Local Plan For Compliance With State Regulations

Local Plan for ComplianceWith State RegulationsImplementing Part B of theIndividuals with Disabilities Education ActJuly 30, 2020

LOCAL PLAN FOR COMPLIANCE WITH STATE REGULATIONSIMPLEMENTING PART B OF THEINDIVIDUALS WITH DISABILITIES EDUCATION ACTTABLE OF CONTENTSI. GENERAL PROVISIONSDefinitions.1II. CONFIDENTIALITYConfidentiality of Personally Identifiable Information.11III. IDENTIFICATION AND EVALUATION1. Child Find .162. Definitions and Criteria For Determination of Eligibility .17A. Autism .18B. Deaf/Blindness .19C. Emotional Disturbance.19D. Hearing Impaired and Deafness .20E. Intellectual Disability .21F. Multiple Disabilities.21G. Orthopedic Impairment .21H. Other Health Impairment .22I. Specific Learning Disability .22J. Speech or Language Impairment .23K. Traumatic Brain Injury .26L. Visual Impairment/Blind .27M. Young Child with a Developmental Delay .273. Procedures For Evaluation and Determination of Eligibility .28IV. FAPE/IEP/LRE1.2.3.4.Free Appropriate Public Education .36Individualized Education Programs .38Least Restrictive Environment (LRE) .47Transition of Children From Part C Services to Part B Services .50Local Plan for Compliance with State Regulations Implementing Part B of the Individuals with Disabilities Education Act 2004Section I General Provisions-i-

V. PROCEDURAL SAFEGUARDS/DISCIPLINE1.2.3.4.5.6.7.8.9.Opportunity to Examine Education Records/Parent Participation in Meetings.53Independent Educational Evaluation (IEE) .53Written Notice.55Procedural Safeguards Notice .56Parental Consent .56Administrative Hearing Rights .59Educational Surrogates .72Transfer of Parental Rights at the Age of Majority .75Disciplinary Actions/Removals/Expedited Hearings .75VI. PUBLIC AGENCY ELIGIBILITYA. General Requirements1. Subgrants to Public Agencies .822. Condition of Assistance .823. Consistency with State Policies .824. Information for SEA .825. Hearings Related to Public Agency Eligibility .836. Failure to Provide Free Appropriate Public Education (FAPE) .83B. Fiscal Requirements1. Use of Amounts .842. Permissive Use of Funds .843. Accounting and Payment Procedures .854. Excess Cost .865. Maintenance of Effort .866. Withholding of Payments .897. Early Childhood Special Education (ECSE) Expenditure Requirements .90C. Compliance Requirements1. Disproportionality .922. Purchase of Instructional Materials .933. Records Regarding Migratory Children with Disabilities .944. Personnel .945. Class Size and Caseloads .94VII. PRIVATE SCHOOLS AND AGENCIES1.2.3.4.Children Placed in Approved Private Agencies by Public Agencies .97Children Enrolled by their Parents in Private School when FAPE is at Issue .97Children With Disabilities Enrolled by their Parents in Private Schools-Child Find .99Public Agency Requirements to Provide Services for Parentally-Placed Private SchoolChildren with Disabilities .99Local Plan for Compliance with State Regulations Implementing Part B of the Individuals with Disabilities Education Act 2004Section I General Provisions- ii -

VIII. STATE OPERATED PROGRAMS1.2.3.4State Educational Agency (SEA) .106Missouri Schools for the Severely Disabled (MSSD) .106Transfer of Students Enrolled in MSSD .109Missouri School for the Blind (MSB) and Missouri School for the Deaf (MSD) .111Local Plan for Compliance with State Regulations Implementing Part B of the Individuals with Disabilities Education Act 2004Section I General Provisions- iii -

I.GENERAL PROVISIONS1. APPLICABILITYThese regulations are applicable to all public agencies within the State of Missouriresponsible for providing special education and related services for students withdisabilities. This includes state agencies, local educational agencies, charter schools,and state and local juvenile and adult correctional facilities. Any exceptions forspecific public agencies are noted in relevant sections.2. AMENDMENTSAny proposed changes in these regulations shall be in accordance with the provisionsof the Administrative Procedures Act.3. DEFINITIONSThe terms defined below are found throughout these regulations. All of the followingdefinitions are cited in the Individuals with Disabilities Education Act (IDEA) unlessotherwise noted.ActAct means the Individuals with Disabilities Education Act, as amended.Agree or AgreementThe terms “agree” or “agreement” refer to an understanding between the parent and thepublic agency about a particular question or issue, which may be in writing, dependingon the context.Assistive technology deviceAssistive technology device means any item, piece of equipment, or product system,whether acquired commercially off the shelf, modified, or customized, that is used toincrease, maintain, or improve the functional capabilities of a child with a disability.The term does not include a medical device that is surgically implanted or thereplacement of such device.Assistive technology serviceAssistive technology service means any service that directly assists a child with adisability in the selection, acquisition, or use of an assistive technology device.The term includes:A. the evaluation of the needs of a child with a disability, including a functionalevaluation of the child in the child's customary environment;B. purchasing, leasing, or otherwise providing for the acquisition of assistivetechnology devices by children with disabilities;Local Plan for Compliance with State Regulations Implementing Part B of the Individuals with Disabilities Education Act 2004Section I General Provisions-1-

C. selecting, designing, fitting, customizing, adapting, applying, maintaining,repairing, or replacing of assistive technology devices;D. coordinating and using other therapies, interventions, or services with assistivetechnology devices, such as those associated with existing education andrehabilitation plans and programs;E. training or technical assistance for a child with a disability, or if appropriate, thatchild's family; andF. training or technical assistance for professionals (including individuals providingeducation or rehabilitation service), employers, or other individuals who provideservices to employ, or are otherwise substantially involved in the major lifefunctions of children with disabilities.Charter schoolCharter school has the meaning given the term in section 5210(1) of the Elementaryand Secondary School Act of 1965.Child with a disabilityThe Individuals with Disabilities Education Act (IDEA) defines students withdisabilities as those children, ages three (3) to twenty-one (21), who have beenproperly evaluated as having Intellectual Disability, Hearing Impairments andDeafness, Speech or Language Impairments, Visual Impairments includingBlindness, Emotional Disturbance, Orthopedic Impairments, Autism, TraumaticBrain Injury, Other Health Impairments, a Specific Learning Disability, DeafBlindness, or Multiple Disabilities and, who because of that disability, require specialeducation and related services. As allowed under 34 CFR 300.87 implementingIDEA, the State of Missouri also defines a child with a disability to include ages three(3) through five (5) who have been properly identified as a young child with adevelopmental delay.ConsentConsent means that the parent:A. has been fully informed of all information relevant to the activity for whichconsent is sought in his or her native language or other mode of communication;B. understands and agrees, in writing, to the carrying out of the activity for which hisor her consent is sought, and the consent describes that activity and lists therecords (if any) that will be released and to whom; andC. the parent understands that the consent is voluntary on the part of the parent andmay be revoked at any time and, if the parent revokes consent, that revocation isnot retroactive (i.e., it does not negate an action that has occurred after the consentwas given and before the consent was revoked).Day; business day; school dayDay means calendar day unless otherwise indicated as business day or school day.Business day means Monday through Friday, except for Federal and State holidays.Local Plan for Compliance with State Regulations Implementing Part B of the Individuals with Disabilities Education Act 2004Section I General Provisions-2-

School day means any day, including a partial day that children are in attendance atschool for instructional purposes.Elementary schoolElementary school means a nonprofit institutional day or residential school, including apublic elementary charter school that provides elementary education (Kindergartenthrough eighth grade).English LearnerEnglish learner means an individual who is aged 3 through 21; who is enrolled orpreparing to enroll in an elementary or secondary school; who was not born in theUnited States or whose native language is a language other than English; who is aNative American or Alaska Native or a native resident of the outlying areas and whocomes from an environment where a language other than English has had a significantimpact on the individual’s level of English language proficiency or who is migratory,whose native language is a language other than English and who comes from anenvironment where a language other than English is dominant; and, whose difficultiesin speaking, reading, writing, or understanding the English language may be sufficientto deny the individual the ability to meet the challenging State academic standards; theability to successfully achieve in classrooms where the language of instruction isEnglish; or the opportunity to participate fully in society.EvaluationEvaluation means that procedures are used to determine whether a student is disabledand provide information for use by the IEP team to determine the nature and extent ofthe special education and related services that the student needs. The term meansprocedures used selectively with an individual student and does not include basic testsadministered to or procedures used with all students in a school, grade, or class unless,before administration of that test or evaluation, consent is required of parents of allchildren.Excess costsExcess costs means those costs that are in excess of the average annual per-studentexpenditure in a local education agency (LEA) during the preceding school year for anelementary school or secondary school student, as may be appropriate, and that must becomputed after deducting amounts received (1) under Part B of the Act; (2) under PartA of title I of the ESEA; and, (3) under Parts A and B of title III of the ESEA and, anyState or local funds expended for programs that would qualify for assistance under anyof the parts described above, but excluding any amounts for capital outlay or debtservice.Free appropriate public education (FAPE)A free appropriate public education (FAPE) is defined to include regular and specialeducation and related services which:Local Plan for Compliance with State Regulations Implementing Part B of the Individuals with Disabilities Education Act 2004Section I General Provisions-3-