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'sand program's total special education system (TSES) for compliance. Districtsand programs shall also be monitored periodically by the Department ofEducation for their implementation of the TSES and all requirements in UnitedStates Code, title 20, chapter 33, sections 1400 et seq., Code of FederalRegulations, title 34, part 300, Minnesota Statutes, and this part.

Subp. 2. District responsibility. A district shall submit tothe commissioner the district's plan for providing instruction and relatedservices 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 themember districts of a formal special education cooperative. The plan shall beconsidered as part of the annual school district application for program review,but will not be required to be resubmitted annually. If a cooperative changesadministrative organization, it shall submit a revised plan. The new plan mustbe submitted before the beginning of the next school year. The plan shallinclude descriptions of the district's:

A. Child study procedures for the identification andevaluation of students or other persons suspected of having a disabilitybeginning at birth that include a plan for receiving referrals from parents,physicians, private and public programs, and health and human servicesagencies.

B. Method of providing the special education services forthe identified pupils. The district shall have, as part of the district's TSESplan, a description of the full range of available educational servicealternatives. The district's TSES plan shall include:

(1) a description of the sites available at which servicesmay occur. Sites describe the building or other location where specialeducation occurs; and

(2) a description of the available instruction and relatedservices.

C. Administration and management plan to assure effectiveand efficient results of items A and B, including due process procedureassurances available to parents.

D. Operating procedures of interagency committees requiredin statute.

E. Interagency agreements the district has entered.

The commissioner shall approve or implement appropriateprocedures for modification of the district plan. The commissioner shall grantthe district a reasonable time to make necessary modifications when thecommissioner receives a satisfactory corrective action plan that complies withstandards for the education of pupils.

F. [Repealed, L 2009 c 96 art 3 s 22]

Statutory Authority: MS s 120.17; 121.11; L 1994 c 647 art 3s 23; L 1999 c 123 s 19,20