School Board Policy 608 -
Instructional Services - Special Education

I. Purpose

The purpose of this policy is to set forth the position of the School Board on the need to provide special educational services to some students in the school district.

II. General Statement of Policy 

The School Board recognizes that some students need special education, and further recognizes the importance of providing a free appropriate public education and delivery system for students in need of special education.

III. Children from Birth Through Age Seven Experiencing Developmental Delays

A. "Child with a disability" means a child identified under federal and state special education law as deaf or hard-of-hearing, blind or visually impaired, deafblind, or having a speech or language impairment, a physical impairment, other health disability, developmental cognitive disability, an emotional or behavioral disorder, specific learning disability, autism spectrum disorder, traumatic brain injury, or severe multiple impairments, and who needs special education and related services, as determined by the rules of the Commissioner of the Minnesota Department of Children, Youth, and Families for children from birth through age two and by the rules of the Commissioner of the Minnesota Department of Education for all other children. A licensed physician, an advanced practice registered nurse, a physician assistant, or a licensed psychologist is qualified to make a diagnosis and determination of attention deficit disorder or attention deficit hyperactivity disorder for purposes of identifying a child with a disability.

B. In addition to Paragraph A, every child under age three, and at local district discretion from age three to age seven, who needs special instruction and services, as determined by the rules of the Commissioner of the Minnesota Department of Children, Youth, and Families for children from birth through age two and by the rules of the Commissioner of the Minnesota Department of Education for children ages three through seven, because the child has a substantial delay or has an identifiable physical or mental condition known to hinder normal development is a child with a disability.

C. A child with a short-term or temporary physical or emotional illness or disability, as determined by the rules of the Commissioner of the Minnesota Department of Children, Youth, and Families for children from birth through age two and by the rules of the Commissioner of the Minnesota Department of Education for all other children, is not a child with a disability.

IV. Responsibilities 

A. The School Board accepts the responsibility to identify, evaluate, and provide special instruction and related services for children with disabilities who are properly the responsibility of the school district and who meet the criteria to qualify for special education and related services as set forth in Minnesota and federal law.

B. The school district shall ensure that all children with disabilities are provided the special instruction and services which are appropriate to their educational needs.

C. When such services require or result from interagency cooperation, the school district shall participate in such interagency activities in compliance with applicable federal and state law.

D. For students with disabilities, the school district may conduct an assessment for developmental adapted physical education, as defined in Minnesota Rules, part 3525.1352, as a stand-alone evaluation without conducting a comprehensive evaluation of the student in accordance with prior written notice provisions in Minnesota Statutes, section 125A.091, subdivision 3a.

Legal References: 
Minn. Stat. § 124D.03 (Enrollment Options Program)
Minn. Stat. § 125A.02 (Child with a Disability Defined)
Minn. Stat. § 125A.027 (Rulemaking)
Minn. Stat. § 125A.03 (Special Instruction for Children with a Disability)
Minn. Stat. § 125A.08 (Individualized Education Programs)
Minn. Stat. § 125A.15 (Placement in Another District; Responsibility)
Minn. Stat. § 125A.29 (Responsibilities of County Boards and School Boards)
Minn. Rules, part 3525.1352
20 U.S.C. § 1400 et seq. (Individuals with Disabilities Education Act)

Cross References: 
WBLASB Policy 402 (Disability Nondiscrimination)
WBLASB Policy 508 (Extended School Year for Certain Students with Individual Education Plans)
WBLASB Policy 509 (Enrollment of Nonresident Students)
WBLASB Policy 521 (Student Disability Nondiscrimination)