Effective - 28 Aug 2007, 3 histories
162.700. Special educational services, required, when — diagnostic reports, how obtained — evaluations of private school students with disabilities — special services, ages three and four — remedial reading program, how funded. — 1. The board of education of each school district in this state, except school districts which are part of a special school district, and the board of education of each special school district shall provide special educational services for children with disabilities three years of age or more residing in the district as required by P.L. 99-457, as codified and as may be amended. Any child, determined to be a child with disabilities, shall be eligible for such services upon reaching his or her third birthday and state school funds shall be apportioned accordingly. This subsection shall apply to each full school year beginning on or after July 1, 1991. In the event that federal funding fails to be appropriated at the authorized level as described in 20 U.S.C. 1419(b)(2), the implementation of this subsection relating to services for children with disabilities three and four years of age may be delayed until such time as funds are appropriated to meet such level. Each local school district and each special school district shall be responsible to engage in a planning process to design the service delivery system necessary to provide special education and related services for children three and four years of age with disabilities. The planning process shall include public, private, and private not-for-profit agencies which have provided such services for this population. The school district, or school districts, or special school district, shall be responsible for designing an efficient service delivery system which uses the present resources of the local community which may be funded by the department of elementary and secondary education or the department of mental health. School districts may coordinate with public, private, and private not-for-profit agencies presently in existence. The service delivery system shall be consistent with the requirements of the department of elementary and secondary education to provide appropriate special education services in the least restrictive environment.
2. Every local school district or, if a special district is in operation, every special school district shall obtain current appropriate diagnostic reports for each with disabilities child prior to assignment in a special program. These records may be obtained with parental permission from previous medical or psychological evaluation, may be provided by competent personnel of such district or special district, or may be secured by such district from competent and qualified medical, psychological, or other professional personnel.
3. Evaluations of private school students suspected of having a disability under the Individuals With Disabilities Education Act will be conducted as appropriate by the school district in which the private school is located or its contractor.
4. Where special districts have been formed to serve children with disabilities under the provisions of sections 162.670 to 162.995*, such children shall be educated in programs of the special district, except that component districts may provide education programs for children with disabilities ages three and four inclusive in accordance with regulations and standards adopted by the state board of education.
5. For the purposes of this act, remedial reading programs are not a special education service as defined by subdivision (4) of section 162.675.
6. Any and all state costs required to fund special education services for three- and four-year-old children under this section shall be provided for by a specific, separate appropriation and shall not be funded by a reallocation of money appropriated for the public school foundation program.
7. School districts providing early childhood special education shall give consideration to the value of continuing services with Part C early intervention system providers for the remainder of the school year when developing an individualized education program for a student who has received services under Part C of the Individuals with Disabilities Education Act and reaches the age of three years during a regular school year. Services provided shall be only those permissible according to Section 619 of the Individuals with Disabilities Education Act.
8. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly under chapter 536 to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2002, shall be invalid and void.
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(L. 1973 H.B. 474 § 7, A.L. 1977 H.B. 130, A.L. 1990 S.B. 740, A.L. 1991 S.B. 438, A.L. 2002 S.B. 874, A.L. 2005 S.B. 500, A.L. 2006 S.B. 834, A.L. 2007 S.B. 112)
*Section 162.995 was repealed by H.B. 258, 2005.
(1992) State's failure to fully fund mandatory handicapped program violates Hancock Amendment prohibiting state from requiring any new or expanded activities by counties and other political subdivisions without full state financing. Rolla 31 School Dist. v. State, 837 S.W.2d 1 (Mo. en banc).
Structure Missouri Revised Statutes
Title XI - Education and Libraries
Chapter 162 - School Districts
Section 162.014 - Registered sex offenders prohibited from being school board candidates.
Section 162.031 - Division or addition to district — apportionment of property and obligations.
Section 162.051 - Special board meetings, how called — notice.
Section 162.058 - Community engagement policy, requirements.
Section 162.063 - School districts may provide hospital and medical coverage for students, when.
Section 162.064 - Bus drivers, medical endorsement required, when.
Section 162.065 - Bus driver training required.
Section 162.073 - Definitions.
Section 162.085 - Lapse of district upon withdrawal of provisional accreditation.
Section 162.152 - Section of district reorganization created — duties.
Section 162.171 - Reorganization plans may be proposed.
Section 162.181 - Reorganization, procedure.
Section 162.191 - Election in proposed district.
Section 162.201 - Certification of election results.
Section 162.202 - Consolidation of two or more school districts, tax rate ceiling how calculated.
Section 162.204 - Permanent records, digital or electronic format permitted.
Section 162.208 - Internet websites, required postings.
Section 162.211 - Seven-director district, who may establish.
Section 162.212 - Six-director school district to be known as seven-director school district.
Section 162.215 - School officers may be commissioned to enforce certain criminal laws.
Section 162.221 - Seven-director district, procedure to organize.
Section 162.231 - Failure to approve proposed district — effect.
Section 162.241 - Election of directors in newly formed district — costs of election, how paid.
Section 162.281 - Candidate to declare for term of specific number of years, when.
Section 162.291 - Directors — election — qualifications.
Section 162.301 - Organization of board — quorum — officers.
Section 162.311 - Name of district adopted, when — seal required.
Section 162.321 - Change of district name — effect.
Section 162.341 - Annual election, when held.
Section 162.351 - Election commissioners to conduct elections in certain districts.
Section 162.371 - Secretary to issue certificates.
Section 162.381 - Conduct of special elections.
Section 162.401 - Treasurer's bond.
Section 162.411 - Board may employ attorney.
Section 162.441 - Annexation — procedure, alternative — form of ballot.
Section 162.451 - Dissolution of district.
Section 162.461 - Corporate powers of urban districts.
Section 162.471 - Board of directors — qualifications, terms, vacancies.
Section 162.501 - Secretary to issue certificates of election.
Section 162.511 - Duties, restrictions and liabilities of the board — quorum — seal.
Section 162.521 - Selection of officers of the board — terms — removal.
Section 162.531 - Duties of the secretary — bond.
Section 162.541 - Bond of treasurer.
Section 162.551 - Compensation of treasurer and secretary.
Section 162.571 - Corporate powers of metropolitan district — board of education, powers.
Section 162.591 - Organization of board — board to appoint acting superintendent, when.
Section 162.603 - Nominations — procedure.
Section 162.611 - Failure to attend board meetings, effect — vacancies, how filled.
Section 162.621 - Powers and duties of board of education — special administrative board.
Section 162.631 - Jurisdiction of circuit court over board — how exercised.
Section 162.641 - Treasurer, duties — bond.
Section 162.651 - Testimony taken in board's investigations to be under oath.
Section 162.661 - Annual report of the board.
Section 162.666 - St. Louis students' bill of rights.
Section 162.670 - Statement of policy.
Section 162.675 - Definitions.
Section 162.680 - Disabled children to be educated with others whenever possible.
Section 162.685 - Hearings by state board on adoption of standards and regulations.
Section 162.686 - Audio recording of meetings not to be prohibited — violation, penalty.
Section 162.690 - Advisory committees authorized — how appointed.
Section 162.710 - Transportation, how provided.
Section 162.722 - Acceleration of students, subject or whole grade, when.
Section 162.740 - District of residence to pay toward cost, when — amount, how calculated.
Section 162.756 - Transportation by common carriers for students of schools for the blind and deaf.
Section 162.760 - Additional personnel of state board, appointment of.
Section 162.770 - Reports by superintendents of state schools for deaf and blind required, when.
Section 162.785 - State board authorized to acquire property and to receive and administer grants.
Section 162.795 - Boards of advisors, terms, appointment, duties, meetings.
Section 162.800 - Board of advisors — compensation and expenses of members.
Section 162.805 - State and area advisory committees, how appointed — tenure.
Section 162.810 - Employees not to have interest in sales to schools, penalty.
Section 162.820 - Preexisting special districts covered by sections 162.670 to 162.995.
Section 162.821 - District secretary, duties of — report, contents of.
Section 162.825 - Special district, procedure to establish.
Section 162.830 - Special district may include one or more school districts.
Section 162.840 - Form of ballot.
Section 162.841 - Records to be kept — changes to be reported.
Section 162.845 - Organization election results, how determined — election of directors, when.
Section 162.855 - Board of education of a special school district, duties and powers.
Section 162.859 - Board members to file financial interest statements.
Section 162.860 - Candidates for board, qualifications — filing for office, where.
Section 162.865 - Election at large — terms of office.
Section 162.870 - Results, how certified.
Section 162.875 - District a body corporate and a political subdivision — powers granted.
Section 162.880 - Establishment of schools, when.
Section 162.885 - Determination of eligibility of child, how made.
Section 162.895 - Vocational training to be provided.
Section 162.900 - Transportation of students required — state transportation aid authorized.
Section 162.905 - Cooperative activities authorized.
Section 162.910 - Election of board members — term — declarations of.
Section 162.915 - Acquisition of property — condemnation powers — sites, how selected.
Section 162.920 - Tax rate — how increased.
Section 162.930 - Approval for state aid, how obtained.
Section 162.935 - State aid, how computed.
Section 162.940 - Tuition fees, how set — who shall pay.
Section 162.945 - Notice to parent or guardian of diagnosis — contents of notice.
Section 162.958 - Law in effect at time of request to be utilized.
Section 162.962 - Decision subject to review, when, procedure.
Section 162.963 - Rights of parties — record of proceedings, how kept — costs, how paid.
Section 162.974 - Reimbursement for education costs of high-need children.
Section 162.997 - Surrogates appointed, when — state board of education, duties — definitions.
Section 162.998 - Board of education to be notified of need of surrogate, when, appointment, when.
Section 162.1040 - Citation of law — not applicable to certain districts.
Section 162.1042 - Definitions.
Section 162.1045 - State board of education to develop guidelines for enrollment option plan.
Section 162.1049 - Nonresident district and resident district to accept each other's credits.
Section 162.1052 - Rejection of admission of a nonresident by nonresident district, when.
Section 162.1059 - Federal court ordering desegregation court order to govern enrollment option.
Section 162.1061 - Transfer corporations (metropolitan schools), computation of state aid.
Section 162.1130 - Definitions.
Section 162.1139 - Joint referral service developed, rehabilitation services.
Section 162.1142 - Blindness skills specialist fund created.
Section 162.1195 - Fine arts, professional development education assistance.
Section 162.1255 - Funding for competency-based courses — amount.