MASE Platform 2008

Alignment with Federal IDEA Regulations

MASE supports the need to regularly review all Minnesota rules and statutes pertaining to the provision of special education and related services for students with disabilities to determine areas where adjustments are required to align Minnesota requirements with federal regulations.

 

bullet MASE believes the comprehensive annual review should be completed by a joint work group that includes special education stakeholders comparing Minnesota Special Education Rules and Statutes to federal requirements and standards. 

bullet MASE believes that special education is a complex area and efforts to align Minnesota requirements with federal regulations will reduce conflict and provide clarity to the field.

 

bullet MASE believes that the specific areas where Minnesota Statutes and Rules exceed federal requirements are of concern because the increased requirements affect how teachers spend their time in delivery of special education services.  MASE supports review of Minnesota Statutes and Rules in the priority areas listed below.
  1. Transition:  Minnesota should begin the process at age 16 as per federal standards and limit areas of need to those outlined in federal standards
  2.  LRE (Least Restrictive Environment):  Minnesota should implement the federal definition
  3. Behavior Intervention Rule:  Minnesota standard should be aligned with federal expectations
  4. Exit Procedures:  Minnesota should limit requirements to those outlined in federal standards only
  5. Private School:  Minnesota should limit placement rights to those in federal standards
  6. Evaluation:  Minnesota should address re-evaluation standards and parental rejection of evaluation plans that exceed federal standards.
  7. Parent Advisory Committee:  Minnesota should not require Districts to have special education parent advisory committees because this exceeds and expands federal expectations
  8. Procedural Safeguards:  Minnesota should implement the federal procedural safeguards and not expand beyond federal standards
  9. Burden of Proof:  Minnesota should implement the standard set forth by the U.S. Supreme Court under which the party requesting a due process hearing has the burden of proof at hearing
  10. Extra Curricular:  MASE supports student access to extra curricular activities as outlined in federal law.

 

bullet MASE believes the MDE must seek explicit legislative authority to promulgate future rule packages.
  1. MASE encourages MDE to effectively utilize the collective wisdom of parents and special education professionals and follow a consensus driven decision making model in future rule making initiatives.

 

bullet MASE believes the MDE complaint investigation process and procedures should be outlined in statute.

 

bullet MASE believes MDE should change special education policy through legislation and rule making, not via the issuance of policy memos and/or complaint decisions.