Individuals with Disabilities Education Act, Part B

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 state plan required by federal statutes for the provision of the services to eligible children. 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) 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) The content of this state plan for the Individuals with Disabilities Education Act (IDEA), Part B (revised December 2025), 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. A copy of the IDEA, Part B, is published by and can be obtained from the Department of Elementary and Secondary Education, Office of Special Education, 205 Jefferson Street, PO Box 480, Jefferson City, MO 65102-0480, and at its website at https://dese.mo.gov/ governmental-affairs/dese-administrative-rules/incorporatedreference-materials. This rule does not incorporate any subsequent amendments or additions. (A) General Provisions: 1. Applicability; 2. General Supervision Responsibilities; 3. Performance Goals and Indicators; 4. State Administration; 5. Full Educational Opportunities Goal; 6. Amendments; 7. Definitions; 8. Condition of Assistance; 9. Consistency with State Policies; 10. Information for State Education Agency (SEA); and 11. Hearings Related to Public Agency Eligibility. (B) Confidentiality: 1. Confidentiality of Personally Identifiable Information. (C) Identification and Evaluation: 1. Child Find; 2. Definitions and Criteria for Determination of Eligibility; 3. Procedures for Evaluation and Determination of Eligibility; and 4. Additional Procedures. (D) Free Appropriate Public Education (FAPE)/Individualized Education Program (IEP)/Least Restrictive Environment (LRE): 1. Free Appropriate Public Education (FAPE); 2. Methods of Ensuring Services; 3. Individualized Education Program (IEP); 4. Individualized Education Program (IEP) Participation and Implementation; 5. Least Restrictive Environment (LRE); 6. Transition of Children from Part C Services to Part B Ser vices; and 7. Failure to Provide Free Appropriate Public Education (FAPE). (E) Procedural Safeguards/Discipline: 1. Opportunity to Examine Education Records/Parent Participation in Meetings; 2. Independent Educational Evaluation (IEE); 3. Written Notice; 4. Procedural Safeguards Notice; 5. Parental Consent; 6. Child Complaint Process; 7. Mediation; 8. Due Process Complaint; 9. Resolution Process; 10. State-level Due Process Hearings; 11. Educational Surrogates; 12. Transfer of Parental Rights at Age of Majority; and 13. Disciplinary Actions/Removals/Expedited Hearings. (F) Disproportionality: 1. Overidentification and Disproportionality; 2. Suspension and Expulsion Rates; and 3. Significant Disproportionality. (G) Other Requirements: 1. Access to Instructional Materials; 2. Purchase of Instructional Materials; 3. Records Regarding Migratory Children with Disabilities; 4. Prohibition on Mandatory Medication; and 5. Routine Checking of Hearing Aids and External Components of Surgically Implanted Medical Devices. (H) Personnel Standards: 1. Personnel Qualifications. (I) Caseloads: 1. Class Size and Caseloads. (J) Fiscal Requirements: 1. Subgrants to Public Agencies; 2. Accounting and Payment Procedures; 3. Excess Costs; 4. Maintenance of Effort; 5. Withholding of Payments; and 6. Personnel. (K) Early Childhood Special Education (ECSE) Expenditures: 1. Early Childhood Special Education (ECSE) Expenditure Requirements. (L) Stakeholders: 1. Public Participation; 2. Public Attention; and 3. State Advisory Panel. (M) Private Schools: 1. Children Enrolled by Their Parents in Private Schools When FAPE is at Issue; 2. Children with Disabilities Enrolled by Their Parents in Private Schools–Child Find; and 3. Public Agency Requirements to Provide Services for Parentally Placed Private School Children with Disabilities. (N) Approved Private Agencies: 1. Students Placed in Approved Private Agencies by Public Agencies; and 2. Application, Evaluation, and Approval of Private Educational Agencies. AND SECONDARY EDUCATION (O) Special School Districts: 1. Basis for Compliance; 2. Structure of Compliance; and 3. Compliance Requirements. (P) State Operated Programs: 1. SEA Provision of Direct Services; 2. Missouri Schools for the Severely Disabled; and 3. Missouri School for the Blind and Missouri School for the Deaf. AUTHORITY: sections 161.092 and 162.685, RSMo 2016.* This rule previously filed as 5 CSR 70-742.140. 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. Amended: Filed Jan. 5, 2004, effective March 30, 2004. Amended: Filed Nov. 15, 2004, effective Jan. 30, 2005. Amended: Filed Aug. 5, 2005, effective Oct. 30, 2005. Amended: Filed May 25, 2007, effective Aug. 30, 2007. Amended: Filed May 12, 2010, effective July 30, 2010. Moved to 5 CSR 20-300.110, effective Aug. 16, 2011. Amended: Filed March 1, 2013, effective May 30, 2013. Amended: Filed Jan. 14, 2014, effective March 30, 2014. Amended: Filed April 27, 2015, effective July 30, 2015. Amended: Filed March 25, 2016, effective June 30, 2016. Amended: Filed May 10, 2017, effective July 30, 2017. Amended: Filed Nov. 1, 2017, effective Jan. 30, 2018. Amended: Filed May 10, 2019, effective July 30, 2019. Amended: Filed May 5, 2020, effective July 30, 2020. Amended: Filed April 12, 2021, effective June 30, 2021. Amended: Filed April 11, 2022, effective June 30, 2022. Amended: Filed Jan. 3, 2023, effective July 30, 2023. Emergency amendment filed Sept. 16, 2025, effective Sept. 30, 2025, expired March 28, 2026. Amended: Filed Sept. 16, 2025, effective March 30, 2026. Amended: Filed Dec. 12, 2025, effective July 30, 2026. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014, and 162.685, RSMo 1973.