percent above the enrollment of protected students in the entire district, or if the enrollment of protected students exceeds 90 percent at any given school, whichever is less, the district must provide affirmative evidence to the commissioner that all students in that school have alternatives to attend schools with a protected student enrollment that is comparable to the districtwide average.
History
- Statutory Authority: MS s 124D.896
- History: 24 SR 77
Minn. R. 3535.0140 Response of Districts
School districts shall respond to the commissioner's request for information under part 3535.0130 within 60 days of its receipt. If supplemental information is requested by the commissioner, the district must respond within 30 days of the receipt of the request.
History
- Statutory Authority: MS s 124D.896
- History: 24 SR 77
Minn. R. 3535.0150 Development of Plan for Mandatory Desegregation; Enforcement
Subpart 1. District plan.
If the commissioner determines that segregation exists, the district shall provide a plan within 60 days that proposes how it shall remedy the segregation. The plan shall address the specific actions that were found by the commissioner to contribute to the segregation. The plan shall be developed in consultation with the commissioner. If the commissioner rejects any or all of the plan, the commissioner shall provide technical assistance to help the district revise the plan. However, if the district and the commissioner cannot agree on a plan within 45 days after the original plan was rejected, the commissioner shall develop a revised plan to remedy the segregation that the district shall implement in the time frame specified by the commissioner. A finding of segregation, or a finding that the district's initial plan is inadequate, shall be based on written findings of fact and conclusions of law issued by the commissioner.
Subp. 2. Remedy.
If the commissioner has made a finding of segregation, student assignments based on race that are made to remedy the finding of segregation are permissible in a plan for mandatory desegregation, so long as they are narrowly tailored to remedy the act of segregation.
Subp. 3. Extension.
The commissioner may extend the time for response from a district under parts 3535.0140 and 3535.0150 if compliance with the deadline for response would impose an undue hardship on the district, for example, if the information is not easily ascertainable or the plan requires a complex remedy that includes consultation with outside sources.
Subp. 4. Enforcement of desegregation.
If the district fails to submit data required by the commissioner, fails to provide or implement a plan to remedy the segregation, or fails to implement a plan developed by the commissioner as provided in subpart 1, the commissioner must:
A. notify the district that its aid shall be reduced pursuant to Minnesota Statutes, section 127A.42;
B. refer the finding of segregation to the Department of Human Rights for investigation and enforcement; and
C. report the district's actions to the education committees of the legislature by March 15 of the next legislative session with recommendations for financial or other appropriate sanctions.
History
- Statutory Authority: MS s 124D.896
- History: 24 SR 77
Minn. R. 3535.0160 Integration of Racially Identifiable Schools Not the Result of Segregation
Subpart 1. Notice to district of plan including voluntary measures.
A. If a racially identifiable school reviewed under part 3535.0130 is not the result of segregation, the district shall be notified that it must develop and submit a plan to the commissioner for review that provides options to help integrate the racially identifiable school. The format of the plan shall be determined by the commissioner.
B. A racially identifiable school is not required to develop and submit a plan if the school is racially identifiable only as a result of:
Subp. 2. Community collaboration council.
The district shall establish and use a community collaboration council to assist in developing the district's plan under this part. The council shall be reasonably representative of the diversity of the district. In communities with ten or more American Indian students, representation from the American Indian parent committee under Minnesota Statutes, section 124D.78 is required on the community collaboration council. If a district has an existing committee whose composition reasonably reflects the diversity of the district, for example, school site councils or district curriculum advisory councils, that committee may be used to provide the planning required by this part. The community collaboration council shall identify ways of creating increased opportunities for interracial contact, and establish goals for meeting this objective. After identifying these opportunities and goals, the council shall develop a plan for integration at each school that may include, for example, options under subpart 3.
Subp. 3. District plan.
A. After receiving the plan required under subpart 2 from its community collaboration council, the district shall provide a plan to the commissioner that describes how the goal of increased opportunities for interracial contact between students will be met, and the integration efforts the district plans to implement at each racially identifiable school. The plan shall be written and adopted by the end of the academic year in which the district received notice under subpart 1, or six months later, whichever is longer. The plan shall include:
B. All plans under this part must be educationally justifiable and contain options for intradistrict integration that may include, for example:
Subp. 4. Commissioner's duties.
A. The commissioner shall:
B. The commissioner may recommend financial incentives that are aimed at compensating or rewarding districts for programs or activities that have been successful.
C. The commissioner may recommend legislative action to address the condition of racially identifiable schools within the district.
Subp. 5. Timeline.
Each integration plan shall remain in place for three years from the date of review by the commissioner, unless earlier modified by the district and reviewed by the commissioner. Schools that are newly identified as racially identifiable or that were included in a plan under this part but remain racially identifiable after three years from the date of review by the commissioner shall be subject to the procedures outlined in parts 3535.0130 to 3535.0160.
Subp. 6. Schools that did not meet earlier goals.
Schools that were included in a plan under this part but remain racially identifiable after three years from the date of review by the commissioner shall work in consultation with the commissioner to develop a new plan that shall include an analysis of why the previous plan did not achieve its goals, a list and explanation of new or continuing barriers to achieving the plan's goals, and a new plan and rationale for achieving the goals of the plan.
History
- Statutory Authority: MS s 124D.896
- History: 24 SR 77
Minn. R. 3535.0170 Integration of Racially Isolated School Districts
Subpart 1. Evaluation.
A. The commissioner shall annually evaluate the enrollment of protected students in each district to determine whether the district as a whole is racially isolated. If the commissioner determines that a district is racially isolated, as defined in part 3535.0110, subpart 7, the commissioner shall immediately notify the district and its adjoining districts. The commissioner may also send notice to other districts that are not adjoining if the commissioner determines that it would be geographically feasible for such districts to participate in cross-district planning. Districts that are not adjoining may choose whether to participate in the cross-district planning.
B. A racially isolated district shall not be required to follow subparts 2 to 8 if the district is isolated only as a result of the enrollment of American Indian students whose unique academic and culturally related educational needs are being addressed by district programs and the district has established a parent committee under Minnesota Statutes, section 124D.78. A district racially isolated as a result of the enrollment of American Indian students shall be required to follow subparts 2 to 8, if the district is also racially isolated as a result of the enrollment of other protected students excluding the enrollment of American Indian students.
Subp. 2. Establishment of multidistrict collaboration council.
Upon receiving notice under subpart 1, the isolated and adjoining districts shall establish a multidistrict collaboration council, as provided in subpart 3, to develop a plan under this part. The council shall work as provided under subpart 5 to identify ways to offer cross-district opportunities to improve integration.
Subp. 3. Membership of multidistrict collaboration council.
Each isolated district and each of its adjoining districts shall appoint individuals to participate in the multidistrict collaboration council. The council shall be reasonably representative of the diversity of the participating districts. If any of the participating districts have an American Indian parent committee formed under Minnesota Statutes, section 124D.78, a representative of those committees shall also be appointed.
Subp. 4. Alternatives to a multidistrict collaboration council.
A. Participating districts that are members of joint powers boards that have advisory councils meeting the requirements of subpart 3 may use those joint powers boards and advisory councils in lieu of creating a new council under subpart 2.
B. Participating districts that have an existing committee whose composition reflects the membership requirements of subpart 3, may use this committee in lieu of creating a new council under subpart 2.
Subp. 5. Council cooperation and plan.
The multidistrict collaboration council shall identify ways of creating increased opportunities for interracial contact and establish goals for meeting this objective. After identifying these opportunities and goals, the council shall develop a joint collaboration plan for cross-district integration that may include the incentives contained in subpart 6, item B.
Subp. 6. District plan.
A. After receiving the plan required in subpart 5 from its council, each district shall review, modify if necessary, and ratify the integration plan. Each district shall provide a plan to the commissioner that describes how the goal of greater opportunities for interracial contact between students will be met and that describes the interdistrict integration efforts the district plans to implement. The plan shall be completed and ratified no longer than 12 months after the district receives notice under part 3535.0180, subpart 1. The plan shall include:
B. All collaboration plans under this part must be educationally justifiable and contain options for interdistrict integration that may include, for example:
Subp. 7. Limits on participation in multidistrict collaboration councils.
Notwithstanding subpart 2:
A. an isolated school district shall not be required to be part of two or more collaboration councils;
B. adjoining districts shall not be required to be part of two or more collaboration councils;
C. two adjoining racially isolated school districts shall not be required to participate together on the same collaboration council;
D. if a racially isolated district is a member of a joint powers board under subpart 4, its adjoining districts shall not be required to participate on the joint powers board; and
E. if an adjoining district is a racially isolated district exempted from subparts 2 to 8 under subpart 1, item B, the district shall not be required to be part of an interdistrict collaboration council and shall not be required to provide a plan of interdistrict integration efforts to the commissioner.
Subp. 8. Timeline for reports.
Once a multidistrict collaboration plan has been filed with the commissioner, it does not need to be renewed for a period of four years from the date of filing.
History
- Statutory Authority: MS s 124D.896
- History: 24 SR 77
Minn. R. 3535.0180 Evaluation of Collaborative Efforts
The commissioner shall biennially evaluate the results of collaborative efforts under part 3535.0170 to determine whether the collaboration plan was implemented and whether the action goals have been substantially met. After reviewing the results, the commissioner shall report to the house and senate education committees whether a district implemented its collaboration plan and substantially met its action goals. The commissioner may also make recommendations for appropriate legislative action.
History
- Statutory Authority: MS s 124D.896
- History: 24 SR 77
Minn. R. 3535.0200 [Repealed, 24 SR 77]
[Repealed, 24 SR 77]
Minn. R. 3535.0300 [Repealed, 24 SR 77]
[Repealed, 24 SR 77]
Minn. R. 3535.0400 [Repealed, 24 SR 77]
[Repealed, 24 SR 77]
Minn. R. 3535.0500 [Repealed, 24 SR 77]
[Repealed, 24 SR 77]
Minn. R. 3535.0600 [Repealed, 24 SR 77]
[Repealed, 24 SR 77]
Minn. R. 3535.0700 [Repealed, 24 SR 77]
[Repealed, 24 SR 77]
Minn. R. 3535.0800 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3535.0900 [Repealed, 24 SR 77]
[Repealed, 24 SR 77]
Minn. R. 3535.1000 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3535.1100 [Repealed, 24 SR 77]
[Repealed, 24 SR 77]
Minn. R. 3535.1200 [Repealed, 24 SR 77]
[Repealed, 24 SR 77]
Minn. R. 3535.1300 [Repealed, 24 SR 77]
[Repealed, 24 SR 77]
Minn. R. 3535.1400 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3535.1500 [Repealed, 24 SR 77]
[Repealed, 24 SR 77]
Minn. R. 3535.1600 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3535.1700 [Repealed, 24 SR 77]
[Repealed, 24 SR 77]
Minn. R. 3535.1800 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3535.1900 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3535.2000 [Repealed, 24 SR 77]
[Repealed, 24 SR 77]
Minn. R. 3535.2100 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3535.2200 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3535.2300 Policy
The policy of the commissioner of education is to assure compliance with state and federal law prohibiting discrimination because of age, race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, or disability, and to promote the elimination of these discriminatory practices in public schools and public educational agencies under its general supervision.
History
- Statutory Authority: MS s 124.15
- History: L 1998 c 398 art 5 s 55; L 2003 c 130 s 12
Minn. R. 3535.2400 Duties of Local Boards, Penalty for Failure to Comply
Each local board shall submit to the commissioner such data as specified in part 3535.2500 for purposes of determining that the educational program is meeting provisions of state and federal law prohibiting discrimination on the grounds listed in part 3535.2300.
Each local board shall comply with all state and federal law prohibiting discrimination on the grounds listed in part 3535.2300.
Each local board shall direct the superintendent to coordinate, implement, and report to the local board the district's efforts to comply with parts 3535.2300 to 3535.2900.
Each local school board shall, pursuant to Title IX of the Educational Amendments of 1972 (Public Law 92-318), disseminate on a continuing basis its policy of nondiscrimination on the basis of sex.
The penalty for noncompliance with parts 3535.2300 to 3535.2900 shall be the reduction of state aids pursuant to Minnesota Statutes, section 124.15.
History
- Statutory Authority: MS s 124.15
Minn. R. 3535.2500 Compliance Reports and Submission of Data
Annually, on November 15, each school board shall submit to the commissioner a statement of compliance with state and federal law prohibiting discrimination on the grounds specified in part 3535.2300 and, in support of that statement, shall complete the form contained in part 3535.9920, and submit a report as required by Code of Federal Regulations, title 29, section 1602.41 (EEO-5 report), showing the number of certificated and noncertificated personnel employed which belong to each race and sex for each of the schools under its jurisdiction.
The statement of compliance required by Minnesota Statutes, section 124.15, subdivision 2a, shall be specified in part 3535.9910.
The form to be completed in support of the assurance statement shall be as specified in part 3535.9920.
History
- Statutory Authority: MS s 124.15
Minn. R. 3535.2600 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3535.2700 Appeal of Commissioner's Determination
Any school district aggrieved by a decision required of the commissioner under parts 3535.2300 to 3535.2900 may dispute that decision pursuant to Minnesota Statutes, section 124.15, subdivision 4.
History
- Statutory Authority: MS s 124.15
Minn. R. 3535.2800 Duties of the Commissioner
Upon receipt of the school board's assurance of compliance and the supporting data, the commissioner shall:
A. In order to determine whether special state aid shall be withheld, process the data and forward it to the commissioner of human rights, pursuant to Minnesota Statutes, section 124.15, subdivision 5a.
B. In order to determine whether a violation of federal laws prohibiting discrimination has occurred: within 90 days of the receipt of the data, the commissioner of education shall review it to determine whether a school district is in compliance with federal law prohibiting discrimination; if, after reviewing the data and finding what appears to be a violation of federal law, the commissioner shall make a prompt investigation; and if the investigation indicates noncompliance with federal law, the commissioner shall inform the school district. If the noncompliance cannot be resolved by informal means, the commissioner may proceed to suspend or terminate federal assistance.
History
- Statutory Authority: MS s 124.15
- History: 17 SR 1279; L 1995 1Sp3 art 16 s 13; L 2003 c 130 s 12
Minn. R. 3535.2900 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3535.3000 Definitions
Subpart 1. Scope.
All the words listed shall have the meaning herein ascribed to them.
Subp. 2. Athletic program.
"Athletic program" means all interscholastic and intramural sports offered to students by public and private elementary and secondary educational institutions.
Subp. 3. Interscholastic athletic program.
"Interscholastic athletic program" means all athletic activities offered within a school the purpose of which is to provide opportunities for students to compete with other students on like teams in other schools within an organized conference under the auspices of the Minnesota State High School League or with other like teams in other schools operating under separate jurisdictions.
Subp. 4. Intramural athletic program.
"Intramural athletic program" means all noninterscholastic athletic activities offered within a school, which are not a part of the regular physical education curriculum, designed to provide students athletic opportunities, experiences, and the development of competencies in a variety of sports.
Subp. 5. Participate.
"Participate" means for interscholastic sports, a student has been selected by the coach to be a member of a particular athletic team, inclusive of varsity, junior varsity, and sophomore teams, after the tryout period has ended.
Subp. 6. Participation rate for a particular sex in the interscholastic athletic program.
"Participation rate for a particular sex in the interscholastic athletic program" means the ratio of the number of participants of that sex in the athletic program to the number of students of that sex in the student body.
Subp. 7. Participation rate for a particular sex in the intramural athletic program.
"Participation rate for a particular sex in the intramural athletic program" means the ratio of the number of participants of that sex in the athletic program to the number of students of that sex in the student body.
History
- Statutory Authority: MS s 124.15
Minn. R. 3535.3100 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3535.3200 Separation by Teams
Subpart 1. Programs for students in the seventh grade and above.
Athletic programs for students in the seventh grade or above may include one or more teams limited to participants of one sex whose overall athletic opportunities have previously been limited.
Subp. 2. Programs for students in the sixth grade and below.
Athletic programs for students in the sixth grade or below shall be operated without restrictions on the basis of sex, except that when overall athletic opportunities for one sex have previously been limited and there is demonstrated interest by members of that sex to participate on a team restricted to members of that sex, the educational institution may provide a team restricted to members of that sex. The educational institution shall make a biennial determination of students' demonstrated interest. The method used shall be reported to the Department of Education in conjunction with the report required by part 3535.3600.
Subp. 3. Provision of separate teams.
Any public or private elementary or secondary school may provide in the same sport two teams which are separated according to sex when overall athletic opportunities for one sex have previously been limited, but the team for the other sex may only be substantially separated by sex.
When an equal opportunity to participate is not provided to members of a sex whose overall athletic opportunities to participate have previously been limited, the school, where there is a demonstrated interest, shall provide separate teams in sports which it determines will provide members of the excluded sex with an equal opportunity and which will attempt to accommodate their demonstrated interest.
Subp. 4. Try outs for opposite team.
When overall athletic opportunities for one sex have previously been limited, members of that sex shall be permitted to try out and, if successful, to participate on any team in any sport. This part does not prohibit any elementary or secondary school from making participation on a team in a sport dependent upon a demonstrated level of skill and ability. When an educational institution has established a team exclusively for members of the sex whose overall athletic opportunities have previously been limited, members of the other sex may not try out for or participate on that team.
History
- Statutory Authority: MS s 124.15
- History: L 1995 1Sp3 art 16 s 13; L 2003 c 130 s 12
Minn. R. 3535.3300 Biennial Determination of Student Interest
Public and private elementary and secondary schools shall make a biennial determination of student demonstrated interest. Schools shall report the method used to make the determination to the Department of Education as part of part 3535.3600. The first biennial determination shall be made prior to the end of the 1981-1982 school year. Student demonstrated interest shall be considered in the selection of those athletic activities to be provided in the athletic program for the purpose of providing separate teams or sports for members of previously excluded sex.
Public and private elementary and secondary schools shall provide equal opportunity for members of each sex to participate in both their intramural and interscholastic athletic program by responding to the following considerations.
The number of opportunities for females to participate on teams is to be comparable to the number of opportunities for males to participate on teams in each school year in the interscholastic athletic program and comparable, as well as in the intramural athletic program. The equipment, supplies, and uniforms for each sport are to be comparable for both sexes. The locker rooms, practice, and competitive facilities are to be comparable for both sexes. The medical services are to be comparable for both sexes. The participation rates for members of both sexes are to be comparable while recognizing the voluntary nature of student involvement in interscholastic and intramural athletics.
History
- Statutory Authority: MS s 124.15
- History: L 1995 1Sp3 art 16 s 13; L 2003 c 130 s 12
Minn. R. 3535.3400 Creating Equal Opportunity for Two Teams
When two teams in the same sport are provided pursuant to part 3535.3200, subpart 1, the two teams shall be treated in a substantially equal manner. Public and private elementary and secondary schools shall accomplish this to the extent that they are applicable in a given situation by providing that:
A. equipment, supplies, and uniforms for each team are comparable;
B. the games and competitive events for each team are scheduled so that the number of opportunities to perform before an audience are comparable;
C. the practice sessions and competitive events scheduled for each team are at equally desirable time periods;
D. the travel and per diem allowances per participant are comparable;
E. the amount of coaching provided for members of each team is comparable;
F. the locker rooms, practice, and competitive facilities for each team are comparable;
G. the medical services for each team are comparable;
H. the publicity produced by the school for each team is comparable; and
I. the expenditure, excluding salary of the coach, per participant on each team is substantially equal. Per participant expenditure excludes gate receipts and other revenues generated by that sport. When an item or items of expense are not separated, the expense shall be prorated to the teams according to the number of participants.
History
- Statutory Authority: MS s 124.15
Minn. R. 3535.3500 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3535.3600 Compliance Reports and Submission of Data
Annually, on or before October 15, each school/school district shall submit to the commissioner of education an elementary and secondary athletic program report containing information about both intramural and interscholastic athletics provided. The report shall contain by building: number of sports offered for each sex, the season each sport is offered for each sex, the number of weeks each sport is offered, the number of teams in each sport, the number of coaches assigned each sport, the number of students by sex participating in each sport, the dollar expenditure per sport, the total unduplicated count of student participation in the intramural program by sex, and the total unduplicated count of student participation in interscholastic programs by sex.
History
- Statutory Authority: MS s 124.15
- History: L 1995 1Sp3 art 16 s 13; L 2003 c 130 s 12
Minn. R. 3535.3700 Duties of the Commissioner of Education
Upon receipt of an educational institution's athletic program report, the commissioner of education shall evaluate the data contained in the report and forward reports requiring additional attention to the commissioner of human rights, pursuant to Minnesota Statutes, section 127A.42, subdivision 3.
History
- Statutory Authority: MS s 124.15; 127A.42
- History: L 1995 1Sp3 art 16 s 13; L 2003 c 130 s 12
Minn. R. 3535.9910 Statement of Compliance
Assurance of Compliance with State and Federal Law
Prohibiting Discrimination
Name of School District
The undersigned hereby affirm that the above named school district is in compliance with the following state and federal laws prohibiting discrimination:
-
Minnesota Statutes, section 363A.13, Minnesota Human Rights Act, which prohibits discrimination in education programs and activities on grounds of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, or disability.
-
Title VI of the Civil Rights Act of 1964 (Public Law 88-352), which provides that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the district receives federal financial assistance.
-
Title VII of the Civil Rights Act of 1964 (Public Law 88-352), as amended by the Equal Employment Opportunity Act of 1972 (Public Law 92-261), which prohibits discrimination in employment because of an individual's race, color, religion, sex, or national origin.
-
Title IX of the Education Amendments of 1972 (Public Law 92-318), which prohibits discrimination on the basis of sex in education programs and activities receiving or benefiting from federal financial assistance.
-
The Age Discrimination in Employment Act of 1967 (Public Law 90-202), which prohibits discrimination on the basis of age (40 through 64).
-
Minnesota Statutes, section 121A.04, which prohibits sex discrimination in athletic programs.
-
Part 3500.0500, curriculum, which provides that "No school shall provide any course or activity on the basis of sex. This includes health, physical education, home economics, and industrial education."
-
Parts 3535.0200 to 3535.2200, relating to equality of educational opportunity and school desegregation.
This assurance is given in consideration of and for the purpose of obtaining any and all federal grants, loans, contracts, property, discount, or other federal and state financial assistance extended after the date hereof to the district by the Department of Health, Education, and Welfare and the Department of Education including installment payments after such date on applications for federal financial assistance and state aid allotments which were approved before such date. The district recognizes and agrees that such federal and state financial assistance will be extended in reliance on the representations, supporting information required by Minnesota Statutes, section 127A.42, subdivision 3, and agreements made in this assurance. This assurance is binding on the district and the person or persons whose signatures appear below and who are authorized to sign this assurance on behalf of the district.
The attached form, Information Needed to Evidence Compliance, with this assurance statement is made a part thereof.
History
- Statutory Authority: MS s 124.15
- History: 17 SR 1279; L 1995 1Sp3 art 16 s 13; L 2003 c 130 s 12
Minn. R. 3535.9920 [Repealed, L 2000 c 489 art 3 s 26]
[Repealed, L 2000 c 489 art 3 s 26]
Minn. R. 3535.9930 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3535.9940 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3535.9950 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Chapter 3540 NONPUBLIC SCHOOLS
Minn. R. 3540.0200 Definitions
Subpart 1. Scope.
The terms used in this chapter have the meanings given them in this part.
Subp. 2. Commissioner.
"Commissioner" means the commissioner of the Department of Education.
Subp. 3. Department.
"Department" means the Department of Education.
Subp. 4. Eligible materials.
"Eligible materials" means textbooks, individualized instructional materials, and standardized tests. All textbooks and individualized instructional materials must be:
A. designed primarily for use by individual students at their desks or in small groups, in a particular class or program in the school the student regularly attends;
B. used by the student to reach certain educational objectives within a particular subject or course of study;
C. secular, neutral, nonideological, and not capable of diversion for religious use;
D. available and of benefit to Minnesota public school students; and
E. not specifically excluded from eligibility by subpart 7.
Subp. 5. Health services.
"Health services" means physician, dental, nursing, or optometric services, and health supplies as defined in Minnesota Statutes, section 123B.41, subdivision 15.
Subp. 6. Individualized instructional materials.
"Individualized instructional materials" means educational materials as defined in Minnesota Statutes, section 123B.41, subdivision 5.
Subp. 7. Ineligible materials.
"Ineligible materials" means, in addition to educational materials excluded from eligibility by subpart 4, the following materials: chemicals, wall maps, wall charts, pencils, pens or crayons, notebooks, blackboards, chalk and erasers, duplicating fluids, paper, 16mm films, unexposed films, blank tapes, cassettes or videotape, instructional equipment, reference materials, and teachers' aids.
Subp. 8. Secular, neutral, and nonideological.
"Secular, neutral, and nonideological" materials are materials which are not regarded as religious, spiritual, or sacred, and present events, facts, and theories that pertain to religion or religious doctrine in an impartial manner.
Subp. 9. Standardized tests.
"Standardized tests" means tests and scoring services as defined in Minnesota Statutes, section 123B.41, subdivision 3.
Subp. 10. Textbook.
"Textbook" means any book, workbook, manual, or book substitute as defined in Minnesota Statutes, section 123B.41, subdivision 2.
History
- Statutory Authority: MS s 14.388; 123.933
- History: 26 SR 1716; L 2003 c 130 s 12
Minn. R. 3540.0300 Policy
In order to promote equal educational opportunity for every student in Minnesota and to assure all students and their parents freedom of choice in education, textbooks, individualized instructional materials, standardized tests, health services, and guidance and counseling services must be made available to students in nonpublic schools according to Minnesota Statutes, section 123B.40 to 123B.48.
History
- Statutory Authority: MS s 14.388; 123.933
- History: 26 SR 1716
Minn. R. 3540.0400 State Administration of Funds
Subpart 1. Administration.
The department must administer funds allocated for the provision of eligible materials, health services, and guidance and counseling services to nonpublic school students. The department, in cooperation with the state auditor's office, must establish proper accounting methods for fiscal control, fund accounting, and the maintenance of records for the provision of these materials and services.
Subp. 2. Computation of student allocation.
By February 1 the department must determine the allocation available per nonpublic school student for eligible materials, health services, and guidance and counseling services to be used for the following school year. The allocation for eligible materials must be determined according to Minnesota Statutes, section 123B.42, subdivision 3. The allocation for health services and guidance and counseling services must be determined according to Minnesota Statutes, section 123B.44, subdivisions 4 to 6.
Subp. 3. Payment.
Payment of nonpublic aids must be made according to Minnesota Statutes, section 127A.45, subdivision 14.
History
- Statutory Authority: MS s 14.388; 123.933
- History: L 1995 1Sp3 art 16 s 13; 26 SR 1716
Minn. R. 3540.0500 Termination of Eligibility
Whenever the department receives information regarding improper use of eligible materials loaned under the program, it must provide prompt written notification to the student, the student's parents or guardians, and the nonpublic school administrator of the alleged program abuse, and allow 30 calendar days from the date of mailing for written or oral response.
Following receipt of responses during the 30-day period, if it appears that materials may have been used contrary to law, the department must institute Minnesota Statutes, chapter 14, contested case procedures. After due consideration of all evidence presented pursuant to those procedures, if the department determines that the materials have been used contrary to law, the department must notify the student, the student's parents or guardians, nonpublic school administrator, and the public school district or intermediary service area that the eligibility of the student for all materials during the current school year is terminated, and the allocation for the current year for the nonpublic school must be reduced accordingly.
History
- Statutory Authority: MS s 14.388; 123.933
- History: 26 SR 1716
Minn. R. 3540.0600 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3540.0700 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3540.0800 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3540.0900 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3540.1000 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3540.1100 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3540.1200 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3540.1300 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3540.1400 [Repealed, 26 SR 1716]
[Repealed, 26 SR 1716]
Minn. R. 3540.1500 [Repealed, 26 SR 1716]
[Repealed, 26 SR 1716]
Minn. R. 3540.1600 [Repealed, 26 SR 1716]
[Repealed, 26 SR 1716]
Minn. R. 3540.1700 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3540.1800 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3540.1900 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3540.2000 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3540.2100 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3540.2200 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3540.2300 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3540.2400 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3540.2500 [Repealed, 26 SR 1716]
[Repealed, 26 SR 1716]
Minn. R. 3540.2600 [Repealed, 26 SR 1716]
[Repealed, 26 SR 1716]
Minn. R. 3540.2700 [Repealed, 26 SR 1716]
[Repealed, 26 SR 1716]
Minn. R. 3540.2800 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3540.2900 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3540.3000 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3540.3100 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3540.3200 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3540.3300 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3540.3400 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Chapter 3545 SCHOOL FINANCING
Minn. R. 3545.0200 [Repealed, L 1983 c 314 art 6 s 33]
[Repealed, L 1983 c 314 art 6 s 33]
Minn. R. 3545.0300 [Repealed, L 1983 c 314 art 6 s 33]
[Repealed, L 1983 c 314 art 6 s 33]
Minn. R. 3545.0400 [Repealed, L 1983 c 314 art 6 s 33]
[Repealed, L 1983 c 314 art 6 s 33]
Minn. R. 3545.0500 [Repealed, L 1983 c 314 art 6 s 33]
[Repealed, L 1983 c 314 art 6 s 33]
Minn. R. 3545.0600 Applicability of Rules
Parts 3545.0600 to 3545.0900 apply to all school districts; service cooperatives; regional computer centers; cooperative centers for special education; cooperative centers for vocational education; and governmental units formed by joint powers agreements entered into by school districts. For purposes of parts 3545.0600 to 3545.0900, all entities are referred to as "districts."
The requirements of parts 3545.0600 to 3545.0900 are applicable to all unaudited financial reports for the fiscal year ending June 30, 1977, and each year thereafter. These requirements also provide the basis for amending the unaudited financial reports for the fiscal year ending June 30, 1976, and each year thereafter. These requirements apply to all budgets prepared for the fiscal year ending June 30, 1978, and each year thereafter.
History
- Statutory Authority: MS s 14.388; 121.902
- History: L 1987 c 258 s 12; L 1989 c 246 s 2; L 1996 c 305 art 1 s 138; 26 SR 1718
Minn. R. 3545.0700 Financial Reporting Standards
The requirements adopted in parts 3545.0600 to 3545.0900 must be known as the uniform financial accounting and reporting standards for school districts. The state auditor must have ultimate authority to decide questions relative to accounting classifications and application to district accounting transactions of the standards contained herein.
History
- Statutory Authority: MS s 14.388; 121.902
- History: 26 SR 1718
Minn. R. 3545.0800 Modified Accrual Accounting and Other Accounting Requirements
Subpart 1. Recognition principles.
Revenues and expenditures must be recorded and recognized in accordance with generally accepted accounting principles. Generally accepted accounting principles provide for the accrual basis of accounting and the modified accrual basis of accounting as appropriate for the particular fund. The cash basis of accounting is not acceptable for district budgeting, accounting, and reporting. Specific standards for revenue recognition are contained in Minnesota Statutes, section 123B.75. Specific standards for expenditure recognition are contained in Minnesota Statutes, section 123B.76.
Subp. 2. Reporting categories.
Budgeting, accounting, and reporting systems must be designed to provide financial data, where applicable, according to the terms and categories used in Minnesota Statutes with particular attention to categorical programs funded by the state.
Subp. 3. Accounting structure.
Development of programmatic data for district internal reporting and management purposes, and for reporting to the public and the department, requires the use of multidimensional systems of classification of transactions.
Subp. 4. School district accounting principles.
The "Manual for the Uniform Financial Accounting and Reporting Standards for Minnesota Schools," issued by the Department of Education, must contain the standards for budgeting, accounting, and reporting. Amendments to the principles contained in this manual must be approved by the commissioner of education.
Subp. 5. Student activities accounting principles.
The "Manual of Instructions for Uniform Student Activities Accounting for Minnesota School Districts," issued by the Department of Education, must contain the accounting and reporting standards for extracurricular student activities. Amendments to the generally accepted accounting principles contained in this manual must be approved by the commissioner of education.
History
- Statutory Authority: MS s 14.388; 121.902
- History: L 1998 c 398 art 5 s 55; 26 SR 1718; L 2003 c 130 s 12
Minn. R. 3545.0900 Fund Accounting
Subpart 1. Definition.
A fund is an independent accounting entity having its own assets, liabilities, obligations, revenues, expenditures, reserves, and equity balances. Funds must be established for the purpose of accounting for those specific resources provided for the attainment of particular public objectives, as designated by statute or rule.
Subp. 2. Funds maintained.
The following funds must be maintained:
A. general fund;
B. food service fund;
C. community education fund;
D. building construction fund;
E. debt redemption fund;
F. trust fund;
G. agency fund; and
H. enterprise fund.
Subp. 3. Operating and nonoperating funds.
The general fund, food service fund, community education fund, and enterprise fund must collectively be known as the operating funds. The other funds collectively must be known as the nonoperating funds.
Subp. 4.
[Repealed, 26 SR 1718]
Subp. 5. Account groups.
An account group is a self-balancing group of accounts. Account groups represent a district's general fixed assets and long-term indebtedness that are not segregated for carrying on specific activities. A general fixed asset group of accounts and a general long-term debt group must be maintained.
Subp. 6. Fund accounting.
Revenues and expenditures must be recorded in the appropriate funds.
Subp. 7. Fund transfers.
General fund assets may be used for any general or special operating purpose of a district and may be transferred permanently by school board action to any other operating fund where the resources of that other fund are not adequate to finance approved expenditures from such fund or to eliminate a negative undesignated fund balance in a building construction fund being discontinued.
The portion of the general fund undesignated fund balance permanently transferred to eliminate a negative building construction fund undesignated fund balance must be reduced by the capital expenditure fund year-end undesignated fund balance.
Subp. 8. Special fund uses and transfer limitations.
All funds other than the general fund are special purpose funds in which expenditures may only be made for the special purposes of the fund. Transfers of money from special purpose funds to other funds are not permitted unless authorized by law. Transfers may be made from any fund to another fund to pay for expenditures legitimately chargeable to one fund but expended from another. Such items are most appropriately accounted for on a current basis, as interfund transactions, increasing the expenditures of one fund and reducing those of another. Transfers may be made from the operating capital reserve of the general fund to pay for expenditures from other funds for capital expenditure purposes.
History
- Statutory Authority: MS s 14.388; 121.902
- History: L 1987 c 398 art 7 s 42; 26 SR 1718
Minn. R. 3545.1000 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3545.1100 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3545.1200 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3545.2100 [Repealed, 26 SR 1718]
[Repealed, 26 SR 1718]
Minn. R. 3545.2200 [Repealed, 26 SR 1718]
[Repealed, 26 SR 1718]
Minn. R. 3545.2300 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3545.2400 [Repealed, 26 SR 1718]
[Repealed, 26 SR 1718]
Minn. R. 3545.2500 [Repealed, 26 SR 1718]
[Repealed, 26 SR 1718]
Minn. R. 3545.2600 [Repealed, 26 SR 1718]
[Repealed, 26 SR 1718]
Minn. R. 3545.2700 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3545.3000 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3545.3002 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3545.3004 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3545.3005 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3545.3008 [Repealed, 26 SR 1718]
[Repealed, 26 SR 1718]
Minn. R. 3545.3010 [Repealed, 26 SR 1718]
[Repealed, 26 SR 1718]
Minn. R. 3545.3014 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3545.3018 [Repealed, 26 SR 1718]
[Repealed, 26 SR 1718]
Minn. R. 3545.3020 [Repealed, 26 SR 1718]
[Repealed, 26 SR 1718]
Minn. R. 3545.3022 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3545.3024 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Chapter 3550 TRAINING AND EXPERIENCE INDEX
Minn. R. 3550.0100 [Repealed, L 2003 1Sp9 art 10 s 14]
[Repealed, L 2003 1Sp9 art 10 s 14]
Chapter 3560 MANAGEMENT INFORMATION SYSTEMS
Minn. R. 3560.0010 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3560.0020 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3560.0030 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3560.0040 Repealed by subpart
Subpart 1.
[Repealed, L 1990 c 562 art 8 s 46; L 1993 c 224 art 12 s 39]
Subp. 2.
[Repealed, L 1991 c 265 art 9 s 75; L 1993 c 224 art 12 s 39]
Subp. 3.
[Repealed, L 1990 c 562 art 8 s 46; L 1993 c 224 art 12 s 39]
Subp. 4.
[Repealed, L 1991 c 265 art 9 s 75; L 1993 c 224 art 12 s 39]
Minn. R. 3560.0050 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
Minn. R. 3560.0060 [Repealed, L 1991 c 265 art 9 s 75; L 1993 c 224 art 12 s 39]
[Repealed, L 1991 c 265 art 9 s 75; L 1993 c 224 art 12 s 39]
Minn. R. 3560.0070 [Repealed, L 1993 c 224 art 12 s 39]
[Repealed, L 1993 c 224 art 12 s 39]
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