Proposed Rules

The following are Proposed Rules that the Missouri Department of Elementary and Secondary Education has submitted to the Secretary of State for Publication in the Missouri Register. These rules will not go into effect until the public has had an opportunity to submit written comments, and to attend a public hearing if one is scheduled.  

Any person may offer comments on a Proposed Rule. The instructions for submitting comments, and the location and date of a hearing if one is scheduled, are located after the text of each rule. Please note that the official text of a Proposed Rule is the version that appears in the Missouri Register, not the draft copy on this site. Refer to the official copy if you wish to submit comments.

We hope you find this site helpful and informative.


Emergency Amendment: 5 CSR 20-400.220 Application for Substitute Certificate of License to Teach. 
Summary: This amendment adds language that allows department-approved training as an alternative route to gain a substitute certificate of license to teach. This will expedite a strategy for addressing shortages of substitute teachers.

  • Fiscal Note: No
  • Supporting Documents: No
  • Link to Emergency Rules 
  • Small Business Impact Statement: No
  • Date Posted: 10/20/2021

Proposed Amendment: 5 CSR 20-100.110 Programs for Gifted Children
Summary: The purpose of the amendment is to update the terminology used in the rule and to update the department Gifted Education Program Guidelines, which are incorporated by reference.


Proposed Amendment: 5 CSR 20-400.210 Certificate of License to Teach Classifications
Summary: This amendment will update the rule references and clarify language for the classification of certificates of license to teach.

  • Fiscal Note: No
  • Supporting Documents: No
  • Link to Missouri Register: MoReg, Vol 46, No. 21, page1956
  • Small Business Impact Statement: No
  • Date Posted:10/28/2021

Emergency Amendment: 5 CSR 20-400.220 Application Substitute Certificate of License to Teach
Summary: This proposed amendment adds language that allows department-approved training as an additional route to gain a substitute certificate of license to teach.

  • Fiscal Note: No
  • Supporting Documents: No
  • Link to Missouri Register: MoReg, Vol 46, No. 23, page 2219
  • Small Business Impact Statement: No
  • Date Posted:11/29/2021

Proposed Amendment: 5 CSR 20-400.230 Discipline of Certificates of License to Teach
Summary: The board is amending this rule to update the procedures for hearings regarding the discipline of certificates of license to teach.


Proposed Amendment: 5 CSR 20-400.260 Application for Certification of License to Teach on the Basis of Certification by the American Board for Certification of Teacher Excellence (ABCTE)
Summary: This proposed amendment will update the rule’s references and clarify language for the Application for Certification of License to Teach on the Basis of Certification by the American Board for Certification of Teacher Excellence (ABCTE).


Proposed Rescission: 5 CSR 20-400.410 Robert C. Byrd Honors Scholarship Program
Summary: This rule set forth the general administrative procedures for the department’s implementation of the federally funded Robert C. Byrd Honors Scholarship Program. This rule is being rescinded because it is no longer a funded program.

  • Fiscal Note: No
  • Supporting Documents: No
  • Link to Missouri Register: MoReg, Vol 46, No. 23, page 2245
  • Small Business Impact Statement: No
  • Date Posted:11/29/2021

Proposed Amendment: 5 CSR 20-400.540 Certification Requirements for Teacher of Secondary Education (Grades 9-12) 
Summary: The proposed amendment will combine the Implementing Business Education Programs and Coordination of Cooperative Education courses into Administration of Business and Marketing Education Programs, which will reduce the overlap of topics currently covered in both of the courses.


Proposed Amendment: 5 CSR 20-400.660 Certification Requirements for Career Education (Secondary) 7-12 Certificates
Summary: This proposed amendment will update the skilled technical science certificate titles to add the area of Crisis/Emergency/Disaster Management and rename the areas of Geographic Information Science and Criminal Justice Technology.


Proposed Amendment: 5 CSR 20-400.670 Certification Requirements for Career Education (Adult) Certificate
Summary: This proposed amendment will update the skilled technical science certificate titles to add the area of Crisis/Emergency/Disaster Management and rename the areas of Geographic Information Science and Criminal Justice Technology.


Proposed Amendment: 5 CSR 20-700.100 Statewide Longitudinal Data System 
Summary: This rule explains the data collected by the Department of Elementary and Secondary Education within the statewide longitudinal data system commonly known as the Missouri Comprehensive Data System (MCDS). The rule also addresses the procedures that are used to ensure the confidentiality of student records maintained in the MCDS.This rule explains the data collected by the Department of Elementary and Secondary Education within the statewide longitudinal data system commonly known as the Missouri Comprehensive Data System (MCDS). The rule also addresses the procedures that are used to ensure the confidentiality of student records maintained in the MCDS.


Proposed Amendment: 5 CSR 25-300.010 Definitions Relating to Child Care Facilities 
Summary: This amendment updates the terms used throughout Chapter 300 by removing, modifying, or replacing outdated terms and removing those terms not relevant to regulated child care.


Proposed Rescission: 5 CSR 25-300.030 Local Inspections
Summary: This rule is being rescinded as its provisions have been incorporated into other rules within this chapter, specifically, 5 CSR 25-300.070 Fire Safety Requirements and 5 CSR 25-300.080 Sanitation Requirements.

  • Fiscal Note: No
  • Supporting Documents: No
  • Link to Missouri Register: MoReg, Vol 46, No. 22, page 2131
  • Small Business Impact Statement: No
  • Date Posted: 11/8/2021

Proposed Amendment: 5 CSR 25-300.070 Fire Safety Requirements  
Summary: This amendment replaces “the effective date of these rules” with “July 30, 1995” and adds language moved from 5 CSR 25-300.030.


Proposed Amendment: 5 CSR 25-300.080 Sanitation Requirements  
Summary: This amendment adds language moved from 5 CSR 25-300.030 and adds that the Missouri Department of Health and Senior Services may conduct sanitation inspections.

  • Fiscal Note: No
  • Supporting Documents: No
  • Link to Missouri Register: MoReg, Vol 46, No. 22, page 2132
  • Small Business Impact Statement: No
  • Date Posted: 11/8/2021

Proposed Rescission: 5 CSR 25-300.100 Transportation and Field Trip Requirements 
Summary: This rule identified the requirements the provider in a license-exempt child care facility is responsible for when transporting children and taking field trips. This rule is being rescinded based on a lack of statutory authority to enforce its provisions.

  • Fiscal Note: No
  • Supporting Documents: No
  • Link to Missouri Register: MoReg, Vol 46, No. 22, page 2132
  • Small Business Impact Statement: No
  • Date Posted: 11/8/2021

Proposed Amendment: 5 CSR 25-300.120  Variance Requests 
Summary: This amendment updates the term “bureau” to “department” and the phrase “owner or facility director” to “facility owner or designee” and updates details for how a variance should be requested and how to request review of a variance denial.


Proposed Amendment: 5 CSR 25-400.010 Definitions
Summary: This amendment updates the terms used throughout Chapter 400 by removing, modifying, or replacing outdated terms, and removing those terms not relevant to licensed child care.


Proposed Rescission: 5 CSR 25-400.015 Exemption of Day Care Facilities 
Summary: This rule defined the basis for which a family day care home may qualify for exemption for licensure. This rule is being rescinded to delete the incorporated Application for License to Operate a Family Day Care Home form and consolidate sections (2) and (3) into 5 CSR 25-400.025 Organization and Administration. Section (1) is removed entirely because it is not relevant to facilities licensed under this chapter.

  • Fiscal Note: No
  • Supporting Documents: No
  • Link to Missouri Register: MoReg, Vol 46, No. 22, pages 2134
  • Small Business Impact Statement: No
  • Date Posted: 11/12/2021

Proposed Amendment: 5 CSR 25-400.025 Organization and Administration
Summary: This amendment updates the term “family day care home” to “family child care home” and adds sections (5) and (6) from rescinded 5 CSR 25-400.015 Exemption of Day Care Facilities.


Proposed Amendment: 5 CSR 25-400.045 Licensing Process
Summary: This amendment updates incorporated forms and references to rules contained within.


Proposed Amendment: 5 CSR 25-400.055 Annual Requirements
Summary: This amendment updates the incorporated Annual Declaration for Licensed Facility form.


Proposed Amendment: 5 CSR 25-400.105 The Child Care Provider and Other Child Care Personnel
Summary: This amendment updates internal references to rules and forms.


Proposed Amendment: 5 CSR 25-400.115 Child Care Family and Household
Summary: This amendment updates the term “day care” to “child care” in the rule title and within the rule.

  • Fiscal Note: No
  • Supporting Documents: No
  • Link to Missouri Register: MoReg, Vol 46, No. 22, pages 2137
  • Small Business Impact Statement: No
  • Date Posted: 11/12/2021

Proposed Amendment: 5 CSR 25-400.125 Medical Examination Reports
Summary: This amendment replaces the term “day care” with “child care,” removes incorporated forms and replaces them with updated forms that are incorporated by reference, and updates references to Missouri Department of Health and Senior Services.


Proposed Amendment: 5 CSR 25-400.145 Nighttime Care
Summary: This amendment replaces the term “day care” with “child care.”

  • Fiscal Note: No
  • Supporting Documents: No
  • Link to Missouri Register: MoReg, Vol 46, No. 22, pages 2138
  • Small Business Impact Statement: No
  • Date Posted: 11/12/2021

Proposed Amendment: 5 CSR 25-400.155 Overlap Care of Children
Summary: This amendment incorporates the Overlap Request Form and specifies that overlap approval is not available to those facilities licensed exclusively for before- and after-school care.


Proposed Amendment: 5 CSR 25-400.210 Records and Reports
Summary: This amendment replaced the term “day care” with “child care,” updates internal references to rules, removes the requirement to maintain fire and disaster drills because it is duplicative of the Disaster and Emergency Preparedness rule, and adds the requirement to submit records to the department as required.

  • Fiscal Note: No
  • Supporting Documents: No
  • Link to Missouri Register: MoReg, Vol 46, No. 22, pages 2139
  • Small Business Impact Statement: No
  • Date Posted: 11/15/2021

Proposed Amendment: 5 CSR 25-400.220 Variance Request
Summary: This amendment updates terms and clarifies how providers may request a rule variance and review of a variance denial.


Proposed Amendment: 5 CSR 25-500.010 Definitions
Summary: This amendment updates the terms used throughout Chapter 500 by removing, modifying, or replacing outdated terms and removing those terms not relevant to licensed child care.


Proposed Rescission: 5 CSR 25-500.022 Exemption of Day Care Facilities 
Summary: This rule defined the basis for which a group day care home or child day care center may qualify for exemption for licensure.This rule is being rescinded to consolidate sections (2) and (3) into 5 CSR 25-500.032 Organization and Administration. Section (1) is removed entirely because it is not relevant to facilities licensed under this chapter.

  • Fiscal Note: No
  • Supporting Documents: No
  • Link to Missouri Register: MoReg, Vol 46, No. 22, pages 2141
  • Small Business Impact Statement: No
  • Date Posted: 11/15/2021

Proposed Amendment: 5 CSR 25-500.032 Organization and Administration 
Summary: This amendment updates the term “day care” to “child care”, adds sections (5) and (6) from rescinded 5 CSR 25-500.022 Exemption of Day Care Facilities.


Proposed Amendment: 5 CSR 25-500.042 Licensing Process  
Summary: This amendment updates incorporated forms and references to rules contained within.


Proposed Amendment: 5 CSR 25-500.052 Annual Requirements   
Summary: This amendment updates the incorporated Annual Declaration for Licensed Facility form. 


Proposed Amendment: 5 CSR 25-500.102 Personnel   
Summary: This amendment updates internal references to rules and forms, removes duplicative language, and clarifies that an individual with a disqualifying background screening result shall be prohibited from being present on the premises of the child care facility.


Proposed Amendment: 5 CSR 25-500.122 Medical Examination Reports   
Summary: This amendment replaces the term “day care” with “child care,” removes incorporated forms and replaces them with updated forms incorporated by reference, and updates references to the Missouri Department of Health and Senior Services.


Proposed Rescission: 5 CSR 25-500.152 Hourly Care Facilities 
Summary: This rule set forth requirements for facilities providing irregular, intermittent, hourly care for children.This rule is being rescinded because it is outdated and no longer utilized.

  • Fiscal Note: No
  • Supporting Documents: No
  • Link to Missouri Register: MoReg, Vol 46, No. 22, pages 2145
  • Small Business Impact Statement: No
  • Date Posted: 11/15/2021

Proposed Amendment: 5 CSR 25-500.162 Overlap Care of Children   
Summary: This amendment incorporates the Overlap Request Form and clarifies how overlap is calculated and when it may be utilized.


Proposed Amendment: 5 CSR 25-500.222 Records and Reports    
Summary: This amendment updates internal references to rules, removes the requirement to maintain fire and disaster drills because it is duplicative of 5 CSR 25-500.090 Disaster and Emergency Preparedness, and adds the requirement to submit records to department as required.

  • Fiscal Note: No
  • Supporting Documents: No
  • Link to Missouri Register: MoReg, Vol 46, No. 22, pages 2146
  • Small Business Impact Statement: No
  • Date Posted: 11/15/2021

Proposed Amendment: 5 CSR 25-500.230 Variance Requests    
Summary: This amendment updates terms and clarifies how providers may request a rule variance and review of a variance denial.

  • Fiscal Note: No
  • Supporting Documents: No
  • Link to Missouri Register: MoReg, Vol 46, No. 22, pages 2147
  • Small Business Impact Statement: No
  • Date Posted: 11/15/2021

Proposed Amendment: 5 CSR 25-600.010 Definitions 
Summary: This amendment expands the definition of child care provider to include registered child care providers, replaces the Department of Health and Senior Services with the Department of Elementary and Secondary Education, and replaces the term “Director” with “Commissioner.”

  • Fiscal Note: No
  • Supporting Documents: No
  • Link to Missouri Register: MoReg, Vol 46, No. 22, page 2147
  • Small Business Impact Statement: No
  • Date Posted: 11/9/2021

Proposed Amendment: 5 CSR 25-600.020 General Requirement
Summary: This amendment replaces the phrase “family child care home, group child care home, child care center, or license-exempt” with “licensed, regulated, or registered child care,” expanding the provisions of this rule to registered child care facilities.

  • Fiscal Note: No
  • Supporting Documents: No
  • Link to Missouri Register: MoReg, Vol 46, No. 22, page 2148
  • Small Business Impact Statement: No
  • Date Posted: 11/9/2021

Proposed Amendment: 5 CSR 25-600.040 Background Screening Findings 
Summary: This amendment replaces the phrase “family child care home, group child care home, child care center, or license-exempt” with “licensed, regulated, or registered child care,” expanding the provisions of this rule to registered child care facilities. This amendment also specifies that the ineligibility to maintain a presence at family child care homes is only during child care hours and includes minors certified as adults in the commission of an offense, consistent with section 210.1080.5, RSMo.

  • Fiscal Note: No
  • Supporting Documents: No
  • Link to Missouri Register: MoReg, Vol 46, No. 22, page 2148
  • Small Business Impact Statement: No
  • Date Posted: 11/9/2021

Proposed Amendment: 5 CSR 25-600.050 Process for Appeal Required in Section 210.1080, RSMo 
Summary: This amendment expands the provisions of this rule to staff members of regulated and registered child care facilities appealing their ineligibility determinations.


Proposed Rescission: 5 CSR 25-100.310 General Provisions Governing Authorized Under Early Childhood Development, Education, and Care 
Summary: The Department of Elementary and Secondary Education is rescinding this rule because the legislature did not authorize funding for this program.

  • Fiscal Note: No
  • Supporting Documents: No
  • Link to Missouri Register: MoReg, Vol 46, No. 20, page 1838
  • Small Business Impact Statement: No
  • Date Posted:10/2021

 


Proposed Amendment: 5 CSR 30-680.010 National School [Lunch] Meals Program  
Summary: This proposed amendment consolidates the school meal programs in one regulation and updates references to federal materials.  


Proposed Amendment: 5 CSR 30-680.020 Special Milk Program for Children   
Summary: This rule is being amended to incorporate the federal regulations published in 7 C.F.R part 215, which are used to administrer the Special Milk Program for Children.


Proposed Rescission: 5 CSR 30-680.030 Special Breakfast Program   
Summary: This rule is being rescinded because the provisions in this rule are being moved to 5 CSR 30-680.010.


Proposed Amendment: 5 CSR 30-680.035 Food Service Equipment Assistance Program   
Summary: This rule is being amended to incorporate the federal regulations published in 7 C.F.R. part 230, governing the Nonfood Assistance Program, which implement P.L. 94-105.

  • Fiscal Note: No
  • Supporting Documents: Yes
  • Link to Missouri Register: MoReg, Vol 46, No.19, page 1755
  • Small Business Impact Statement: No
  • Date Posted: 9/28/2021

Proposed Amendment: 5 CSR 30-680.040 Cash in Lieu of Commodities 
Summary: This rule is being amended to incorporate the federal regulations published in 7 C.F.R. part 240, which are used to distribute cash in lieu of commodities and specify how these funds may be used. 


Proposed Rescission: 5 CSR 30-680.050 Determining Eligibility for Free and Reduced Price Meals and Milk in Schools
Summary: This rule is being rescinded because the provisions in this rule are being moved to 5 CSR 30-680.010.

  • Fiscal Note: No
  • Supporting Documents: No
  • Link to Missouri Register: MoReg, Vol 46, No. 19, page 1756
  • Small Business Impact Statement: No
  • Date Posted: 9/28/2021

Proposed Amendment: 5 CSR 30-680.060 Food Distribution 
Summary: This rule is being amended to incorporate the federal regulations published in 7 CFR part 250, which are used to administer the Food Distribution Program.

  • Fiscal Note: No
  • Supporting Documents: Yes
  • Link to Missouri Register: MoReg, Vol 46, No. 19, page 1756
  • Small Business Impact Statement: No
  • Date Posted: 9/28/2021

Proposed Amendment: 5 CSR 30-680.070 Summer Food Service Program—Request for Waiver 
Summary: This rule is being amended to reflect current department language usage and to incorporate federal materials by reference.


In Addition: 5 CSR 20-100.310, 5 CSR 20-100.320, and 5 CSR 20-100.330 
Summary: As a result of the creation of the Office of Childhood, the Department of Elementary and Secondary Education is transferring sections from the Division of Learning Services, Office of Quality Schools, to the Office of Childhood. Effective August 30, 2021.

  • Fiscal Note: No
  • Supporting Documents: No
  • Link to Missouri Register: MoReg, Vol 46, No. 17, page 1641
  • Small Business Impact Statement: No
  • Date Posted: 8/31/21

In Addition: 5 CSR 20-300.120
Summary: As a result of the creation of the Office of Childhood, the Department of Elementary and Secondary Education is transferring a rule from the Division of Learning Services, Office of Special Education, to the Office of Childhood. Effective August 30, 2021.

  • Fiscal Note: No
  • Supporting Documents: No
  • Link to Missouri Register: MoReg, Vol 46, No. 17, page 1641
  • Small Business Impact Statement: No
  • Date Posted: 8/31/21

In Addition: 5 CSR 20-100.230 Statement of Actual Cost

  • Fiscal Note: No
  • Supporting Documents: No
  • Link to Missouri Register: MoReg, Vol 46, No. 19, page 1806
  • Small Business Impact Statement: No
  • Date Posted: 8/31/21

Resources

  • State Board of Education Agenda/Minutes
  • Incorporated by Reference Materials
  • Missouri Register
  • Code of State Regulations
  • Missouri Revised Statutes
  • Senate Bill 504
  • Periodic Rule Review - a five (5)-year rolling review of existing rules that began July 1, 2020, as set forth in Section 536.175, RSMo. The report contains the results of the review which includes:  whether the rule continues to be necessary; whether the rule is obsolete; whether the rule overlaps; duplicates or conflicts with other rules; whether a less restrictive or more narrowly tailored rule is appropriate; whether the rule needs amendment or rescission; whether incorporated by reference materials are proper; and whether rules affecting small business are still relevant. The report contains an appendix with the nature of the comments the department has received on the rules and the agency responses to the comments.