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

1. (1) There are two (2) ways for a child to be eligible for the scholarship program in section 161.825, RSMo—

   1. (A) Currently enrolled in the First Steps Program (Individuals with Disabilities Education Act (IDEA) Part C) and—

      1. 1. They are birth to age five (B-5); and
      2. 2. They live in Missouri; and
      3. 3. They have an individualized family

services plan (IFSP) as a part of the First Steps Program; and

1. 4. The parent or guardian has complet-

ed the complaint procedure under the IDEA Part C and received an unfavorable response as defined herein;

1. (B) Not participating in the First Steps Program (IDEA Part C) and—

   1. 1. They are birth to age five (B–5); and
   2. 2. They live in Missouri; and
   3. 3. They have been evaluated for, and a

qualified health professional has determined they have, autism spectrum disorder, Down syndrome, Angelman syndrome, or cerebral palsy, and they have a developmental delay of less than fifty percent (50%) but greater than twenty-five percent (25%) as measured by 5 CSR 10-2

appropriate diagnostic measures and procedures conducted by a qualified health professional.

1. (2) A student is eligible for the scholarship program in section 161.825, RSMo if—

   1. (A) They have an Individualized Education Program (IEP) based on autism spectrum disorder, Down syndrome, Angelman syndrome, or cerebral palsy; or
   2. (B) They have a medical diagnosis by a qualified health professional of autism spectrum disorder, Down syndrome, Angelman syndrome, or cerebral palsy; and
   3. (C) They attended public school in Missouri the semester preceding the semester they desire to utilize the scholarship; or
   4. (D) They will be attending school in Missouri for the first time; and
   5. (E) They will be attending an elementary or secondary school; and
   6. (F) They are age five to twenty-one (5–21) and have never received a high school diploma.

2. (3) As used in this regulation, the following terms mean—

   1. (A) Qualified health professional—

      1. 1. An individual having a current license

in good standing as a physician issued by the Missouri Board of Healing Arts who has examined, assessed, or evaluated the child or student; or

1. 2. An individual having a current license

in good standing as a psychologist issued by the Missouri state committee of psychologists who has examined, assessed, or evaluated the child or student; or

1. 3. An individual having a current license

in good standing as a clinical social worker issued by the Missouri State Committee for Social Workers who has examined, assessed, or evaluated the child or student;

1. (B) Unfavorable response. A decision by an independent hearing officer following the filing of a due process complaint that found the child the subject of the complaint was not eligible for services from the First Steps Program or found that the First Steps Program was not required to provide the services requested in the due process complaint.

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.