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October 6, 2026
Greetings, School Leaders,
The Minnesota Department of Education (MDE) has received questions and concerns from families and advocacy groups regarding the recent memo about care and treatment requirements and how Applied Behavior Analysis (ABA) and Early Intensive Developmental and Behavioral Intervention (EIDBI) services intersect with those requirements. MDE wants to reiterate that the purpose of the memo was to clarify school district responsibilities for students participating in ABA services or services otherwise covered by the EIDBI benefit and clarify district responsibilities related to providing FAPE.
For some time, districts have asked MDE whether ABA or EIDBI providers qualify as care and treatment facilities under Minnesota Statutes 2025, sections 125A.15, 125A.51, and 125A.515, and Minnesota Rules, part 3525.2325. This need for guidance was highlighted in a presentation by the Minnesota Administrators for Special Education (MASE) during the April 16, 2026, House Education Finance Committee hearing. After this hearing, MDE committed to issuing clarification on this topic before the start of the 2026-27 school year.
The memo clarifies that ABA services, or services covered under the EIDBI benefit, may be components of a care and treatment program in individual situations but do not, on their own, meet the statutory and regulatory criteria for care and treatment. In each case, statutory requirements, such as providing an approved educational program and, in some circumstances, transportation, may apply. When determining school district obligations, schools should consult with families to determine whether the student’s participation in ABA or EIDBI services is part of a care and treatment program under Minnesota Rules, part 3525.2325. As always, families who disagree with local decisions may access MDE’s Special Education Dispute Resolution options.
Importantly, the memo does not instruct schools to discontinue educational services or transportation for students participating in ABA or EIDBI. It also does not instruct schools to classify absences for ABA or EIDBI as excused or unexcused under Minnesota Statutes (2025), section 120A.22, subdivision 12.
For additional information, contact:
Thomas J. Delaney (thomas.delaney@state.mn.us)
Supervisor, Interagency Partnerships Unit
Special Education Division
Rebecca Nesset (rebecca.nesset@state.mn.us)
Supervisor, Program Monitoring Unit
Special Education Division
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