HB 2426 — Establishes provisions relating to parental rights

SECOND REGULAR SESSION [PERFECTED] HOUSE COMMITTEE SUBSTITUTE FOR HOUSE BILL NO.

2426 103RD GENERAL ASSEMBLY 4672H.02C4672H.02P JOSEPH ENGLER, Chief Clerk AN ACT To repeal section 431.061, RSMo, and to enact in lieu thereof fourfive new sections relating to parental rights.

Section 431.061, RSMo, is repealed and fourfive new sections enacted in lieu thereof, to be known as sections 1.390, 1.391, 161.854, 162.192, and 431.061, to read as follows:

As used in this section, "child" means any unemancipated person who has not attained the age of eighteen years and who has not been adjudicated as an adult in a criminalEXPLANATION proceeding— andMatter subsequentlyenclosed beenin committedbold-faced tobrackets [thus] in the custodyabove ofbill theis departmentnot ofenacted corrections.and is intended to be omitted from the law.

EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law.

HCS HB 2426 2 5.criminal proceeding and subsequently been committed to the custody of the department of corrections.

5.

HCS HB 2426 3 (d) The security or surveillance of buildings or grounds;

HCS HB 2426 3 (10) To be notified promptly if any governmental authority suspects that abuse, neglect, or any criminal offense has been committed against the child, unless the governmental authority reasonably believes that notifying the parent is likely to endanger the life or physical safety of the child;

161.854.

1.

As used in this section, the following terms mean:

(1) "Individualized education program" or "IEP", a written statement for a child with a disability that is developed, reviewed, and revised in accordance with 34 CFR 300.320 to 300.324 and under 20 U.S.C.

Section 1401, as amended;

HCS HB 2426 4 (2) "Local educational agency" or "LEA", a public school or other political subdivision of the state serving any student with an IEP;

(3) "Parent", as defined in 34 CFR 300.30, or an emancipated child acting on the child's own behalf;

(4) "Placement", the setting in which a student with a disability will receive such student's special education and related services;

(5) "Public school", the same definition as in section 160.011;

(6) "School day", the same definition as in section 160.041.

2.

Each local educational agency shall implement parental consent procedures as described in 34 CFR 300.300 and this section.

3.

(1) Each local educational agency shall obtain written or electronic parental consent for the following placements, removals, additions, changes, or reductions of services in the individualized education program of a child with disabilities prior to such placement, removal, addition, change, or reduction:

(a) Initial IEP placement and services;

(b) A placement change;

(c) The removal of a service or services;

and (d) The reduction or addition of service minutes of a service by more than twenty-five percent.

(2) The LEA shall maintain written documentation of the date and signature of parental consent for annual placement or revision to the IEP.

4.

(1) (a) If the parents and local educational agency fail to reach an agreement on the child's individualized education program within ten school days but reach an agreement on certain IEP services or interim placement:

a.

The child's current agreed-upon IEP shall be amended to include such areas of agreement until the areas of disagreement are resolved;

and b.

The local educational agency and the parents shall include an addendum in the IEP that specifies the date by which the areas of disagreement shall be resolved, provided that such date shall be within twenty school days of the initial meeting and may be extended an additional twenty school days with consent from both parties if sufficient progress is made or additional agreements are reached.

(b) If the local educational agency or the parents fail to reach an agreement at any time during the IEP process, either party may request a dispute resolution option including, but not limited to:

a.

A facilitated IEP meeting;

b.

A child complaint investigation;

c.