PURPOSE: This rule sets forth the requirements for scholarships permitted in section 161.825, RSMo Supp. 2013.

1. (1) By May 1 of each year, the Commissioner of Education (commissioner) shall determine the maximum number of scholarships available to eligible students with autism spectrum disorder, Down syndrome, Angelman syndrome, and cerebral palsy who have Individualized Education Programs (IEPs).
2. (2) By May 1 of each year, the commissioner shall determine the maximum number of scholarships available to eligible children age birth to five (B-5) with autism spectrum disorder, Down syndrome, Angelman syndrome, and cerebral palsy.
3. (3) The commissioner shall publicly announce and post on the Department of Elementary and Secondary Education (department) website the number of scholarship opportunities available each year in each category.
4. (4) The commissioner shall keep a running tally of the number of scholarships granted in the order in which they were reported. When the annual limit for each category is reached, the commissioner shall notify all participating scholarship granting organizations that they shall not issue any more scholarships in that category. When the annual limit of both categories is reached, the commissioner shall notify all participating scholarship granting organizations that they shall not issue any more receipts for contributions.
5. (5) Scholarships awarded by a scholarship granting organization shall not exceed an average of fifty thousand dollars ($50,000) per eligible student.
6. (6) Scholarships awarded by a scholarship granting organization shall not exceed an average of twenty thousand dollars ($20,000) per eligible child.
7. (7) If a child or student who has received a scholarship transfers to a new qualified school or a different qualified service provider, the scholarship can be prorated between the schools or providers.
8. (8) Scholarships cannot be awarded to a student to attend a school with paid staff or board members who are related to the student within the first degree of consanguinity or affinity.
9. (9) Scholarships cannot be awarded to a child to receive services from a qualified service provider with paid staff or board members who are related to the child within the first degree of consanguinity or affinity.

10. (10) Definitions—as used in this regulation, the following terms shall mean:

    1. (A) Category means either eligible child or eligible student as defined in section 161.825, RSMo;
    2. (B) Eligible child as defined in section 161.825.2(6), RSMo; and
    3. (C) Eligible student as defined in section 161.825.2(7), RSMo.

AUTHORITY: sections 161.092 and 161.825.12, RSMo Supp. 2013.* Original rule filed Oct. 29, 2013, effective May 30, 2014. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013.