Minnesota Statutes

Minn. Stat. § 125A.03 (2026)

Special Instruction For Children With A Disability

✓ current as of May 2026

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(a) As defined in paragraph (b), every district must provide special instruction and services, either within the district or in another district, for all children with a disability, including providing required services under Code of Federal Regulations, title 34, section 300.121, paragraph (d), to those children suspended or expelled from school for more than ten school days in that school year, who are residents of the district and who are disabled as set forth in section 125A.02. For purposes of state and federal special education laws, the phrase "special instruction and services" in the state Education Code means a free and appropriate public education provided to an eligible child with disabilities. "Free appropriate public education" means special education and related services that:

(1) are provided at public expense, under public supervision and direction, and without charge;

(2) meet the standards of the state, including the requirements of the Individuals with Disabilities Education Act, Part B or C;

(3) include an appropriate preschool, elementary school, or secondary school education; and

(4) are provided to children ages three through 21 in conformity with an individualized education program that meets the requirements of the Individuals with Disabilities Education Act, subpart A, sections 300.320 to 300.324, and provided to infants and toddlers in conformity with an individualized family service plan that meets the requirements of the Individuals with Disabilities Education Act, subpart A, sections 303.300 to 303.346.

(b) Notwithstanding any age limits in laws to the contrary, special instruction and services must be provided from birth until the child with a disability becomes 22 years old but shall not extend beyond secondary school or its equivalent, except as provided in section 124D.68, subdivision 2. Local health, education, and social service agencies must refer children under age five who are known to need or suspected of needing special instruction and services to the school district. Districts with less than the minimum number of eligible children with a disability as determined by the commissioner must cooperate with other districts to maintain a full range of programs for education and services for children with a disability. This section does not alter the compulsory attendance requirements of section 120A.22.

(c) At the board's discretion, a school district that participates in a reciprocity agreement with a neighboring state under section 124D.041 may enroll and provide special instruction and services to a child from an adjoining state whose family resides at a Minnesota address as assigned by the United States Postal Service if the district has completed child identification procedures for that child to determine the child's eligibility for special education services, and the child has received developmental screening under sections 142D.09 to 142D.093.

Notes of Decisions

Cited in 6 cases, 2005–2020 · leading case: Indep. Sch. Dist. No. 281 v. Minnesota Dep't of Educ., 743 N.W.2d 315 (Minn. Ct. App. 2008).

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Indep. Sch. Dist. No. 281 v. Minnesota Dep't of Educ., 743 N.W.2d 315 (Minn. Ct. App. 2008). · cites it 16× “281 appeals from an order by respondent the MDE, which concluded that the district violated Minn.Stat. §§ 125A.03 and 125A.18 (2006) and 34 C.”

Special Sch. Dist. No. 1 v. R.M.M. Ex Rel. O.M., 861 F.3d 769 (8th Cir. 2017). · cites it 2× “§ 1401 (9)(A) & (D); Minn. Stat. § 125A.03(a)(2) & (4). Second, MPS argues that a FAPE is more than special instruction and services, and therefore it is incorrect to read Minnesota law as granting private school students a right to a FAPE.”

Indep. Sch. Dist. No. 12 v. Minnesota Dep't of Educ., 767 N.W.2d 478 (Minn. Ct. App. 2009). · cites it 2× “Minn.Stat. § 125A.03(a) (2008). Generally, the state statutes governing special education refer to federal law.”

Osseo Area Schs. v. M.N.B., 970 F.3d 917 (8th Cir. 2020). “But the Big Lake District is required by state law to provide a FAPE for all residents of the district, see Minn. Stat. § 125A.03, and the State satisfied the obligation to provide a FAPE when the -6- Big Lake District reimbursed the cost of transporting M.”

Indep. Sch. Dist. v. DEPT. OF EDUC., 743 N.W.2d 315 (Minn. Ct. App. 2008). · cites it 16× “281 appeals from an order by respondent the MDE, which concluded that the district violated Minn.Stat. §§ 125A.03 and 125A.18 (2006) and 34 C.”

Indep. Sch. Dist. No. 709 v. Bonney, 705 N.W.2d 209 (Minn. Ct. App. 2005). · cites it 2× “” Minn.Stat. § 125A.03(a) (2004). Under the federal IDEA, children with disabilities are entitled to a “free appropriate public education,” (FAPE) which is defined as “special education and related services.”

— Minn. Stat. § 125A.03(a) — 4 cases

Indep. Sch. Dist. No. 281 v. Minnesota Dep't of Educ., 743 N.W.2d 315 (Minn. Ct. App. 2008). “281 appeals from an order by respondent the MDE, which concluded that the district violated Minn.Stat. §§ 125A.03 and 125A.18 (2006) and 34 C.”

Indep. Sch. Dist. No. 12 v. Minnesota Dep't of Educ., 767 N.W.2d 478 (Minn. Ct. App. 2009). “Minn.Stat. § 125A.03(a) (2008). Generally, the state statutes governing special education refer to federal law.”

Indep. Sch. Dist. No. 709 v. Bonney, 705 N.W.2d 209 (Minn. Ct. App. 2005). “” Minn.Stat. § 125A.03(a) (2004). Under the federal IDEA, children with disabilities are entitled to a “free appropriate public education,” (FAPE) which is defined as “special education and related services.”

Indep. Sch. Dist. v. DEPT. OF EDUC., 743 N.W.2d 315 (Minn. Ct. App. 2008). “281 appeals from an order by respondent the MDE, which concluded that the district violated Minn.Stat. §§ 125A.03 and 125A.18 (2006) and 34 C.”

— Minn. Stat. § 125A.03(a)(2) — 1 case

Special Sch. Dist. No. 1 v. R.M.M. Ex Rel. O.M., 861 F.3d 769 (8th Cir. 2017). “§ 1401 (9)(A) & (D); Minn. Stat. § 125A.03(a)(2) & (4). Second, MPS argues that a FAPE is more than special instruction and services, and therefore it is incorrect to read Minnesota law as granting private school students a right to a FAPE.”

— Minn. Stat. § 125A.03(a)(3) — 1 case

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