PURPOSE: This rule establishes the procedures for informal review of a decision made by Vocational Rehabilitation, Office of Adult Learning and Rehabilitation Services, Department of Elementary and Secondary Education pursuant to the Rehabilitation Act of 1973 as amended, and 34 CFR Part 361.57(c).

PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

1. (1) The applicant or eligible individual may request an informal review in writing or verbally to the respective district office supervisor.
2. (2) The district supervisor or regional manager will conduct an informal review within twenty (20) days from receipt of the applicant’s or eligible individual’s request.
3. (3) An applicant or eligible individual may request a due process hearing or mediation without informal review.
4. (4) If the informal review is not successful, a formal due process hearing will be conducted within sixty (60) days from the applicant or eligible individual’s request for informal review unless both parties agree to a specified time extension.
5. (5) The applicant or eligible individual will be informed of the results of their informal review in writing and the right to a due process hearing or mediation.
6. (6) 34 CFR Part 361.57(c) is hereby incorporated by reference and made part of this rule as published by the U.S. Government Publishing Office, 732 N. Capitol Street NW, Washington, DC 20401-0001, in June 2024. Copies of this regulation can also be obtained from the Department of Elementary and Secondary Education, Office of Adult Learning and Rehabilitation Services, 205 Jefferson Street, PO Box 480, Jefferson City, MO 65102-0480 and at https://dese.mo.gov/governmental-affairs/ dese-administrative-rules/incorporated-reference-materials. This rule does not incorporate any subsequent amendments or additions.

AUTHORITY: sections 161.092, 178.600, 178.610, and 178.620, RSMo 2016.* This rule previously filed as 5 CSR 90-4.410. Original rule filed Dec. 17, 1999, effective Aug. 30, 2000. Amended: Filed March 27, 2003, effective Oct. 30, 2003. Moved to 5 CSR 20-500.180, effective Aug. 16, 2011. Amended: Filed Jan. 27, 2014, effective Aug. 30, 2014. Amended: Filed June 14, 2024, effective Jan. 30, 2025. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014; 178.600, RSMo 1963; 178.610, RSMo 1963; and 178.620, RSMo 1963.