PURPOSE: The Department of Elementary and Secondary Education is eligible to apply for and receive federal funds under the Individuals with Disabilities Education Act (IDEA), Part B for the provision of special education and related services to eligible children and youth. This rule incorporates by reference changes to the annual program plan required by new federal statutes for the provision of the services to eligible children.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. Therefore, the material which is so incorporated is on file with the agency who filed this rule, and with the Office of the Secretary of State. Any interested person may view this SECONDARY EDUCATION

material at either agency’s headquarters or the same will be made available at the Office of the Secretary of State at a cost not to exceed actual cost of copy reproduction. The entire text of the rule is printed here. This note refers only to the incorporated by reference material.

1. (1) The Missouri state plan for the Individuals with Disabilities Education Act (IDEA), Part B contains the administrative provision for the delivery of special education and related services to eligible children and youth.

2. (2) The content of this state plan for the Individuals with Disabilities Education Act (IDEA), Part B, which is hereby incorporated by reference and made a part of this rule, meets the federal statute and Missouri’s compliance in the following areas:

   1. (A) General Provisions:

      1. 1. Applicability;
      2. 2. Amendments; and
      3. 3. Definitions;

   2. (B) Confidentiality:

      1. 1. Confidentiality of Personally Identi-

fiable Information;

1. (C) Identification and Evaluation:

   1. 1. Child Find;
   2. 2. Definitions and Criteria for Deter-

mination of Eligibility; and

1. 3. Procedures for Evaluation and Deter-

mination of Eligibility;

1. (D) Free Appropriate Public Education (FAPE)/Individualized Education Program (IEP)/Least Restrictive Environment (LRE):

   1. 1. Free Appropriate Public Education;
   2. 2. Individualized Education Programs;
   3. 3. Least Restrictive Environment

(LRE); and

1. 4. Transition of Children from Part C

Services to Part B Services;

1. (E) Procedural Safeguards/Discipline:

   1. 1. Opportunity to Examine Education

Records/Parent Participation in Meetings;

1. 2. Independent Educational Evaluation;
2. 3. Written Notice;
3. 4. Procedural Safeguards Statement;
4. 5. Written Consent;
5. 6. Administrative Hearing Rights;
6. 7. Surrogate Parents (Educational Sur-

rogates);

1. 8. Transfer of Parental Rights at Age of

Majority; and

1. 9. Disciplinary Actions/Removals/Ex-

pedited Hearings;

1. (F) Department of Elementary and Secondary Education (DESE) Responsibilities:

   1. 1. Application, Evaluation and Approval

of Private Educational Agencies;

1. 2. Child Complaint Process;
2. 3. Comprehensive System of Personnel

Development;

1. 4. Full Educational Opportunities Goal;
2. 5. Methods of Ensuring Services;
3. 6. Participation in Assessments;
4. 7. Performance Goals and Indicators;
5. 8. Personnel Standards;
6. 9. Public Participation;
7. 10. State Advisory Panel;
8. 11. State Education Agency (SEA)

Responsibility for General Supervision; and

1. 12. Suspension and Expulsion Rates;

2. (G) Local Education Agency (LEA) Eligibility:

   1. 1. Hearings Related to LEA Eligibility;

and

1. 2. SEA Implementation of Safeguards;

2. (H) Private Schools:

   1. 1. Private Schools;

3. (I) Funding:

   1. 1. Annual Description of Funds;
   2. 2. Class Size and Caseloads;
   3. 3. Operational Policies and Guidelines;
   4. 4. Maintenance of State Fiscal Support;
   5. 5. Policies and Procedures for the Use

of Part B Funds;

1. 6. Prohibition Against Comingling;
2. 7. Recovery of Funds for Misclassified

Children; and

1. 8. State Level Nonsupplanting;

2. (J) Special School Districts:

   1. 1. Compliance Requirements for Special

School Districts and Their Component Districts; and

1. (K) State Operated Programs:

   1. 1. SEA Provision of Direct Services;

and

1. 2. State Operated Programs.

AUTHORITY: sections 162.685 and 178.430, RSMo 2000.* Original rule filed April 11, 1975, effective April 21, 1975. Amended: Filed March 1, 1977, effective April 15, 1977. Amended: Filed Feb. 7, 1978, effective March 13, 1978. Amended: Filed Dec. 11, 1978, effective Jan. 15, 1979. Amended: Filed Aug. 29, 1979, effective Oct. 15, 1979. Amended: Filed Sept. 24, 1980, effective Nov. 15, 1980. Amended: Filed Oct. 12, 1983, effective Nov. 15, 1983. Amended: Filed Feb. 25, 1987, effective March 26, 1987. Amended: Filed Jan. 30, 1989, effective Feb. 24, 1989. Amended: Filed July 3, 1989, effective Oct. 27, 1989. Amended: Filed Oct. 23, 1991, effective Jan. 13, 1992. Amended: Filed Nov. 25, 1992, effective Feb. 26, 1993. Amended: Filed Sept. 23, 1994, effective Dec. 30, 1994. Amended: Filed March 29, 1996, effective Oct. 30, 1996. Amended: Filed Oct. 23, 1996, effective Jan. 30, 1997. Amended: Filed July 3, 2001, effective Sept. 30, 2001.

*Original authority: 162.685, RSMo 1973 and 178.430, RSMo 1963.