SCS/HB 1683 - ALTERNATIVE EDUCATION PLACEMENT HEARINGS - This act establishes an expedited due process hearing so that parents of a child receiving special education services may challenge certain aspects of placements resulting from disciplinary procedures.

An educational agency may seek an alternative placement for a dangerous or violent student under the expedited process, and the agency must show that there is substantial likelihood the student will injure himself or others, that the agency has made reasonable efforts to minimize that risk, and that the placement will continue to provide access to the general education curriculum.

A hearing officer will render a decision within the federal and state timelines. The hearing officer must be a Missouri-licensed attorney with knowledge or training about disabilities. The act allows electronic findings of fact, decision, and verbatim records, at the parents' option, and permits the expedited hearing procedure to bypass the five-day discovery period for evidence.

The act requires a child to stay in the interim alternative placement pending a proceeding requested by parents, unless the time period for the placement expires first. In the instance of an educational agency's proposed change of placement after an alternative placement arranged because of weapons, drugs, or the child's endangerment of himself or others, the child will stay in his current, pre-alternative placement. The educational agency may request an expedited hearing if the agency believes the current placement is dangerous.

SCHOOL DISTRICTS AND PLACEMENT OF NONRESIDENT CHILDREN - Within 48 hours of enrolling a nonresident pupil, the enrolling school official shall request necessary records on the pupil for placements in the last 24 months. The applicable records include the IEP, diagnostic summary, school history, school records, medical history, court records, placement orders and any criminal history. The request must be responded to within 5 days. The records are confidential with a violation of confidentiality constituting a Class B misdemeanor. If a school entity fails to comply with this section, a civil action will lie with a parent.

The "Interagency Committee on Homes for Children" is created to hear requests from districts on moratoriums or reductions in nonresident placements. The committee is comprised of the directors of Division of Family Services, Division of Youth Services, Elementary and Secondary Education (DESE) and Mental Health (DMH), two superintendents and two circuit judges. The committee must meet at least twice a year, but may be convened upon the call of the chair.

The moratorium or reduction process would allow a district to request a hearing from the committee, which request will be approved or denied within 30 days. Within 60 days after approval, a hearing is held and the committee must reach a decision within 15 days. The committee is also charged with notifying affected child placement agencies when a moratorium or reduction is imposed.

A program is created to provide school-based case managers for districts that have received a moratorium or reduction in nonresident placements. The district is allowed to apply to DESE for supplemental funding of up to $10,000 per case manager. DESE is allowed by rule to establish the program and its criteria.

Section 167.280, RSMo, is amended to broaden the application for funds for support services to high risk students. The factors affecting school performance now include "out of home placement" and the State Board of Education is required to give priority to projects that "enhance interagency cooperation for the coordination of services to pupils interacting with multiple state agencies". Additionally, funds available under this section are allowed to be used for "school-based case management services".

The Department of Health is required to notify DESE and the local school district of requests for new licenses or increases in capacity to any foster home or residential care facility. The district is permitted to file an impact statement with Health and, if the impact will be negative, the license cannot be issued until Health determines the anticipated impact will not occur.

Prior to recommending a nonresident out-of-home placement, the placing agency must consult with DESE and the district to assess the impact of the placement on the district.

The Department of Social Services, DMH and DESE are mandated to develop an interagency agreement by July 1, 1999, that will standardize classifications, terminology, forms and record keeping for all three agencies.

Similar provisions are contained in SCS/SBs 959 and 957.

SHARING OF INFORMATION BY AGENCIES - The act requires the Division of Family Services or the Juvenile Office to share information with a school superintendent or designee, upon request, regarding an active case involving a student. The information would then be told to teachers on a need to know basis, who are required to meet confidentiality requirements.

Similar provisions are contained in SCS/SBs 959 and 957.
OTTO FAJEN

SA 1 - SPECIFIES THAT THE ESTABLISHMENT OF THE INTERAGENCY COMMITTEE ON HOMES FOR CHILDREN AND THE PROGRAM TO PROVIDE FUNDING FOR CASE MANAGERS TO SCHOOL DISTRICTS AFFECTED BY PLACEMENT OF CHILDREN SHALL EACH BE SUBJECT TO APPROPRIATION.