(1)
(i) Autism means a developmental disability significantly affecting verbal and nonverbal
communication and social interaction, generally evident before age three, that adversely affects a
child’s educational performance. Other characteristics often associated with autism are
engagement in repetitive activities and stereotyped movements, resistance to environmental
change or change in daily routines, and unusual responses to sensory experiences.
(ii) Autism does not apply if a child’s educational performance is adversely affected primarily
because the child has an emotional disturbance, as defined in paragraph (c)(4) of this section.
(iii) A child who manifests the characteristics of autism after age three could be diagnosed as
having autism if the criteria in paragraph (c)(1)(i) of this section are satisfied.
34 C.F.R. § 300.8(c)(1).
“Autism spectrum disorders (ASD)” means a range of pervasive developmental disorders, with
onset in childhood, that adversely affect a pupil’s functioning and result in the need for special
education instruction and related services. ASD is a disability category characterized by an
uneven developmental profile and a pattern of qualitative impairments in several areas of
development, including social interaction, communication, or the presence of restricted, repetitive,
and stereotyped patterns of behavior, interests, and activities. These core features may present
themselves in a wide variety of combinations that range from mild to severe, and the number of
behavioral indicators present, may vary. ASD may include Autistic Disorder, Childhood Autism,
Atypical Autism, Pervasive Developmental Disorder Not Otherwise Specified, Asperger’s
Disorder, or other related pervasive developmental disorders. Minn. R. 3525.1325, subp. 1.
B. Criteria for Autism Spectrum Disorder
A multidisciplinary team shall determine that a pupil is eligible and in need of special education
instruction and related services if the pupil meets the criteria in items A and B.
A. An educational evaluation must address all three core features in subitems (1)
to (3). The team must document evidence that the pupil demonstrates patterns of behavior
described in at least two of these subitems, one of which must be subitem (1).
The behavioral indicators demonstrated must be atypical for the pupil’s developmental level. The
team shall document behavioral indicators through at least two of these methods: structured
interviews with parents, autism checklists, communication and developmental rating scales,
functional behavior assessments, application of diagnostic criteria from the current Diagnostic and
Statistical Manual (DSM), informal and standardized evaluation instruments, or intellectual
testing.
(1) Qualitative impairment in social interaction, as documented by two or more behavioral
indicators for example: limited joint attention and limited use of facial expressions
directed toward others; does not show or bring things to others to indicate an interest in
the activity; demonstrates difficulties in relating to people, objects, and events; a gross
impairment in ability to make and keep friends; significant vulnerability and safety
issues due to social naivete; may appear to prefer isolated or solitary activities;
misinterprets others’ behaviors and social cues.
(2) Qualitative impairment in communication, as documented by one or more behavioral
indicators for example: not using finger to point or request; using others’ hand or body
as a tool; showing lack of spontaneous imitations or lack of varied imaginative play;
absence or delay of spoken language; limited understanding and use of
nonverbal communication skills such as gestures; facial expressions, or voice tone; odd
production of speech including intonation, volume, rhythm, or rate; repetitive or
idiosyncratic language or inability to initiate or maintain a conversation when speech is
present.
(3) Restricted, repetitive, or stereotyped patterns of behavior, interest, and activities, as
documented by one or more behavioral indicators for example: insistence on following
routines or rituals; demonstrating distress or resistance to changes in activity; repetitive
hand or finger mannerism; lack of true imaginative play versus reenactment;
overreaction or under-reaction to sensory stimuli; rigid or rule-bound thinking; and
intense, focused preoccupation with a limited range of play, interests, or conversation
topics.
B. The team shall document and summarize in an evaluation report that ASD adversely affects a
pupil's performance and that the pupil is in need of special education instruction and related services.
Documentation must include:
(1) an evaluation of the pupil's present levels of performance and educational needs in each
of the core features identified by the team in item A. In addition, the team must consider all
other areas of educational concern related to the suspected disability;
(2) observations of the pupil in two different settings, on two different days; and
(3) a summary of the pupil's developmental history and behavior patterns.
Minn. R. 3525.1325, subp. 3
C. Team Membership
The team determining eligibility and educational programming must include at least one professional
with experience and expertise in the area of ASD due to the complexity of this disability and the
specialized intervention methods. The team must include a school professional knowledgeable of the
range of possible special education eligibility criteria.
Minn. R. 3525.1325, subp. 4.
D. Implementation
Pupils with various educational profiles and related clinical diagnoses meet the criteria of ASD under
subpart 3. However, a clinical or medical diagnosis is not required for a pupil to be eligible for
special education services, and even with a clinical or medical diagnosis, a pupil must meet the
criteria in subpart 3 to be eligible.
Minn. R. 3525.1325, subp. 5.