Missouri Department of Elementary and Secondary Education

This page contains the text of a regulation adopted by the Missouri State Board of Education.  An official copy of the full text of this regulation is contained in the Code of State Regulations, published by the Office of Secretary of State.

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Title 5 – DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION
Division 70 – Special Education
Chapter 742 – Special Education

5 CSR 70-742.140 Individuals With Disabilities Education Act, Part B

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 annual program plan required by new federal statutes for the provision of the services to eligible children.  

PUBLISHER'S NOTE:  The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive.  This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction.  This note applies only to the reference material.  The entire text of the rule is printed here.

(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, 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 (revised 2007) is published by and can be obtained from the Department of Elementary and Secondary Education, Special Education Compliance Section, 205 Jefferson Street, PO Box 480, Jefferson City, MO 65102-0480.  This rule does not incorporate any subsequent amendments or additions.

(A) General Provisions:

1.  Applicability;

2.  Amendments; and

3.  Definitions.

(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;

2.  Individualized Education Programs;

3.  Least Restrictive Environment (LRE); and

4.  Transition of Children from Part C Services to Part B Services.

(E) Procedural Safeguards/Discipline:

1.  Opportunity to Examine Education Records/Parent Participation in Meetings;

2.  Independent Educational Evaluation;

3.  Written Notice;

4.  Procedural Safeguards Notice;

5.  Parent Consent;

6.  Administrative Hearing Rights;

7.  Surrogate Parents (Educational Surrogates);

8.  Transfer of Parental Rights at Age of Majority; and

9.  Disciplinary Actions/Removals/Expedited Hearings.

(F) Department of Elementary and Secondary Education (Dese) Responsibilities:

1.  General Supervision Responsibilities;

2.  Application, Evaluation and Approval of Private Educational Agencies;

3.  Child Complaint Process;

4.  Full Educational Opportunities Goal;

5.  Methods of Ensuring Services;

6.  Performance Goals and Indicators;

7.  Public Participation;

8. State Advisory Panel;

9. Suspension and Expulsion Rates;

10. Access to Instructional Materials;

11. Overidentification and Disproportionality;

12. Prohibition on Mandatory Medication;

13. State Administration; and

14. Personnel Qualifications.

(G) Local Education Agency (LEA) Eligibility:

1.  Condition of Assistance;

2.  Consistency with State Policies;

3.  Subgrants to LEAs;

4.  Use of Amounts;

5.  Excess Cost Requirement;

6.  Maintenance of Effort;

7.  School-Wide Programs Under Title I of the Elementary and Secondary Education Act;

8.  Personnel Development;

9.  Permissive Use of Funds;

10. Early Intervening Services;

11. Purchase of Instructional Materials;

12. Information for State Education Agency;

13. Records Regarding Migratory Children with Disabilities;

14. Accounting and Payment Procedures;

15. Hearings Related to Local Education Agency Eligibility; and

16. Class Size and Caseloads.

(H) Private Schools:

1.    Children Placed in Approved Private Agencies by Public Agencies;

2.  Children Enrolled by Their Parents in Private Schools When Free Appropriate Public Agency is at Issue;

3.  Children with Disabilities Enrolled by Their Parents in Private Schools--Child Find; and

4.  LEA Requirements to Provide Services for Parentally-Placed Private School Children with Disabilities.

(I)  Special School Districts:

1.  Basis for Compliance;

2.  Structure of Compliance;

3.  Compliance Requirements; and

4.  Assurance of Compliance.

(J)    State Operated Programs:

1.  State Education Agency (SEA) Provision of Direct Services;

2.  State Schools for Severely Handicapped; and

3.  Missouri School for the Blind and Missouri School for the Deaf.

AUTHORITY:  sections 161.092, RSMo Supp. 2006 and 162.685, RSMo 2000.*  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.

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