Current through Register Vol. 49, No. 6, March 15, 2024
(1) The Missouri
state plan for the Individuals with Disabilities Education Act (IDEA), Part B
contains the administrative provision for the delivery of special education and
related services to eligible children and youth.
(2) The content of this state plan for the
Individuals with Disabilities Education Act (IDEA), Part B (revised December
2022), which is hereby incorporated by reference and made a part of this rule,
meets the federal statute and Missouri's compliance in the following areas. A
copy of the IDEA, Part B, is published by and can be obtained from the
Department of Elementary and Secondary Education, Office of Special Education,
205 Jefferson Street, PO Box 480, Jefferson City, MO 65102-0480, and at its
website at
https://dese.mo.gov/governmental-affairs/dese-administrative-rules/incorporated-reference-materials.
This rule does not incorporate any subsequent amendments or additions.
(A) General Provisions:
1. Applicability;
2. General Supervision
Responsibilities;
3. Performance
Goals and Indicators;
4. State
Administration;
5. Full Educational
Opportunities Goal;
6.
Amendments;
7.
Definitions;
8. Condition of
Assistance;
9. Consistency with
State Policies;
10. Information for
State Education Agency (SEA); and
11. Hearings Related to Public Agency
Eligibility.
(B)
Confidentiality:
1. Confidentiality of
Personally Identifiable Information.
(C) Identification and Evaluation:
1. Child Find;
2. Definitions and Criteria for Determination
of Eligibility;
3. Procedures for
Evaluation and Determination of Eligibility; and
4. Additional Procedures.
(D) Free Appropriate Public Education
(FAPE)/Individualized Education Program (IEP)/Least Restrictive Environment
(LRE):
1. Free Appropriate Public Education
(FAPE);
2. Methods of Ensuring
Services;
3. Individualized
Education Program;
4. Least
Restrictive Environment (LRE);
5.
Transition of Children from Part C Services to Part B Services; and
6. Failure to Provide Free and Appropriate
Public Education (FAPE).
(E) Procedural Safeguards/Discipline:
1. Opportunity to Examine Education
Records/Parent Participation in Meetings;
2. Independent Educational Evaluation
(IEE);
3. Written Notice;
4. Procedural Safeguards Notice;
5. Parental Consent;
6. Child Complaint Process;
7. Administrative Hearing Rights;
8. Resolution Process;
9. Educational Surrogates;
10. Transfer of Parental Rights at Age of
Majority; and
11. Disciplinary
Actions/Removals/Ex-pedited Hearings.
(F) Disproportionality:
1. Overidentification and
Disproportionality;
2. Suspension
and Expulsion Rates; and
3.
Significant Disproportionality.
(G) Other Requirements:
1. Access to Instructional
Materials;
2. Purchase of
Instructional Materials;
3. Records
Regarding Migratory Children with Disabilities;
4. Prohibition on Mandatory Medication;
and
5. Routine Checking of Hearing
Aids and External Components of Surgically Implanted Medical
Devices.
(H) Personnel
Standards:
1. Personnel
Qualifications.
(I)
Caseloads:
1. Class Size and
Caseloads.
(J) Fiscal
Requirements:
1. Subgrants to Public
Agencies;
2. Accounting and Payment
Procedures;
3. Excess
Costs;
4. Maintenance of
Effort;
5. Withholding of Payments;
and
6.
Personnel.
(K) Early
Childhood Special Education (ECSE) Expenditures:
1. Early Childhood Special Education (ECSE)
Expenditure Requirements.
(L) Stakeholders:
1. Public Participation;
2. Public Attention; and
3. State Advisory Panel.
(M) Private Schools:
1. Children Enrolled by Their Parents in
Private Schools When FAPE is at Issue;
2. Children with Disabilities Enrolled by
Their Parents in Private Schools-Child Find; and
3. Public Agency Requirements to Provide
Services for Parentally-Placed Private School Children with
Disabilities.
(N)
Approved Private Agencies:
1. Students Placed
in Approved Private Agencies by Public Agencies; and
2. Application, Evaluation, and Approval of
Private Educational Agencies.
(O) Special School Districts:
1. Basis for Compliance;
2. Structure of Compliance; and
3. Compliance
Requirements.
(P) State
Operated Programs:
1. SEA Provision of Direct
Services;
2. Missouri Schools for
the Severely Disabled; and
3.
Missouri School for the Blind and Missouri School for the
Deaf
*Original authority: 161.092, RSMo 1963, amended 1973,
2002, 2003, 2013 and 162.685, RSMo
1973.
