HOUSE BILL NO. 2304 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE OEHLERKING.
5785H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To 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 program" or "IEP", a written statement for a 3 child with a disability that is developed, reviewed, and revised 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) "Parent", 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 related services; 11 (5) "Public school", the same definition as in section 160.011; 12 (6) "School day", the same definition as in section 160.041. 13 2. Each local educational agency shall implement parental consent procedures as 14 described in 34 CFR 300.300 and this section. 15 3. (1) Each local educational agency shall obtain written or electronic parental 16 consent for the following placements, removals, additions, changes, or reductions of
EXPLANATION — 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. HB 2304 2
17 services in the individualized education program of a child with disabilities prior to such 18 placement, removal, addition, change, or reduction: 19 (a) Initial IEP placement and services; 20 (b) A placement change; 21 (c) The removal of a service or services; and 22 (d) The reduction or addition of service minutes of a service by more than 23 twenty-five percent. 24 (2) The LEA shall maintain written documentation of the date and signature of 25 parental consent for annual placement or revision to the IEP. 26 4. (1) (a) If the parents and local educational agency fail to reach an agreement 27 on the child's individualized education program within ten school days but reach an 28 agreement on certain IEP services or interim placement: 29 a. The child's current agreed-upon IEP shall be amended to include such areas 30 of agreement until the areas of disagreement are resolved; and 31 b. The local educational agency and the parents shall include an addendum in 32 the IEP that specifies the date by which the areas of disagreement shall be resolved, 33 provided 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 from both parties if 35 sufficient progress is made or additional agreements are reached. 36 (b) If the local educational agency or the parents fail to reach an agreement at 37 any time during the IEP process, either party may request a dispute resolution 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 process complaint and hearing; or 43 e. Other dispute resolution options as outlined in the procedural safeguards 44 notice under 34 CFR 300.504. 45 (2) A local educational agency shall not proceed with implementing a child's 46 individualized education program without parental consent unless the LEA documents 47 reasonable efforts of attempts to arrange a mutually agreed-upon time and place, in 48 accordance with 34 CFR 300.322(d), and the parents have refused to attend or the LEA 49 obtains approval through a due process complaint and hearing in which the hearing 50 officer or commissioner finds that the IEP with the proposed change or changes 51 provides for a free appropriate public education for the student in accordance with 34 52 CFR 300.507 to 300.513. HB 2304 3
53 5. Parents have the right to visit any program or classroom proposed 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 regular school hours or at a mutually agreed-upon time to ensure that instruction 57 is not interrupted. 58 6. (1) The department of elementary and secondary education shall create or 59 establish a parental consent model form that each local educational agency shall use for 60 any action related to a child's individualized education program. Such form shall be 61 provided to the parents in the parent's native language, as described in 34 CFR 300.503, 62 and shall include at least the following: 63 (a) A "Does consent" box, signature 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 parent who does not consent understands that the 66 LEA is relieved of any future claims related to nonprovision of any services not 67 consented to by the parent; and 68 (c) A "Partial consent" box, signature line, date line, and space for indicating the 69 areas of agreement. 70 (2) (a) A parental consent form shall not be required in situations where a 71 placement, removal, addition, change, or reduction 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, removal, addition, change, or 75 reduction 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 parents of that decision and 77 provide the parents with notice in accordance with 34 CFR 300.504. 78 7. This section shall not be construed to abrogate any parental right identified in 79 the federal Individuals with Disabilities Education Act (IDEA) and such act's 80 implementing regulations. 81 8. The provisions of this section shall become effective on July 1, 2027. ✔
Statutes affected: