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Subject: State Law Changes to Special
Education
Source: Melodie Friedebach, Assistant Commissioner
Intended Audience: Special Education Stakeholders
Date: July 20, 2005
Four new pieces of legislation involving special education were recently
signed into law by Governor Blunt. Below are brief summaries of each and a
link to the full text of the law:
• HB 276: This law provides for changes in due process hearings, mediation,
and disciplinary actions, to conform to the new requirements of the
reauthorized Individuals with Disabilities Education Act (IDEA 2004). For a
full explanation of the extensive changes, review the newly revised
“Procedural Safeguards for Children and Parents” document posted on our web
site.
The full text of the law can be viewed at:
http://www.house.mo.gov/bills051/biltxt/truly/HB0276T.HTM
• HB 258: This law eliminates the state requirement for school districts to
conduct an annual census of children with disabilities. This change does not
affect the requirement to conduct the annual child count on December 1 that
is required by IDEA.
The full text of the law can be viewed at:
http://www.house.mo.gov/bills051/biltxt/truly/HB0258T.HTM
• SB 287: This law revises the foundation formula. This revision does affect
special education funding as follows:
The act transitions the state’s foundation formula away from a tax-rate
driven philosophy to a formula that is primarily student-needs based and
sets a minimum payment amount per student of $6,117. The new formula will be
phased in over seven years beginning in FY 2007. The new formula will
provide additional funding to districts when their count of special
education students exceeds a specific threshold.
SB 287 eliminates Exceptional Pupil Aid (EPA). FY 2006 will be the last year
districts will receive a separate EPA payment. Beginning in FY 2007 (July 1,
2006), school districts will no longer receive a separate EPA payment. EPA
will be embedded in the districts minimum payment per pupil ($6,117). In
addition, districts will no longer receive a separate state aid payment for
homebound instruction, extended school year services and contract placements
with approved private agencies (PA). These changes will require districts to
review the process and methods used to budget for all students and services.
Districts will receive a single payment to support the educational programs
for all students.
This law also revises the definition of “severely handicapped” children, and
establishes state funding for high need students with disabilities
regardless of their disability category or type of placement if those
students cost the school district in excess of three times the current
expenditure per average daily attendance. This law does not affect the
continued operation of the State Schools for Severely Handicapped, Missouri
School for the Deaf, and Missouri School for the Blind, by the state board
of education. However, this law effectively reverses the result of the 8th
Circuit Court of Appeals’ decision of March 1, 2004, in the
Springfield/Lewis case and will eliminate the Severely Handicapped Contract
Placement Reimbursement (SHCPR) process. The full text of the law can be
viewed at:
http://www.senate.mo.gov/05info/billtext/tat/SB287.htm
• SB 500: This law, which primarily focuses on Part C of IDEA (Infants and
Toddlers), also amends a bill passed a few years ago, commonly referred to
as SB 874. School districts will now only need to give consideration to the
value of continuing services with Part C providers for the remainder of a
school year when developing the initial IEP for early childhood special
education (ECSE) students who had been served under the First Steps program.
The revision in the law removes the requirement that preference be given to
the continuation of services with the Part C provider unless the cost
exceeded the average per student cost of ECSE in the school district.
The full text of the law can be viewed at:
http://www.senate.mo.gov/05info/billtext/tat/SB500.htm
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