Special educational services, required, when--diagnostic reports, howobtained--evaluations of private school students withdisabilities--special services, ages three and four--remedialreading program, how funded.
162.700. 1. The board of education of each school district in thisstate, except school districts which are part of a special school district,and the board of education of each special school district shall providespecial educational services for children with disabilities three years ofage or more residing in the district as required by P.L. 99-457, ascodified and as may be amended. Any child, determined to be a child withdisabilities, shall be eligible for such services upon reaching his or herthird birthday and state school funds shall be apportioned accordingly.This subsection shall apply to each full school year beginning on or afterJuly 1, 1991. In the event that federal funding fails to be appropriatedat the authorized level as described in 20 U.S.C. 1419(b)(2), theimplementation of this subsection relating to services for children withdisabilities three and four years of age may be delayed until such time asfunds are appropriated to meet such level. Each local school district andeach special school district shall be responsible to engage in a planningprocess to design the service delivery system necessary to provide specialeducation and related services for children three and four years of agewith disabilities. The planning process shall include public, private, andprivate not-for-profit agencies which have provided such services for thispopulation. The school district, or school districts, or special schooldistrict, shall be responsible for designing an efficient service deliverysystem which uses the present resources of the local community which may befunded by the department of elementary and secondary education or thedepartment of mental health. School districts may coordinate with public,private, and private not-for-profit agencies presently in existence. Theservice delivery system shall be consistent with the requirements of thedepartment of elementary and secondary education to provide appropriatespecial education services in the least restrictive environment.
2. Every local school district or, if a special district is inoperation, every special school district shall obtain current appropriatediagnostic reports for each with disabilities child prior to assignment ina special program. These records may be obtained with parental permissionfrom previous medical or psychological evaluation, may be provided bycompetent personnel of such district or special district, or may be securedby such district from competent and qualified medical, psychological, orother professional personnel.
3. Evaluations of private school students suspected of having adisability under the Individuals With Disabilities Education Act will beconducted as appropriate by the school district in which the private schoolis located or its contractor.
4. Where special districts have been formed to serve children withdisabilities under the provisions of sections 162.670 to 162.995*, suchchildren shall be educated in programs of the special district, except thatcomponent districts may provide education programs for children withdisabilities ages three and four inclusive in accordance with regulationsand standards adopted by the state board of education.
5. For the purposes of this act, remedial reading programs are not aspecial education service as defined by subdivision (4) of section 162.675.
6. Any and all state costs required to fund special educationservices for three- and four-year-old children under this section shall beprovided for by a specific, separate appropriation and shall not be fundedby a reallocation of money appropriated for the public school foundationprogram.
7. School districts providing early childhood special education shallgive consideration to the value of continuing services with Part C earlyintervention system providers for the remainder of the school year whendeveloping an individualized education program for a student who hasreceived services under Part C of the Individuals with DisabilitiesEducation Act and reaches the age of three years during a regular schoolyear. Services provided shall be only those permissible according toSection 619 of the Individuals with Disabilities Education Act.
8. 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 under chapter 536, RSMo,to review, to delay the effective date or to disapprove and annul a ruleare subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2002, shall beinvalid and void.
(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).
Special educational services, required, when--diagnostic reports, howobtained--evaluations of private school students withdisabilities--special services, ages three and four--remedialreading program, how funded.
162.700. 1. The board of education of each school district in thisstate, except school districts which are part of a special school district,and the board of education of each special school district shall providespecial educational services for children with disabilities three years ofage or more residing in the district as required by P.L. 99-457, ascodified and as may be amended. Any child, determined to be a child withdisabilities, shall be eligible for such services upon reaching his or herthird birthday and state school funds shall be apportioned accordingly.This subsection shall apply to each full school year beginning on or afterJuly 1, 1991. In the event that federal funding fails to be appropriatedat the authorized level as described in 20 U.S.C. 1419(b)(2), theimplementation of this subsection relating to services for children withdisabilities three and four years of age may be delayed until such time asfunds are appropriated to meet such level. Each local school district andeach special school district shall be responsible to engage in a planningprocess to design the service delivery system necessary to provide specialeducation and related services for children three and four years of agewith disabilities. The planning process shall include public, private, andprivate not-for-profit agencies which have provided such services for thispopulation. The school district, or school districts, or special schooldistrict, shall be responsible for designing an efficient service deliverysystem which uses the present resources of the local community which may befunded by the department of elementary and secondary education or thedepartment of mental health. School districts may coordinate with public,private, and private not-for-profit agencies presently in existence. Theservice delivery system shall be consistent with the requirements of thedepartment of elementary and secondary education to provide appropriatespecial education services in the least restrictive environment.
2. Every local school district or, if a special district is inoperation, every special school district shall obtain current appropriatediagnostic reports for each with disabilities child prior to assignment ina special program. These records may be obtained with parental permissionfrom previous medical or psychological evaluation, may be provided bycompetent personnel of such district or special district, or may be securedby such district from competent and qualified medical, psychological, orother professional personnel.
3. Evaluations of private school students suspected of having adisability under the Individuals With Disabilities Education Act will beconducted as appropriate by the school district in which the private schoolis located or its contractor.
4. Where special districts have been formed to serve children withdisabilities under the provisions of sections 162.670 to 162.995*, suchchildren shall be educated in programs of the special district, except thatcomponent districts may provide education programs for children withdisabilities ages three and four inclusive in accordance with regulationsand standards adopted by the state board of education.
5. For the purposes of this act, remedial reading programs are not aspecial education service as defined by subdivision (4) of section 162.675.
6. Any and all state costs required to fund special educationservices for three- and four-year-old children under this section shall beprovided for by a specific, separate appropriation and shall not be fundedby a reallocation of money appropriated for the public school foundationprogram.
7. School districts providing early childhood special education shallgive consideration to the value of continuing services with Part C earlyintervention system providers for the remainder of the school year whendeveloping an individualized education program for a student who hasreceived services under Part C of the Individuals with DisabilitiesEducation Act and reaches the age of three years during a regular schoolyear. Services provided shall be only those permissible according toSection 619 of the Individuals with Disabilities Education Act.
8. 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 under chapter 536, RSMo,to review, to delay the effective date or to disapprove and annul a ruleare subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2002, shall beinvalid and void.
(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).
Special educational services, required, when--diagnostic reports, howobtained--evaluations of private school students withdisabilities--special services, ages three and four--remedialreading program, how funded.
162.700. 1. The board of education of each school district in thisstate, except school districts which are part of a special school district,and the board of education of each special school district shall providespecial educational services for children with disabilities three years ofage or more residing in the district as required by P.L. 99-457, ascodified and as may be amended. Any child, determined to be a child withdisabilities, shall be eligible for such services upon reaching his or herthird birthday and state school funds shall be apportioned accordingly.This subsection shall apply to each full school year beginning on or afterJuly 1, 1991. In the event that federal funding fails to be appropriatedat the authorized level as described in 20 U.S.C. 1419(b)(2), theimplementation of this subsection relating to services for children withdisabilities three and four years of age may be delayed until such time asfunds are appropriated to meet such level. Each local school district andeach special school district shall be responsible to engage in a planningprocess to design the service delivery system necessary to provide specialeducation and related services for children three and four years of agewith disabilities. The planning process shall include public, private, andprivate not-for-profit agencies which have provided such services for thispopulation. The school district, or school districts, or special schooldistrict, shall be responsible for designing an efficient service deliverysystem which uses the present resources of the local community which may befunded by the department of elementary and secondary education or thedepartment of mental health. School districts may coordinate with public,private, and private not-for-profit agencies presently in existence. Theservice delivery system shall be consistent with the requirements of thedepartment of elementary and secondary education to provide appropriatespecial education services in the least restrictive environment.
2. Every local school district or, if a special district is inoperation, every special school district shall obtain current appropriatediagnostic reports for each with disabilities child prior to assignment ina special program. These records may be obtained with parental permissionfrom previous medical or psychological evaluation, may be provided bycompetent personnel of such district or special district, or may be securedby such district from competent and qualified medical, psychological, orother professional personnel.
3. Evaluations of private school students suspected of having adisability under the Individuals With Disabilities Education Act will beconducted as appropriate by the school district in which the private schoolis located or its contractor.
4. Where special districts have been formed to serve children withdisabilities under the provisions of sections 162.670 to 162.995*, suchchildren shall be educated in programs of the special district, except thatcomponent districts may provide education programs for children withdisabilities ages three and four inclusive in accordance with regulationsand standards adopted by the state board of education.
5. For the purposes of this act, remedial reading programs are not aspecial education service as defined by subdivision (4) of section 162.675.
6. Any and all state costs required to fund special educationservices for three- and four-year-old children under this section shall beprovided for by a specific, separate appropriation and shall not be fundedby a reallocation of money appropriated for the public school foundationprogram.
7. School districts providing early childhood special education shallgive consideration to the value of continuing services with Part C earlyintervention system providers for the remainder of the school year whendeveloping an individualized education program for a student who hasreceived services under Part C of the Individuals with DisabilitiesEducation Act and reaches the age of three years during a regular schoolyear. Services provided shall be only those permissible according toSection 619 of the Individuals with Disabilities Education Act.
8. 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 under chapter 536, RSMo,to review, to delay the effective date or to disapprove and annul a ruleare subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2002, shall beinvalid and void.
(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).
