SECOND REGULAR SESSION
HOUSE BILL NO. 1356
91ST GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES MERIDETH, BOUCHER,
CARNAHAN AND GRAHAM (Co-sponsors).
Pre-filed January 2, 2002, and 1000 copies ordered printed.
TED WEDEL, Chief Clerk
AN ACT
To amend chapter 167, RSMo, by adding thereto one new section relating to a family training program for special education.
Section A. Chapter 167, RSMo, is amended by adding thereto one new section, to be known as section 167.675, to read as follows:
167.675. 1. The "Missouri Family Training Program for Special Education" is hereby established to provide training and in-depth information to all Missouri families who have children who receive or are eligible for special education or early intervention services, to include information on:
(1) Laws, regulations, policies, plans, and the benefits of focusing on student learning and outcomes which influence the special education and early intervention systems in the state of Missouri, including an explanation of the procedural safeguards contained within Sections 1415 and 1439 of Title 20 of the United States Code;
(2) Family, school and community responsibilities in the special education and early intervention processes, with special emphasis on the individualized education program and individualized family service plan processes;
(3) Methods of interacting and communicating effectively with professionals and appropriate methods of resolving conflicts with others;
(4) Participation in, and the significance of local and statewide assessment programs and achievement tests;
(5) State and local requirements for graduation; and
(6) Transition planning for the transitions from participation in the early intervention system to participation in the early childhood special education system, participation in the early childhood special education system to participation in the K-12 special education system, to follow on education and individual services.
2. There is hereby created in the state treasury the "Missouri Family Training Fund for Special Education" which shall be administered by the division of special education of the department of elementary and secondary education. Moneys in the fund shall, upon appropriation, be used to establish and maintain the Missouri family training program for special education, pursuant to the provisions of this section. The provisions of section 33.080, RSMo, to the contrary notwithstanding, all the moneys in the fund created in this section shall not be transferred and placed to the credit of the general revenue fund at the end of each biennium.
3. The division of special education shall implement the Missouri family training program for special education by the provision of financial assistance, subject to appropriations to the Missouri family training fund, in the form of grants to recipients of the "parent training and information centers grant" pursuant to Section 682 of the Individuals with Disabilities Education Act. The division shall ensure program accountability and shall monitor and evaluate all organizations which receive grants pursuant to the provisions of this section. Such evaluations shall contain but shall not be limited to the following:
(1) A determination that the organization maintains a philosophy which holds that all children should receive an education which enables them to achieve their personal educational goals, and that a high level of family involvement in the educational process is critical to this endeavor;
(2) A determination that the organization provides Missouri's families with information and training that will enable them to become full, active participants in the education of their children;
(3) A determination that the organization provides information and training in clear and concise language and in accessible formats for the benefit of all Missourians;
(4) A determination that the organization has clear program priorities, explores the use of new information technologies, and investigates methods of increasing program effectiveness through annual program and financial planning;
(5) A determination that the organization uses sound organizational, personnel and volunteer management practices;
(6) A determination that the organization practices sound fiscal management;
(7) A determination that the organization maintains an evaluation system adequate to measure the performance of the program and maintains records of these evaluations for a minimum period of three years; and
(8) A determination that the organization is committed to encouraging parents and schools to work together for the benefit of children.
4. All organizations receiving funds from the Missouri family training program for special education grant shall utilize the most modern and efficient technologies available and work closely with local community partners to deliver the products and services described in this section, without charging districts for the printing and delivery of the product to the districts.
5. It shall be the responsibility of local school districts, system point of entry contractors, and early intervention service coordination providers to distribute an informational product of no larger than four sheets, provided by the Missouri family training program for special education, to all families of Missouri children who receive special education or early intervention services.
(1) These products shall contain:
(a) A clear overview of the special education or early intervention process, emphasizing the roles of all family members in the process;
(b) Information designed to clarify the rights and responsibilities described within Sections 1415 and 1439 of Title 20 of the United States Code, also known as the procedural safeguards for children and parents; and
(c) Resources that families can access to provide more in-depth information and training on issues related to the education of their children.
(2) This product shall be provided to local districts prior to the beginning of each academic year and shall be distributed to the parents of students whenever:
(a) A student has been referred for evaluation to determine eligibility for special education services;
(b) Notification is given of the first individualized education program meeting of the current academic year; or
(c) Consideration is given to the reevaluation of the student's eligibility for special education services.
(3) The early intervention version of this product shall be provided to all system point of entry contractors and early intervention service coordination providers during the second quarter of the state of Missouri's fiscal year and shall be distributed to the parents of all children receiving early intervention services at the beginning of their participation in the early intervention program and at the beginning of each individualized family service plan year thereafter.
(4) Upon appropriation of funds to the Missouri family training fund for special education and every two years thereafter, during the fourth quarter of the state fiscal year meetings shall be held during which representatives of local organizations responsible for the distribution of the informational product described within this subsection shall review and comment upon the accuracy of the product produced by the Missouri family training program for special education in cooperation with the Missouri department of elementary and secondary education's division of special education. Each meeting will include representatives of the Missouri department of elementary and secondary education's division of special education and representatives of the recipient of the Missouri family training program for special education grant.
(a) The meeting to review and comment upon the accuracy of the special education version of this informational product shall also include equal representation of parent advocates and local district representatives who are current members of Missouri's special education advisory panel for Individuals with Disabilities Education Act. The total number of participants in this meeting shall be limited to ten persons.
(b) The meeting to review and comment upon the accuracy of the early intervention version of this informational product shall also include equal representation of parent advocates and representatives of system point of entry contractors and early intervention service coordination providers who are current members of Missouri's state interagency coordinating council for first steps. The total number of participants in this meeting shall be limited to ten persons.
6. The department of elementary and secondary education shall promulgate rules and regulations for the
implementation of this section. No rule or portion of a rule promulgated pursuant to the authority of this section
shall become effective unless it has been promulgated pursuant to the provisions of chapter 536,
RSMo.