Comments to DESE by Sept. 10, 2012 before 4:00 pm. Four pages
To Idea.Comments@dese.mo.gov

Reg 2 Confidentiality
Pg 14 Access Rights
Change “45 days” to five days.
State of California has already done so. Forty-five days penalizes a student who needs records to share with health care professionals. This exorbitantly long waiting period is almost a quarter of a student year. With the advent of electronic media, record retrieval is quick. A 45 day processing time is antiquated.

Reg 4: Section 1 FAPE:
change school days suspension to five. (NOTE: States can choose to have regulations that are less restrictive than the federal requirement.)
Ten days for a student with special needs is harmful to the student and community.
Section 2 IEP
Special Considerations pg 45 The IEP team must also:
Change “consider the use of positive behavioral interventions….” to
“ implement….”
Pag 48 Parent Copy of the IEP
Add the specific occasions when a copy is provided at no cost to the parent including upon request, within ten days of conclusion of annual IEP meeting, etc.
LRE page 53
Change “quality” to “ level”
I agree with the proposed change to remove the placement chart on pg 56. Replace it with the “approved private agency” lists.
pg 53 do not use acronym for IEP .
Placements add “Individualized Education Plan (IEP)” to “is based on the child’s Individualized Education Plan, and is as close as possible to the child’s home”.
In the next paragraph, do not use acronym for IEP, rather use full words “Individualized Education Plan”
Reg 5 Proc Safeguards/Discipline
Pg 63 4) add mediator proclamation when mediation has concluded
Pg 64B. Mediator qualifications
5) add “and received IDEA training within the last four years and within one year of a reauthorization of IDEA”
Pg 68 Delete paragraph “If after making reasonable efforts and documenting such efforts….AHC dismiss the due process complaint”.
Pg 69 B Hearing Rights
1) add “regardless if listed as a witness by either party”
2) delete “Missouri” .

Pg 74 Length of Presentations change “two days” to “four days”
Pg 75 F Witnesses
Add: The person “assisting the parent” will not be excluded from the hearing room since Title I Sec 101 Part B 615 (h) allows for :
(1) the right to be accompanied and advised by counsel and by individuals with special knowledge or training with respect to the problems of children with disabilities;
Consolidation of Cases
“A. Standards for Consolidation” delete.
Pg 81 8. Transfer of Parental Rights…
Add “the student who turns eighteen will not be “graduated” on the 28th birthday in the absence of guardianship. The student may complete the school year.
81 Disciplinary
“Ten school Days or Less” Change ten to Five
Pg 82 “Long Term Suspension”. Add: interim alternative educational setting does not necessarily require student attend at an existing LEA “alternative school”.
Pg 82 Change of Placement
Pg 83 B. DESE’s proposed change without the “as appropriate”.
Reg 6 DESE responsibilities
Section 3 Child Complaint Process
Pg 94 Filing a complaint (E)and (F) change “problem of the child” to “issue(s) presented in the complaint”
Pg 95 (E) change”should” to “ will”
(D) phone interviews will involve individuals relevant to the allegations, not exclusively an administrator
staff assigned to investigate the complaint will have received minimum eight clock hours of training in investigatory techniques from a recognized formal institution
Supervisor of the child complaint investigators will not be the same supervisor over the compliance division at DESE. This will allow the investigators to act independently. Investigators will not conduct investigations related to an LEA with which he/she was employed.
Post child complaints and corresponding decisions on website (redacted)
Section 9 SE Advisory Panel
Pg 99 Opening paragraph
Change “appointed by the Commissioner of Education” to “ appointed by the executive director of the Governor’s Council on Disability”
Membership: last line add “this majority must be present for a quorum to exist”.
Reg 7
Revert back to class size load calculations of 1994: self-contained ten students maximum, etc.
Reg 8 (1) Responsibility of LEA (page 120)
Do not make a change. I do not agree with DESE’s proposed change. Unapproved agencies should continue to be available for students who have unique needs such that the current “approved” agencies are not available or able to address the student’s need.

Reg 10 State Operated Programs
Section 2 MSSD
Pg 145 Insert (add) between 2) and 3): “ Parent must give informed consent before student records and evaluation information is forwarded to MSSD.”
Adding this will help prevent much confusion and the unexpected consequences of parents railroaded into state schools against their will. Parents need to be informed much earlier than the current system about choices available prior to referral to state schools.
After Section 10 ( Suspension and Expulsion Rates) add a section “DROPUT RATES” that includes collection of data of IDEA students in high school who’s needs are such that the responsible public agency has not been able to provide an appropriate placement, yet is not attending any programming due to lack of placement opportunity.
Section 15 pg 103 “Use of Paraprofessionals and Assistants
Clarification of who a paraeducator, paraprofessional, aide, assistant, personal aide, classroom aide and their credentials/roles.
Section 16 Personnel standards
Chart is missing BCBA (board-certified behavior analyst), needs to be added.
Add clarification for duties, roles and locations of: aide, classroom aide, personal aide, assistant, etc.
Districts who lose funding have monies redirected to:
vouchers for the IDEA students in that district to be used outside of the district.
END OF COMMENT. - http://dese.mo.gov/se/stateplan/proposedstateplan2012.html -
Thank you.