Special Education Services

The purpose of the Special Education Advisory Council is to act as an advisory body to the District through the Director of Special Services on behalf of students receiving special education services. The SEAC represents the interests of all district learners with disabilities from birth through age 22 and will work towards the district’s compelling vision to “change until all of our systems measurably work for each and every student”.

The SEAC will meet approximately three times during the school year. Two of the meetings will be held virtually and one will be held in person.

If you are interested in participating in a SEAC meeting, please complete the Google Form linked below. You will receive an email with a Google Link to participate in the meeting.

SEAC Registration Form 

Children may be eligible for special education services at birth. Identification of school-age children is usually based on the child’s performance in school.Pre-referral: Before referring a school-aged child for an evaluation, the classroom teacher may plan strategies to see if his or her performance improves with simple changes in curriculum or environment. These are called “pre-referral interventions.” At least two pre-referral interventions must be tried and documented. If your child’s performance improves, an evaluation may not be needed. If problems continue, an evaluation will help identify more specific ways to help your child learn. A pre-referral intervention does not require parent permission. It is important for parents to know what interventions are to be tried and the amount of time that they will be attempted before it is decided if they are working or not.

Referral: When classroom interventions are not successful, the classroom teacher may make a referral for a Child Study Team to consider whether the child should receive further evaluation. This team decides if there is evidence of a disability, if so, the areas to be evaluated and assessments to be completed.

The referral is the starting point of the special education process. A referral is simply a request for an evaluation. This referral can be made by a parent or guardian, the classroom teacher, any member of the school district (public or private), a judicial officer, or a student (18 years or older, or an emancipated minor). A meeting may be scheduled to voice concerns.

Parents may initiate a request for an evaluation. In order to do this, you could submit a written request for an evaluation to the school. If so, one copy of the letter should go to the school principal, school psychologist, classroom teachers and one should be kept for your files. This document should include the reason for the referral and details describing academic or behavioral concerns.

You also may be asked to provide additional details regarding concerns about school performance. Once the request is made, the team will determine if an evaluation is warranted. 

A referral does not mean the student has a disability. It is the first step to determine if concerns are due to a disability. Following the referral, the school district will invite you to an evaluation planning meeting. You will work with the school team to determine what areas will be evaluated, what tests will be used and who will do the testing. The evaluation cannot take place without your written consent. Once the school district receives consent, the evaluation must be completed within 30 school days.

When an evaluation is recommended, it means that you or your child’s academic team of teachers feels your child may have a disability that is interfering with his or her ability to learn.

The purpose of the evaluation is to determine if the student has a disability that qualifies them for special education and if they require specialized instruction to make progress in the general education curriculum. This starts with the evaluation of your child in all areas of concern. The evaluation should examine all areas of suspected disability and provide a detailed description of your child’s current educational performance and needs. This evaluation may include:

Several professionals may be involved, and may include, but are not limited to: the general education teacher, a special education teacher, the school nurse, the school psychologist, a speech-language pathologist, an adapted physical education teacher, occupational therapist, or physical therapist.

Teachers can refer a student to a Child Study Team without your authorization; however, no special education evaluation can take place without your written consent. The school district will invite you to an evaluation planning meeting. You will work with the school team to determine what areas will be assessed, what tests will be used and who will do the testing. A  Prior Written Notice form requesting permission to evaluate your child will be sent to you for your signature, shortly after the evaluation-planning meeting.

Once permission is received by the school district, they have 30 school days (not including holidays and weekends) to complete the testing. This time period is determined by state rules in order to provide schools with enough time to conduct an appropriate evaluation of your child’s needs.

After the Evaluation: After the evaluation, the case manager or school psychologist assigned to your child will contact you. This person will coordinate a date and time for you to discuss the results of your child’s evaluation with members of the evaluation team along with at least one classroom teacher. The student’s participation is determined on an individual basis and is up to you.

The assessment results will be summarized in an evaluation report. You will receive a copy of the final report. Your child’s eligibility for special education services is determined by very specific criteria outlined by State and Federal Law.

If your child is found to meet the eligibility criteria for any of the identified educational disabilities the evaluation team will develop an Individualized Education Plan (IEP).

If your child does not qualify for special education and still struggles in school, there are other options that may be available to him or her. General education supports include:

• formal tests
• informal measures
• direct observations
• educational history and
• medical
• title services
• student advocates
• guidance counselors
• 504 Plans
• reading/math interventionists

Procedural Safeguards Notice: Part C-Infant and Toddler Early Intervention, Ages Birth-2.  

Full Copy of Part C Procedural Safeguards Notice

Provides an overview of parental rights for parents of children with disabilities from birth through age 2 under Part C of the Individuals with Disabilities Education Act (IDEA).  Click here for versions in Arabic, Bosnian, Hmong, Khmer, Laotian, Russian, Somali, Spanish or Vietnamese. 

Procedural Safeguards Notice: Part B-Ages 3-21. 

Full Copy of Part B Procedural Safeguards Notice

Provides an overview of parental rights for parents of children with disabilities ages 3 through 21 under Part B of the Individuals with Disabilities Education Act (IDEA).

Click here for versions in Arabic, Bosnian, Chinese, French, Hindi, Hmong, Khemer, Korean, Laotian, Russian, Somali, Spanish or Vietnamese.

 The District must provide you with Notice of Procedural Safeguards at least one time per year. It must also be given to you:

• The first time your child is referred for a special education evaluation or if you request an evaluation;

Full Copy of Part C Procedural Safeguards Notice

• The first time you file a complaint with the Minnesota Department of Education (MDE) in a school year;
• The first time you or the district requests a due process hearing in a school year;
• On the date the district decides to change the placement of your student by removing the student from school for a violation of the district discipline policy; or
• Upon your request.

Minnesota Law (M.S.125A.21) requires that school districts seek reimbursement from private and public health insurers for the cost of health-related services provided to students who receive special education services. If your child receives health-related services as part of their IEP, IFSP or IIIP, a member of your child's team may ask your permission to share information with your insurer and/or physician in order to bill for these services. Health-related services are developmental, corrective and supportive services that are required in order for a student to benefit from their program of specialized instruction. Health-related services include supports such as:

1. Diagnosis, evaluation and assessment;
2. Speech, physical and occupational therapies;
3. Audiology;
4. Paraprofessional/personal care assistant (PCA) services;
5. Mental health services;
6. Transportation; and
7. Health services such as nursing.

While districts are required to seek payment from both private and public insurers, Shakopee Public Schools will seek to bill only public insurance Medical Assistance (MA) TEFRA, and MinnesotaCare (MC). Billing public insurance has no impact on your child's or family's medical coverage. Shakopee Public Schools will not seek to bill private insurance, as doing so could cause your insurance rates to increase and/or have other negative effects on your child's and family's insurance coverage.

If your child is covered both by private insurance and MA/MHCP, the district will ask your permission to contact your private insurer to seek a denial of coverage (private insurers typically will not pay for services provided by schools). Once we have received a letter of denial, we will then bill your public insurance.

One of the most important things to know is that Minnesota laws offer protections to parents and students when schools bill MA or MS. These protections include:

1. Services provided by the district and paid by MA or MS do not count toward any monthly, annual or lifetime limits for the same or similar services. For example, if your child's IEP includes occupational therapy services, it does not affect therapy service limits your child might need or receive from a rehab agency.
2. Services provided by the district and paid by MA or MS do not count toward any home care or waiver caps. For example, if your child's IEP includes staff to assist with eating and toileting, it does not affect the amount of personal care assistant services your child can receive at home.
3. Services provided by the district and paid by MA or MS do not affect services your child gets from other providers, or those covered by a PMAP.
4. There are not parental fees nor co-pays for services provided by the district and paid by MA.
5. Services provided by the district and paid by MA does not count toward a spenddown.

Minnesota law requires that any money received from MA billing can only be used for three things:

1. For the benefit of students with special needs within the district,
2. To pay for the cost of doing MA billing, and 
3. For training and help to increase the amount of MA billing.

For more information Email Julie Day, jday@shakopee.k12.mn.us, or call 952.496.5052

In accordance with Minn. Stat. §§ 125A.094 and 125A.0942, every school district is required to develop a plan that discloses its use of restrictive procedures with special education students. 

For questions regarding the use of Restrictive Procedures in Shakopee Public Schools, please contact Julie Fred, Director of Special Services.

Shakopee Public Schools is committed to providing a free and appropriate public education to all students.  Students who have a diagnosed medical condition identified to be a disability may be eligible for certain protections under Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) of 1990. Schools are required to provide access to education for all students, and to make available reasonable accommodations to a student's educational program or setting. If a student is eligible under Section 504, a Section 504 Plan will be developed by the student's team which includes: parents, student (if appropriate), and other knowledgeable school personnel. 

Section 504 of the Rehabilitation Act of 1973 (34 C.F.R. Part 104) is a federal civil rights statute that assures individuals will not be discriminated against based on their disability. All school districts that receive federal funding are responsible for the implementation of this law. This law protects a student with an impairment that substantially limits one or more major life activities, whether the student receives special education services or not.

Examples of physical or mental impairments that may be covered under Section 504 include: epilepsy, AIDS, allergies, vision impairment, broken limbs, cancer, diabetes, asthma, temporary condition due to accidents or illness, ADD/ADHD, learning disabilities, autism, depression, intellectual disability, traumatic brain injury, and post-traumatic stress disorder.

Examples of major life activities that can be affected by the student’s disability include: learning, thinking, concentrating, reading, speaking, walking, breathing, sleeping, caring for oneself, as well as major bodily functions, including brain function, immune system function, or digestive functions. This is not an exhaustive list.  

If any person believes Shakopee Public Schools or any of the District's staff have violated the principles and/or regulations of Section 504 of the Rehabilitation Act of 1973, they may bring forward a complaint in accordance with the following procedure. 

Related Links:

School Board Policy on Disability Non-Discrimination - Policy #521

PACER Center Information Sheet on Section 504 

PACER Center Information Sheet on School Adaptations 

The purpose of Homebound Instructional Services is to provide K–12 students who are unable to attend classes in a school building—due to health or other approved reasons—with educational support that allows them to maintain academic progress in agreed-upon classes. These services are designed to facilitate a smooth and successful transition back to the school setting as quickly as possible.

Medical Homebound Instructional Services are provided in the home or other non-school building site within Shakopee Public Schools boundaries, when a licensed medical authority (such as a physician or psychiatrist) verifies that a student is confined to their home and unable to attend school. Instruction takes place in the home or another non-school location within district boundaries.

District Referral Process

To initiate services, the district must receive:

• Written documentation of a medical diagnosis
• Anticipated dates of absence and possible return date
• A medical request for homebound services to begin during the treatment process, which includes verification of the student’s confinement to their home and inability to attend school.

Service Duration

Homebound instructional services are intended to be short-term, unless exceptional circumstances exist. Services will not exceed 172 school days (the length of a typical school year). While receiving homebound instructional services, the student remains enrolled in and the responsibility of the school they attended immediately prior to beginning homebound services.

Homebound Service Guidelines for Parents and Guardians