This handbook from the Department of Elementary and Secondary Education is offered as a guide for the rules of special education and related services.  It describes how to make a referral for special education as well as the evaluation process and IEP process. This guide provides information concerning your rights and responsibilities as the parent of a child with a disability as defined in the Missouri State Plan for Special Education. For more information on these rights, ask your school district for a copy of the Procedural Safeguards Notice for Children and Parents or access them on the Legal Resources section of this site.

The Parent’s Guide to Special Education in Missouri (English)

The Parent’s Guide to Special Education in Missouri (Spanish)

This information is from The Parent’s Guide to Special Education in Missouri.

Child Find:  School districts must identify, locate, and test all children with disabilities living in the district. This includes children who are homeless or are wards of the state; who attend private, church-run schools; or who are home-schooled and are in need of special education and related services. In order to do this, school districts conduct “Child Find” activities such as putting notices in local newspapers and on the district website, arranging for announcements on local radio and television stations, placing posters in school offices, and sending written information to parents.

Request for Initial Evaluation and Referral: School district staff (i.e. teacher, counselor, principal) may request that your child be tested to determine if he or she has a disability and if specialized instruction is needed. You can also request that your child be tested. Verbal requests are allowed, but we recommend that you make your request in writing.

The school district has 30 days to consider your request and decide if a disability is suspected. If no disability is suspected, the school district will provide you with a written statement called a Notice of Action (NOA) which explains the reason for declining to test your child. If a disability is suspected, the school district will review information about your child in a form called a Review of Existing Data (RED).

Review of Existing Data:The Review of Existing Data (RED) is done by a team of people who meet the requirements of an IEP team. An IEP team includes you and school staff, as appropriate. The RED may be done in a meeting or by discussing the ideas with the members of the team. Current information is gathered in the areas of health, motor skills, vision/hearing, speech/language, cognitive (thinking-related) skills, adaptive (social and practical) behavior, academic (study/learning) skills, social/emotional (relationship) behaviors, life after high school, and technology that helps people with disabilities. The team looks at all of the information and decides if other data is needed to make a decision about special education eligibility. You are given a written statement (Notice of Action) proposing to test all areas related to the possible disability. This Notice of Action must be given to you no later than 30 days from the date you requested the initial evaluation. The 30-day timeline may be extended for reasons such as snow days, child illness, summer breaks, or school holidays. How Special Education Works in Missouri

Evaluation: The Notice of Action (NOA) informs you that the school wants to test your child to help in deciding whether he or she is eligible to receive special education services. The testing must include enough information to identify all of your child’s education needs, and the results must describe your child’s abilities.

You will need to give written permission before testing can begin. The school must complete testing and hold a meeting with you within 60 calendar days of receiving your written permission. Timelines may be extended for acceptable reasons such as snow days, child illness, summer breaks, or school holidays.

The results of testing, including information from you and your child’s teachers, are used to decide your child’s eligibility for special education and related services and to make decisions about an educational program that meets the needs of your child. If you disagree with the results or conclusions of any part of the testing, you have the right to request an Independent Educational Evaluation (IEE) at no cost to you. You can request one IEE each time you disagree with the school district’s evaluation results.

Eligibility Determination:  You will meet with a team of qualified professionals to review the evaluation results within 60 days of the date you gave written permission for the special education testing.

Eligibility has two parts:

1. Your child is a “child with a disability” as defined by the Missouri State Plan for Special Education.
2. Your child must need special education and related services.

If the team cannot agree on your child’s eligibility, the district must make the final decision.. The school district must provide you with a written statement (the Notice of Action) describing the decision and the reason for it. A copy of the Evaluation Report, including the results, must be provided to you within a reasonable amount of time, usually not more than 20 days after the meeting. You may challenge the decision through a due process hearing. For more information, read about due process in “Resolving Disputes” in this guide or at the DESE website at the DESE due process complaint procedure information page.t.

The Individualized Education Program (IEP): If your child is eligible for special education under one of the categories as defined by IDEA and the Missouri State Plan, the IEP team must meet within 30 calendar days to develop an IEP. The IEP will be based on your child’s unique needs. If your child participated in Missouri’s First Steps Program, his or her eligibility must be decided and an IEP must be in place by your child’s third birthday. If your child was referred to First Steps less than 90 days before his or her third birthday, the process for an Initial Evaluation is followed.

IEP Team Meeting Notification:The school district will schedule the IEP meeting and invite all IEP team members, including you, the parents. You must be told of the meeting early enough to make sure you will have an opportunity to attend. The IEP meeting notice must list the purpose of the meeting and who will attend, as well as the date, time, and location of the meeting.

The meeting notice also tells you that you and the school district may invite people to the IEP meeting that you believe have knowledge or expertise with your child. You or the district will decide if someone with special expertise or knowledge is needed as part of the IEP team.

For the first IEP for children who participated in First Steps, an invitation will be sent at your request to the First Steps service coordinator or the First Steps representative.

For the IEP that will be in effect at your child’s 16th birthday, the IEP meeting notice must also include:

• the purpose of the meeting to consider goals and services to prepare for life after high school;
• an invitation to the student; and
• identification of any agency representatives that have been invited.

The IEP meeting is to be scheduled at a time and place agreed to by you and the school district. If you cannot attend the IEP meeting, the district will attempt to reschedule the meeting or use other methods to make sure of your participation, including phone or teleconference calls. If you do not participate after attempts to schedule two separate meetings, the IEP team meeting may be held in your absence.

IEP Team Meeting Participants:  School staff team members can serve in more than one role. A member of the IEP team can be excused from all or part of the meeting if you and the school agree in writing that the member does not need to come because the member’s school course or related service is not being changed or discussed in the meeting. A member of the IEP team may be excused from all or part of the IEP meeting when the member’s school course or related services is being discussed if you and the school give permission in writing and the team member submits written information in the development of the IEP before the meeting.

Members of the IEP Team:

• You, the parent(s) of your child
• At least one general education teacher of your child
• At least one special education teacher of your child
• A representative of the school district
• At least one individual who can explain the results of testing
• Other people who have knowledge or expertise about your child, invited by either the parent or the agency
• Your child, whenever appropriate

The IEP Team Meeting:  At the meeting, the IEP team will talk about your child’s unique needs, develop goals, identify what services need to be given in order to meet the goals, and then decide on the best place for your child receive those services as close as possible to home.

When figuring out placement, the IEP team must think about whether your child can make progress in the general classroom with the use of additional aids and services and, if not, how your child is going to be included as much as possible.

The school district will provide you with a written Notice of Action that describes the team’s decisions and reasoning for each. Before the school can begin special education and related services for your child for the first time, you must give written permission for those services. Services begin as soon as possible after the school receives your written permission.

The school district must put the IEP in place as it was written as soon as possible. You must be given a copy of the IEP within a reasonable amount of time following the IEP team meeting, usually no more than 20 days from the meeting date. Each of your child’s teachers and service providers has access to a copy of the IEP and knows his or her responsibilities, including all accommodations, modifications, and supports needed for your child. The IEP is a tool for you and the district to make sure your child receives a free, appropriate, public education (FAPE).

If you do not agree with the IEP or placement, you should discuss your concerns with the IEP team at an IEP meeting. If your concerns cannot be settled, DESE will make a neutral, trained IEP facilitator or mediator available at no cost. Facilitators or mediators help in resolving disagreements when both you and the district agree to participate in the facilitated IEP meeting or mediation. For more information, see IEP Facilitation and Mediation in the “Resolving Disputes” section of this booklet.

IEP Goal Progress Reporting:  Your child’s IEP will describe how your child’s progress towardthe yearly IEP goals will be measured and when you will receive occasional reports on your child’s progress toward meeting goals.

IEP Amendments:  Changes to the IEP may be made by amending the IEP rather than by redoing the whole IEP. An IEP amendment can be made by either the entire IEP team at an IEP meeting or by agreement between the parent and school district staff. If the change is made without a meeting, then both the parent and the district must agree to the changes made to the IEP. If changes to the IEP are made, it is the district’s responsibility to make sure all IEP team members are notified of the changes. Upon request, you will be given a revised copy of the IEP that includes any amendments.

The Annual IEP Review:  The IEP team must review and revise your child’s IEP at least once a year to decide whether the yearly goals are being met. The IEP can be reviewed and changed more often if you or school staff asks for a review.

The IEP review looks at any lack of progress toward your child’s yearly goals or in general education courses, the results of any reevaluation, information about your child, your child’s expected needs, or other matters. You can make suggestions for changes, agree or disagree with the IEP goals and services, and agree or disagree with where your child receives special education and related services. You should discuss your concerns at the IEP meeting and try to work out an agreement. Based on the IEP meeting outcome, the school district must give you written notice, NOA, of any proposal or refusal to change identification, testing, placement, or the way a free appropriate public education (FAPE) is provided.

If you agree with the IEP and the services and placement listed on the NOA, you may give up the 10-day waiting period and allow the change to happen right away. If you do not agree with the IEP and the services and placement described in the written notice, you must file due process within 10 days of the date of the written notice to keep the change from taking place.

Reevaluation:  At least once every three years your child will be reevaluated to decide whether he or she remains eligible to receive specialized education. This reevaluation may or may not include testing of your child. The IEP team may agree that your child still qualifies as a child with a disability following a review of existing data. If you believe more testing is needed in order to help decide whether your child’s educational needs are being met, you should make a request in writing to your child’s IEP team.

The special education process begins with the parent or district making a referral for special education evaluation.  

Making a Rerrral

Parents may request their child be evaluated to determine if their child is a student with a disability.  This request must be made to a certificated staff member of the Kirbyville School District. Referrals may be made verbally or in writing. If there is a question about whether a parent is actually making a referral for evaluation, someone from the school or evaluation team must contact the parent within two school days to clarify.

The district must provide Procedural Safeguards to the parent/guardian within 5 days of receiving the official referral.  Procedural Safeguards outline your rights and responsibilities as the parent of the child with a disability as defined in the Individuals with Disabilities Education Act (IDEA) and the Missouri State Plan for Special Education.  

30 Day Time Frame

Once the referral is made, the district has 30 days to determine if a disability is suspected.  

If a disability is NOT suspected, the district must provide a Notice of Action to the parents indicating the district refuses to conduct an evaluation as they do not suspect an educational disability.  While special education services will not be offered, your child's learning needs may be supported through regular education interventions.  The team may go beyond the 30 days when there is an excessive absence on the part of the student, snow days, or school breaks such as summer break, winter break, etc.  Additionally, your child may be eligible for 504 plan if there is a qualifying medical disability and your child requires accommodations to access his educational environment.  

If the district suspects a disability, they must conduct a "Review of Existing Data" within 30 calendar days of the referral.

A review of existing data collects relevant information from the child's educational records as well as information from the child's teacher(s) and parents regarding various areas of the child's functioning in order to determine what areas may need to be formally evaluated.  At this point the team has already determined they suspect a disability and a Notice of Action must be presented to the parents for consent to test. The Notice of Action will explain the district proposes to conduct an evaluation and will include an evaluation plan outlining specific areas the district would like to assess.  The district can NOT begin administering assessments until the parent has given written consent (original signature on the notice of action) for evaluation.  The parent can revoke this consent at any time.

Once consent by the parent is received the evaluation process can take up to 60 days.  Students are assessed within the school day.  There are a few situations where the evaluation team is legally allowed to extend the 60-day timeline, but the reasons must be documented in the Evaluation Report. The team may go beyond the 60 days when there is an excessive absence on the part of the student, snow days, or school breaks such as summer break, winter break, etc.

Following the parent's consent to evaluate, the district has the next 60 days to collect additional information and administer assessments before convening the team to determine whether the child is eligible for special education services in Missouri.   

Eligibility Categories

The State of Missouri recognizes 16 eligibility categories for special education. For a description of the eligibility criteria, please select the specific category below. 

• Autism
• Deaf/Blind
• Emotional Disturbance
• Hearing Impairment/Deafness
• Intellectual Disability
• Multiple Disabilities
• Orthopedic Impairment
• Other Health Impairment
• Specific Learning Disabilities
• Language Impairment
• Sound System Disorder (Articulation and/or Phonology)
• Speech - Fluency
• Speech - Voice
• Traumatic Brain Injury
• Vision Impairment/Blindness
• Young Child with Developmental Delay (criteria for initial eligibility assumes ages 3-5 and non-kindergarten eligible)

Eligibility Meeting

You will meet with a team of qualified professionals to review the evaluation results within 60 days of the date the district received your written consent for special education testing.  At this meeting, all evaluation results will be reviewed, and the team will consider possible eligibility categories suspected.  To be eligible, the child must meet criteria for one or more the specific categories listed above and require special education services.   If the team cannot agree on your child's eligibility, the district must make the final decision.  The district must provide you with a written statement (the Notice of Action) describing the decision and the reason for it.  The team may go beyond the 60 days when there is an excessive absence on the part of the student, snow days, or school breaks such as summer break, winter break, etc.

Members of the Multidisciplinary Team  

• You, the parent/guardian(s) of your child  
• At least one general education teacher 
• At least one special education teacher  
• A representative of the school district
• At least one individual who can explain the results of testing  
• Other people who have knowledge or expertise about your child, invited by either the parent or the agency
• Your child, whenever appropriate

Invitation Letter for Eligibility Determination Meeting

The district must send you an invitation letter outlining the following items:

• Purpose of the meeting
• Who will attend as well as their role within the district
• Date, time and location of the meeting
• The meeting notice also tells you that you may invite people to the meeting that you believe have knowledge or expertise about your child.

Evaluation Report to Parent

After conducting the eligibility meeting, the district must provide the parent a copy of the Evaluation Report within a reasonable amount of time, usually 20 days.

An IEP (or Individualized Education Program) is a term used to describe the official documentation of special education services that will be provided to your child as well as the meeting where the services are determined.  It is a legal document identifying the district "offer" of services.  Below are key details to help you better understand the IEP.

The IEP Is:

• A meeting where parents, students when appropriate, and school personnel jointly make decisions about an educational program for a student with a disability.
• A document that is a written record of the decisions reached at the meeting for a student who will receive special education and related services.
• A management tool used to implement the IEP.

Purposes and Functions:

• The IEP meeting serves as a communication tool between parents and educators and enables them, as equal participants, to jointly decide what the student's needs are, what services will be provided to meet those needs, and what the anticipated outcomes may be.
• The IEP process provides an opportunity for resolving any differences between the parents and the school concerning the special education needs of a student with a disability – first, through the IEP meeting, and second, if necessary, through the procedural protections that are available to parents.
• The IEP sets forth in writing a commitment to provide services and resources necessary to enable a student with a disability to receive needed special education services.

The IEP Is Not:

• The IEP is not a daily lesson plan, but it does cover an entire year (365 days).
• The IEP is not an evaluation report.  An evaluation report describes your child's strengths and needs.  The information from an evaluation report is used to help write the IEP.
• The IEP is not a contract. It does describe things you and the school have agreed to do for your child.
• The IEP is not a comprehensive curriculum.  It related to special considerations within your child's overall education.
• The IEP is not timeless.  As your child grows and changes, the IEP will need to reflect these developments.  

The IEP is made up of individual parts which act as a road map, establishing where your child is, where you want her to go, and how she will get there.  Based on the student's most recent evaluation and input from team members, the IEP's main components include:  

Current level of functioning for the child: 

A description of the child's current performance and skills in all areas of concern.  It should explain how the child's disability affects his progress within the general education curriculum.

Annual goals for the child: 

SMART goals relative to the skill deficit areas identified through the evaluation of the child.  SMART goals are:  Specific, Measurable, Attainable, Relevant & Timebound.  Goals should specify what the child is expected to achieve within the upcoming IEP cycle.  For students who participate in functional skills programs and who take alternative assessments, the IEP must also contain measurable short-term objectives.  These will be used to measure the progress toward reaching their annual IEP goals.

Progress tracking: 

Identify how progress toward each goal (and objective, if applicable) will be measured as well as how often that information will be reported to parents.

Special Education Services:

Identify the type, amount, frequency and location of all services the child will receive to help her meet her educational IEP goals.

Duration of Services:

A projected beginning and end date of any services proposed.

Involvement in the Regular Education Setting: 

Description that identifies the child's involvement in the general education setting as well as provides rationale for any removal from that setting.

Accommodations/Modifications: 

Description of any accommodations and modifications the student will require in the classroom as well as to participate in state and district wide assessments.

Post-Secondary Transition Statement, if applicable: 

No later than a child's 16th birthday, the IEP must include measurable goals for the child's anticipated post-secondary plan as well as services the district will offer to support the child's transition.

Developing the initial Individualized Education Plan (IEP)

The IEP team must meet within 30 calendar days of the eligibility staffing

If your child qualifies for special education services, the team has 30 days to complete the initial IEP from the date of the Eligibility Determination. Timelines to complete the initial IEP may not be extended.

After completing the IEP, the district must provide a copy of the IEP to the parent within a reasonable amount of time, usually about 20 days. IEPs are sent to the parents through the Special Service Office. 

The IEP Meeting

An IEP meeting must be scheduled to develop the initial IEP. 

IEP Meeting Notification: You must be informed in writing at least 10 days before the date of the IEP meeting, unless you waive this right.  The written notice will indicate:

• the purpose of the meeting;
• the proposed meeting date, time, and place it will be held; and
• the names and/or specific jobs of the people who are invited to attend the meeting
• a statement letting you know you have the right to bring anyone to the meeting you feel would have knowledge or special expertise about your child
• a statement indicating how to obtain a copy of your procedural safeguards

The meeting should be held at a date, time, and place agreeable to both you and school staff.  If you ask for or agree to meet on an earlier date, the meeting can be held sooner than the 10-day advance notice requirement. You may ask to have the meeting at a different date, time, and place, or to participate in the meeting through a conference call, video conference, or other ways.  There can be no extension to the annual review date.  While the team must proceed by the annual review date; they can reconvene to review/revise the IEP at a more convenient time upon request.

IEP Team Members: It is important that certain people attend as part of the IEP team. Those that are marked with an asterisk (*) are required members:

• You, the parents* (or educational decision maker)
• At least one of the child’s general education teachers*, if the child is or may be participating in the general education classroom
• At least one of the child’s special education teachers* or special education providers
• Someone who can interpret how test results effect teaching the child*
• A representative of the school district* who
  • can supervise specially designed instruction to meet the needs of child with learning differences
  • knows about the school courses
  • knows about the school’s resources
• Others who have knowledge or special expertise about the child, including related services personnel, when invited by you or the district
• The child at age 16, or earlier, if appropriate

The parent's attendance at the IEP Meeting is important to allow your involvement in the development of the IEP for your child.  Every effort should be made by the district to have you attend the IEP meeting. If you cannot attend, you may be part of the meeting by use of a phone call, video conferencing, or other ways. However, the IEP meeting can be held without you if the school shows they tried but were unable to contact you, or you did not want to attend the meeting. Detailed records will be kept showing the date, time, and person making telephone calls, visits to the home, written notices, and other attempts to reach you.

Prior Written Notice
Also called Notice of Action

The school district will provide you with a written Notice of Action that describes the team’s offer of placement and services and reasoning for each. Before the school can begin special education and related services for your child for the first time, you must give written permission for those services. Services begin as soon as possible after the school receives your written permission.  If you do not respond to a request to provide your consent for your child to receive special education and related services for the first time, or if you refuse to give such consent, your school district can not place your child in special education.  

Revocation of Services
Canceling Your Consent for Special Education

Once initial consent (in writing) is received, the parent can revoke (cancel) that consent at any time in writing.  It is important to note that once the parent revokes consent, the student is taken out of special education services and loses all rights and protections as outlined in the IDEA.  Additionally, the child would have to go back through the initial evaluation process to consider eligibility if the parent later wished to access special education.  

Following the development of the IEP goals and identification of services, the special education team will discuss placement options.  The placement decision is based on the services your child needs and takes several factors into consideration.  The IEP team is required by law to place your child in his/her least restrictive environment.  

Least Restrictive Environment:

The law requires each child with a disability be educated, to the maximum extent appropriate, with children without disabilities.   The IEP team must first consider if your child can remain in the regular education classroom and achieve the IEP goals and objectives with the help of supplementary aids and services.  If the team agrees this cannot be achieved satisfactorily, the team must then decide the route that will allow your child opportunities to be integrated with peers without disabilities to the maximum extent possible and as close too his or her home school as possible. 

Considerations Regarding Removal from a Regular Education Classroom:

• The nature or severity of a child's disability is such that his or her education in the regular education class, with the use of supplementary aids and services, cannot be achieved satisfactorily.
• A child is so disruptive in the regular education classroom that the education of the other students is significantly impaired.

Removal from regular education must be based on the following factors:

• The nature and severity of the disability (cannot be the only factor).
• The diverse learning styles that would require your child to be educated in a setting other than the regular education classroom.
• The need for specially designed materials, supplies or equipment that would prohibit access to the curriculum and goals of the regular education class.
• Significant modifications to the regular education curriculum that would have an adverse effect on the educational program and learning environment for other students in the class.
• The extent to which your child is distractible.
• The inability of your child to engage appropriately with other students.

Special Education Placements - K-12:

• Inside regular class at least 80 percent of the time
• Inside regular class 40 percent to 79 percent of the time
• Inside regular class less than 40 percent of the time
• Public separate school – day facility
• Private separate school – day facility
• Public residential facility
• Private residential facility
• Homebound/hospital

Early Childhood Special Education (ECSE) placements:

• Early childhood setting
• Early childhood/special education (ECSE) setting
• Home
• Part-time early childhood/part-time ECSE
• Residential setting
• Separate school
• Itinerant service outside the home