Missouri HB 1714: Enacts provisions providing protections for parents in school district interactions

Bill Text

SECOND REGULAR SESSION
HOUSE BILL NO. 1714
102ND GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE BYRNES.
3950H.01I DANA RADEMAN MILLER, Chief Clerk
AN ACT
Torepeal sections 162.961and 167.027,RSMo, andto enactinlieuthereoffour newsections
relating to protections for parents in school district encounters.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 162.961 and 167.027, RSMo, are repealed and four new sections
2 enacted in lieu thereof, to be known as sections 161.854, 162.106, 162.961, and 167.027, to
3 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;
8 (4) "Public school", the same definition as in section 160.011.
9 2. Eachlocaleducationalagencyshallimplementparentalconsentproceduresas
10 described in 34 CFR 300.300 and this section.
11 3. Each local educational agency shall obtain written parental consent for initial
12 placement, annual placement, placement change, removal of a service or services, or
13 reduction of service minutes by more than twenty-five percent in the individualized
14 education program of a child with disabilities prior to such placement, removal, or
15 reduction. The LEA shall maintain written documentation of the date of parental
16 consent for initial placement, annual placement, or revision to the IEP.
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.

17 4. If the parents and local educational agency fail to reach an agreement on the
18 child's individualized education program but reach an agreement on certain IEP
19 services or interim placement, the child's new IEP shall be implemented in the areas of
20 agreement and the child's last agreed-upon IEP shall remain in effect in the areas of
21 disagreement until the disagreement is resolved.
22 5. Parents have the right to visit any program or classroom proposed for their
23 child before consenting to IEP changes if the child is identified as eligible for special
24 education services. Avisit occurring under this subsection shall be scheduled before or
25 after regular school hours to ensure that such child's hours of instruction are not
26 interrupted.
27 6. Thedepartmentofelementaryandsecondaryeducationshalladoptaparental
28 consent form that each local educational agency shall use for any action related to a
29 child's individualized education program. Such form shall be provided to the parent in
30 the parent's native language, as described in 34 CFR 300.503, and shall include at least
31 the following:
32 (1) A statement that the parent is a participant of the child's IEP team and has
33 theright to consent or refuse consent to the actions asdescribed in this section proposed
34 by the IEP team or LEA. The statement shall include at least information that the
35 refusal of parental consent means that the school district has no authority to proceed
36 with the actions without parental consent or the LEA filing a due process complaint in
37 accordance with 34 CFR 300.507 to 300.508;
38 (2) A "Does consent" box, signature line, and date line;
39 (3) A "Does NOTconsent" box, signature line, and date line; and
40 (4) A "Partial consent" box, signature line, date line, and space for indicating
41 the areas of agreement.
42 7. A local educational agency shall not proceed with implementing a child's
43 individualized education program without parental consent unless the LEA documents
44 reasonable efforts, as outlined in the procedural safeguards notice required under 34
45 CFR 300.504, to obtain the parent's consent and the parent has failed to respond or the
46 LEA obtains approval through a due process complaint and hearing in which the
47 hearing officerorcommissioner finds that the IEP with the proposed change orchanges
48 provides for a free appropriate public education for the student in accordance with 34
49 CFR 300.507 to 300.513.
50 8. If a local educational agency and parent fail to reach an agreement, either
51 party may request a facilitated individualized education program meeting, mediation,
52 dueprocesscomplaintandhearing,orotherdisputeresolutionoptionsasoutlinedinthe
53 procedural safeguards notice.
HB 1714 2

54 9. This section shall not be construed to abrogate any parental right identified in
55 the federal Individuals with Disabilities Education Act (IDEA) and such act's
56 implementing regulations.
162.106. 1. As used in this section, the following terms mean:
2 (1) "