Publication to be produced, purpose, content--copy to be provided toparents--rulemaking authority.
161.850. 1. By January 1, 2010, the department of elementary andsecondary education shall develop and produce a publication entitled "TheParents' Bill of Rights" that shall be designed to inform parents ofchildren with an individualized education program of their educationalrights provided under federal and state law. The content of thepublication shall not confer any right or rights beyond those conferred byfederal or state law and shall state that it is for informational purposesonly. The department shall post a copy of this publication on its website. The publication shall contain the department's contact information.
2. The publication shall contain, but may not be limited to, thefollowing general information presented in a clear and concise manner andthe department shall ensure the content is consistent with legalinterpretations of existing federal and state law and provides equitabletreatment of all disability groups and interests:
(1) The right of parents to attend individualized education programmeetings and represent their child's interests;
(2) The right of parents to have an advocate or expert present at anindividualized education program meeting;
(3) The right of parents to receive a copy of the child's evaluationand to disagree with its results and request one independent educationalevaluation at public expense;
(4) The right of parents to provide a written report from outsidesources as part of the evaluation process;
(5) The right of parents to examine all school records pertaining tothe child and be provided with a copy of the individualized educationprogram;
(6) The right of parents to disagree with the decision of the schooldistrict and the individualized education program team and to pursuecomplaint procedures, including a child complaint filed with the departmentof elementary and secondary education, state-paid mediation, and other dueprocess rights;
(7) The right of parents with a child with an individualizededucation program to participate in reviews of such program, participate inany decision to change any aspects of the individualized education program,and meet with school officials whenever a change occurs in their child'seducation program or classroom placement;
(8) The right of a child to be placed in the least restrictiveenvironment and be placed in a general education classroom, to the greatestextent appropriate;
(9) The right of parents with limited English language proficiency torequest an accommodation to provide effective communications;
(10) The right of parents to have a free appropriate public educationfor their child with an individualized education program designed to meettheir child's unique needs, which may include, but not be limited to,special education and related services such as assistive technology devicesand services, transportation, speech pathology services, audiologyservices, interpreting services, psychological services, includingbehavioral interventions, physical therapy, occupational therapy,recreation, including therapeutic recreation, early identification andassessment of disabilities in children, counseling services, includingrehabilitation counseling, orientation and mobility services, school healthservices, school nurse services, social work services, parent counselingand training, and medical services for diagnostic or evaluation purposes.
3. Each school district shall provide the parent or parents of achild with a copy of this publication upon determining that a studentqualifies for an individualized education program, and at any such time asa school district is required under state or federal law to provide theparent or parents with notice of procedural safeguards.
4. The department of elementary and secondary education shall reviewand revise the content of the publication as necessary to ensure thecontent accurately summarizes current federal and state law and shallpromulgate rules and regulations necessary to implement the provisions ofthis section, including but not limited to the manner in which thepublication described in this section shall be distributed.
5. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in thissection shall become effective only if it complies with and is subject toall of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly pursuant to chapter 536,RSMo, to review, to delay the effective date, or to disapprove and annul arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2009, shall beinvalid and void.
Publication to be produced, purpose, content--copy to be provided toparents--rulemaking authority.
161.850. 1. By January 1, 2010, the department of elementary andsecondary education shall develop and produce a publication entitled "TheParents' Bill of Rights" that shall be designed to inform parents ofchildren with an individualized education program of their educationalrights provided under federal and state law. The content of thepublication shall not confer any right or rights beyond those conferred byfederal or state law and shall state that it is for informational purposesonly. The department shall post a copy of this publication on its website. The publication shall contain the department's contact information.
2. The publication shall contain, but may not be limited to, thefollowing general information presented in a clear and concise manner andthe department shall ensure the content is consistent with legalinterpretations of existing federal and state law and provides equitabletreatment of all disability groups and interests:
(1) The right of parents to attend individualized education programmeetings and represent their child's interests;
(2) The right of parents to have an advocate or expert present at anindividualized education program meeting;
(3) The right of parents to receive a copy of the child's evaluationand to disagree with its results and request one independent educationalevaluation at public expense;
(4) The right of parents to provide a written report from outsidesources as part of the evaluation process;
(5) The right of parents to examine all school records pertaining tothe child and be provided with a copy of the individualized educationprogram;
(6) The right of parents to disagree with the decision of the schooldistrict and the individualized education program team and to pursuecomplaint procedures, including a child complaint filed with the departmentof elementary and secondary education, state-paid mediation, and other dueprocess rights;
(7) The right of parents with a child with an individualizededucation program to participate in reviews of such program, participate inany decision to change any aspects of the individualized education program,and meet with school officials whenever a change occurs in their child'seducation program or classroom placement;
(8) The right of a child to be placed in the least restrictiveenvironment and be placed in a general education classroom, to the greatestextent appropriate;
(9) The right of parents with limited English language proficiency torequest an accommodation to provide effective communications;
(10) The right of parents to have a free appropriate public educationfor their child with an individualized education program designed to meettheir child's unique needs, which may include, but not be limited to,special education and related services such as assistive technology devicesand services, transportation, speech pathology services, audiologyservices, interpreting services, psychological services, includingbehavioral interventions, physical therapy, occupational therapy,recreation, including therapeutic recreation, early identification andassessment of disabilities in children, counseling services, includingrehabilitation counseling, orientation and mobility services, school healthservices, school nurse services, social work services, parent counselingand training, and medical services for diagnostic or evaluation purposes.
3. Each school district shall provide the parent or parents of achild with a copy of this publication upon determining that a studentqualifies for an individualized education program, and at any such time asa school district is required under state or federal law to provide theparent or parents with notice of procedural safeguards.
4. The department of elementary and secondary education shall reviewand revise the content of the publication as necessary to ensure thecontent accurately summarizes current federal and state law and shallpromulgate rules and regulations necessary to implement the provisions ofthis section, including but not limited to the manner in which thepublication described in this section shall be distributed.
5. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in thissection shall become effective only if it complies with and is subject toall of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly pursuant to chapter 536,RSMo, to review, to delay the effective date, or to disapprove and annul arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2009, shall beinvalid and void.
Publication to be produced, purpose, content--copy to be provided toparents--rulemaking authority.
161.850. 1. By January 1, 2010, the department of elementary andsecondary education shall develop and produce a publication entitled "TheParents' Bill of Rights" that shall be designed to inform parents ofchildren with an individualized education program of their educationalrights provided under federal and state law. The content of thepublication shall not confer any right or rights beyond those conferred byfederal or state law and shall state that it is for informational purposesonly. The department shall post a copy of this publication on its website. The publication shall contain the department's contact information.
2. The publication shall contain, but may not be limited to, thefollowing general information presented in a clear and concise manner andthe department shall ensure the content is consistent with legalinterpretations of existing federal and state law and provides equitabletreatment of all disability groups and interests:
(1) The right of parents to attend individualized education programmeetings and represent their child's interests;
(2) The right of parents to have an advocate or expert present at anindividualized education program meeting;
(3) The right of parents to receive a copy of the child's evaluationand to disagree with its results and request one independent educationalevaluation at public expense;
(4) The right of parents to provide a written report from outsidesources as part of the evaluation process;
(5) The right of parents to examine all school records pertaining tothe child and be provided with a copy of the individualized educationprogram;
(6) The right of parents to disagree with the decision of the schooldistrict and the individualized education program team and to pursuecomplaint procedures, including a child complaint filed with the departmentof elementary and secondary education, state-paid mediation, and other dueprocess rights;
(7) The right of parents with a child with an individualizededucation program to participate in reviews of such program, participate inany decision to change any aspects of the individualized education program,and meet with school officials whenever a change occurs in their child'seducation program or classroom placement;
(8) The right of a child to be placed in the least restrictiveenvironment and be placed in a general education classroom, to the greatestextent appropriate;
(9) The right of parents with limited English language proficiency torequest an accommodation to provide effective communications;
(10) The right of parents to have a free appropriate public educationfor their child with an individualized education program designed to meettheir child's unique needs, which may include, but not be limited to,special education and related services such as assistive technology devicesand services, transportation, speech pathology services, audiologyservices, interpreting services, psychological services, includingbehavioral interventions, physical therapy, occupational therapy,recreation, including therapeutic recreation, early identification andassessment of disabilities in children, counseling services, includingrehabilitation counseling, orientation and mobility services, school healthservices, school nurse services, social work services, parent counselingand training, and medical services for diagnostic or evaluation purposes.
3. Each school district shall provide the parent or parents of achild with a copy of this publication upon determining that a studentqualifies for an individualized education program, and at any such time asa school district is required under state or federal law to provide theparent or parents with notice of procedural safeguards.
4. The department of elementary and secondary education shall reviewand revise the content of the publication as necessary to ensure thecontent accurately summarizes current federal and state law and shallpromulgate rules and regulations necessary to implement the provisions ofthis section, including but not limited to the manner in which thepublication described in this section shall be distributed.
5. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in thissection shall become effective only if it complies with and is subject toall of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly pursuant to chapter 536,RSMo, to review, to delay the effective date, or to disapprove and annul arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2009, shall beinvalid and void.
