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August 8, 2024
Please Respond to Upcoming Data Request
You may soon receive a request from Continental DataLogix for contact information and other educational data related to a recent settlement in K.O. v. Jett. In this settlement, the Minnesota Department of Education (MDE) agreed to provide compensatory education to former students with disabilities who turned 21 years old between July 1, 2019, and July 1, 2022, and may have been denied special education and related services leading up to their 22nd birthday. MDE is working with Continental DataLogix, the court-ordered claims administrator, to meet this agreement.
Please inform the necessary staff of the upcoming request from Continental DataLogix and that it is part of a court order with which local educational agencies (LEAs) must comply. Once received, please respond to the request from Continental DataLogix within the specified timeframe to ensure timely compliance with the court order.
K.O. v. Jett was a class action lawsuit filed by the Minnesota Disability Law Center. As part of the settlement, the court has ordered MDE and Minnesota local educational agencies (LEAs, i.e., school districts, charter schools, special education cooperatives, etc.) to disclose to the claims administrator data on all former students with disabilities who may be entitled to compensatory education under this lawsuit.
To comply with the settlement agreement, MDE released limited Minnesota Automated Reporting Student System (MARSS) data to Continental DataLogix, which included potential class member student names, birthdates and last-attended LEA. Continental DataLogix will be requesting personably identifiable information from LEAs for these students. This request is valid under the court order, which requires LEAs to share this data with Continental DataLogix. Continental DataLogix will use this data to contact the former students or their parents/guardians, determine eligibility of the identified former students and determine what, if any, compensatory education should be provided.
Please note the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 C.F.R. § 99) allows for disclosure of students’ personally identifiable information (PII) without parental or eligible student consent when the disclosure is to other contracted school officials to whom MDE has outsourced institutional services or functions (34 C.F.R. § 99.31(a)(1)(i)(B)), and the information is necessary to comply with a judicial order (34 C.F.R. § 99.31 (a)(9)(i)). Furthermore, students and parents were given notice and the opportunity to object to their names being shared with Continental DataLogix by July 15, 2024, per 34 C.F.R. § 99.31 (a)(9)(ii). MDE received no objections.
If you have questions or concerns, please reach out to MDE’s Data Practices Compliance Official, Adam Heuett, via email at adam.heuett@state.mn.us, or via phone at 651-582-8267.
Special Education Program Monitoring Training Update
Just in time for staff development season, new training and resources are now available on the special education program monitoring training webpage.
Training: Program Monitoring (mn.gov)
Training Drawer: Special Education Leaders and Providers Support
Special Education for General Educators-Recorded Presentation provides a broad overview of special education requirements, including the general educators’ roles and responsibilities to support students with disabilities. The Educational Placement Options supplemental document will assist with decision-making. While general education teachers and building administrators are the intended audience, special education service providers, paraprofessionals and families also may benefit from the content of this training.
Training Drawer: Special Education Paperwork
Student Level Corrections (SLC) Training: This training provides guidance to special education school staff responsible for student level corrections (SLC) and contains helpful tips for using the newly updated Stepwell system.
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