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Section 125A.26 — Purpose.

125A.26 PURPOSE. It is the policy of the state to develop and implement comprehensive, coordinated, multidisciplinary interagency programs of early intervention services for children with disabilities and their families. History: 1994 c 647 art 3 s 9,34; 1Sp1995 c 3 art 16 s 13; 1996 c 412 art 3 s 4,5; 1Sp1997 c 4 art […]

Section 125A.27 — Definitions.

125A.27 DEFINITIONS. Subdivision 1. Scope. For the purposes of sections 125A.259 to 125A.48, the following terms have the meanings given them. Subd. 2. Coordinate. “Coordinate” means to provide ready access to a community’s services and resources to meet child and family needs. Subd. 3. Core early intervention services. “Core early intervention services” means services that […]

Section 125A.28 — State Interagency Coordinating Council.

125A.28 STATE INTERAGENCY COORDINATING COUNCIL. An Interagency Coordinating Council of at least 17, but not more than 25 members is established, in compliance with Public Law 108-446, section 641. The members must be appointed by the governor and reasonably represent the population of Minnesota. Council members must elect the council chair, who may not be […]

Section 125A.29 — Responsibilities Of County Boards And School Boards.

125A.29 RESPONSIBILITIES OF COUNTY BOARDS AND SCHOOL BOARDS. (a) It is the joint responsibility of county boards and school boards to coordinate, provide, and pay for appropriate services, and to facilitate payment for services from public and private sources. Appropriate services for children eligible under section 125A.02 must be determined in consultation with parents, physicians, […]

Section 125A.30 — Interagency Early Intervention Committees.

125A.30 INTERAGENCY EARLY INTERVENTION COMMITTEES. (a) A group of school districts or special education cooperatives, in cooperation with the county and tribal health and human service agencies located in the county or counties in which the districts or cooperatives are located, must establish an Interagency Early Intervention Committee for children with disabilities under age five […]

Section 125A.31 — Local Primary Agency.

125A.31 LOCAL PRIMARY AGENCY. (a) The local primary agency must: (1) facilitate the development of annual fund requests that identify arrangements with other local and regional agencies providing services as part of the state’s early childhood intervention system and that result in service availability on a year-round basis, as necessary; (2) administer funds received through […]

Section 125A.32 — Individualized Family Service Plan (ifsp).

125A.32 INDIVIDUALIZED FAMILY SERVICE PLAN (IFSP). (a) A team must participate in IFSP meetings to develop the IFSP. The team shall include: (1) a parent or parents of the child, as defined in Code of Federal Regulations, title 34, section 303.27; (2) other family members, as requested by the parent, if feasible to do so; […]

Section 125A.33 — Service Coordination.

125A.33 SERVICE COORDINATION. (a) The team responsible for the initial evaluation and the child- and family-directed assessment and for developing the IFSP under section 125A.32, if appropriate, must select a service coordinator to carry out service coordination activities on an interagency basis. Service coordination must actively promote a family’s capacity and competency to identify, obtain, […]

Section 125A.34 — Early Intervention Respite Services.

125A.34 EARLY INTERVENTION RESPITE SERVICES. The provision of respite services for an eligible child and family must be determined in the context of the IFSP development based on the individual needs of the child and family and with consideration given to the following criteria: (1) severity of the child’s disability and needs; (2) potential risk […]

Section 125A.35 — Early Intervention Service Dollars.

125A.35 EARLY INTERVENTION SERVICE DOLLARS. Subdivision 1. Lead agency; allocation of resources. The state lead agency must administer the early intervention account that consists of federal allocations. The Part C state plan must state the amount of federal resources in the early intervention account available for use by local agencies. The state lead agency must […]

Section 125A.36 — Payment For Services.

125A.36 PAYMENT FOR SERVICES. Core early intervention services must be provided at public expense with no cost to parents. Parents must be requested to assist in the cost of additional early intervention services by using third-party payment sources. Payment structures permitted under state law must be used to pay for additional early intervention services. Parental […]

Section 125A.37 — Payor Of Last Resort.

125A.37 PAYOR OF LAST RESORT. The state lead agency must maintain a reserve account from federal sources to pay for services in dispute or to pay for early intervention services when local agencies have exhausted all other public and private funds available for Part C eligible children. History: 1994 c 647 art 3 s 9,34; […]

Section 125A.38 — Maintenance Of Effort.

125A.38 MAINTENANCE OF EFFORT. A county human services agency or county board must continue to provide services set forth in their county social service agency plan. The county human services agency or county board must serve children with disabilities under age five and their families, or as specified in the IFSP for children with disabilities, […]

Section 125A.39 — Local Interagency Agreements.

125A.39 LOCAL INTERAGENCY AGREEMENTS. School boards and the county board may enter into agreements to cooperatively serve and provide funding for children with disabilities, under age five, and their families within a specified geographic area. The local interagency agreement must address, at a minimum, the following issues: (1) responsibilities of local agencies on local interagency […]

Section 125A.40 — Third-party Payment.

125A.40 THIRD-PARTY PAYMENT. Nothing in this section relieves an insurer or similar third party from an otherwise valid obligation to pay, or changes the validity of an obligation to pay, for services rendered to a child with a disability, and the child’s family. History: 1994 c 647 art 3 s 9,34; 1Sp1995 c 3 art […]

Section 125A.41 — Coordinating Health Insurance Benefits.

125A.41 COORDINATING HEALTH INSURANCE BENEFITS. The Department of Health must provide technical assistance in a timely manner to service coordinators, parents of children with disabilities, and agencies in situations requiring the coordination of health insurance benefits, or the identification of third-party payor responsibilities to provide necessary health benefits. History: 1994 c 647 art 3 s […]

Section 125A.42 — Procedural Safeguards; Parent And Child Rights.

125A.42 PROCEDURAL SAFEGUARDS; PARENT AND CHILD RIGHTS. (a) This section applies to local school and county boards for children from birth through age two who are eligible for Part C, Public Law 108-446, and their families. This section must be consistent with the Individuals with Disabilities Education Act, United States Code, title 20, sections 1471 […]

Section 125A.43 — Mediation Procedure.

125A.43 MEDIATION PROCEDURE. (a) The commissioner, or the commissioner’s designee, of the state lead agency must use federal funds to provide mediation for the activities in paragraphs (b) and (c). (b) A parent may resolve a dispute regarding issues in section 125A.42, paragraph (b), clause (5), through mediation. If the parent chooses mediation, mediation must […]

Section 125A.44 — Complaint Procedure.

125A.44 COMPLAINT PROCEDURE. (a) An individual or organization may file a written signed complaint with the commissioner of the state lead agency alleging that one or more requirements of the Code of Federal Regulations, title 34, part 303, is not being met. The complaint must include: (1) a statement that the state has violated the […]