Mo. Code Regs. tit. 5 § 20-300.110

Current through Register Vol. 49, No.12, June 17, 2024

Section 5 CSR 20-300.110 - Individuals with Disabilities Education Act, Part B

PURPOSE: The purpose of the amendment is to update the incorporation by reference materials.

PURPOSE: The Department of Elementary and Secondary Education is eligible to apply for and receive federal funds under the Individuals with Disabilities Education Act (IDEA), Part B, for the provision of special education and related services to eligible children and youth. This rule incorporates by reference changes to the state plan required by federal statutes for the provision of the services to eligible children.

(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

5 CSR 20-300.110

AUTHORITY: section 161.092, RSMo Supp. 2013, and section 162.685, RSMo 2000.* This rule previously filed as 5 CSR 70-742.140. Original rule filed April 11, 1975, effective April 21, 1975. Amended: Filed March 1, 1977, effective April 15, 1977. Amended: Filed Feb. 7, 1978, effective March 13, 1978. Amended: Filed Dec. 11, 1978, effective Jan. 15, 1979. Amended: Filed Aug. 29, 1979, effective Oct. 15, 1979. Amended: Filed Sept. 24, 1980, effective Nov. 15, 1980. Amended: Filed Oct. 12, 1983, effective Nov. 15, 1983. Amended: Filed Feb. 25, 1987, effective March 26, 1987. Amended: Filed Jan. 30, 1989, effective Feb. 24, 1989. Amended: Filed July 3, 1989, effective Oct. 27, 1989. Amended: Filed Oct. 23, 1991, effective Jan. 13, 1992. Amended: Filed Nov. 25, 1992, effective Feb. 26, 1993. Amended: Filed Sept. 23, 1994, effective Dec. 30, 1994. Amended: Filed March 29, 1996, effective Oct. 30, 1996. Amended: Filed Oct. 23, 1996, effective Jan. 30, 1997. Amended: Filed July 3, 2001, effective Sept. 30, 2001. Amended: Filed Jan. 5, 2004, effective March 30, 2004. Amended: Filed Nov. 15, 2004, effective Jan. 30, 2005. Amended: Filed Aug. 5, 2005, effective Oct. 30, 2005. Amended: Filed May 25, 2007, effective Aug. 30, 2007. Amended: Filed May 12, 2010, effective July 30, 2010. Moved to 5 CSR 20-300.110, effective Aug. 16, 2011. Amended: Filed March 1, 2013, effective May 30, 2013. Amended: Filed Jan. 14, 2014, effective March 30, 2014.

Amended by Missouri Register June 1, 2015/Volume 40, Number 11, effective 7/30/2015

Amended by Missouri Register May 2, 2016/Volume 41, Number 09, effective 6/30/2016

Amended by Missouri Register June 15, 2017/Volume 42, Number 12, effective 7/31/2017

Amended by Missouri Register December 1, 2017/Volume 42, Number 23, effective 1/29/2018

Amended by Missouri Register June 17, 2019/Volume 44, Number 12, effective 7/31/2019

Amended by Missouri Register June 15, 2020/Volume 45, Number 12, effective 7/30/2020

Amended by Missouri Register May 17, 2021/Volume 46, Number 10, effective 6/30/2021

Amended by Missouri Register May 16, 2022/Volume 47, Number 10, effective 6/30/2022

Amended by Missouri Register June 15, 2023/Volume 48, Number 12, effective 7/31/2023

*Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013 and 162.685, RSMo 1973.