Minnesota State Academy for the Deaf

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Admissions » 125A.68 STATE ADOPTED PROCEDURES

125A.68 STATE ADOPTED PROCEDURES

Subdivision 1. Subjects. The board of the Minnesota State Academies must establish procedures for:

(1) admission, including short-term admission, to the academies;
(2) discharge from the academies;
(3) decisions on a pupil's program at the academies; and
(4) evaluation of a pupil's progress at the academies.

Subd. 2. Minimum content. The discharge procedures must include reasonable notice to the child's district of residence. The procedures must guarantee a pupil and the pupil's parent or guardian appropriate safeguards. The safeguards must include a review of the placement determination made under sections 125A.03external link icon to 125A.24external link icon, 125A.65external link icon, and 125A.69external link icon and the right to
participate in educational program decisions.

Subd. 3. Not contested case. A proceeding about admission to or discharge from the academies or about a pupil's program or progress at the academies is not a contested case under section 14.02external link icon. The proceeding is governed instead by the rules governing special education.
History: 1989 c 220 s 2; 1Sp1995 c 3 art 11 s 15; 1998 c 397 art 11 s 3; 1998 c 398 art 5 s 25,26; 1999 c 241 art 2 s 28

125A.69 ADMISSION STANDARDS.

Subdivision 1. Two kinds. There are two kinds of admission to the Minnesota State Academies.

(a) A pupil who is deaf, hard of hearing, or blind-deaf, may be admitted to the Academy for the Deaf. A pupil who is blind or visually impaired, blind-deaf, or multiply disabled may be admitted to the Academy for the Blind. For a pupil to be admitted, two decisions must be made under sections 125A.03 external link iconto 125A.24external link icon and 125A.65external link icon.

(1) It must be decided by the individual education planning team that education in regular or special education classes in the pupil's district of residence cannot be achieved satisfactorily because of the nature and severity of the deafness or blindness or visual impairment respectively.
(2) It must be decided by the individual education planning team that the academy provides the most appropriate placement within the least restrictive alternative for the pupil.

(b) A deaf or hard of hearing child or a visually impaired pupil may be admitted to get socialization skills or on a short-term basis for skills development.

Subd. 2. Pupils with multiple disabilities eligible to attend. This section does not prevent a pupil with disabilities in addition to being

(1) deaf or hard of hearing, or
(2) blind or visually impaired from attending the Academy for the Deaf or the Academy for the Blind, respectively.

Subd. 3. Out-of-state admissions. An applicant from another state who can benefit from attending either academy may be admitted to the academy if the admission does not prevent an eligible Minnesota resident from being admitted. The board of the Minnesota State Academies must obtain reimbursement from the other state for the costs of the out-of-state admission. The state board may enter into an agreement with the appropriate authority in the other state for the reimbursement. Money received from another state must be deposited in the special revenue fund and credited to the general operating account of the academies. The money is appropriated to the academies.

125A.69 ADMISSION STANDARDS.

Subdivision 1. Admissions.
Admission to the Minnesota State Academies is described in this section.
(a) A pupil who is deaf, hard of hearing, or deafblind, may be admitted to the Academy for the Deaf. A pupil who is blind or visually impaired, deafblind, or multiply disabled may be admitted to the Academy for the Blind. For a pupil to be admitted, two decisions must be made under sections 125A.03 to 125A.24 and 125A.65.

(1) It must be decided by the individualized education program team that education in regular or special education classes in the pupil's district of residence cannot be achieved satisfactorily because of the nature and severity of the deafness or blindness or visual impairment respectively.
(2) It must be decided by the individualized education program team that the academy provides the most appropriate placement within the least restrictive alternative for the pupil.


(b) A deaf or hard of hearing child or a visually impaired pupil may be admitted to get socialization skills or on a short-term basis for skills development.
(c) A parent of a child who resides in Minnesota and who meets the disability criteria for being deaf or hard of hearing, blind or visually impaired, or multiply disabled may apply to place the child in the Minnesota State Academies. Academy staff must review the application to determine whether the Minnesota State Academies is an appropriate placement for the child. If academy staff determine that the Minnesota State Academies is an appropriate placement, the staff must invite the individualized education program team at the child's resident school district to participate in a meeting to arrange a trial placement of between 60 and 90 calendar days at the Minnesota State Academies. If the child's parent consents to the trial placement, the Minnesota State Academies is the responsible serving school district and incurs all due process obligations under law, and the child's resident school district is responsible for any transportation included in the child's individualized education program during the trial placement. Before the trial placement ends, academy staff must convene an individualized education program team meeting to determine whether to continue the child's placement at the Minnesota State Academies or that another placement is appropriate. If the academy members of the individualized education program team and the parent are unable to agree on the child's placement, the child's placement reverts to the placement in the child's individualized education program that immediately preceded the trial placement. If the parent and individualized education program team agree to continue the placement beyond the trial period, the transportation and due process responsibilities are the same as those described for the trial placement under this paragraph.

Subd. 2.Pupils with multiple disabilities eligible to attend.
This section does not prevent a pupil with disabilities in addition to being

(1) deaf or hard of hearing, or
(2) blind or visually impaired

from attending the Academy for the Deaf or the Academy for the Blind, respectively.
Subd. 3.Out-of-state admissions.
An applicant from another state who can benefit from attending either academy may be admitted to the academy if the admission does not prevent an eligible Minnesota resident from being admitted. The board of the Minnesota State Academies must obtain reimbursement from the other state for the costs of the out-of-state admission. The state board may enter into an agreement with the appropriate authority in the other state for the reimbursement. Money received from another state must be deposited in the special revenue fund and credited to the general operating account of the academies. The money is appropriated to the academies.
Subd. 4.Compulsory attendance.
The compulsory attendance provisions of section 120A.22 apply to attendance at the academies. Attendance may be excused under that section by the commissioner of education or a designee. A person who fails to comply with section 120A.22 is subject to section 120A.26. The academies' administrator must exercise the duties imposed on a superintendent by section 120A.26. Attendance at the Academy for the Deaf or the Academy for the Blind fulfills the requirements of sections 125A.03 to 125A.24 and 125A.65. The academies are subject to sections 121A.40 to 121A.45, the Pupil Fair Dismissal Act of 1970, as amended.
History:
1976 c 271 s 70; 1985 c 240 s 5; 1986 c 444; 1987 c 384 art 1 s 55; 1989 c 220 s 2; 1991 c 265 art 11 s 12; 1Sp1995 c 3 art 11 s 16,17; art 16 s 13; 1998 c 397 art 11 s 3; 1999 c 241 art 2 s 29,30; 2003 c 130 s 12; 2005 c 56 s 1; 2006 c 263 art 5 s 6; 1Sp2011 c 11 art 3 s 10,12