Read the full stored bill text
SECOND REGULAR SESSION
HOUSE BILL NO. 2304
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE OEHLERKING.
5785H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 161, RSMo, by adding thereto one new section relating to special education
records.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 161, RSMo, is amended by adding thereto one new section, to be
2 known as section 161.854, to read as follows:
161.854. 1. As used in this section, the following terms mean:
2 (1) "Individualized education pr ogram" or "IEP", a written statement for a
3 child with a disability that is developed, r eviewed, and r evised in accordance with 34
4 CFR 300.320 to 300.324 and under 20 U.S.C. Section 1401, as amended;
5 (2) "Local educational agency" or "LEA", a public school or other political
6 subdivision of the state serving any student with an IEP;
7 (3) "Par ent", as defined in 34 CFR 300.30, or an emancipated child acting on the
8 child's own behalf;
9 (4) "Placement", the setting in which a student with a disability will receive such
10 student's special education and rela ted services;
11 (5) "Public school", the same definition as in section 160.01 1;
12 (6) "School day", the same definition as in section 160.041.
13 2. Each local educational agency shall implement par ental consent pr ocedur es as
14 described in 34 CFR 300.300 and this section.
15 3. (1) Each local educational agency shall obtain written or electr onic par ental
16 consent for the following placements, r emovals, additions, changes, or re ductions of
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
17 services in the individualized education pr ogram of a child with disabilities prior to such
18 placement, r emoval, addition, change, or r eduction:
19 (a) Initial IEP placement and services;
20 (b) A placement change;
21 (c) The rem oval of a service or services; and
22 (d) The reduc tion or addition of service minutes of a service by mor e than
23 twenty-five per cent.
24 (2) The LEA shall maintain written documentation of the date and signatur e of
25 par ental consent for annual placement or revision to the IEP .
26 4. (1) (a) If the par ents and local educational agency fail to reach an agreement
27 on the child's individualized education progr am within ten school days but r each an
28 agr eement on certain IEP services or interim placement:
29 a. The child's curr ent agr eed-upon IEP shall be amended to include such areas
30 of agreement until the areas of disagr eement ar e res olved; and
31 b. The local educational agency and the paren ts shall include an addendum in
32 the IEP that specifies the date by which the ar eas of disagre ement shall be res olved,
33 pr ovided that such date shall be within twenty school days of the initial meeting and
34 may be extended an additional twenty school days with consent fr om both parties if
35 sufficient pr ogress is made or additional agreements are reach ed.
36 (b) If the local educational agency or the par ents fail to reac h an agreemen t at
37 any time during the IEP proce ss, either party may requ est a dispute r esolution option
38 including, but not limited to:
39 a. A facilitated IEP meeting;
40 b. A child complaint investigation;
41 c. State-paid mediation;
42 d. A due pr ocess complaint and hearing; or
43 e. Other dispute reso lution options as outlined in the pr ocedural safeguards
44 notice under 34 CFR 300.504.
45 (2) A local educational agency shall not pro ceed with implementing a child's
46 individualized education pro gram without par ental consent unless the LEA documents
47 r easonable efforts of attempts to arrange a mutually agree d-upon time and place, in
48 accordance with 34 CFR 300.322(d), and the par ents have ref used to attend or the LEA
49 obtains appr oval thr ough a due pr ocess complaint and hearing in which the hearing
50 officer or commissioner finds that the IEP with the pr oposed change or changes
51 pr ovides for a fr ee appr opriate public education for the student in accordance with 34
52 CFR 300.507 to 300.513.
HB 2304 2
53 5. Par ents have the right to visit any prog ram or classro om pr oposed for their
54 child before consenting to IEP changes if the child is identified as eligible for special
55 education services. A visit occurring under this subsection shall be scheduled before or
56 after regul ar school hours or at a mutually agr eed-upon time to ensur e that instruction
57 is not interrupted.
58 6. (1) The department of elementary and secondary education shall cr eate or
59 establish a par ental consent model form that each local educational agency shall use for
60 any action rel ated to a child's individualized education pr ogram. Such form shall be
61 pr ovided to the par ents in the par ent's native language, as described in 34 CFR 300.503,
62 and shall include at least the following:
63 (a) A "Does consent" box, signatur e line, and date line;
64 (b) A "Does NOT consent" box, signature line, and date line as well as a box
65 accompanying a statement that a paren t who does not consent understands that the
66 LEA is reli eved of any futur e claims r elated to nonpr ovision of any services not
67 consented to by the paren t; and
68 (c) A "Partial consent" box, signatur e line, date line, and space for indicating the
69 ar eas of agr eement.
70 (2) (a) A par ental consent form shall not be r equir ed in situations wher e a
71 placement, rem oval, addition, change, or red uction of services in the IEP of a child with
72 disabilities occurs because of a violation of a code of student conduct in accordance with
73 34 CFR 300.530.
74 (b) On the date on which such placement, rem oval, addition, change, or
75 r eduction of services in the IEP of a child with a disability occurs because of a violation
76 of a code of student conduct, the LEA shall notify the par ents of that decision and
77 pr ovide the paren ts with notice in accordance with 34 CFR 300.504.
78 7. This section shall not be construed to abrog ate any paren tal right identified in
79 the federal Individuals with Disabilities Education Act (IDEA) and such act's
80 implementing regula tions.
81 8. The pr ovisions of this section shall become effective on July 1, 2027.
✔
HB 2304 3