Regulation 6250 – Instruction for Students with Disabilities
The District will adhere to the Individuals with Disabilities Education Act, its implementing
regulations, and the Missouri State Plan for Special Education. The District will observe the
following guidelines in providing special education and related services to identified students
with disabilities.
Determination of Eligibility for Children Ages 3 Through 5
To determine whether children ages 3 to 5 (not kindergarten-age eligible) are children with a
disability under the Individuals with Disabilities Education Act (IDEA), the District will identify
all such children using [select one of the following: (I) any IDEA disability category except that
of Young Child with a Developmental Delay; (2) only the IDEA disability category of Young
Child with a Developmental Delay; or (3) any IDEA disability category including Young Child
with a Developmental Delay].
Transition Services
Beginning not later than the first IEP to be in effect when the child is sixteen (16), and updated
annually thereafter, the District will implement appropriate measurable postsecondary goals based
upon age appropriate transition assessments related to training, education, employment, and, where
appropriate, independent living skills and the transition services (including courses of study) needed
to assist the child in reaching those goals.
In addition, when a student with a disability reaches age eighteen (18), the District will provide to
parent(s) of qualified disabled students under the IDEA a statement that the child has been informed
of his or her rights under Part B of IDEA and that those rights will transfer to the student upon
reaching the age of majority.
Extended School Year (ESY)
The IEP team will determine on an annual basis whether the student requires extended school
year (ESY) services. If appropriate, the notice of the IEP meeting will include that the team will
consider ESY services.
In determining whether the student requires ESY services, the IEP team may consider, among
other factors, whether the student will suffer regression to such a marked degree that the
student’s skills may not be recouped in a reasonable time at the inception of the subsequent
school year, the degree of impairment, the ability of the student’s parents/guardians to provide
educational structure at home, the student’s rate of progress, the student’s behavioral and physical
problems, the availability of alternative resources, the ability of the student to interact with
students without disabilities, the areas of the student’s curriculum that need continuous attention,
or the student’s vocational needs.
If an IEP team determines that a student requires ESY, decisions regarding the type of special
education and related services and their frequency, intensity and duration shall also be
determined by on an individualized basis and by the student’s IEP team.
The IEP will reflect that the IEP team considered ESY services. If the IEP team determines that
ESY services are required, the team will be responsible for preparing an appropriate ESY IEP or
determining that the regular school year IEP will be implemented.
PLACEMENT – STUDENTS VOLUNTARILY ENROLLED IN PRIVATE SCHOOLS BY THEIR PARENTS
The District’s activities under the Individuals with Disabilities Education Act (IDEA) regarding
the location, identification, and evaluation of parentally-placed private school students with
disabilities will be comparable to the activities undertaken for students in public schools.
However, a student with a disability voluntarily enrolled in a private school by his/her
parents/guardians does not have an individual right to receive some or all of the special
education and related services that the student would receive if enrolled in a public school.
Students with disabilities voluntarily enrolled in private schools by their parents/guardians are
not entitled to a free appropriate public education.
In order to meet its obligations under the IDEA to students with disabilities voluntarily enrolled
by their parents/guardians in private schools, the District will spend, for children ages 5 through
21, an amount that is the same proportion of the District’s K-12 entitlement under Part B of the
IDEA as the number of private school children with disabilities ages 5 through 21 residing in the
District is to the total number of children with disabilities ages 5 through 21 residing in the
District. For children ages 3 through 5, the District will spend an amount that is the same
proportion of the District’s Preschool entitlement under Part B of the IDEA as the number of
private school children with disabilities ages 3 through 5 residing in the District is to the total
number of children with disabilities ages 3 through 5 residing in the District. Expenditures for
child find activities will not be considered when determining whether the District has met its
obligation.
The District will consult with representatives of the private schools located within the District to
decide which disabled students will receive services, what services will be provided, how and
where the services will be provided, and how the services provided will be evaluated. The
District will make the final decisions regarding the services to be provided to private school
children with disabilities.
For each private school student designated to receive services, the District will prepare a service
plan that describes the specific special education and related services that the District will
provide to the student. The District will ensure that a representative of the private school attends
meetings to develop, review, and revise a services plan, or, if the representative cannot attend,
will use other methods to ensure participation by the private school. To the extent appropriate,
the services plan will be developed in a manner consistent with the requirements under the IDEA
for an IEP.
Missouri case law and the Missouri Constitution prohibit the provision of personnel, services,
materials, and equipment on the premises of a student’s private school unless they are provided
in a neutral site. The private school may be considered a neutral site if the setting of the services
is secular and void of ideological items. The District will determine how and where services will
be provided to students with disabilities attending private or parochial schools.
Due process rights for students with disabilities voluntarily enrolled in private schools and their
parents are limited. Only issues related to child find, including evaluations, can be raised in a
due process complaint. There is no due process right to challenge the services that a student
receives. The District is responsible for child find and the provision of services for disabled
students attending private schools within the District but NOT for resident students whose
parents choose to enroll the student in a private school in a different school district.