Effective - 28 Aug 1993
162.705. Contracts with other districts for special educational services — costs, how paid — district must provide services, when. — 1. If a school district or special district fails or is unable to provide special educational services to each handicapped or severely handicapped child as required in sections 162.670 to 162.995, the district shall contract with a nearby district or districts or public agency or agencies for such special educational services. If the board of education of the district finds that no adequate program for handicapped or severely handicapped children is available in nearby districts or through public agencies, it may contract with any organization within the state which has programs meeting the standards established by the state board of education. If such district fails to contract for such services, the state board of education may contract for such services with a nearby district or districts or public agency or agencies. If the state board of education finds, after investigation by the state department of education, that no adequate program for handicapped or severely handicapped children is available in nearby districts or through public agencies, the state board of education may contract with any organization within the state which has programs meeting the standards established by the state board of education. Assignment of handicapped or severely handicapped children under this section shall be made to a particular school or program which, in the judgment of the state department of elementary and secondary education, can best provide special educational services to meet the needs of the child, and such assignment shall be made upon the basis of competent evaluation. The state board of education may seek the advice of established and ad hoc advisory committees in developing standards for approving programs and costs of programs operated by organizations. Nothing contained within this section shall be construed to affect the provisions of section 162.700 or 162.725.
2. Per pupil costs of contractual arrangements shall be the obligation of the district of residence, except districts which are part of a special school district, or special district of residence; provided, however, that if the contract is with another district or special district, the district providing the services under contractual arrangements shall include children served under such contractual arrangements in determining the total per pupil cost for which the district of residence is responsible. If the contract is with a public agency or an organization, the district of residence shall be entitled to receive state aid as provided in section 163.031 and in section 162.980. Where the state board of education contracts for special educational services pursuant to subsection 1 of this section, the state board of education shall submit to the responsible district a bill for the per pupil cost payable by that district under the terms of this subsection. Failure of a district to pay such cost within ninety days after a bill is submitted by the state board of education shall result in the deduction of the amount due by the state board of education from subsequent payments of state moneys due such district or special district.
3. If the state board of education determines, after inspection by the state department of elementary and secondary education and upon the recommendation of the commissioner of education, that handicapped or severely handicapped children residing within the district may better be provided special educational services by the district or special district of residence, the state board of education shall order the district to provide special educational services in accordance with sections 162.670 to 162.995.
4. If the state board of education determines, after public hearing before the commissioner of education held in the school district on due notice, that the district has failed to provide special educational services in accordance with an order issued under subsection 3 of this section, the state board of education shall withhold all or such portion of the state aid under sections 162.670 to 162.995 and under chapter 163 as in its judgment is necessary to require the district to carry out its responsibility under sections 162.670 to 162.995. The denial of state financial assistance hereunder may continue until the failure to provide special educational services is remedied.
5. No contract shall be made under sections 162.670 to 162.995 contrary to the provisions of Article I, Section 7 or Article IX, Section 8 of the Constitution of Missouri.
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(L. 1973 H.B. 474 § 8, A.L. 1977 H.B. 130, A.L. 1993 H.B. 330)
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.