5 CSR — Department of Elementary and Secondary Education

Division 10 Commissioner of Education

Chapter 1 Organization of the Department

5 CSR 10-1.010 General Department Organization {#sec-5-csr-10-1.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 10-1.010}

PURPOSE: This rule describes the organization of the Department of Elementary and Secondary Education, as well as the general courses, methods and procedures where the public may obtain information and make submissions or requests.

(1) The Department of Elementary and Secondary Education (department) is organized under the State Board of Education (board) and serves in an administrative, supervisory, and leadership role as provided by the constitution, statute, and board policy.

(A) Responsibility for policymaking and general oversight of public education rests with the board. The board consists of eight (8) persons who are appointed by the governor for eight- (8-) year terms.

(B) The chief administrative officer of the board is the commissioner of education (commissioner), who is appointed and serves at the pleasure of the board.

(C) The department is made up of two (2) divisions: The Division of Financial and Administrative Services and the Division of Learning Services. A deputy commissioner who reports directly to the commissioner oversees each division.

(2) As a public agency, the department is open to requests, submissions, and inquiries from the public. Regular office hours are maintained from 8:00 a.m. to 4:30 p.m.

Monday through Friday. The following general procedures are established to assist any person or group seeking information or making requests:

(A) Inquiries concerning a program, policy, or procedure administered by the department should be addressed to 205 Jefferson Street, PO Box 480, Jefferson City, MO 65102-0480. Telephone inquiries may be directed to the central department number, (573) 751-4212;

(B) Requests for records and data— 1. Requests pursuant to Chapter 610, RSMo, for existing department records may be made to the records custodian via email at recordscustodian@dese.mo.gov. Please see 5 CSR 10-3.010, Access to Public Records and Fees for Copying of Public Records, for more details;

2. Requests for personal records should be made by an employee, parent, eligible student, client, or person who has been authorized to receive records on their behalf, as follows:

A. Employee record requests should be made to the employee’s human resources office;

B. State school record requests may be made to— (I) The Missouri School for the Blind at 3815 Magnolia Avenue, St. Louis, MO 63110;

(II) The Missouri School for the Deaf at Missouri School for the Deaf, Attn:

Superintendent’s Office, 505 E. 5th Street, Fulton, MO 65251; or (III) The Missouri School for the Severely Disabled at mssd@dese.mo.gov;

C. Parent requests for their student’s Child Complaint documentation or Due Process complaints should be made to secompliance@dese.mo.gov;

D. Adult education and literacy and high school equivalency record requests should be made to ael@dese.mo.gov;

E. Record request for Disability Determination Services and Vocational Rehabilitation should be made to info@vr.dese.mo.gov; and F. Record requests for Veterans’ Education should be made to mosaa@dese.mo.gov; and 3. Requests for data reports should be made to the Office of Data Management via web application at https://apps.dese.mo.gov/DataRequestForm/ DataRequest.aspx;

(C) Questions concerning local school districts in most cases should be directed to the district itself or to the area supervisor; and (D) Meetings of the board are usually held monthly and are open to the public. The date, time, and place of these meetings are publicized as required by section 161.072, RSMo.

Department meetings are held pursuant to

Chapter 610, RSMo, unless otherwise specified by statute.

Amended: Filed Aug. 27, 2013, effective March 30, 2014. Amended: Filed June 16, 2021, effective Feb. 28, 2022. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014, and 536.023, RSMo 1975, amended 1976, 1997, 2004.

History

• AUTHORITY: sections 161.092 and 536.023(3), RSMo 2016. Original rule filed May 28, 1976, effective Oct. 1, 1976. Amended: Filed July 11, 1977, effective Oct. 15, 1977.

Chapter 2 Education Scholarships

5 CSR 10-2.010 Scholarship Granting Organizations {#sec-5-csr-10-2.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 10-2.010}

5 CSR 10-2.020 Scholarships {#sec-5-csr-10-2.020 omnilex-key=us-mo-regs-official--title-5--5 CSR 10-2.020}

5 CSR 10-2.030 Eligibility for Scholarships {#sec-5-csr-10-2.030 omnilex-key=us-mo-regs-official--title-5--5 CSR 10-2.030}

Chapter 3 Public Records

5 CSR 10-3.010 Access to Public Records and Fees for Copying of Public Records {#sec-5-csr-10-3.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 10-3.010}

PURPOSE: This rule supplements the requirements of Chapter 610, RSMo, and prescribes requirements for individuals and organizations to gain access to public records of the Missouri Department of Elementary and Secondary Education and the fees for copying of those public records.

(1) In this rule the following words shall mean:

(A) The “department” shall mean the Missouri Department of Elementary and Secondary Education including any office, division, section, center, unit, or part thereof; and (B) The remainder of the terms used in this

rule shall have the same meaning as that set forth in Chapter 610, RSMo.

(2) For requests for public records made under Chapter 610, RSMo, the Chief Communications Officer of the department shall be the custodian of records. All requests for access to, or copying of, public records made to the department under Chapter 610, RSMo, shall be directed to the Chief Communications Officer. Such requests may be made in person, by telephone, electronic mail, facsimile, internet, postal mail, or by any other convenient means to the department’s Custodian of Records at the following address: Chief Communications Officer, Department of Elementary and Secondary Education, PO Box 480, Jefferson City, MO 65102; or recordscustodian@dese.mo.gov.

(3) Copies of public records shall be provided by the department and shall be subject to the department’s collection of search, research, copy fees, and shipping charges as set forth in

section 610.026, RSMo. Requesters may avoid shipping charges by accepting their records electronically or by picking up their requested documents at Governmental Affairs Office, Missouri Department of Elementary and Secondary Education, 205 Jefferson Street, 6th Floor, Jefferson City, MO 65101.

Requesters shall request to pick up their requested records at the time of their initial request.

(4) Fees for duplicating other types of records and other formats including electronic data shall be based on the actual cost of search and duplication, or as otherwise provided by section 610.026, RSMo.

History

• AUTHORITY: sections 161.092, 610.010– 610.020, and 610.022–610.030, RSMo 2016, and section 610.021, RSMo Supp. 2021. Original rule filed June 16, 2021, effective Feb. 28, 2022. Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014, and 610.010–610.030, RSMo, See Revised Statutes of Missouri 2016 and Supp. 2021.

Division 20 Division of Learning Services

Chapter 100 Office of Quality Schools

5 CSR 20-100.105 Missouri School Improvement Program–5 {#sec-5-csr-20-100.105 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-100.105}

5 CSR 20-100.120 Advanced Placement and International Baccalaureate Fee Payment {#sec-5-csr-20-100.120 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-100.120}

5 CSR 20-100.130 General Provisions Governing the Consolidated Grants Under the {#sec-5-csr-20-100.130 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-100.130}

5 CSR 20-100.140 General Provisions Governing the Consolidated Grants for the Federal {#sec-5-csr-20-100.140 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-100.140}

5 CSR 20-100.255 Missouri School Improvement Program–5 Resource and Process {#sec-5-csr-20-100.255 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-100.255}

5 CSR 20-100.290 Charter School Expedited Replication and Expansion Application {#sec-5-csr-20-100.290 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-100.290}

5 CSR 20-100.310 General Provisions Governing Programs Authorized Under Early Childhood Development, Education, and Care {#sec-5-csr-20-100.310 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-100.310}

5 CSR 20-100.330 General Provisions Governing Programs Authorized Under the Early SECONDARY EDUCATION {#sec-5-csr-20-100.330 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-100.330}

5 CSR 20-100.105 Missouri School Improvement Program–5 {#sec-5-csr-20-100.105 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-100.105}

(Rescinded January 30, 2024)

2011. Original rule filed Aug. 18, 2011, effective March 30, 2012.

Rescinded: Filed June 14, 2023, effective Jan. 30, 2024.

History

• AUTHORITY: sections 160.514, 160.526, and 167.131, RSMo 2000, and sections 160.518, 161.092, 162.081, and 168.081, RSMo Supp.

5 CSR 20-100.110 Programs for Gifted Children {#sec-5-csr-20-100.110 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-100.110}

PURPOSE: The Department of Elementary and Secondary Education has the responsibility under section 162.720, RSMo, to approve applications for special programs for gifted students.

This rule establishes the standards for program approval and administrative procedures for the programs. publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) For the purposes of special programs for gifted students, the programs shall be designed for academic areas, the fine arts, or both.

(2) Annually, the department solicits applications from eligible Local Educational Agencies which shall be due as of a date and in a form established by the department. Anyone interested in receiving a copy of the Gifted Education Program Guidelines (April 2024), which is incorporated by reference and made a

part of this rule as published by the department, may contact the Gifted Education Section, 205 Jefferson Street, PO Box 480, Jefferson City, MO 65102-0480, and at its website at https:// dese.mo.gov/quality-schools/gifted-education and at https:// dese.mo.gov/governmental-affairs/dese-administrativerules/ incorporated-reference-materials. This rule does not (3) Approved applications must demonstrate that the applicant has— (A) Established a systematic process for identification and selection of gifted students. This process shall use multiple criteria for identification and selection such as, but not limited to, equitable and objective measures and competent professional evaluation; and (B) Listed each individual instructional staff position and for each position, the amount of time which will be spent in the gifted program, the number of gifted students to be served and the delivery system to be used.

(4) For approved programs, districts shall maintain on file in the district— (A) The program goals and learner outcomes that should be achieved by gifted students participating in the program;

(B) The program activities that shall be beyond the level normally provided in regular school programs and that contribute particularly to meeting the identified unmet needs of gifted students; and (C) The results of an annual evaluation used to determine the effectiveness of the program as a whole and the program’s impact upon participating students.

(5) Instructional personnel in the program for gifted students shall possess the appropriate certification for the gifted program service they are providing.

(A) In districts with an average daily attendance of more than three hundred fifty (350) students, any teacher providing gifted services shall be certificated in gifted education.

(B) In districts with an average daily attendance of three hundred fifty (350) students or fewer, any teacher providing gifted services will not be required to be certificated to teach gifted education; however, the teacher must annually participate in at least six (6) clock hours of professional development focused on gifted services. The school district will pay for any costs required for professional development focused on gifted services.

(6) Instructional positions and assignments in the stateapproved program shall be reported in a manner and format approved by the department on the annual core data reports.

section 162.720, RSMo Supp. 2024.* This rule was previously filed as 5 CSR 70-742.120 and 5 CSR 50-200.010. Original rule filed May 20, 1974, effective May 30, 1974. Amended: Filed Dec. 24, 1975, effective Jan. 3, 1976. Amended: Filed Nov. 7, 1977, effective March 1, 1978. Rescinded and readopted: Filed March 7, 1979, effective July 14, 1979. Amended: Filed Aug. 21, 1980, effective Dec. 15, 1980. Amended: Filed Feb. 26, 1991, effective Aug. 30, 1991. Rescinded and readopted: Filed Jan. 31, 1994, effective July 10, 1994. Amended: Filed Sept. 20, 2006, effective May 30, 2007.

Moved to 5 CSR 20-100.110, effective Aug. 16, 2011. Amended: Filed Feb. 29, 2016, effective Oct. 30, 2016. Amended: Filed Oct. 26, 2021, effective May 30, 2022. Amended: Filed April 15, 2024, effective Nov. 30, 2024. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014; 162.675, RSMo 1973, amended 1974, 1977, 2002, 2005, 2007, 2008; and 162.720, RSMo 1973, amended 1974, 2016, 2018, 2022.

History

• AUTHORITY: sections 161.092 and 162.675, RSMo 2016, and

5 CSR 20-100.120 Advanced Placement and International Baccalaureate Fee Payment Programs {#sec-5-csr-20-100.120 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-100.120}

(Rescinded June 30, 2019)

Rescinded: Filed Nov. 5, 2018, effective June 30, 2019.

History

• AUTHORITY: section 161.092, RSMo Supp. 2014, and section 178.430, RSMo 2000. This rule previously filed as 5 CSR 50- 200.050. Emergency rule filed June 17, 1998, effective June 28, 1998, terminated July 24, 1998. Original rule filed June 17, 1998, effective Dec. 30, 1998. Moved to 5 CSR 20-100.120, effective Aug. 16, 2011. Amended: Filed Feb. 29, 2016, effective Oct. 30, 2016.

5 CSR 20-100.125 Missouri School Improvement Program 6 {#sec-5-csr-20-100.125 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-100.125}

PURPOSE: This rule implements an accountability system for Missouri public school districts and is designed to stimulate and encourage continuous improvement in student performance. An assessment of school districts’ practices and educational outcomes will enable the State Board of Education to classify districts as (10/31/24) John R. Ashcroft required by state law.

(1) The following definitions will be used in administering this

rule:

(A) Academic Success: Academic Success is defined as a compilation of Standards TL1 –Success-Ready Students, EA1 – Academic Achievement which lead to success in the next grade level or chapter in a student’s life;

(B) Educational Equity: Educational equity exists when there is an intentional focus on learning outcomes and the allocation of resources ensure that each student is purposefully engaged and is provided rigorous instruction, meaningful supports, and relevant educational experiences;

(C) School System: School system includes a local board and a school district or charter school. Standards used for measurement in each type of system have been noted in

Appendix A;

(D) Students: Students include all children age 3-21 who are enrolled in the school system;

(E) Student Groups: Identified student groups refers to all traditional student groups including: Asian/Pacific Islander, black, Hispanic, American Indian, white, multi-racial, students with disabilities, English language learners, and low-income students. Other demographic groups may be developed for reporting; and (F) Well-being: Well-being includes the physical (safety, environmental), social-emotional, and intellectual needs of students.

(2) Pursuant to section 161.092, RSMo, this rule is to be effective two (2) years from the date of adoption of the proposed rule by the State Board of Education (board). The Missouri School Improvement Program (MSIP) 6 Standards and Indicators,

Appendix A, included herein, is comprised of quantitative and qualitative standards for school districts and charter schools.

(3) School district and charter school performance will be reviewed annually by the Department of Elementary and Secondary Education (department) in accordance with this

rule, including the standards, using the appropriate scoring guide, forms, and procedures outlined by the department.

Review of these data will guide the department in determining school districts in need of improvement, in determining the appropriate level of intervention necessary for significant and sustained improvement in student achievement, and in evaluating charter sponsors. Decisions will be made using multiple years of data.

(4) The board will assign school district classification designations of unaccredited, provisionally accredited, accredited, and accredited with distinction.

(5) Districts identified through MSIP as needing improvement must submit a continuous school improvement plan for approval by the department.

(6) A classification designation based on the standards of MSIP will remain in effect until the board approves another classification designation. The board may consider changing a district’s classification designation upon its determination that the district has — (A) Failed to implement any required school improvement plan at an acceptable level;

(B) Demonstrated significant change in student performance over multiple years;

(C) Employed a superintendent or chief executive officer without a valid Missouri superintendent’s certificate in a K-12 school district, or employed a superintendent or chief executive officer without a valid Missouri superintendent’s or elementary principal’s certificate in a K-8 school district;

(D) Experienced significant change in the scope or effectiveness of the programs, services, or financial integrity upon which the original classification designation was based; and/or (E) Failed to comply with a statutory requirement.

(7) A local board of education (local board) that is dissatisfied with the classification designation assigned by the board shall request reconsideration within sixty (60) calendar days of notice received of the original classification. The request for reconsideration shall be submitted to the commissioner of education and state the specific basis for reconsideration, including any errors of fact to support reconsideration. Review by the board shall be scheduled within sixty (60) calendar days of receipt of the request for reconsideration and shall be based upon the materials submitted with the original classification, the request for reconsideration, and any materials offered by the commissioner of education or requested by the board.

Department of Elementary and Secondary Education – MSIP 6 Standards and Indicators

Appendix A _______________________________________________________________________________________ Leadership (L)

School Board Leadership *L1—The local board and superintendent/chief executive officer engage in ongoing professional learning and selfevaluation in order to strengthen governance practices.

A. The local board ensures that the district is guided by a vision, mission, and limited number of focused goals, all of which are the basis for the district’s continuous improvement process.

B. Local board members complete all legally required board training within the mandated timeframe.

C. The local board and the superintendent/chief executive officer engage in professional learning designed to improve governance practices.

D. The local board and the superintendent/chief executive officer regularly evaluate governance team strengths and opportunities for improvement.

Ethics L2—The local board and administration conduct school system business in an ethical, legal, and transparent manner.

A. The local board adopts and administration enforces all policies related to legal and professional ethics for all employees.

B. The local board adopts and adheres to its policy on legal and professional ethics for school board members.

C. The local board and administration conduct business in compliance with the Missouri Open Meetings and Records Act.

D. The superintendent/chief executive officer ensures that individual requests from local board members are considered by the local board as a whole.

Continuous School Improvement *L3—The local board adopts, monitors, and annually reviews the implementation and outcomes of the Continuous School Improvement Plan (CSIP) that focuses on district performance and improvement.

A. The CSIP, developed in meaningful collaboration with internal and external stakeholders, is the product of and based upon a data-based needs assessment.

B. The local board ensures that the CSIP focuses on the academic preparation and well-being of each student.

C. The CSIP contains:

1. Clear statements of mission and vision;

2. Limited number of focused goals and objectives;

3. Evidence-based action steps and strategies;

4. Timelines for implementation and monitoring;

5. Persons responsible for implementation and monitoring;

6. Funding sources; and 7. Any other information needed to implement the plan.

D. The local board regularly monitors the implementation and outcomes of the CSIP.

E. The CSIP guides the development and implementation of other plans (Building Improvement Plan, Professional Development Plan, Facilities Plan, etc.).

Operations and Resource Management L4—The school system manages school operations and resources to promote each student’s academic success and wellbeing in accordance with priorities established in the CSIP.

A. The school system deliberately allocates both fiscal and non-fiscal resources to align with CSIP priorities and matters of equity.

B. The local board and administration regularly and systematically engage in long-range financial, facilities, and infrastructure planning.

C. The budget is developed through a transparent process that complies with law and is approved by the local board.

D. The local board establishes budget parameters, including minimum fund balances, to guide budget development.

E. The local board and administration follow sound financial practices and follow all laws and regulations regarding audits, bids, contracts, and purchases.

School Board Policy L5—The local board establishes and implements policies that provide a framework within which the school system operates and ensures legal compliance.

A. The local board and administration have a systematic process for establishing, adopting, and revising policies so that they are clear, current, and legally compliant.

B. The local board, administration, and staff implement and enforce policy when conducting school system business.

C. The local board approves documents and reports as required by policy and law.

D. The school system’s policies and handbooks are posted on the system’s website or are otherwise available to the community.

Superintendent Roles, Responsibilities, and Evaluation L6—The local board(s) employs and evaluates the job performance of an appropriately certificated superintendent/chief executive officer to manage school system operations.

A. The local board(s) delegates operational decisions to the superintendent/chief executive officer and administration.

B. The local board(s) conducts a performance-based superintendent/chief executive officer evaluation process based upon clear, written, and measurable targets that are aligned with professional educator leader standards and school system performance measures.

C. The superintendent/chief executive officer’s evaluation process is implemented in accordance with the Essential Principles of Effective Evaluation and 5 CSR 20-400.375.

D. The local board(s) establishes and follows a clear timeline for the superintendent/chief executive officer’s evaluation process, contract decisions, and salary determination.

Personnel and Program Evaluation L7—The local board and administration ensure the use of an effective evaluation process for all employees and a systematic program evaluation process for the school system’s programs, practices, and procedures for the attainment of the vision, mission, and goals.

A. The local board and administration consistently use data to make decisions.

B. The local board and administration ensure the implementation of performance-based evaluations that are aligned to 5 CSR 20-400.375 for certificated staff and to appropriate job descriptions and duties for non-certificated staff.

C. The local board ensures that personnel evaluations are comprehensive, performance-based, and aligned with state standards.

D. The local board regularly reviews goals, objectives, and the effectiveness of all programs and services, which support the mission and vision of the district.

E. The local board annually approves the Professional Development Plan and other plans as required by statute and local board policy.

F. The local board approves the leadership development plan to ensure continuity for staff turnover and succession.

Communication L8—The school system provides for two-way, reliable, and representative communication with all stakeholders.

A. The school system implements and annually reviews a communications plan that outlines multiple methods for two-way, reliable communication with all stakeholders.

B. The school system regularly communicates to all stakeholders the progress in attainment of the systems mission, vision, and goals.

Personnel L9—The local board and administration provide sufficient staffing of qualified and highly effective personnel to achieve the school system’s vision, mission, and goals.

A. Administration manages personnel resources, both professional and support staff, to address each student’s learning needs.

B. The school system maintains a system of recruitment and support to ensure a high-quality, student-centered staff.

C. The local board employs sufficient additional administrators to provide for the leadership and management of the district.

School Safety L10—The school system actively addresses school safety and security in all facilities.

A. The school system, in consultation with public safety officials and stakeholders, develops, implements, and reviews annually a comprehensive school emergency operations plan for the school system and each school or site as applicable.

1. The plan broadly addresses safety, crises, and emergency operations.

2. The plan addresses prevention, preparation, operations, and follow-up.

3. The plan includes consideration of supporting mental health needs of all involved in any crisis.

B. Local board policy requires the school system to employ a designated safety coordinator who demonstrates knowledge of all federal, state, and local school violence and prevention programs and resources that are available to students, teachers, and district staff.

C. The school system annually conducts a physical security site assessment at each facility, utilizing nationally accepted methodology.

D. The school system ensures emergency preparedness drills are performed in compliance with state statute and local ordinance.

E. The school system implements a cyber/privacy security plan, utilizing nationally accepted standards.

F. The school system ensures access to Missouri’s school violence anonymous reporting tip line.

G. All school system staff participate in relevant school safety and violence prevention training.

Effective Teaching and Learning (TL)

Success-Ready Students **TL1—Students and identified student groups demonstrate on-track performance on multiple measures of success by meeting or exceeding the state standard and/or demonstrating significant measurable improvement.

A. Students demonstrate readiness for school entry in alignment with the Missouri Early Learning Standards.

B. Beginning in elementary school, students demonstrate regular school attendance.

C. Beginning in elementary school, students demonstrate on-track performance through department designated measures of literacy and numeracy.

D. No later than eighth grade, students have developed Individual Career Academic Plans (ICAP) that are based on career exploration experiences.

E. Beginning in middle school, students demonstrate collaboration, leadership, and communication skills through participation in curricular, co-curricular, extra-curricular, community-based activities, or service learning.

F. Students demonstrate work ethic and character.

G. Beginning in high school, students demonstrate academic readiness by scoring proficient on at least two required Endof-Course Assessments.

H. Beginning in high school, students may demonstrate employability skills through participation in Career and Technical Student Organizations (CTSO) and/or a Seal of Biliteracy.

I. Students in high school progress through academic work on a schedule appropriate to graduate.

J. Beginning in high school, students demonstrate postsecondary readiness through any of the following:

1. A combination of a career readiness assessment score that meets the state standard combined with an Industry Recognized Credential (IRC) or Career and Technical Education Certificate (CTEC).

2. A combination of a college readiness assessment and an IRC or CTEC.

3. A combination of a college readiness assessment score that meets the state standard and advanced credit that meets the state standard.

4. Successful completion of an advanced professional studies program, Registered Youth Apprenticeship, departmentapproved internship, or other department-approved work-connected experience.

5. Participation in the Pre-Employment Transition Services Program through Vocational Rehabilitation.

6. Confirmed postsecondary employment, college application, other postsecondary training, or military commitment.

7. Completion of early college or associates degree or the CORE 42.

8. Completion of stackable credentials.

9. Other department-approved work readiness measures.

High-Quality Early Learning *TL2—The school system ensures the birth through prekindergarten population has access to high-quality early learning experiences.

A. The school system informs family and community members about the importance of early learning experiences.

B. The school system provides the Parents as Teachers program for early learning experiences.

C. The school system identifies well-rounded, developmentally-appropriate preschool opportunities available to children.

D. The school system measures the effectiveness of early learning experiences (e.g., self-assessments using Environmental Rating Scale, Classroom Assessment Scoring System, other department-approved classroom environmental assessment, or Parents as Teachers National Center Quality Endorsement and Improvement Process).

High-Quality Career Education *TL3—The school system is intentional in providing relevant, high-quality career technical education and/or advanced professional studies based on students’ ICAPs.

A. The school system implements department-approved career technical education program(s) leading students to attain an industry-recognized credential or CTEC, a postsecondary degree, or entry into the workplace with a skill set conducive toward career advancement.

B. The school system provides access to career-connected experiences that include solving authentic problems, working in professional environments, and engaging in curriculum developed with industry professionals.

C. The school system implements broadly-based elementary and middle school career awareness and exploration programs, which align with high school and career center curriculum.

D. The school system ensures the career technical education program has a written curriculum for each course with a balance among classroom/laboratory instruction, leadership, professional competency development, personal learning, and assessment of technical skill attainment.

E. The school system ensures the appropriate CTSO is affiliated with the state and national organizations and is an intracurricular element of the associated program.

F. The school system uses a system of data collection and evaluation to provide the necessary information for program review and development.

Intra- and Interpersonal Skills *TL4—The school system prepares students through the development of essential intrapersonal and interpersonal skills.

A. The school system ensures opportunities for students to develop initiative and engage in collaborative problem solving.

B. The school system ensures opportunities for students to be part of one or more co-curricular, extracurricular, or leadership opportunities and CTSOs.

C. The school system ensures that social-emotional skills aligned with the Missouri Early Learning Standards, the Missouri Learning Standards, and the Missouri Comprehensive School Counseling Program are integrated into the teaching process.

Teacher/Leader Standards *TL5—The school system implements board-adopted teacher/leader standards to ensure effective instructional staff for each student.

A. The school system uses professional educator standards when making decisions on employing, evaluating, and retaining instructional staff and administrators.

B. The school system implements an educator evaluation process aligned to the Essential Principles of Effective Evaluation for all instructional staff and administrators.

C. School system and building-level leaders provide leadership development opportunities for all educators.

D. The school system provides an effective induction and mentoring process for all instructional staff and administrators.

Effective Instructional Practices *TL6—Evidence-based instructional practices are implemented to ensure the success of each student.

A. Students receive literacy instruction throughout all grades using a variety of evidence-based methods.

B. Building leaders monitor and provide feedback on the use of effective evidence-based practices.

C. Instructional staff design and use appropriate, meaningful, and rigorous learning tasks for each student.

Multi-Tiered System of Support TL7—The school system provides a comprehensive multi-tiered system of support that addresses the academic, emotional, behavioral, social, and physical needs of each student.

A. The school system establishes learning and behavioral supports that are identified, coordinated, and implemented with fidelity at the classroom, building, and system level.

B. The school system monitors the implementation of these supports through observation, program evaluation, and data analysis.

C. The school system implements a written process for the early identification of students’ needs and implements differentiated learning and behavioral supports for each student.

D. The school system uses targeted student assessment and data collection to monitor, evaluate, and inform decision-making to identify and implement successful learning and behavioral supports.

E. The school system collaborates with community partners to provide information and resources to students and parents/ guardians to address barriers impacting student success.

F. The school system implements methodologies to support social-emotional learning, culturally responsive teaching, and trauma-informed practices based on student need.

Professional Learning TL8—Professional learning activities support effective instructional practices in the school system.

A. The school system ensures all instructional staff participate in scheduled, ongoing, job-embedded, and content-appropriate professional learning focused on evidence-based instructional practices, staff growth goals, and student performance goals outlined in the CSIP.

B. The school system provides time and resources for the professional learning of each staff member.

Use of Technology to Improve Instruction TL9—The school system ensures that technology effectively supports teaching and learning.

A. The school system supports curricular and assessment needs by providing adequate technology infrastructure, connectivity, personnel, and digital resources.

B. The school system provides access to current technologies, digital resources, and ongoing professional learning for all instructional staff.

C. The school system provides access to virtual learning experiences, programs, and courses.

D. The school system evaluates the impact of information and communication technology on teaching and learning.

Comprehensive School Counseling Program TL10—The school system provides school counseling services to support the career, academic, and social/emotional development of all students.

A. The school system ensures a system-wide school counseling program, consistent with the Missouri Comprehensive School Counseling Program framework, is fully implemented in every building.

B. Beginning no later than 7th grade, building leaders ensure each student participates in an individual planning process designed to assist in a successful transition to postsecondary experiences (e.g. college, technical school, the military or the workforce, etc.).

C. Individual Career and Academic Plans (ICAPs) are developed and annually reviewed for each student starting no later than 8th grade and continuing through 12th grade.

D. Each student has equitable access to responsive services and resources to assist them in addressing issues and concerns that may affect their academic, career, and social-emotional needs.

E. The school system monitors system supports as a crucial component in the full implementation of a comprehensive school counseling program.

F. The school system provides student support in the form of school counseling and additional supports such as school psychologists, social workers, nurses, and therapists, based on local context and student need.

G. The school system implements an evaluation system for school counselors that provides feedback based on school counselor standards and indicators.

Library Media Services TL11—The school system provides high-quality library media resources that effectively serve learners and educators.

A. The school system establishes library media services that support, enhance, and enrich the curriculum.

B. Library media staff collaborate with instructional staff to integrate library media resources into the instructional program.

C. The school system develops and maintains a diverse collection of digital, informational, and reading resources appropriate to the curriculum, learners, and instructional practices and programs.

Class Size and Assigned Enrollments TL12—The school system ensures class-sizes are consistent with grade-level and program standards.

The school system ensures individual class enrollment is consistent with the following guidelines:

A. The school system ensures that PK class sizes meet the requirements of 5 CSR 20-100.320 Prekindergarten Program Standards.

B. The school system ensures full-time elementary special (e.g., art, music, physical education, computers, library, etc.) teachers serve no more than seven hundred fifty (750) students per week (duplicated count).

C. The school system ensures that other alternative class size limits are met for the following exceptions: Student enrollment in a classroom may increase by as many as ten (10) students for any period that a paraprofessional assists the classroom teacher full-time, or by as many as five students when a paraprofessional assists the teacher half-time (paraprofessionals paid for with Title I and special education funds cannot be used to increase class size).

1. Multi-grade classrooms will not exceed standards for the lowest grade enrolled. High schools can combine sections of the same subject in beginning and advanced levels (e.g., Spanish I and Spanish II or Spanish III and Spanish IV). Total combined enrollment in such classes should not exceed twenty-five (25) students.

2. Enrollment in performing arts and physical education classes may exceed regular class-size limits if adequate supervision and facilities are provided for safe and effective instruction.

D. Adequate self-directed planning time, at least two hundred fifty (250) minutes per week, is provided to certificated and licensed educators who provide instruction to students on a full-time basis (prorated as appropriate). Plan time is based on local context and is aligned to best practice guidelines.

Collaborative Climate and Culture (CC)

Safe, Orderly, and Caring Environment CC1—The school system provides a safe and caring environment that supports teaching, learning, and student success.

A. The school system implements trauma-informed methodologies, implements youth suicide awareness and prevention practices, and provides responsive services based on student need and local context.

B. The school system provides staff, teachers, parents/guardians, and students access to the school system’s written code of conduct, which specifies unacceptable student behavior and consequences for that behavior.

C. The school system’s code of conduct is equitably and consistently enforced during any school related activity whether on or off school property.

D. The school system promotes respect for individual differences (e.g., diversity training, diversity awareness, policies, and Library Staffing Ratios:

StudentsFTEStudents FTE 1-200.201-150 .20 201-400 .40 151-300 .40 401-600 .60 301-450 .60 601-800 .80 451-600 .80 801-1000 1.00 601-750 1.00 1001-1200 1.20 751-900 1.20 1201-1400 1.40 901-1050 1.40 1401-1600 1.60 1051-1200 1.60 1601-1800 1.80 1201-1350 1.80 1801-2000 2.00, etc. 1351-1500 2.00, etc.

Student – Teacher Ratios:

GRADES MINIMUM

Prekindergarten (PK) 20 10 K-2 25 17 3-4 27 20 5-6 30 22 7-12 33 25 Library Staffing Ratios:

StudentsFTEStudents FTE 1-200.201-150 .20 201-400 .40 151-300 .40 401-600 .60 301-450 .60 601-800 .80 451-600 .80 801-1000 1.00 601-750 1.00 1001-1200 1.20 751-900 1.20 1201-1400 1.40 901-1050 1.40 1401-1600 1.60 1051-1200 1.60 1601-1800 1.80 1201-1350 1.80 1801-2000 2.00, etc. 1351-1500 2.00, etc.

Student – Teacher Ratios:

GRADES MINIMUM

Prekindergarten (PK) 20 10 K-2 25 17 3-4 27 20 5-6 30 22 7-12 33 25 procedures).

E. The school system provides training on and ensures the implementation effective practices on violence-prevention instruction, including information on preventing and responding to harassment and bullying, for each student and staff member.

Culture of High Academic and Behavioral Expectations *CC2—The school system establishes a culture focused on learning, characterized by high academic and behavioral expectations for each student.

A. Leadership develops a systematic process for establishing and maintaining a positive learning climate.

B. Staff and students share in the responsibility for learning by being actively engaged in learning and demonstrating appropriate standards of behavior and attendance.

C. The school system gathers and analyzes data on student violence, substance abuse, and bullying, and modifies programs and strategies to ensure safe and orderly schools.

Collaborative Partnerships *CC3—The school system creates and maintains collaborative opportunities and relationships with school districts, business, industry, postsecondary institutions, and other entities to create or maintain well-rounded educational opportunities for students and educators.

A. The school system develops reciprocal partnerships with postsecondary institutions, businesses, industry, charitable organizations, non-profit organizations, cultural organizations, and commercial entities for the benefit of students and educators.

B. The school system maintains strong collaborative relationships with parent organizations, industry-based programs, stakeholders, and other entities within the larger community to support students and educators.

Parent/Guardian Involvement *CC4—The school system intentionally engages parents/guardians to create effective partnerships that support the development and achievement of their students.

A. The school system incorporates formal strategies that include parents/guardians in the educational process.

B. The school system ensures parent/guardian education activities take place as required by the Early Childhood Development Act (ECDA).

C. The school system actively cooperates with other agencies, parents/guardians, and community groups (e.g., parent teacher organizations) to provide information related to child development and/or parenting skills.

D. Each school building implements processes and strategies to create a welcoming environment for all families.

Data-Based Decision Making (DB)

Data Submission DB1—The school system submits data required by the department in an accurate and timely manner.

A. The school system ensures the annual tax rate calculation and forms are submitted in an accurate and timely manner.

B. The school system meets the requirements for an independent audit and submits the audit to the department on time.

C. The school system ensures the Annual Secretary of the Board Report is submitted in an accurate and timely manner.

D. The school system ensures the underlying data used to generate accountability reports are accurate, and that corrections/ appeals are submitted in a timely manner.

E. The school system ensures that any other required data are submitted in an accurate and timely manner.

Continuous and Innovative Improvement *DB2—School system and building leaders are intentional agents of continuous and innovative improvement to provide relevant learning experiences that promote academic success so each student can meet the changing demands of the world around them.

A. School system and building leaders use a variety of data (e.g., longitudinal, demographic, diagnostic, and perceptual) to support and inform system-wide decisions.

B. School system and building leaders establish a cycle of continuous improvement that includes reflection, data collection, analysis, planning, feedback, and evaluation.

C. School system and building leaders use an intentional feedback system to improve and refine performance.

D. School system and building leaders facilitate analysis of individual student data to improve the instructional process and student growth.

Climate and Culture Data *DB3—The school system gathers school climate and culture data from all stakeholder groups, analyzes and shares the results, and implements strategies for improvement.

A. The school system uses evidence-based methods of collecting data (e.g., surveys, observational methods, and behavior reports) that recognize the range of factors which shape school culture and climate.

B. The school system assures student voices are heard and respected.

C. The school system establishes procedures for using culture and climate findings to develop and revise systemwide improvement goals and implementation strategies.

D. The school system provides school culture and climate data and reports periodically to all stakeholders.

Collaborative Teams *DB4—School-based collaborative educator teams, inclusive of all educators, are operational and focus on effective practices.

A. Educator teams collaboratively develop common purposes and goals for improved student outcomes that embrace continuous school improvement.

B. Educator teams effectively implement group processes in collaborative meetings.

C. Educator teams collaboratively analyze student data to provide appropriate interventions for students’ instructional and behavioral needs.

D. Educator teams engage in data-informed decision-making.

E. Educator teams act reflectively.

F. Educator teams design lessons collaboratively.

G. Educator teams examine student work and assessments.

H. Educator teams develop curriculum collaboratively.

I. Educator teams address positive classroom learning environments.

Alignment of Standards, Curriculum, and Assessment (AS)

Viable Curriculum Aligned to Missouri Learning Standards AS1—Instructional staff implement a comprehensive, rigorous, guaranteed, and viable curriculum for all instructional courses and programs aligned to the Missouri Learning Standards where applicable.

A. The school system’s curriculum aligns externally to all Missouri Learning Standards and the English language development standards and internally between grade levels and courses.

B. Building leaders and instructional staff ensure the written, taught, and assessed curriculum are aligned.

C. The school system develops written procedures to ensure the written curriculum is implemented and is evaluated.

Prekindergarten instructional staff are included when the program is offered by the system.

D. The school system implements a systematic plan for developing and/or revising the curriculum for all content areas.

E. The school system provides opportunities for each student to excel (e.g., gifted and/or enrichment, at-risk, special education, etc.).

F. Educators provide learning opportunities that are aligned to the district curriculum and have clearly identified and communicated learning targets.

Assessments Aligned to Missouri Learning Standards *AS2—The school system implements a comprehensive assessment system including state required and locally selected assessments.

A. Instructional staff administer assessments required by the Missouri Assessment Program to measure academic performance for each student.

B. The school system has a local board-approved comprehensive written student assessment plan that includes all assessments administered and the purposes for which the assessments are used.

C. The school system regularly reviews performance data, for all students and disaggregated by student groups, to effectively monitor student academic achievement.

D. Instructional staff use disaggregated data to adjust instruction for identified student groups and has criteria for evaluating the effectiveness of these adjustments.

E. Adjustments to curriculum, instruction, and intervention strategies are made based on interim, formative, and summative assessment data and other student work.

F. Instructional staff ensure classroom assessments include the use of higher order thinking and problem-solving skills, as well as complex reasoning skills.

G. Building leaders and instructional staff provide timely, descriptive, and constructive feedback from assessments to students and parents/guardians.

H. The school system develops and conducts reliable local assessments for standards currently not assessed on the MAP.

Equity and Access (EA)

Academic Achievement **EA1—The school system administers assessments required by the Missouri Assessment Program (MAP) to measure academic achievement and demonstrates improvement in the performance of its students over time.

A. The performance of all students on each required assessment meets or exceeds the state standard and/or demonstrates the required growth or improvement.

B. The performance of each student on each assessment and students in identified student groups meets or exceeds the state standard and/or demonstrates the required growth or improvement.

C. The percentage of students and identified groups of students tested on each required MAP assessment meets or exceeds the state standard.

Graduation Rate **EA2—The school system ensures all students successfully complete high school.

A. All students and identified student groups complete an educational program, which meets the graduation requirements as established by the local board and meets or exceeds the state standard and/or demonstrates the required improvement.

Follow-Up Rate of Graduates **EA3—The school system prepares all students and identified groups of students for postsecondary success.

A. All graduates and identified groups of graduates, who after graduation are successfully– 1. enrolled in a college/university, 2. enrolled in a trade/technical school (or program), 3. employed, or 4. in the military, and meet or exceed the state standard and/or demonstrate the required improvement.

B. The school system analyzes five (5)-year follow-up data on their graduates and uses the results to inform– 1. program evaluation, 2. strategic planning, and 3. other decision making.

Equity of Educational Experiences EA4—The school system intentionally focuses on educational outcomes and the allocation of resources to ensure that each student is purposefully engaged and is provided rigorous instruction, meaningful supports, and relevant educational experiences.

A. The school system ensures each student, particularly low-income and minority students, has equitable access to qualified, experienced, and effective teachers, learning experiences, academic and social supports, and other resources necessary for success in all content areas.

B. The school system implements policies to address student misconduct in a positive, fair and unbiased manner.

C. The school system initiates and promotes collaborative relationships with community partners, agencies, and institutions that promote open dialogue and respect for multiple perspectives.

D. The school system monitors equity gaps between student groups (e.g., gifted and/or enrichment, at-risk, special education, etc.), applies strategies to reduce barriers between student groups, and implements strategies to address equity gaps between student groups. * Measured for continuous improvement report ** Measured for student performance report

History

• AUTHORITY: section 161.092, RSMo 2016. Original rule filed Nov. 8, 2019, effective June 30, 2020. Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014.

5 CSR 20-100.130 General Provisions Governing the Consolidated Grants Under the Elementary and Secondary Education Act (ESEA) {#sec-5-csr-20-100.130 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-100.130}

PURPOSE: The Department of Elementary and Secondary Education (department) has the authority to receive and expend federal funds for educational programs and to establish rules and regulations for the administration of the programs in accordance with controlling federal statutes and regulations. This rule sets forth the general provisions governing programs operated by local educational agencies (LEAs) under Title I Part A, Title I Part C, Title I Part D, Title II Part A, Title III, Title IV Part A, Title V Part B, and Title IX under ESEA, P.L. 89-10. publication of the entire text of the material that is incorporated The following provisions are incorporated by reference and made part of this rule: P.L. 89-10, which is available by contacting the U.S. Government Publishing Office, 732 North Capitol Street NW, Washington, DC 20401-0001, as published in February 2023. Copies of this law can also be obtained from the Department of Elementary and Secondary Education, Office of Quality Schools, 205 Jefferson Street, PO Box 480, Jefferson City, MO 65102-0480 and at https://dese.mo.gov/ governmental-affairs/deseadministrative-rules/incorporatedreference-materials; and the ESEA Administrative Manual (revised February 2023) is hereby incorporated by reference and made a part of this rule as published by the Department of Elementary and Secondary Education, Office of Quality Schools, 205 Jefferson Street, PO Box 480, Jefferson City, MO 65102-0480, and its website at https://dese.mo.gov/qualityschools/federal-programs/federal-legislation-guidance and at https://dese.mo.gov/governmental-affairs/dese-administrativerules/incorporated-reference-materials. This rule does not

rule previously filed as 5 CSR 50-321.010. Original rule filed April 29, 1997, effective Nov. 30, 1997. Amended: Filed April 21, 1999, effective Nov. 30, 1999. Moved to 5 CSR 20-100.130, effective Aug. 16, 2011. Amended: Filed Feb. 10, 2022, effective Sept. 30, 2022.

Amended: Filed Feb. 10, 2023, effective Sept. 30, 2023. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014, and 178.480, RSMo 1963.

History

• AUTHORITY: sections 161.092 and 178.480, RSMo 2016. This

5 CSR 20-100.140 General Provisions Governing the Consolidated Grants for the Federal and State Discretionary Programs {#sec-5-csr-20-100.140 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-100.140}

(Rescinded September 30, 2022)

Rescinded: Filed Feb. 10, 2022, effective Sept. 30, 2022.

History

• AUTHORITY: section 178.480, RSMo 1994. This rule previously filed as 5 CSR 50-321.020. Original rule filed March 22, 1999, effective Sept. 30, 1999. Moved to 5 CSR 20-100.140, effective Aug. 16, 2011.

5 CSR 20-100.160 Policies and Standards for Summer School Programs {#sec-5-csr-20-100.160 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-100.160}

PURPOSE: This rule establishes policies and standards for public school districts and charter schools which choose to conduct summer school programs that will qualify for state aid in accordance with Chapter 163, RSMo.

(1) Summer school programs, approved by the local board of education, may be held any time between the close of the regular school term and the beginning of the next regular school term. School districts with a “year-round” regular term schedule may conduct an approved component of summer school during the breaks in the regular term. A summer school program consists of a planned schedule of course offerings for Missouri domiciled students at the elementary or high school level. An approved summer school program for students without disabilities must be in session for at least one hundred twenty (120) clock hours. Summer school programs for students with disabilities are to be aligned to the Individualized Education Program (IEP).

(2) A school board may authorize the operation of summer school programs at the elementary or high school level, or both. Minimum clock hours for programs are included in section (1). An elementary summer school program may include any combination of grades kindergarten through eight (K–8). A high school summer school program may include any combination of grades seven through twelve (7–12). A school district or charter school may operate one (1) or more summer school programs at any level. Minimum clock hours apply to each program. Schools may “stack” a variety of classes to meet the requirement of one hundred twenty (120) clock hours. Under the “stacking” method, typically sixty (60) hours o f instruction are offered at the elementary level with sixty (60) hours of instruction offered at the secondary level for a combined total of one hundred twenty (120) clock hours. The clock hours of regular summer school classes may be combined with the clock hours of special education extended school year programs to reach the one hundred twenty (120) clock hour requirement. With the exception of special education programs, individual courses or segments consist of a minimum of thirty (30) hours. Minimum time requirements exclude break time and lunch time. School districts with “yearround” regular term schedules may include instructional hours offered in a structured summer school program held during breaks in the regular term.

(A) Title I summer school hours may not be used in the “stacking” method per federal law.

(3) The curriculum in an approved summer school program at any level includes one (1) or more of the following academic areas as the major portion of the clock hours of instruction in the program: elementary school—language arts, mathematics, science, social studies; and high school—language arts, mathematics, science, social studies, practical arts.

(A) Any course which may be offered in the regular school term may be approved for summer school with the exception of physical education hours that do not count as credit toward graduation for students in grades nine (9), ten (10), eleven (11) and twelve (12). Special approval must be requested for summer school courses that would require special approval during the regular term.

(B) Activities such as gymnastics, weight lifting, tennis, and swimming lessons conducted under the sponsorship of the school cannot be included as part of the approved summer school program unless they are an integral part of a comprehensive physical education course which is part of the scheduled clock hours of instruction in the approved summer school program.

(C) Non-curricular programs such as camps and athletic practices may be offered but not included in clock hour requirements or for summer school membership and/or the associated attendance hours for state aid purposes.

(4) The attendance of resident students between the ages of six and twenty (6–20) in grades one through twelve (1–12) and students who are eligible to attend kindergarten the next fall (must be five (5) years old before the first day of August of the school year beginning in that calendar year) may be counted for summer school state aid purposes in accordance with

Chapter 163, RSMo.

(5) Summer school teachers must have valid Missouri teacher certification.

(6) Summer school program applications and reports shall be submitted in a form and at a time as may be required by Department of Elementary and Secondary Education (DESE).

Filed Nov. 15, 1977, effective Feb. 15, 1978. Amended: Filed Aug. 12, 1983, effective Dec. 12, 1983. Amended: Filed May 11, 1995, effective Dec. 30, 1995. Amended: Filed Jan. 16, 2008, effective Aug. 30, 2008. Moved to 5 CSR 20-100.160, effective Aug. 16, 2011. Amended:

Filed Sept. 20, 2018, effective May 30, 2019. *Original authority: 161.092(2), RSMo 1963, amended 1973, 2002, 2003, 2013, 2014; 163.011, RSMo 1963, amended, 1967, 1973, 1977, 1982, 1985, 1986, 1988, 1992, 1993, 1996, 1997, 1998, 1999, 2001, 2002, 2005, 2006, 2007, 2008, 2009, 2014, 2015, 2016; 163.021(2), RSMo 1963, amended 1973, 1982, 1983, 1984, 1988, 1992, 1993, 1996, 1997, 1998, 2005, 2006, 2015, 2018; 163.031, RSMo 1963, amended 1965, 1967, 1969, 1975, 1976, 1977, 1982, 1984, 1985, 1986, 1993, 1996, 1997, 1998, 2000, 2004, 2005, 2006, 2009, 2014, 2015, 2016; 167.227, RSMo 1990; and 178.280, RSMo 1963, amended 1973, 1977.

History

• AUTHORITY: sections 161.092(2), 163.011, 163.031, 167.227, and 178.280, RSMo 2016, and section 163.021(2), RSMo Supp. 2018. This rule previously filed as 5 CSR 50-340.050. Original rule filed May 14, 1971, effective May 24, 1971. Rescinded and readopted:

5 CSR 20-100.170 Missouri School Improvement Program {#sec-5-csr-20-100.170 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-100.170}

(Rescinded June 30, 2014)

Rescinded: Filed Oct. 29, 2013, effective June 30, 2014.

History

• AUTHORITY: sections 161.092 and 168.081, RSMo Supp. 2003 and 162.081 and 167.131, RSMo 2000. This rule previously filed as 5 CSR 50-345.100. Original rule filed June 30, 2004, effective Jan. 30, 2005. Moved to 5 CSR 20-100.170, effective Aug. 16, 2011.

5 CSR 20-100.180 Waivers of Regulations {#sec-5-csr-20-100.180 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-100.180}

(Rescinded August 30, 2016)

History

• AUTHORITY: sections 160.518, 160.545 and 161.092, RSMo Supp. 2003 and 161.210 and 163.031, RSMo 2000. This rule previously filed as 5 CSR 50-345.200. Original rule filed June 30, 2004, effective Jan. 30, 2005. Moved to 5 CSR 20-100.180, effective Aug. 16, 2011. Rescinded: Filed Jan. 25, 2016, effective Aug. 30, 2016.

5 CSR 20-100.185 Show-Me Success Diploma Program {#sec-5-csr-20-100.185 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-100.185}

PURPOSE: This rule outlines the criteria for the Show-Me Success Diploma, an alternative pathway to graduation for high school students that may be earned at any point between the end of the student’s tenth-grade year and the conclusion of the student’s twelfth-grade year as outlined in section 160.560, RSMo.

(1) Definitions.

(A) Proportionate share of the state, local, and federal aid shall be defined as the sum of the following divided by total September membership and shall be paid by the school district or charter school from local or unrestricted state funds:

1. Property taxes and delinquent taxes;

2. School District Trust Fund (Prop C);

3. Merchants’ and manufacturers’ tax revenues;

4. Financial institutions’ tax revenues;

5. City sales tax revenue, including city sales tax collected in any city not within a county;

6. Payments in lieu of taxes;

7. Revenues from state-assessed railroad and utilities tax;

8. Total state revenue; and 9. Total federal revenue.

(B) Local aid shall not be construed to include— 1. Charitable contributions, gifts, and grants made to the school district or charter school;

2. Interest earnings of school districts and student fees paid to school districts; and 3. Debt service authorized by a public vote for the purpose of making payments on a bond issuance of a school district.

(C) Intent to enroll. For purposes of section (3) of this rule, intent to enroll is demonstrated by an acceptance letter from the postsecondary institution and notification to the postsec ondary institution of acceptance or payment of enrollment deposit.

(D) Qualifying postsecondary institution shall be defined as an institution that participates in a student aid program operated by the U.S. Department of Education.

(E) Pupil attendance percentage shall be defined as the district or charter school’s prior year average attendance percentage calculated by using the prior year average K-12 membership divided by the prior year regular term K-12 Average Daily Attendance (ADA).

(2) Local education agencies (LEAs) may provide a course of study for a Show-Me Success Diploma. The course of study must include all graduation requirements required by state law.

(3) For LEAs to count a Show-Me Success Diploma graduate in their attendance data for state aid purposes, the LEA must— (A) Allow the student to remain in high school and participate in a program of study available in the LEA; or (B) Document that the student has enrolled in or demonstrated the intent to enroll in a postsecondary program that participates in a student aid program operated by the U.S.

Department of Education.

(4) LEAs who elect to offer a Show-Me Success Diploma Program must demonstrate that its program graduates have the skills and knowledge necessary to be successful in col lege-level courses offered by community colleges in this state that count toward a degree or certificate.

(A) Students earning a Show-Me Success Diploma must demonstrate qualifying scores in each subject on one of the following measures:

MeasureEnglishMathematicsScience Required End-of- Course (EOC)

English II Algebra I or other required assessment Biology Course Grade English II or Algebra I or Biology or and;

(B) Students earning a Show-Me Success Diploma must demonstrate qualifying scores in each subject on one (1) of the following assessments:

AssessmentEnglish ScoreMathematics Score Accuplacer®92 Sentence Skills 85 Reading 114 Arithmetic 116 Elementary Algebra ACT®1822 Asset®4123 SAT®430510

History

• AUTHORITY: section 161.092, RSMo 2016, and section 160.560, RSMo Supp. 2023. Original rule filed June 14, 2023, effective Jan. 30, 2024. Original authority: 160.560, RSMo 2022, and 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014.

5 CSR 20-100.190 Graduation Requirements for Students in Public High Schools {#sec-5-csr-20-100.190 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-100.190}

PURPOSE: This rule establishes minimum graduation requirements for public schools.

(1) High School Graduation Requirements. Twenty-four (24) units of credit are required for graduation. The requirements are stated in terms of the number of units of credit that must be earned in each subject area:

Subject Area Units of Credit Communication Arts 4.0 Social Studies 3.0 Mathematics 3.0 Science 3.0 Fine Art 1.0 Practical Arts 1.0 Physical Education 1.0 Health Education .5 Personal Finance .5 Electives 7.0 Total Credits 24.0 (2) The minimum high school graduation requirements should focus on competencies and align with the Missouri Learning Standards. The Missouri Learning Standards are located on the Department of Elementary and Secondary Education (DESE) website.

(3) Local Board Policies. Local boards of education must adopt and disseminate written policies concerning graduation.

The policies must clearly set forth all requirements and all allowable variations. Local graduation policies must include at least the state minimum requirements and may exceed the state minimums by requiring more total units of credit, requiring more units within a particular subject, or establishing additional requirements.

(4) Accommodation of Students with Disabilities: Local school boards must establish policies and guidelines that ensure students with disabilities have the opportunity to earn credits toward graduation in a non-discriminatory environment.

(5) Variances and Substitutions. The state minimum graduation requirements cannot be applied with absolute uniformity in every case. Students’ individual situations sometimes require consideration of variances and alternatives. If a local board chooses to allow these variances and alternatives, it must do so through officially adopted policies and procedures that will ensure fair and consistent application of its policies.

History

• AUTHORITY: section 161.092, RSMo 2016. This rule previously filed as 5 CSR 50-345.300. Original rule filed June 30, 2005, effective Jan. 30, 2006. Moved to 5 CSR 20-100.190, effective Aug. 16, 2011. Amended: Filed Nov. 15, 2018, effective June 30, 2019. Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014.

5 CSR 20-100.200 A+ Schools Program {#sec-5-csr-20-100.200 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-100.200}

PURPOSE: This rule establishes minimum requirements for the administration of the A+ Schools Program.

(1) The Department of Elementary and Secondary Education (department) Office of Quality Schools (QS) is authorized to establish procedures for the implementation of the A+ Schools Program including:

(A) Public school district, charter school, and nonpublic school participation; and (B) Initial and continued designation as an A+ school.

(2) To participate in the A+ Schools Program, the chief administrator and school board of a public school district or charter school with secondary schools or a nonpublic secondary school must— (A) Demonstrate a commitment to the established program goals. These goals are to ensure that all students:

1. Graduate from high school;

2. Complete a selection of high school studies that is challenging and has identified learning expectations; and 3. Proceed from high school graduation to a community college, postsecondary career-technical school, or high wage job with work place skill development opportunities;

(B) Provide assurance that the eligible secondary school will:

1. Establish measurable performance standards for the program;

2. Specify the knowledge, skills, and competencies in measurable terms, that students must demonstrate to successfully complete any individual course offered by the school, and any course of studies which will qualify students for graduation from the school;

3. Establish student performance standards, that lead to or qualify students for graduation, and meet or exceed the performance standards adopted by the State Board of Education (board);

4. Require rigorous coursework with standards of competency in basic academic subjects for students pursuing career-technical education or employment; and 5. Develop a partnership plan in cooperation and with the advice of local business persons, labor leaders, teachers, senior citizens, parents, and representatives of colleges and postsecondary career-technical schools, with the plan then approved by the local board of education. The plan shall specify:

A. A mechanism to receive updated information on an annual basis from those who developed the plan in order to best meet the goals of the program;

B. Procedures used in the school to identify students that may drop out of school and the intervention services to be used to meet the needs of such students;

C. Counseling and mentoring services provided to students who will enter the work force upon graduation from high school, address apprenticeship, and intern programs; and D. Procedures for the recruitment of volunteers from the community to serve in the school;

(C) Designate a certificated employee to serve as the A+ Schools Program coordinator. Nonpublic schools will designate a qualified employee to serve as the A+ Schools Program coordinator.

(3) Public and nonpublic high schools may be designated by the board as A+ Schools when they demonstrate that they have:

(A) Made significant progress or attained the three (3) established program goals of the A+ Schools Program; and (B) Met the established program requirements of the A+ Schools Program.

Filed Sept. 27, 2000, effective May 30, 2001. Amended: Filed Feb. 28, 2003, effective Sept. 30, 2003. Amended: Filed Nov. 28, 2006, effective June 30, 2007. Moved to 5 CSR 20-100.200, effective Aug. 16, 2011. Amended: Filed Feb. 28, 2012, effective Sept. 30, 2012.

Amended: Filed Sept. 20, 2018, effective May 30, 2019. *Original authority: 160.545, RSMo 1993, amended 2002, 2008, 2009, 2010 and 161.092, RSMo 1963, amended 1973, 2002, 2003.

History

• AUTHORITY: section 161.092, RSMo 2016, and section 160.545, RSMo Supp. 2018. This rule was previously filed as 5 CSR 60- 120.060 and 5 CSR 50-350.040. Original rule filed Nov. 10, 1993, effective June 6, 1994. Changed to 5 CSR 50-350.040 and amended:

5 CSR 20-100.210 Persistently Dangerous Schools {#sec-5-csr-20-100.210 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-100.210}

PURPOSE: This rule will be used in Missouri to establish state compliance with the federal requirement set forth in the Every Student Succeeds Act of 2015, and to determine if any Missouri public elementary and secondary schools are “persistently dangerous.”

(1) The following definition(s) apply to this rule:

(A) Expulsions are defined as removal from school by local board action for an indefinite period of time unless the student is reinstated by the local board of education.

(B) A victim is a student who suffered a personal injury or injury to his or her property as a direct result of a violent criminal offense. The definition of victim does not include bystanders or witnesses to the act or friends or classmates of the victim unless they, too, suffered personal or property injury as a direct result of a violent criminal offense.

(2) A Missouri public elementary or secondary school is persistently dangerous if the following conditions exist:

(A) In each of three (3) consecutive years— 1. The school has a federal and/or state gun-free schools violation; or 2. An “act of school violence” or “violent behavior” as set forth in section 160.261, RSMo is committed on school property which includes, but is not limited to, school buses or school activities; and (B) In any two (2) years within the three- (3-) year period listed above, the school experienced expulsions by local board action, for drug, alcohol, weapons, or violence that exceed one (1) of the following rates:

1. More than five (5) expulsions per year for a school of less than two hundred fifty (250) students;

2. More than ten (10) expulsions per year for a school of more than two hundred fifty (250) students but less than one thousand (1,000) students; or 3. More than fifteen (15) expulsions per year for a school of more than one thousand (1,000) students.

(3) A student shall be allowed to attend a safe public school within the district, if that student is enrolled in a persistently dangerous school as defined above or becomes a victim of a violent criminal offense while on school property which includes, but is not limited to, school buses or school activities.

(4) For the purpose of determining a persistently dangerous school, at a minimum, shall be any offense that would require school administrators to, as soon as reasonably practical, notify the appropriate law enforcement agency. An “act of school violence” or “violent behavior” shall be reported by the school district to the Department of Elementary and Secondary Education (DESE) through Core Data.

History

• AUTHORITY: sections 160.261, 161.092, and 167.171, RSMo 2016. This rule previously filed as 5 CSR 50-355.100. Original rule filed Jan. 14, 2003, effective Aug. 30, 2003. Moved to 5 CSR 20-100.210, effective Aug. 16, 2011. Amended: Filed June 29, 2017, effective Jan. 30, 2018. Original authority: 160.261, RSMo 1985, amended 1987, 1995, 1996, 2000, 2001, 2004, 2008, 2010, 2011, 2012, 2013, 2014; 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014; and 167.171, RSMo 1963, amended 1969, 1973, 1977, 1986, 1987, 1995, 1996, 1999, 2000, 2004, 2013, 2014.

5 CSR 20-100.220 Internet Filtering {#sec-5-csr-20-100.220 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-100.220}

PURPOSE: This rule sets the Internet filtering standards for public schools.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated (1) Public school districts and public charter schools that offer public access computers, as defined in section 182.825, RSMo, must implement software and/or develop a policy that restricts minors’ ability to access pornographic material pursuant to

section 182.827, RSMo.

(2) Public school districts and public charter schools that receive discounts for internet access and internal connections pursuant to 47 U.S.C. section 254(h) and (l) must certify that they are compliant with the Children’s Internet Protection Act (CIPA) (47 CFR section 54.520), which requires the public school district or public charter school to have an Internet safety policy. Therefore, 47 U.S.C. section 254 and 47 CFR section 54.520 are hereby incorporated by reference and made part of this rule, as published by the U.S. Government Publishing Office, 732 North Capitol Street, NW, Washington, DC 20401- 0001, on June 2021. A copy of these regulations can also be obtained from the Department of Elementary and Secondary Education, Office of Quality Schools, 205 Jefferson Street, PO Box 480, Jefferson City, MO 65102-0480, and its website at https://dese.mo.gov/governmental-affairs/dese-administrativerules/incorporated-reference-materials. This rule does not (3) Public school districts and public charter schools must annually certify to the Department of Elementary and Secondary Education through the Assurance Checklist if they have met either section (1) or (2) of this provision, based on their circumstances.

History

• AUTHORITY: sections 161.092, 182.825, and 182.827, RSMo 2016. This rule previously filed as 5 CSR 50-380.020. Original rule filed Oct. 29, 2002, effective April 30, 2003. Moved to 5 CSR 20-100.220, effective Aug. 16, 2011. Amended: Filed June 17, 2021, effective Feb. 28, 2022. Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014; 182.825, RSMo 2002; and 182.827, RSMo 2002.

5 CSR 20-100.230 Virtual Instruction Program {#sec-5-csr-20-100.230 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-100.230}

PURPOSE: This rule establishes policies and procedures for the Missouri Department of Elementary and Secondary Education (department) to implement a public virtual school program to serve school-age students residing in the state, as authorized by section 161.670, RSMo. There are two (2) paths to become an approved Missouri Course Access and Virtual School Program (MOCAP) provider, through the procurement process or in partnership with a local education agency (LEA). This rule specifically addresses requirements for LEAs; the same requirements are addressed by the procurement process. publication of the entire text of the material that is incorporated (1) General Information.

(A) MOCAP publishes a course catalog of approved courses on its website for any kindergarten through grade twelve (K-12) students residing in Missouri. All MOCAP teachers are Missouri appropriately certified. All courses offered through MOCAP are aligned with Missouri Learning Standards. Failure of an LEA provider established through section 161.670.3(14), RSMo, to stay in compliance with this rule may result in the department revoking, suspending, or taking other corrective action regarding the authorization of the provider and/or courses.

(B) The department shall publish a MOCAP guidance document on its website. The department will provide the guidance document for all school districts, charter schools, and virtual providers in written and electronic forms.

(2) Access.

(A) LEAs.

1. LEAs shall inform parents/guardians of their child’s right to participate in MOCAP by providing a copy of the department’s guidance document to every student and parent or legal guardian of every student enrolled in the LEA at the beginning of each school year, and at the time of enrollment for students enrolling at a different time of the school year. LEAs shall provide a readily viewable link to the electronic version of the guidance document on the main page of the LEA’s website.

LEAs shall ensure that the availability of the MOCAP program is made clear in the— A. Parent/Guardian Handbook;

B. Registration documents; and C. LEA website by featuring the MOCAP website link on the LEA’s homepage.

(B) MOCAP Providers.

1. All MOCAP providers shall ensure students have weekly, ongoing interaction with their assigned teachers, for the purposes of instruction, feedback, and/or communication.

2. All MOCAP providers shall ensure enrolled students have multiple methods of communication with teachers such as email, telephone, office hours, and synchronous tools (e.g., online chat, etc.). This must include providing students with a direct form of verbal communication. A general phone number that requires students to “hold for the next available teacher,” or something similar, is not acceptable. All MOCAP providers’ teachers should respond to student messages within twenty-four (24) hours on school days, defined as non-holiday weekdays, when school is in session.

3. The LEA shall be able to interact with unhosted MOCAP course providers’ educators from whom the LEA has students receiving instruction, as needed, throughout the online course via multiple methods such as email, telephone, office hours, and synchronous tools (e.g., online chat, etc.). This communication shall not be limited to one (1) specific method.

4. Each full-time MOCAP hosted provider shall develop, adopt, and post on the provider’s website a policy outlining the consequences, including disenrollment, for a student who fails to complete required instructional activities, as outlined in section 161.670.4(1)(a)-(h), RSMo. The parent shall have the opportunity to present information prior to any final disenrollment decision.

5. If a full-time MOCAP hosted provider disenrolls a student from a full-time program for failure to complete required instructional activities, the full-time provider shall provide written notification to the student’s school district of residence within five (5) business days, defined as any non-holiday weekday. The student’s school district of residence shall then provide to the parent or guardian of the student a written list of available educational options within the next five (5) business days. The resident district shall enroll the student in the selected option according to regular district enrollment procedures.

(3) MOCAP Provider and Course Inclusion in the MOCAP Catalog. There are two (2) methods by which virtual providers and virtual coursework will be included in the MOCAP Catalog:

(A) Request for Proposals. If more than one (1) provider is determined to be in compliance with the provisions of

section 161.670, RSMo, the requirements of this rule, to meet qualifications of the MOCAP Qualified Vendor List, to be responsive to the request for proposal issued by the department by meeting the standards for course alignment to Missouri State Learning Standards, web accessibility for students with disabilities, agreeing to all mandatory contractual terms specified within the request for proposal, agreeing to acceptable contractual terms for all negotiable contractual items within the request for proposal, and section 162.1250, RSMo, the department shall ensure that multiple content providers are allowed; and (B) LEAs.

1. LEAs may request that the department include virtual courses offered by the LEA in the MOCAP catalog.

2. In order to be included in a MOCAP catalog, LEAs must make requests to the MOCAP office by January 1 for inclusion in the fall catalog and by July 1 for inclusion in the spring catalog.

3. An LEA offering online courses or full-time online programming is deemed to be an approved provider; however, before courses are included in the MOCAP catalog, the LEA must demonstrate that it meets the requirements of sections 161.670 and 162.1250, RSMo, and other requirements for doing business in Missouri, as required by law, including but not limited to— A. Pricing and billing structures meet the requirements of section 161.670, RSMo;

B. Student information is secure and the LEA’s designee signs the department’s attestation that they have measures in place to comply with the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. section 1232g; 34 CFR Part 99) and to prevent data breaches and that data breaches are reported pursuant to sections 162.1475 and 407.1500, RSMo;

C. Courses are taught by teachers appropriately certified by the department as required by section 161.670, RSMo;

D. Courses meet the standards of Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. section 794(d)), to assure compliance with federal web accessibility laws;

E. Courses are aligned to Missouri State Learning Standards;

F. Provide assurance through Cloud Service Agreement Review;

G. Provide the MOCAP checklist to the department to indicate which accommodations and modifications the provider is able to offer;

H. Certify business status, enrollment documentation, and work authorization when services are not provided directly by the LEA;

I. Integrate with and utilize the student information system contracted by the department for student enrollment and data collection; and J. Provide information to the department regarding products or services performed at sites outside of the United States, employee conflicts of interest, and proposed subcontractors.

4. If an LEA sponsors, co-brands, licenses, purchases, contracts for, or otherwise offers through MOCAP any virtual courses or a full-time virtual program, the LEA is the approved provider and must comply with the MOCAP provider’s responsibilities under state law.

(4) Reporting. The following are requirements for reporting MOCAP coursework:

(A) LEAs will report MOCAP courses using the appropriate Core Data delivery system codes specified by the department;

(B) Providers.

1. Providers must— A. Ensure that an Education Services Plan (ESP) and Collaborative Agreement is created to provide all services required to ensure a free and appropriate public education (FAPE);

B. Monitor individual student progress and engagement of students enrolled in MOCAP courses with non-hosted providers, as related to the student’s instructional activities, as outlined in section 161.670.4(1)(a)-(h), RSMo; provide student progress reports for each student enrolled in MOCAP courses at least four (4) times per school year to the resident LEA; provide the resident school district ongoing access to academic and other relevant information on student progress and engagement; and terminate or alter the course offering if it is found the course is not meeting the educational needs of the students;

C. In consultation with the host LEA, terminate or alter the virtual school program if it is not meeting the educational needs of the students;

D. Transmit reports to the department in a manner and format and on a timeline specified by the department;

E. Provide LEAs with accurate and timely progress reporting for MOCAP course enrollments through a secure online portal, updated at least weekly;

F. Provide LEAs with monthly billing invoices based on the student’s completion of assignments and assessments for MOCAP course enrollments that include the student’s overall progress and current grade in the course; and G. Submit Student Membership data for full-time virtual program attendance center to the department in Core Data reports to ensure that state aid calculations can be completed.

2. All courses offered by MOCAP providers must use course numbers established by the department.

(5) MOCAP Course Enrollment Process.

(A) Each LEA shall adopt an enrollment policy by which a student may enroll into MOCAP courses that is substantially similar to the typical process the LEA would use to enroll students into non-virtual courses.

1. If a student, excluding students with an Individualized Education Program (IEP) or a Section 504 plan, requests enrollment in a MOCAP course, the LEA must either approve or deny the initial request within ten (10) business days. The ten (10) business day period will begin when the LEA receives the request.

2. If the LEA denies the student’s request to enroll in a MOCAP course, the LEA must provide written notification stating the reasons for the denial, with the reasons being for good cause. Good cause justification for denial is based on the educational best interests of the student and shall be consistent with the determination that would be made by the LEA for similar course requests, except that the LEA may also consider the suitability of virtual coursework based on prior participation in virtual courses by the student.

3. The LEA may not deny a student his or her choice of a MOCAP program because the LEA does not generally approve of virtual learning or because the LEA prefers a different virtual course or program.

4. A failure to render and communicate the initial decision and the right to appeal denial to the student and student’s guardians within ten (10) business days will be deemed to be an enrollment approval.

(B) MOCAP enrollment decisions for students with disabilities must be made by the student’s IEP team or Section 504 committee.

(C) The LEA shall create an appeal process for denials of MOCAP course enrollments available to parents or guardians that uses a process which is substantially similar to the process that is available to students for appeals for students seeking to enroll in courses offered by the LEA. The LEA’s governing board must render a decision within thirty (30) days.

(6) MOCAP Full-Time Hosted Program Enrollment Process.

(A) Each host LEA of a full-time virtual school program under MOCAP must operate and implement the following enrollment policy for students interested in enrolling in the program of his or her choice:

1. All necessary enrollment decisions should be made within ten (10) business days, unless additional time is necessary to complete the process;

2. The full-time virtual provider and host district shall make an enrollment decision after an enrollment request from a parent or guardian and provide the student’s parent or guardian with written notification of an enrollment decision;

3. To the extent that the resident LEA wishes to provide relevant information and input related to the student’s requested enrollment into the MOCAP program, it must do so within ten (10) business days of notice of the student’s enrollment application and will complete an ESP and Collaborative Agreement for any student only if additional services are deemed necessary;

4. For any enrolling full-time MOCAP student, the host district will verify and document the student’s Missouri residency as defined under section 167.151, RSMo;

5. For any enrolling full-time MOCAP student with an existing IEP, the host district will use the IDEA transfer process to conduct the student’s IEP team meeting;

6. For any enrolling full-time MOCAP student, including students receiving special education services under IDEA, the student’s parent or guardian, the virtual provider, the host district, and any other relevant party must work in good faith to create an ESP and Collaborative Agreement to the extent required to ensure a FAPE that considers and outlines all education services and supports, facilities and financial terms needed for the educational programming of the student. The host district must complete a final draft of the student’s ESP, Collaborative Agreement, and enrollment plan; and 7. Any full-time MOCAP student disenrolled from a hosted program who was not enrolled in his or her resident district prior to enrolling in the full-time MOCAP program will be counted as a dropout student in Core Data for the host district if after the resident district fulfills its obligations under section 161.670.4(4) another school does not request the records of the student and the student’s parent or guardian has not filed a declaration as provided in section 167.042, RSMo.

(B) If a student’s enrollment request is denied, the full-time MOCAP provider shall provide a written notification to the student, the student’s parent or guardian, the host LEA, and the resident LEA setting forth the enrollment decision, and all reasons for such disapproval. The full-time MOCAP provider must provide such notification by the twelfth business day after the resident LEA is notified of the student’s enrollment application and has provided information and input regarding the application or has not done so within the ten (10) business days allowed for such information. Failure to provide such written notification regarding the enrollment decision within that time frame will result in the application being deemed approved.

(C) The full-time MOCAP provider must create an appeals process for any denial of an enrollment request that allows the parent or guardian a reasonable opportunity to present to the program’s head of school, executive director, or similarly titled program leader any relevant information to be considered on appeal. The determination by the parent that the program is in the best educational interest of the student shall be given significant weight and will only be overruled based upon a preponderance of the evidence that the virtual program is not in the best educational interest of the student. The fulltime MOCAP provider must render a decision within three (3) business days.

(7) Each semester, LEAs must file with the department, in a manner and at the time specified by the department, the number of MOCAP applications they received along with the number of applications approved and the number denied.

(8) Instructional Process.

(A) LEAs.

1. Special Education/Section 504 Requirements.

A. Pursuant to the IDEA (20 U.S.C. section 1400, et seq., and its implementation regulations at 34 CFR section 300) and the Americans with Disabilities Act (Section 504) (42 U.S.C.

section 12101, et seq., and its implementation regulations at 34 CFR section 104), the identification and education of students with disabilities or students who are in need of accommodations contained in an IEP and/or a Section 504 plan is the responsibility of the LEA that enrolls the student.

B. The IEP team or Section 504 committee of the student is responsible for making the determination that registering a student with an IEP or a Section 504 plan in a MOCAP course is in the educational best interest of the student and will confer FAPE.

C. If the IEP team or the Section 504 committee determine that a student’s enrollment in MOCAP is appropriate, then the IEP or Section 504 plan may be revised to include the services, aids, supports, accommodations, and modifications that will be required in order for the IEP or Section 504 plan to be reasonably calculated to confer educational benefit to the student.

D. If an IEP team or a Section 504 committee determines that a student may enroll in MOCAP courses, the LEA shall send the MOCAP provider a description of the accommodations and modifications contained in the IEP or Section 504 plan. The LEA and provider(s) must work closely together to develop and implement a monitoring protocol or process to ensure that the provider is implementing the accommodations and modifications as written in the IEP or Section 504 plan. This will include participation in IEP team or Section 504 committee meetings by the provider’s teacher, as necessary.

E. If a provider fails to implement accommodations and modifications, the IEP team or the Section 504 committee may reconsider approval for the student taking virtual courses at any time.

F. The LEA (through the IEP team or the Section 504 committee) may initially, or after reevaluation, determine that based upon a student’s unique needs, an online program is not appropriate to confer FAPE, even with the provision of appropriate and individualized accommodations, modifications, aids, or services. Such a determination is subject to the parents’/guardians’ rights and procedural safeguards under IDEA and Section 504, respectively.

G. The LEA shall provide to the MOCAP course provider the reasons for any determination by an IEP team or a Section 504 committee to discontinue any online program for a student enrolled in MOCAP courses, when it is related to failure on the

part of the provider to provide the required accommodations and modifications.

(B) MOCAP Providers.

1. MOCAP providers shall furnish LEAs, parents or guardians, and students with policies on academic integrity, internet etiquette, plagiarism, and privacy before the beginning of each course. These policies must be emailed to the LEAs, parents/ guardians or guardians, and students. The provider must post copies of all academic integrity, internet etiquette, and privacy information on the provider’s website before providing courseware or services to any student.

2. MOCAP providers will treat all student personally identifiable information, as that term is defined in 34 CFR

section 99.3, as confidential, whether or not the student has been officially enrolled in the provider’s program. Providers will notify the department, any impacted LEAs, and its affiliates and subcontractors, if applicable, in the event of a data breach relating to student personally identifiable information, within twenty-four (24) hours, and will follow all applicable state and federal law with respect to required parent/guardian and student notifications.

3. Student-teacher ratios shall not exceed the recommended Missouri School Improvement Program (MSIP) classroom size guidelines for seated instruction set forth in 5 CSR 20-100.125.

Within five (5) business days after receiving a student-teacher ratio request from the department, the course provider shall provide proof this requirement is being met.

4. Prior to adding a teacher or changing a teacher’s course assignment during a semester, the provider shall communicate with the department to ensure certification requirements are met.

5. Special Education/Section 504 Requirements.

A. MOCAP providers must— (I) Sign and return the accommodations and modifications checklist to the department;

(II) Work closely with the LEA to develop and implement a monitoring protocol or process to ensure that the accommodations and modifications are being implemented by the provider as written in the IEP or Section 504 plan. This will include participation in IEP team or Section 504 committee meetings by the provider’s teacher, as necessary; and (III) Work with the LEA staff to ensure that a student’s IEP goals are being met and/or that a student has the required accommodations and modifications.

(9) 20 U.S.C. section 1232g; 34 CFR part 99; 29 U.S.C section 794(d); 20 U.S.C. section 1400 et seq.; 34 CFR section 300; and 42 U.S.C. section 12101, et seq., are incorporated by reference and made a part of this rule as published by the U.S. Government Publishing Office, 732 North Capitol Street NW, Washington, DC 20401-0001 in January 2023. Copies of these regulations can also be obtained from the Department of Elementary and Secondary Education, Office of Quality Schools, Education Support Services Section, 205 Jefferson Street, PO Box 480, Jefferson City, MO 65102-0480 and at https://dese.mo.gov/ governmental-affairs/dese-administrativerules/incorporatedreference-materials.

Original rule filed Sept. 12, 2007, effective March 30, 2008. Moved to 5 CSR 20-100.230, effective Aug. 16, 2011. Amended: Filed Jan. 15, 2019, effective Aug. 30, 2019. Amended: Filed June 12, 2020, effective Jan. 30, 2021. Amended: Filed Dec. 14, 2020, effective July 30, 2021. Amended: Filed Jan. 17, 2023, effective May 30, 2024. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014, and 161.670, RSMo 2006, amended 2018.

History

• AUTHORITY: section 161.092, RSMo 2016, and section 161.670, RSMo Supp. 2023. This rule previously filed as 5 CSR 50-500.010.

5 CSR 20-100.250 Charter Schools {#sec-5-csr-20-100.250 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-100.250}

(Rescinded March 30, 2021)

section 2(A) of Art. IX, Mo. Const. Original rule filed Jan. 24, 2012, effective Aug. 30, 2012. Rescinded: Filed Aug. 26, 2020, effective March 30, 2021.

History

• AUTHORITY: sections 160.400 and 161.092, RSMo Supp. 2011, and

5 CSR 20-100.255 Missouri School Improvement Program–5 Resource and Process Standards and Indicators {#sec-5-csr-20-100.255 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-100.255}

(Rescinded January 30, 2024)

2012. Original rule filed Sept. 20, 2012, effective Jan. 22, 2015.

Rescinded: Filed June 7, 2023, effective Jan. 30, 2024.

History

• AUTHORITY: sections 160.514, 160.526, and 167.131, RSMo 2000, and sections 160.518, 161.092, 162.081, and 168.081, RSMo Supp.

5 CSR 20-100.260 Standards for Charter Sponsorship {#sec-5-csr-20-100.260 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-100.260}

PURPOSE: This rule establishes the standards and indicators for charter sponsorship as required by the Missouri Department of Elementary and Secondary Education. These standards serve as the foundation for the sponsor application process as required by

section 160.403, RSMo, and the evaluation process for sponsors required in section 160.400.17(1), RSMo.

(1) Standard 1—Sponsor Commitment and Capacity. The sponsor believes that chartering is a means to provide children with access to quality public schools that meet identified needs.

The sponsor creates organizational systems and structures to fulfill its sponsorship duties and commits human and financial resources necessary to conduct its sponsoring duties effectively and efficiently. The sponsor shall— (A) Ensure that all sponsorship staff and members of the sponsor’s decision-making body understand and are committed to supporting and advancing the purposes of Missouri’s charter school law and quality sponsorship practices;

(B) Engage in the sponsorship of charter schools according to the provisions and stipulations of section 160.400.2–5, RSMo, which address the types of entities that may sponsor charter schools and under what conditions;

(C) Employ, contract for, or otherwise provide personnel at a staffing level appropriate and sufficient to carry out its sponsorship duties, which require expertise that includes, but is not limited to, education leadership, curriculum, instruction, assessment, special education, federal programs, performance accountability, data analysis, law, finance, and nonprofit governance;

(D) Provide or provide access to professional development opportunities for staff to achieve and maintain high standards of professional sponsoring practice and to promote continuous improvement;

(E) Retain records showing that all individuals conducting sponsorship work, including any individual who has contact with students, complete a criminal background check and Missouri’s Family Care Safety Registry (FCSR) check as outlined in section 168.133.1, RSMo;

(F) Ensure that sponsor staff and members of the sponsor’s decision-making body comply with the charter school office’s or the sponsor’s conflict of interest policy with respect to the charter schools it sponsors;

(G) Regularly evaluate its work against Missouri’s charter school law and these standards, and develop and implement timely plans for improvement when it falls short;

(H) Provide an annual report to the joint committee on education, as outlined in section 160.400.12, RSMo, that includes sufficient data and information to demonstrate that the sponsor is in material compliance with sections 160.400 to 160.425, RSMo, and section 167.349, RSMo; and (I) Annually submit, on the form provided by the Department of Elementary and Secondary Education (department), documentation showing that ninety percent (90%) of state funds expended during said fiscal year, are expended for sponsoring in support of the sponsor’s charter school sponsorship program or as a direct investment in the sponsored schools, in accordance with section 160.400.11, RSMo.

(2) Standard 2—Application Process and Decision Making. The sponsor implements a comprehensive application process that includes clear application materials and guidance; follows fair, transparent procedures, timelines, and rigorous evaluation criteria; and approves only those charter applications that demonstrate a strong capacity to establish and operate quality charter schools. The sponsor shall— (A) Implement a thorough charter application process as outlined in section 160.400.11(2), RSMo, and according to the timeline outlined in section 160.405.2(1)–(4), RSMo, without requiring any fee from the applicant in accordance with

section 160.400.6, RSMo;

(B) Develop and make readily available a charter application that— 1. Includes comprehensive questions to elicit the information needed for a rigorous evaluation of the applicant’s plans and capacity in accordance with the requirements stated in section 160.405.1(1)–(17), RSMo;

2. Clearly articulates any chartering priorities the sponsor may have established, including the priority to serve high-risk students in accordance with section 160.405.2(5), RSMo; and 3. Includes clear criteria for the evaluation of charter applications;

(C) Differentiate or supplement application requirements and corresponding evaluation criteria for applicants who currently oversee or manage charter schools in Missouri or other states;

(D) For applicants that are existing school operators, ensure that the application requires— 1. Specific information about the existing operator’s prior academic achievement, particularly if the applicant has operated or is operating schools in Missouri, and successful management of nonacademic school functions, including financial and organizational performance, in accordance with

section 160.415.7, RSMo;

2. An explanation of any never-opened, terminated, or non-renewed charter schools (including terminated or nonrenewed third-party contracts to operate charter schools) within the last five (5) years and other such requirements as outlined in section 160.415.7, RSMo;

3. A description of the existing school operator’s proposed growth plan; and 4. The operator’s most recent financial audits;

(E) For applicants that intend to contract with an education service provider for substantial educational or charter school management services, ensure that the application requires— 1. A draft of the proposed management services agreement that sets forth proposed key terms, including roles and responsibilities of the charter school governing board, the charter school staff, and the service provider; the services to be provided; the measures by which the charter school governing board will evaluate the service provider; a detailed explanation of compensation to be paid to the service provider; financial controls and oversight; methods of contract oversight and enforcement; and conditions for contract renewal and termination; and 2. A disclosure and explanation of any existing or potential conflicts of interest between the charter school governing board and proposed service provider or any affiliated business entities;

(F) Engage teams of qualified application evaluators with relevant educational, organizational (governance and management), financial, and legal expertise to review and evaluate the charter application according to the established evaluation criteria;

(G) Provide orientation or training to application evaluators to ensure consistency in the application of the approval criteria;

(H) Conduct an in-person interview with each qualified applicant to examine the applicant’s experience and capacity, and conduct due diligence to examine the applicant’s experience, capacity, and track record of performance;

(I) Advise charter applicants of the meaning of local education agency (LEA) status as it concerns the operation of the charter school as outlined in section 160.415.4, RSMo;

(J) Grant charters only to applicants that have demonstrated competence and capacity to succeed in all aspects of the school, with particular consideration to any available information about schools previously operated in Missouri, if applicable, and consistent with the published application evaluation criteria, in accordance with sections 160.400.11(2) and 160.405.2(2), RSMo;

(K) Promptly notify applicants of approval or denial and, if the charter is denied, notify the applicant in writing explaining the factors that determined the decision in accordance with

section 160.405.2(3), RSMo; and (L) Submit an electronic copy of each approved charter, accompanied by a statement finding that the application meets the statutory requirements and the monitoring plan under which the sponsor will evaluate the academic performance of the charter school, to the department for review by November 10th (or the next business day if November 10th falls on a Saturday or Sunday) of the year prior to the proposed opening date of the charter school as outlined in and in accordance with section 160.405.3, RSMo.

(3) Standard 3—Charter Contract. Charter contract is defined as a document, executed by the sponsor and the school, which is separate from the charter application that clearly articulates the rights and responsibilities of each party regarding charter school autonomy, expected outcomes, measures for evaluating success or failure, performance consequences based on the annual performance report, and other material terms. In accordance with section 160.400.11(3), RSMo, the sponsor executes a charter contract with each charter school that articulates the rights and responsibilities of each party regarding: school autonomy, funding, administration and oversight, outcomes, the measures for evaluating success or failure, performance consequences, and other material terms.

The sponsor shall— (A) Execute a charter contract with each approved charter school, which must be organized as a Missouri nonprofit corporation, for an initial term of five (5) years, which may be renewed, in accordance with section 160.405.1(9), RSMo. The charter contract shall define— 1. The standards for intervention, probation, renewal, non-renewal, and revocation while also establishing the consequences for not meeting those standards, in accordance with sections 160.405.8 and 160.405.9(2)–(3) RSMo;

2. A set of reasonable pre-opening requirements or conditions for a new charter school to open to ensure that it meets all health, safety, and other legal requirements prior to opening; and 3. A process that charter schools and sponsors must follow, in accordance with section 160.405.6, RSMo, to amend charter contracts and the types of material modifications that require sponsor approval. The sponsor shall submit any such approved amendments to the department within thirty (30) days of approval;

(B) Include in said charter contract or incorporate by reference clearly defined performance expectations for the term of the contract, the sources of data to evaluate charter school performance against these expectations, and the targets that the charter school must meet to earn renewal in the following areas:

1. Pupil academic standards for all students and significant student subgroups within each charter school, aligned to standards adopted by the State Board of Education, as outlined in and in accordance with sections 160.405.1(7), 160.405.4(6), and 160.405.9(2)(a), RSMo;

2. Financial performance expectations, which measure both near-term and long-term financial health, including, but not limited to, those outlined in section 160.405.9(2)(b), RSMo;

3. Organizational performance expectations, including, but not limited to, compliance with all governance-related laws, the fulfillment of all state and federal requirements regarding fair and appropriate service to students with disabilities, and the maintenance of a safe and operationally sound facility, as outlined in sections 160.405.4 and 160.405.11– 14, RSMo;

(C) If a charter school is planning to contract with an education service provider for substantial educational or school management services, ensure that the charter contract clearly establishes the primacy of the charter contract over the management services contract; and (D) To the extent the sponsor, outside of the charter school office, is providing any fee-based services to its charter schools, clearly state in writing, in the charter contract or elsewhere, that such services are not, nor ever will be, a condition of sponsorship.

(4) Standard 4—Ongoing Oversight and Evaluation. The sponsor conducts charter school oversight that evaluates charter school performance; monitors charter school compliance with both federal and state statutes and regulations; ensures charter school autonomy; protects student rights; informs charter school intervention, probation, revocation, and renewal decisions; and provides annual public reports on charter school performance. The sponsor shall— (A) Implement a comprehensive performance accountability and compliance monitoring system that— 1. Is defined in the charter contract;

2. Provides the sponsor with the information necessary to make thorough and evidence-based intervention, probation, renewal, non-renewal, and revocation decisions; and 3. Effectively streamlines federal, state, and local performance expectations and compliance requirements while protecting charter school autonomy and minimizing charter school administrative and reporting burdens;

(B) Define and communicate this performance accountability and compliance monitoring system to charter schools, including the process, methods, and timing of gathering and reporting charter school performance and compliance data;

(C) Visit each charter school as appropriate and necessary for collecting data that cannot otherwise be obtained and in accordance with the contract, while ensuring that the frequency, purposes, and methods of such visits respect charter school autonomy and avoids operational interference;

(D) Communicate regularly with charter schools, as needed, including both school leaders and governing boards, and provide timely notice of contract violations, performance deficiencies, and mandated interventions, including probationary status, as outlined in section 160.405.8, RSMo;

(E) In accordance with section 160.405.7, RSMo, evaluate and publish on the sponsor’s website an annual performance report for each charter school, which shall include an analysis of each charter school’s performance and progress toward meeting the expectations and targets stated in the charter contract, including subgroup performance and essential compliance requirements, and clearly communicate evaluation results to the charter school’s governing board and leadership;

(F) Refrain from directing charter school decisions or choices that are appropriately within a school’s purview under the charter law or contract;

(G) Monitor compliance with all state and federal requirements and guidelines regarding services to students, including, but not limited to, special education; all title programs; career and technical education; food service; and services for foster, homeless, immigrant, and English language learner students;

(H) Monitor compliance with specific state public education requirements that apply to charter schools, including, but not limited to— 1. Requirements relating to student discipline as outlined in sections 160.261, 167.161, 167.164, and 167.171, RSMo;

2. Notification of criminal conduct to law enforcement authorities as outlined in sections 167.115-117, RSMo;

3. Academic assessment of pupils, including that all eligible students participate in the Missouri Assessment Program (MAP), as outlined in section 160.518, RSMo;

4. Transmittal of charter school records to a requesting school official as outlined in section 167.020, RSMo;

5. Provision of the minimum amount of school time required as outlined in section 171.031, RSMo;

6. For charter school employees and board members, timely completion of criminal history background checks and the family care safety registry checks as outlined in section 168.133, RSMo;

7. Maintenance of policies consistent with the Family Educational Rights and Privacy Act (FERPA) and the Health Insurance Portability and Accountability Act (HIPAA) guidelines to the extent they are applicable;

8. Certification of staff and participation in the appropriate employee retirement system as outlined in section 160.420, RSMo; and 9. Provision of education and services to students with disabilities, as outlined in sections 162.670 and 162.710, RSMo, the Individuals with Disabilities Education Act (20 U.S.C.

Section 1400) and Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Section 794) or successor legislation;

(I) Verify that charter schools admit students through a nondiscriminatory process that grants admission to resident and non-resident students eligible to attend through an urban voluntary transfer program or from an unaccredited school district, as outlined in sections 160.410.1 and 160.410.3, RSMo;

(J) Monitor the admission process of any charter school where capacity is insufficient to enroll all students who submit a timely application, to ensure that the process complies with the terms outlined in section 160.410.2, RSMo;

(K) Monitor the charter school board’s compliance with various governance-related laws, including, but not limited to— 1. Retention of necessary board records as required by the general record retention schedule and the public school record retention schedule as outlined in section 109.255, RSMo;

2. Submission of financial interest statements annually as outlined in sections 105.483, 105.485, and 105.492, RSMo;

3. Maintenance of conflict of interest policies and procedures to address prohibited conflicts as outlined in

section 160.400.15, RSMo;

4. Maintenance of a policy to promptly address parent or guardian grievances, as outlined in section 160.405.1(13), RSMo;

5. Conduct of board and committee business in a manner outlined in the Missouri Sunshine Laws, sections 610.010- 610.030, RSMo; and (L) Ensure that charter school board members are aware of and have access to professional development or training opportunities to perform and fulfill the duties of a charter school board member.

(5) Standard 5—Fiscal Oversight. The sponsor monitors the charter school’s financial performance and compliance with fiduciary provisions in statute. The sponsor shall— (A) Collect and review annual financial audits of charter schools, conducted by a qualified independent auditor as outlined in section 160.405.4(4), and verify that the annual audit summary is published as outlined in section 165.121.5, RSMo;

(B) Monitor that charter schools’ utilization of the coding procedures prescribed in the Missouri Financial Accounting Manual as outlined in section 160.405.1(10), RSMo;

(C) Monitor that the charter’s governing board has adopted adequate financial controls to assure that revenues received for operation of the charter school are expended for expenses related to the operation of the charter school, including, but not limited to— 1. Procedures for the charter board to review the monthly check register, as needed, and clarify what level of expenditure necessitates board review and signature on a specific check;

2. Establishment of a bank account, in which state funds are deposited, that is under the control of the charter board;

3. If the charter contracts with an education service provider for substantial educational or school management services, establishment of a process to ensure that payments to the service provider receive prior approval of the governing board or its designee, as outlined in section 160.415.7(6), RSMo;

(D) Evaluate each charter school’s financial performance against the expectations and targets stated in the charter contract and, by October 1st of each year, identify any charter schools that are financially stressed, as outlined in section 160.417.1, RSMo, and as defined by section 160.417.2, RSMo;

(E) By November 1st of each year, notify the governing board of any charter school that is identified as financially stressed, and review and approve a budget and education plan developed by the charter school, within forty-five (45) calendar days of such notification, on forms provided by the sponsor.

In addition to the requirements outlined in section 160.417.3, RSMo, the budget and education plan must clearly outline the

basis for such identification, the steps the charter school will take to remedy the financial stress, responsible individuals, corresponding deadlines and timeframes, the outcomes that the charter school must achieve to exit this designation, and the steps that the sponsor may take, including revocation, if the charter school does not appropriately remedy the financial stress by March 1st of the current school year. The sponsor may also place any school identified as financially stressed on probation in accordance with section 160.405.8, RSMo. The department may withhold any payment of financial aid due to the charter school until the charter school and sponsor have fully complied with this requirement, as outlined in section 160.417.5, RSMo;

(F) To the extent necessary, cooperate with the department in its monitoring of charter schools’ fiscal management of federal grant programs, and consider any findings by the department with respect to said fiscal management in sponsor’s decision making; and (G) Ensure that charter schools submit the Annual Secretary of the Board Report (ASBR) and an annual independent financial audit to the department in the timeframe outlined by Missouri statute and verify that no conflict of interest exists between the financial auditor and the person or persons who prepared the ASBR as outlined in 160.417 and 162.821, RSMo.

(6) Standard 6—Renewal, Replication, Expansion, Revocation, and Closure Decision Making. The sponsor implements a transparent and rigorous process that uses comprehensive academic, financial, and organizational performance data to make decisions about renewal, replication, expansion, revocation, and closure. The sponsor shall— (A) Base the renewal process and renewal decisions on thorough analyses of a comprehensive body of objective evidence defined by the charter contract consistent with

section 160.405.9(2)–(3), RSMo;

(B) Provide each charter school, in advance of the renewal decision, a cumulative performance report that summarizes the charter school’s performance record over the charter term in accordance with the performance expectations set forth in the charter contract, and states the sponsor’s summative findings concerning charter school performance and its prospects for renewal;

(C) Grant renewal to charter schools that have achieved the performance expectations and corresponding targets stated in the charter contract, are organizationally and fiscally viable, and have been diligent to the terms of the contract and applicable law, consistent with sections 160.400.11(5) and 160.405.9(2)-(3), RSMo;

(D) To the extent the charter school qualifies for an expedited renewal process, as defined by section 160.405.9(2)(d), the sponsor shall implement a streamlined renewal process, which decreases the burden on the charter school (i.e., fewer application requirements, a more targeted document request, or a shorter renewal site visit) and the amount of time between submission of the renewal application and the sponsor’s decision;

(E) Promptly notify in writing each charter school of the sponsor’s renewal or non-renewal decision, including explanation of the reasons for the decision;

(F) In accordance with section 160.408, RSMo, provide “highquality charter schools,” as defined by section 160.408, RSMo, with opportunities for expedited replication and expansion;

(G) Base decisions to approve additional charter school sites or to expand grade levels on thorough analyses of a comprehensive body of objective evidence defined by the charter contract;

(H) Revoke a charter during the charter term if there is clear evidence of underperformance or violation of law or the public trust that imperils students or public funds as outlined in

section 160.405.8, RSMo;

(I) In the event of a revocation, provide charter schools written notice at least sixty (60) days prior to revoking the charter, as outlined in section 160.405.8(3), RSMo, and establish clear procedures to conduct an administrative hearing regarding the potential charter revocation, as outlined in

section 160.405.8(4), RSMo; and (J) Maintain and implement a clear charter school closure process, including, but not limited to, clear procedures to ensure orderly transition of student records, archival of business operation, transfer of personnel records, submission of financial reports, resolution of financial obligations, disposition of charter school assets, and a notification plan to inform parents or guardians, among other stakeholders, of the closure action within thirty (30) days of the decision to close, as outlined in

section 160.405.1(15), RSMo.

History

• AUTHORITY: sections 160.400–160.425, RSMo 2016 and RSMo Supp. 2018, and section 161.092, RSMo 2016. Original rule filed Dec. 3, 2012, effective June 30, 2013. Amended: Filed Dec. 8, 2016, effective July 30, 2017. Amended: Filed Nov. 29, 2018, effective June 30, 2019. Original authority: 160.400, RSMo 1998, amended 2005, 2009, 2012, 2016; 160.403, RSMo 2012, amended 2016; 160.405, RSMo 1998, amended 2005, 2009, 2012, 2016; 160.408, RSMo 2016; 160.410, RSMo 1998, amended 2005, 2009, 2012, 2016, 2018; 160.415, RSMo 1998, amended 1999, 2005, 2012, 2016; 160.417, RSMo 2012, amended 2016; 160.420, RSMo 1998, amended 2001, 2005, 2012; 160.425, RSMo 2012; and 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014.

5 CSR 20-100.265 Charter School Closure {#sec-5-csr-20-100.265 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-100.265}

PURPOSE: This rule establishes processes and procedures for charter school sponsors to close a charter school as required by the Missouri Department of Elementary and Secondary Education.

These processes and procedures serve as a foundation for closures as authorized by sections 160.400.16(6) and 160.405.15, RSMo Supp. 2013.

(1) Communication. The charter school sponsor (sponsor) will closely monitor the charter school’s clear, adequate, and timely communication with parents, school staff, the community, and all stakeholder groups regarding the closing of a charter school to ensure that students, families, staff, and community have the support needed for student transfer/transition.

(2) Student Records. The sponsor will closely monitor the charter school’s transfer of all student records in accordance with privacy rules set forth in the Family Educational Rights and Privacy Act (FERPA) and any applicable state record retention schedules/policies/laws, including, but not limited to:

(A) Conducting a review to determine that all student records are complete and located in a secure location;

(B) Compiling student records into a format that is electronically transferable;

(C) Providing staff for purposes of transferring student records to other schools as the charter school closes; and (D) Transferring, in a timely manner, all student-related records for retention and historical accessibility to the local school district as required under the Public School Records Retention Schedule (PSRRS) (section 109.255, RSMo 2000).

(3) Business and Personnel Records. The sponsor shall coordinate efforts regarding all personnel, governance, and financial records that are retained according to the PSRRS.

(4) Submission of Final Data and Reports. The sponsor shall coordinate efforts for the completion of all data and reporting for the closing charter school, including, but not limited to:

(A) Annual Secretary of the Board Report (ASBR) by August 15 of the year of closing;

(B) Final audit submitted before December 31 of the year of closing;

(C) Program evaluation reports and final expenditure reports (FER) submitted for all federal/state programs in which the closing charter school participated;

(D) Submission of core data and the Missouri Student Information System (MOSIS) data; and (E) Required student testing.

(5) Resolution of Financial Obligations. During the dissolution of a charter school, the sponsor shall coordinate efforts to ensure the meeting of financial obligations associated as required in

section 160.415.12, RSMo.

(A) The sponsor is responsible for the oversight of unobligated assets of the charter school. The sponsor contractually requires— 1. Quarterly accountability reports on receipts and expenditures;

2. Quarterly bank statements for the closing charter school accounts;

3. Monitoring of all expenditures during and after school closure to ensure such expenditures are essential to the closing process; and 4. An independent audit be conducted for any remaining funds if more than three (3) months lapse from the official closure of the charter school.

(B) If the charter school does not have sufficient funds to close out the year, the sponsor is responsible for oversight and reporting as required in section 160.405.1(15)(a-f), RSMo.

(6) Disposition of Assets. Distribution of materials and equipment purchased with state funds will be determined by the charter school’s plan/policy for disposition of assets. The sponsor will closely monitor the reallocation of equipment and materials from a closed charter school to reasonably assure the equip ment and materials follow the students to their new school. For equipment and or materials exceeding a total value of five thousand dollars ($5,000) purchased with federal funds and in accordance with federal guidelines, the sponsor shall verify that— (A) A physical verification that federally purchased equipment or electronic items is conducted;

(B) An inventory of available items is sent to all local educational agencies (LEAs) and the district within the physical boundaries of the public school district within sixty (60) days of the school closure;

(C) An opportunity for LEAs/districts interested in acquiring inventory items to send a written request for equipment or materials to the school and sponsor; and (D) Distribution of equipment or materials is based on— 1. Any equipment and material required for an Individual Education Plan (IEP) for a student with disabilities must follow the student to his/her new public school;

2. All equipment and materials purchased with federal IDEA Part B funds must be sent to a public special education program for use by students with disabilities;

3. All materials/equipment purchased with specific funding sources (Perkins, Title I, discretionary grants) must be sent to other LEAs participating in those programs;

4. The percentage of students transferring from the closed charter to the requesting LEAs/district; or 5. By lottery.

History

• AUTHORITY: sections 160.400–160.425 and 161.092, RSMo Supp. 2013. Original rule filed Sept. 27, 2013, effective May 30, 2014. Original authority: 160.400–160.425, RSMo, see Revised Statutes of Missouri Supp. 2012 and 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013.

5 CSR 20-100.270 Charter Sponsorship Inflation Adjustment {#sec-5-csr-20-100.270 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-100.270}

PURPOSE: This rule establishes the method of adjustment for inflation for charter sponsorship payment as required by the Department of Elementary and Secondary Education (department).

The inflation adjustment serves to keep current the funding for the sponsor oversight for sponsors remaining in good standing by fulfilling the obligations under sections 160.400 to 160.425, 161.092, 167.349, RSMo.

(1) Section 160.400.11, RSMo, requires that the expenses of charter school sponsorship shall be defrayed by the department retaining one and five-tenths percent (1.5%) of the amount of state and local funding allocated to a charter school, not to exceed one hundred twenty-five thousand dollars ($125,000), adjusted for inflation.

(2) Beginning with the 2016-17 school year, the Consumer Price Index (CPI) will be used to calculate the inflation adjustment for only those charter sponsors that have reached the maximum one hundred twenty-five thousand dollars ($125,000). The department will calculate the rate of inflation to be applied to the one hundred twenty-five thousand dollar ($125,000) limit as follows:

(A) The base for the calculation is the December 2006 CPI as calculated by the U.S. Bureau of Labor Statistics;

(B) The CPI for December 2006 will be divided into the CPI as calculated by the U.S. Bureau of Labor Statistics for the December immediately preceding the beginning of the current fiscal year; and (C) The quotient derived will be multiplied by one hundred twenty-five thousand dollars ($125,000) and the result will be the maximum payment to sponsors for the current year.

History

• AUTHORITY: sections 160.400 to 160.425 and 167.349, RSMo Supp. 2013, and section 161.092, RSMo Supp. 2014. Original rule filed Dec. 9, 2015, effective July 30, 2016. Original authority: 160.400–160.425, RSMo, See Revised Statutes of Missouri Supp. 2012 and 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013.

5 CSR 20-100.275 Transfer of Charter Sponsorship {#sec-5-csr-20-100.275 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-100.275}

PURPOSE: This rule establishes requirements and procedures for transfer of sponsorship for charter schools prior to the expiration of a contract between a charter and its sponsor. This transfer process is designed to ensure continuity of support for the charter school, accurate and timely data submissions, and accurate transmittal of funds due to sponsors.

(1) Transfer Requirements and Application.

(A) A transfer of charter school sponsorship from one (1) sponsor to another prior to the expiration of the current contract, may only occur if approved by the State Board of Education (board).

(B) All standards and requirements established in the current charter contract shall remain in effect until the scheduled renewal of the charter school, unless the board approves any changes.

(C) All parties, the charter school, and its current sponsor, along with the proposed sponsor, must submit a joint application for transfer to the board for consideration prior to February 1 to be considered for the following school year. The joint application shall include the following components:

1. An explanation of why the school is seeking to transfer to another sponsor, including:

A. Evidence that the applicant has solicited input from and notified students in grades 5-12, parents/guardians, and staff of the request to transfer sponsors at least four (4) months prior to approaching other sponsoring institutions related to potential transfer. Feedback should be included in application for transfer.

(D) The board shall only consider approval of charter school requests to transfer to another sponsor if it finds the transfer applicant has submitted evidence of the criteria outlined in subsection (1)(C), above. The board maintains its discretion to deny a transfer request if the criteria outlined in subsection (1)

(C), above, is not met, and for good cause including, but not limited to:

1. Failure to seek input from students, parents/guardians, and staff;

2. The transfer is motivated by an adverse review by the department; or 3. There is evidence of the current sponsor’s unwillingness to end its contract early.

(2) Transition Requirements.

(A) All obligations of the previous charter sponsor shall terminate upon the official date of transfer on June 30.

(B) The receiving sponsor will be responsible for ensuring that all required documents due after the date of transfer are submitted in a timely fashion, including, but not limited to, the Annual Secretary of the Board Report and Financial Audit.

(C) Within thirty (30) days of transfer, the prior charter sponsor shall provide information relevant to the charter school as requested by the proposed sponsor, including, but not limited to assets, student records, and reports.

(D) The proposed sponsor that seeks to sponsor a transferring school must have met all requirements of the Standards of Charter Sponsorship in its most recent sponsor evaluation.

rule filed Dec. 11, 2020, effective July 30, 2021. *Original authority: 160.405, RSMo 1998, amended 2005, 2009, 2012, 2016 and 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014.

History

• AUTHORITY: sections 160.405 and 161.092, RSMo 2016. Original

5 CSR 20-100.280 Charter School Expedited Renewal Application Process {#sec-5-csr-20-100.280 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-100.280}

PURPOSE: This rule establishes the method for expediting the renewal process for a char ter school that meets the requirements of section 160.405.9.(2)(d), RSMo 2016.

(1) The sponsor of a charter school that meets the qualifications for expedited renewal will submit the form Charter School Expedited Renewal Application, provided by the Department of Elementary and Secondary Education (department), to the charter school section, addressing— (A) Cover sheet with the current school name, address, superintendent/head administrator, and names of building(s) and principal(s), if applicable;

(B) Articles of Incorporation;

(C) Current, signed performance contract bearing charter school and sponsor signatures, pursuant to section 160.405.1, RSMo;

(D) Current list of charter school board members;

(E) Complete, projected five- (5-) year budget including projected reserves; and (F) Projected enrollment by grade levels.

rule filed Dec. 8, 2016, effective July 30, 2017. *Original authority: 160.405, RSMo 1998, amended 2005, 2009, 2012, 2016 and 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014.

History

• AUTHORITY: sections 160.405 and 161.092, RSMo 2016. Original

5 CSR 20-100.290 Charter School Expedited Replication and Expansion Application Process {#sec-5-csr-20-100.290 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-100.290}

PURPOSE: This rule establishes the method for expediting the replication and expansion application process of a charter school into unaccredited districts, a metropolitan district, or an urban school district containing most of all of a home rule city with more than four hundred thousand (400,000) inhabitants and located in more than one (1) county. Participation is limited to charter schools that receive eighty-five percent (85%) or more of the total points for three (3) out of the last four (4) years on the annual performance report (APR). The expedited replication and expansion process serves to meet the allowance of such as stated in section 160.408, RSMo.

(1) For purposes of this rule, replicate and expand shall be defined as— (A) Replicate means to open one (1) or more new charter Local Education Agencies (LEA) that is based on the charter school model for which the applicant has presented evidence of success; and (B) Expand means to increase the number of available seats in an existing charter LEA.

History

• AUTHORITY: sections 160.400 to 160.425 and 167.349, RSMo 2016. Original rule filed Dec. 21, 2016, effective July 30, 2017. Original authority: 160.400, RSMo 1998, amended 2005, 2009, 2012, 2016; 160.403, RSMo 2012, amended 2016; 160.405, RSMo 1998, amended 2005, 2009, 2012, 2016; 160.408, RSMo 2016; 160.410, RSMo 1998, amended 2005, 2009, 2012, 2016; 160.415, RSMo 1998, amended 1999, 2005, 2012, 2016; 160.417, RSMo 2012, amended 2016; 160.420, RSMo 1998, amended 2001, 2005, 2012; 160.425, RSMo 2012; and 167.349, RSMo 1999, amended 2005.

5 CSR 20-100.300 Instruction for Prekindergarten {#sec-5-csr-20-100.300 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-100.300}

PURPOSE: This rule authorizes public schools to provide for the gratuitous education of pupils in prekindergarten.

(1) A public school district may provide for the gratuitous education of pupils in prekindergarten.

(2) Transportation may be provided at district expense for prekindergarten pupils on the same basis as for pupils in kindergarten through grade twelve (K–12), provided no state funds are used.

Amended: Filed Jan. 22, 2015, effective Aug. 30, 2015. Moved to 5 CSR 20-100.300, effective Sept. 18, 2018. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2014 and 163.018, RSMo 2014, amended 2016, 2018.

History

• AUTHORITY: section 161.092, RSMo 2016, and section 163.018, RSMo Supp. 2018. This rule previously filed as 5 CSR 50-340.020 and 5 CSR 20-600.120. Original rule filed Nov. 5, 1969, effective Nov. 15, 1969. Moved to 5 CSR 20-600.120, effective Aug. 16, 2011.

5 CSR 20-100.310 General Provisions Governing Programs Authorized Under Early Childhood Development, Education, and Care {#sec-5-csr-20-100.310 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-100.310}

(Moved to 5 CSR 25-100.310)

5 CSR 20-100.320 Prekindergarten Program Standards {#sec-5-csr-20-100.320 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-100.320}

(Moved to 5 CSR 25-100.320)

5 CSR 20-100.330 General Provisions Governing Programs Authorized Under the Early Childhood Development Act {#sec-5-csr-20-100.330 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-100.330}

(Moved to 5 CSR 25-100.330)

5 CSR 20-100.340 School Board Member Orientation and Training {#sec-5-csr-20-100.340 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-100.340}

PURPOSE: This rule establishes guidelines and requirements for school board member orientation and training as provided in

section 160.530, RSMo and as required in section 162.203, RSMo.

(1) The State Board of Education may expend funds as provided in section 160.530, RSMo, for the benefit of members of boards of education.

(A) Training in areas deemed important for effective board members should include— 1. Issues of policy including purpose, development, adoption, and maintenance of policies, procedures, regulations, and rules;

2. Relationships between board members and with constituents, including but not limited to the superintendent, staff, parents/guardians, patrons, media, and other governmental entities;

3. Long-range and annual planning including developing a vision, mission, and evaluation of progress toward goals;

4. Approval of a budget sufficient to ensure funding to meet district goals;

5. General procedures including topics such as ethics, Missouri’s open meetings and records law, parliamentary procedure, duties of officers, agenda setting, and participatory decision making;

6. Information related to student learning and performance measures;

7. Information about state and federal laws governing public schools;

8. Information about preventing the sexual abuse of children; and 9. Information about emergency preparedness, safety, and security of schools.

(2) Board members shall successfully complete orientation and must comply with training requirements outlined in section 162.203, RSMo, within one (1) year of the date of the election or appointment.

(3) Board members must annually complete a minimum of one (1) hour of refresher training consistent with section 162.203, RSMo.

(4) The board member orientation and training shall be offered by a statewide association organized for the benefit of members of boards of education or be approved annually by the State Board of Education. All providers must provide the Department of Elementary and Secondary Education (department) sufficient documentation regarding program content.

(5) All providers must provide documentation of board members’ successful completion of content as determined by the department.

(6) Board members who fail to successfully complete any component of the eighteen and one-half (18.5) hours of orientation and training shall retake the component that was not successfully completed at the earliest available training session and at no additional cost to the district.

(7) The State Board of Education may consider a district’s failure to complete required annual orientation and training for board members when classifying a school district.

section 161.092, RSMo 2016.* This rule previously filed as 5 CSR 80- 850.060 and 5 CSR 20-400.400. Original rule filed Nov. 30, 1993, effective July 10, 1994. Moved to 5 CSR 20-400.400, effective Aug. 16, 2011. Moved and amended to 5 CSR 20-100.340: Filed Dec. 27, 2022, effective July 30, 2023. *Original authority: 160.530, RSMo 1993, amended 2002, 2005, 2008, 2015, 2018; 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014; and 162.203, RSMo 1993, amended 2019.

History

• AUTHORITY: sections 160.530 and 162.203, RSMo Supp. 2022, and

Chapter 200 Office of College and Career Readiness

5 CSR 20-200.110 Standards and Operational Requirements {#sec-5-csr-20-200.110 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-200.110}

(Rescinded January 30, 2017) . 3

5 CSR 20-200.120 Allowable Activities and Participating Student Eligibility {#sec-5-csr-20-200.120 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-200.120}

5 CSR 20-200.130 Administration, Eligible Contributors, and Tax Credits {#sec-5-csr-20-200.130 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-200.130}

5 CSR 20-200.140 Standards for Submission and Review of Proposals {#sec-5-csr-20-200.140 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-200.140}

5 CSR 20-200.220 Determining Schools Having High Concentrations of Low-Income Children for Purposes of National Defense Education, National Direct and Federal Perkins Student Loan Cancellation {#sec-5-csr-20-200.220 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-200.220}

5 CSR 20-200.300 Training of School Employees in the Care Needed for Students SECONDARY EDUCATION {#sec-5-csr-20-200.300 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-200.300}

5 CSR 20-200.110 Standards and Operational Requirements {#sec-5-csr-20-200.110 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-200.110}

Rescinded: Filed May 23, 2016, effective Jan. 30, 2017.

History

• AUTHORITY: sections 167.290–167.296 and 167.300–167.310, RSMo (1994) and 167.298, RSMo (Cum. Supp. 1996). This rule previously filed as 5 CSR 60-90.010. Original rule filed Oct. 31, 1996, effective June 30, 1997. Moved to 5 CSR 20-200.110, effective Aug. 16, 2011.

5 CSR 20-200.120 Allowable Activities and Participating Student Eligibility previously filed as 5 CSR 60-95.010. Original rule filed March 22, 1999, effective Sept. 30, 1999. Moved to 5 CSR 20-200.120, effective Aug. 16, 2011. Rescinded: Filed May 23, 2016, effective Jan. 30, 2017. {#sec-5-csr-20-200.120 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-200.120}

5 CSR 20-200.130 Administration, Eligible Contributors, and Tax Credits previously filed as 5 CSR 60-95.020. Original rule filed March 22, 1999, effective Sept. 30, 1999. Moved to 5 CSR 20-200.130, effective Aug. 16, 2011. Rescinded: Filed May 23, 2016, effective Jan. 30, 2017. {#sec-5-csr-20-200.130 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-200.130}

5 CSR 20-200.140 Standards for Submission and Review of Proposals previously filed as 5 CSR 60-95.030. Original rule filed March 22, 1999, effective Sept. 30, 1999. Moved to 5 CSR 20-200.140, effective Aug. 16, 2011. Rescinded: Filed May 23, 2016, effective Jan. 30, 2017. {#sec-5-csr-20-200.140 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-200.140}

5 CSR 20-200.150 Missouri Textbook Filing {#sec-5-csr-20-200.150 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-200.150}

Moved to 5 CSR 20-200.150, effective Aug. 16, 2011. Rescinded:

Filed May 23, 2016, effective Jan. 30, 2017.

History

• AUTHORITY: section 170.061, RSMo 1986. This rule previously filed as 5 CSR 60-110.010. Original rule filed Dec. 10, 1975, effective Dec. 20, 1975. Amended: Filed May 12, 1978, effective Aug. 14, 1978.

5 CSR 20-200.160 State Plan for Career Education {#sec-5-csr-20-200.160 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-200.160}

PURPOSE: This rule incorporates the current state plan for career education. This plan constitutes the basis for the operation and administration of the state’s federally-assisted career education program established by the current career education legislation and subsequent amendments enacted by the United States Congress and regulations implementing Acts of Congress published by the Secretary of the United States Department of Education. The plan is submitted to, and with the approval of, the United States Department of Education. It serves as a guide for administering federally-funded career education programs, services, and activities for eligible subrecipients in Missouri.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this

rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) The state Department of Elementary and Secondary Education, in consultation with teachers, administrators, eligible recipients, parents, students, interested community members, representatives of special populations, representatives of business and industry, representatives of labor organizations, and the governor, prepares the state plan.

The plan identifies specific groups of individuals to be served and indicates the types of programs, services, and activities which may be provided. It enumerates the goals and objectives which serve as a basis for the statewide effort to provide for the career education needs of the people of Missouri.

(2) The Missouri State Plan for Career Education contains the administrative provisions for the delivery of the state’s federally-assisted career education program. The Missouri State Plan for Career Education State Fiscal Years 2008–2013 is hereby incorporated by reference and made a part of this

rule. A copy of the Missouri State Plan for Career Education (revised 2008) is published by and can be obtained from the Department of Elementary and Secondary Education, Division of Career Education, 205 Jefferson Street, PO Box 480, Jefferson City, MO 65102-0480. This rule does not incorporate any subsequent amendments or additions.

(3) Rules pertaining to the State Board of Education which is responsible for the administration of the state plan, statements of assurance, methods of joint planning and coordination, procedures on local applications and procedures to establish and meet the state level of performance for the six (6) core indicators of performance for secondary programs and the five (5) core indicators of performance for postsecondary programs are contained in the plan.

(4) Operational procedures concerning the allocation of funds for career education programs are contained in the plan. These procedures deal with funding allocations and procedures for secondary, postsecondary, and adult career education programs. Additional procedures pertaining to tech prep education and staff development activities are also included.

Amended: Filed Oct. 13, 1976, effective Nov. 15, 1976. Amended:

Filed Nov. 28, 1977, effective Jan. 16, 1978. Amended: Filed Oct. 20, 1981, effective Dec. 15, 1981. Amended: Filed Oct. 16, 1982, effective Nov. 15, 1982. Amended: Filed Oct. 12, 1983, effective Nov. 15, 1983.

Amended: Filed Dec. 7, 1984, effective Jan. 14, 1985. Amended:

Filed Jan. 30, 1989, effective Feb. 24, 1989. Amended: Filed Aug. 17, 1990, effective Nov. 30, 1990. Amended: Filed Nov. 22, 1994, (10/31/24) John R. Ashcroft effective Feb. 26, 1995. Amended: Filed Oct. 29, 1999, effective Jan. 30, 2000. Amended: Filed Feb. 22, 2001, effective May 30, 2001.

Amended: Filed May 13, 2008, effective July 30, 2008. Moved to 5 CSR 20-200.160, effective Aug. 16, 2011. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003 and 178.430, RSMo 1963.

Op. Atty. Gen. No. 96, Wheeler (6-15-55). House Bill No. 202, 68th General Assembly (section 178.430, RSMo (1969)), authorizes State Board of Education to formulate and execute plan of agreement in carrying out provisions of federal Social Security Act in making determination of disability under Title II thereof. The state board has authority to designate Vocational Rehabilitation Section to administer such plan.

History

• AUTHORITY: Public Law 105-332, section 161.092, RSMo Supp. 2007 and section 178.430, RSMo 2000. This rule previously filed as 5 CSR 60-120.010. Original rule filed Aug. 22, 1974, effective Sept. 2, 1974. Amended: Filed Oct. 10, 1974, effective Oct. 21, 1974.

5 CSR 20-200.170 Implementation of Vocational Educational Programs {#sec-5-csr-20-200.170 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-200.170}

PURPOSE: This regulation, which is contained in the Handbook for Vocational Education in Missouri, establishes the guidelines for implementation and operation of vocational education programs for public education agencies.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. Therefore, the material which is so incorporated is on file with the agency who filed this rule, and with the Office of the Secretary of State. Any interested person may view this material at either agency’s headquarters or the same will be made available at the Office of the Secretary of State at a cost not to exceed actual cost of copy reproduction. The entire text of the

rule is printed here. This note refers only to the incorporated by reference material.

(1) The handbook describes the general guidelines for administration of vocational education including: procedures for submitting applications, terminating programs, reimbursement, certification of teachers and in-service education, facilities, time requirements for programs and courses, evaluation, replacement of equipment, inventory procedures, guidance services and advisory committees.

(2) The handbook establishes the guidelines for the administration of specific vocational education program areas.

It describes requirements for agricultural education, business and office education, cooperative industrial and distributive education, adult distributive education, home economics education, vocational industrial education, disadvantaged and handicapped programs and work-study programs.

(3) The handbook prescribes guidelines for area vocational schools, guidance services and the research coordinating unit.

(4) The handbook includes the report forms for the vocational education programs.

Op. Atty. Gen. No. 96, Wheeler, (6-15-55). House Bill No. 202, 68th General Assembly (see section 178.430, RSMo (1969)), authorizes State Board of Education to formulate and execute plan of agreement in carrying out provisions of federal Social Security Act in making determination of disability under Title II thereof. The state board has authority to designate Vocational Rehabilitation Section to administer such plan.

History

• AUTHORITY: section 178.430, RSMo 1986. This rule previously filed as 5 CSR 60-120.020. Original rule filed Aug. 26, 1974, effective Sept. 6, 1974. Amended: Filed Oct. 29, 1981, effective Feb. 15, 1982. Moved to 5 CSR 20-200.170, effective Aug. 16, 2011. Original authority: 178.430, RSMo 1963.

5 CSR 20-200.180 Area Career Center Service Regions {#sec-5-csr-20-200.180 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-200.180}

PURPOSE: This rule provides planning stability by establishing service regions and to provide procedures for altering these regions.

(1) The initial assignment of a sending school district to a specific area vocational school will be effective for the 1983-84 school year and shall continue until the assignment is changed by action of the State Board of Education (state board).

(2) School districts whose students were enrolled in one (1) area vocational school during the 1983-84 school year shall be assigned to that area vocational school.

(3) School districts whose students were enrolled in more than one (1) area vocational school during the 1983-84 school year shall be assigned to the area vocational school in which the greater number of the district’s students were enrolled during the 1983-84 school year.

(4) Future assignments for school districts not affiliated with an area vocational school during the 1983-84 school year shall be approved by the state board. The request for assignment shall be submitted in writing to the assistant commissioner, Office of College and Career Readiness, Department of Elementary and Secondary Education, by November 1, to be considered for the next year. For good cause shown, the state board may waive the requirement for submission by November 1. The request shall be authorized by the local board of education (board) and signed by the superintendent and shall include rationale justifying the affiliation. Based on the information presented and comments from officials of the area career center, the assistant commissioner will prepare a recommendation to the commissioner of education and the state board. All districts involved will be officially notified of the board’s decision.

(5) School districts that desire to enroll students in more than one (1) area career center or to change affiliation from one (1) area career center to another shall obtain the approval of the state board. The written request shall be submitted to the assistant commissioner, Office of College and Career Readiness, Department of Elementary and Secondary Education, by November 1, to be considered for the next school year. The request shall be authorized by the board and signed by the superintendent and shall include a rationale justifying the request. Based on the information presented and on other information as may be requested from administrators of the school districts involved, the assistant commissioner will prepare a recommendation to the commissioner of education and the state board. The state board will make a determination regarding the district’s affiliation based upon the information presented. All districts involved in the request will be officially notified by letter of the state board’s decision.

(6) Any sending school district altering an affiliation with an area career center without following the procedures previously described in sections (4) and (5) may by action of the state board be disallowed any reimbursement for contracted services and any provision of transportation aid to and from the area career center.

(7) The service region for any additional area career center approved subsequent to the effective date of this rule will be defined at the time of approval.

Amended: Filed Feb. 8, 1985, effective June 1, 1985. Moved to 5 CSR 20-200.180, effective Aug. 16, 2011. Amended: Filed May 15, 2024, effective Nov. 30, 2024. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014; 178.510, RSMo 1963; and 178.530, RSMo 1963, amended 1977, 1991, 1995, 2012, 2013, 2019.

History

• AUTHORITY: sections 161.092 and 178.510, RSMo 2016, and section 178.530, RSMo Supp. 2024. This rule previously filed as 5 CSR 60- 120.050. Original rule filed May 26, 1983, effective Nov. 14, 1983.

5 CSR 20-200.190 Vocational-Technical Education Enhancement Grant Award Program {#sec-5-csr-20-200.190 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-200.190}

PURPOSE: This rule establishes minimum requirements for the administration of the Vocational-Technical Education Enhancement Grant Award Program.

(1) The Vocational-Technical Education Enhancement Grant Award Program shall be administered by the Division of Vocational and Adult Education (division), Department of Elementary and Secondary Education (DESE), which has the

(2) Eligible institutions shall include public high schools, area vocational-technical schools and community colleges that operate DESE-approved occupational preparatory (long-term) vocational education programs. Grant awards shall be made under the following conditions:

(A) Seventy-five percent (75%) of grant funds shall be expended for new programs, curriculum enhancement or instructional equipment that address demand occupations that have been determined to be in critical shortage, as published by the division. The remaining twenty-five percent (25%) or less of the grant may be used for these purposes, as well as facility improvement without regard for demand occupations. A grant recipient shall expend at least twenty-five percent (25%) matching funds from local sources for all grant funds expended for instructional equipment. A grant recipient shall expend at least fifty percent (50%) matching funds from local sources for all other grant fund expenditures;

(B) An advisory committee with no fewer than twelve (12) members shall be established by each eligible institution prior to a grant award. This committee shall be composed of at least two (2) members representing each of the following groups: business persons, labor leaders, parents, senior citizens, community leaders and teachers. The committee shall assist the grant recipient with the development of a plan which will ensure that graduates proceed to a two (2)- or four (4)-year college/university or a high wage job with workplace skill development opportunities. This plan shall be developed prior to the close of the fiscal year that the grant recipient receives an initial grant under this grant award program. Eligible institutions that apply for grant funds after receiving an initial grant award shall submit a description of the accomplishments made toward the implementation of their initial plan and any modifications to their initial plan; and (C) A budget shall be developed which details all major expenditure categories and itemizes all equipment purchases.

Equipment purchases with grant funds shall:

1. Have prior approval of the division; and 2. Be appropriate to the instructional content of the vocational education course or program.

(3) A request for proposals will be made available to eligible institutions by the division for each fiscal year. Applicants must develop a grant proposal and forward it to the division no later than the published date in order to receive consideration.

Grant awards will be effective July 1 of each year.

(4) Grant proposals must contain at least the following:

(A) The name and address of the institution and school or community college district applying for a grant award;

(B) A statement of commitment to implement the content of the grant proposal bearing the signature of the chief administrator of the school or community college district submitting the grant proposal;

(C) A description of how the funds made available by this grant award program will be used to enhance the vocational education offering at the institution and address demand occupations;

(D) A detailed, line item budget of anticipated local and grant fund expenditures;

(E) An assurance that fiscal control, property management control and fund accounting procedures are provided;

(F) An assurance that funds from local sources will be allocated and expended for the purposes delineated in the grant proposal in an amount equal to or greater than twentyfive percent (25%) for all instructional equipment and equal to or greater than fifty percent (50%) for all other grant award expenditure;

(G) An assurance that seventy-five percent (75%) of grant funds will be expended for new programs, curriculum enhancement or instructional equipment that address demand occupations;

(H) An assurance that the grant recipient will comply with all reporting requirements of the department relating to this grant award program;

(I) An assurance by secondary school districts that student performance standards will be established within the district that lead to or qualify students for graduation, and that these standards meet or exceed the Show-Me Standards;

(J) An assurance that prior to the close of the fiscal year of the grant award a plan will be developed with the assistance of the prescribed advisory committee, to ensure that graduates proceed to a two (2)- or four (4)-year college/university or a high wage job with workplace skill development opportunities;

(K) A listing of the advisory committee members and the category that they represent;

(L) The title and classification of instructional programs (CIP) code of any occupational preparatory (long-term) vocational education program for which grant funds will be expended; and (M) A complete application for new or expanding regular vocational education programs, if an occupational preparatory (long-term) vocational education program is being established or expended with grant funds.

(5) The division will review all grant proposals submitted by eligible institutions based upon the extent to which:

(10/31/24) John R. Ashcroft (A) The proposed programs, services and activities enhance vocational education;

(B) The proposed programs, services and activities address demand occupations; and (C) A complete grant proposal is received prior to the proposal deadline.

(6) The division will give priority to eligible institutions that have not previously received a grant award.

(7) Beginning July 1, 1994, the commissioner of education shall request from the director of the Division of Workforce Development, Department of Economic Development, an annual listing of demand occupations in the state, including substate projections. The listing shall include those occupations for which, in the judgment of the director of the Division of Workforce Development, there are critical shortages to meet present and future employment needs necessary to the economic growth and competitiveness of the state. The division will publish the list of demand occupations annually in its request for proposals.

(8) The assistant commissioner for Vocational and Adult Education may set aside up to ten percent (10%) of the monies appropriated for regional or statewide projects. The projects shall:

(A) Enhance the delivery system of vocational-technical education;

(B) Integrate academic and vocational-technical education; or (C) Improve the articulation of vocational-technical programs at secondary and postsecondary institutions.

Rescinded and readopted: Filed Oct. 19, 2001, effective May 30, 2002. Moved to 5 CSR 20-200.190, effective Aug. 16, 2011. *Original authority: 161.092, RSMo 1963, amended 1973; and 178.585, RSMo 1993, amended 1995.

History

• authority to determine grant award criteria and annual grant amounts.
• AUTHORITY: sections 161.092 and 178.585, RSMo 2000. This rule previously filed as 5 CSR 60-120.070. Original rule filed Nov. 10, 1993, effective June 6, 1994. Amended: Filed Nov. 22, 1994, effective June 30, 1995. Amended: Filed July 7, 2000, effective Feb. 28, 2001.

5 CSR 20-200.200 Flag Etiquette {#sec-5-csr-20-200.200 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-200.200}

PURPOSE: This rule provides guidelines for flag etiquette and the correct use and display of the United States of America flag.

(1) School districts may adopt a program of instruction relating to the flag of the United States of America, instruction in flag etiquette, correct use and display of the flag and its use in other patriotic exercises.

(2) The program of instruction should include, but not be limited to the following areas:

(A) Times and occasions for display of the flag of the United States, as stated in 36 U.S.C.A. section 174, included as Appendix A to this rule, including:

1. Displays on buildings and stationary flagstaffs in the open;

2. Night display;

3. Manner of hoisting the flag;

4. Prohibitions on display during inclement weather;

5. Appropriate days of display; and 6. Display of the flag on or near public buildings, polling places or schoolhouses;

(B) Proper position and manner of display of the flag of the United States as stated in 36 U.S.C.A. section 175, included as

Appendix B of this rule, including:

1. Appropriate display of the flag;

2. Position of the flag with other flags;

3. Inappropriate displays and prohibited uses of the flag; and 4. Display of the flag at half-staff;

(C) Showing respect for the flag of the United States, as stated in 36 U.S.C.A. section 176, included as Appendix C of this rule, including:

1. Personal displays of respect for the flag;

2. Prohibited uses of the flag;

3. Storage of the flag;

4. Prohibitions on alteration of the flag; and 5. Appropriate destruction of flag no longer suitable for display; and (D) Conduct during hoisting, lowering or passing of flag of the United States as stated in 36 U.S.C.A. section 177, included in the rule as Appendix D of this rule.

(3) The Department of Elementary and Secondary Education shall provide to school districts sample of instructional activities that meet the requirements of section (2) of this rule, as well as other patriotic exercises. Use of the sample will be voluntary by any school district.

Appendix A Time and occasions for display.

(a) Displays on buildings and stationary flagstaffs in open; night display—It is the universal custom to display the flag only from sunrise to sunset on buildings and on stationary flagstaffs in the open. However, when a patriotic effect is desired, the flag may be displayed twenty-four hours a day if properly illuminated during the hours of darkness.

(b) Manner of hoisting—The flag should be hoisted briskly and lowered ceremoniously.

(c) Inclement weather—The flag should not be displayed on days when the weather is inclement, except when an all weather flag is displayed.

(d) Particular days of display—The flag should be displayed on all days, especially on New Year’s Day, January 1;

Inauguration Day, January 20; Lincoln’s Birthday, February 12; Washington’s Birthday, third Monday in February; Easter Sunday (variable); Mother’s Day, second Sunday in May; Armed Forces Day, third Saturday in May; Memorial Day (half-staff until noon), the last Monday in May; Flag Day, June 14; Independence Day, July 4; Labor Day, first Monday in September; Constitution Day, September 17; Columbus Day, second Monday in October; Navy Day, October 27; Veterans Day, November 11; Thanksgiving Day, fourth Thursday in November; Christmas Day, December 25; and such other days as may be proclaimed by the President of the United States; the birthdays of States (date of admission); and on State holidays.

(e) Display on or near administration building of public institutions—The flag should be displayed daily on or near the main administration building of every public institution.

(f) Display in or near polling places—The flag should be displayed in or near every polling place on election days.

(g) Display in or near schoolhouses—The flag should be displayed during school days in or near every schoolhouse.

Appendix B Position and manner of display.

The flag, when carried in a procession with another flag or flags, should be either on the marching right; that is, the flag’s own right, or, if there is a line of other flags, in front of the center of that line.

(a) The flag should not be displayed on a float in a parade except from a staff, or as provided in subsection (i) of this

section.

(b) The flag should not be draped over the hood, top, sides, or back of a vehicle or of a railroad train or a boat. When the flag is displayed on a motorcar, the staff shall be fixed firmly to the chassis or clamped to the right fender.

(c) No other flag or pennant should be placed above or, if on the same level, to the right of the flag of the United States of America, except during church services conducted by naval chaplains at sea, when the church pennant may be flown above the flag during church services for the personnel of the Navy. No person shall display the flag of the United Nations or any other national or international flag equal, above, or in a position of superior prominence or honor to, or in place of, the flag of the United States at any place within the United States or any Territory or possession thereof: Provided, That nothing in this section shall make unlawful the continuance of the practice heretofore followed of displaying the flag of the United Nations in a position of superior prominence or honor, and other national flags in positions of equal prominence or honor, with that of the flag of the United States at the headquarters of the United Nations.

(d) The flag of the United States of America, when it is displayed with another flag against a wall from crossed staffs, should be on the right, the flag’s own right, and its staff should be in front of the staff of the other flag.

(e) The flag of the United States of America should be at the center and at the highest point of the group when a number of flags of States or localities or pennants of societies are grouped and displayed from staffs.

(f) When flags of States, cities, or localities, or pennants of societies are flown on the same halyard with the flag of the United States, the latter should always be at the peak. When the flags are flown from adjacent staffs, the flag of the United States should be hoisted first and lowered last. No such flag or pennant may be placed above the flag of the United States or to the United States flag’s right.

(g) When flags of two or more nations are displayed, they are to be flown from separate staffs of the same height.

The flags should be of approximately equal size. International usage forbids the display of the flag of one nation above that of another nation in time of peace.

(h) When the flag of the United States is displayed from a staff projecting horizontally or at an angle from the window sill, balcony, or front of a building, the union of the flag should be placed at the peak of the staff unless the flag is at half staff.

When the flag is suspended over a sidewalk from a rope extending from a house to a pole at the edge of the sidewalk, the flag should be hoisted out, union first, from the building.

(i) When displayed either horizontally or vertically against a wall, the union should be uppermost and to the flag’s own right, that is, to the observer’s left. When displayed in a window, the flag should be displayed in the same way, with the union or blue field to the left of the observer in the street.

(j) When the flag is displayed over the middle of the street, it should be suspended vertically with the union to the north in an east and west street or to the east in a north and south street.

(k) When used on a speaker’s platform, the flag, if displayed flat, should be displayed above and behind the speaker.

When displayed from a staff in a church or public auditorium, the flag of the United States of America should hold the position of superior prominence, in advance of the audience, and in the position of honor at the clergyman’s or speaker’s right as he faces the audience. Any other flag so displayed should be placed on the left of the clergyman or speaker or to the right of the audience.

(l) The flag should form a distinctive feature of the ceremony of unveiling a statue or monument, but it should never be used as the covering for the statue or monument.

(m) The flag, when flown at half-staff, should be first hoisted to the peak for an instant and then lowered to the halfstaff position. The flag should be again raised to the peak before it is lowered for the day. On Memorial Day the flag should be displayed at half-staff until noon only, then raised to the top of the staff. By order of the President, the flag shall be flown at halfstaff upon the death of principal figures of the United States Government and the Governor of a State, territory, or possession, as a mark of respect to their memory. In the event of the death of other officials or foreign dignitaries, the flag is to be displayed at half-staff according to Presidential instructions or orders, or in accordance with recognized customs or practices not inconsistent with law. In the event of the death of a present or former official of the government of any State, territory, or possession of the United States, the Governor of that State, territory, or possession may proclaim that the National flag shall be flown at halfstaff. The flag shall be flown at half-staff thirty days from the death of the President or a former President; ten days from the day of death of the Vice President, the Chief Justice or a retired Chief Justice of the United States, or the Speaker of the House of Representatives; from the day of death until interment of an Associate Justice of the Supreme Court, a Secretary of an executive or military department, a former Vice President, or the Governor of a State, territory, or possession; and on the day of death and the following day for a Member of Congress. The flag shall be flown at half-staff on Peace Officers Memorial Day, unless that day is also Armed Forces Day. As used in this subsection— (1) the term “half-staff” means the position of the flag when it is one-half the distance between the top and bottom of the staff;

(2) the term “executive or military department” means any agency listed under sections 101 and 102 of Title 5; and (3) the term “Member of Congress” means a Senator, a Representative, a Delegate, or the Resident Commissioner from Puerto Rico.

(n) When the flag is used to cover a casket, it should be so placed that the union is at the head and over the left shoulder. The flag should not be lowered into the grave or allowed to touch the ground.

(o) When the flag is suspended across a corridor or lobby in a building with only one main entrance, it should be suspended vertically with the union of the flag to the observer’s left upon entering. If the building has more than one main entrance, the flag should be suspended vertically near the center of the corridor or lobby with the union to the north, when entrances are to the east and west or to the east when entrances are to the north and south. If there are entrances in more than two directions, the union should be to the east.

Appendix C Respect for flag.

No disrespect should be shown to the flag of the United States of America; the flag should not be dipped to any person or thing. Regimental colors, State flags, and organization or institutional flags are to be dipped as a mark of honor.

(a) The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property.

(b) The flag should never touch anything beneath it, such as the ground, the floor, water, or merchandise.

(c) The flag should never be carried flat or horizontally, but always aloft and free.

(d) The flag should never be used as wearing apparel, bedding, or drapery. It should never be festooned, drawn back, nor up, in folds, but always allowed to fall free. Bunting of blue, white, and red, always arranged with the blue above, the white in the middle, and the red below, should be used for covering a speaker’s desk, draping the front of the platform, and for decoration in general.

(e) The flag should never be fastened, displayed, used, or stored in such a manner as to permit it to be easily torn, soiled, or damaged in any way.

(f) The flag should never be used as a covering for a ceiling.

(g) The flag should never have placed upon it, nor on any part of it, nor attached to it any mark, insignia, letter, word, figure, design, picture, or drawing of any nature.

(h) The flag should never be used as a receptacle for receiving, holding, carrying, or delivering anything.

(i) The flag should never be used for advertising purposes in any manner whatsoever. It should not be embroidered on such articles as cushions or handkerchiefs and the like, printed or otherwise impressed on paper napkins or boxes or anything that is designed for temporary use and discard. Advertising signs should not be fastened to a staff or halyard from which the flag is flown.

(j) No part of the flag should ever be used as a costume or athletic uniform. However, a flag patch may be affixed to the uniform of military personnel, firemen, policemen, and members of patriotic organizations. The flag represents a living country and is itself considered a living thing. Therefore, the lapel flag pin being a replica, should be worn on the left lapel near the heart.

(k) The flag, when it is in such condition that it is no longer a fitting emblem for display, should be destroyed in a dignified way, preferably by burning.

Appendix D Conduct during hoisting, lowering or passing of flag.

During the ceremony of hoisting or lowering the flag or when the flag is passing in a parade or in review, all persons present except those in uniform should face the flag and stand at attention with the right hand over the heart. Those present in uniform should render the military salute. When not in uniform, men should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Aliens should stand at attention. The salute to the flag in a moving column should be rendered at the moment the flag passes.

History

• AUTHORITY: section 161.104, RSMo Supp. 1997. This rule previously filed as 5 CSR 50-865.400. Original rule filed March 24, 1998, effective Oct. 30, 1998. Moved to 5 CSR 20-200.200, effective Aug. 16, 2011. Original authority 1997.

5 CSR 20-200.210 Student Assessment {#sec-5-csr-20-200.210 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-200.210}

PURPOSE: This rule interprets and implements the provisions of the Excellence in Education Act of 1985, section 160.257, RSMo (1994), and the Outstanding Schools Act of 1993, section 160.518, RSMo (1994), which relate to assessment programs in local school districts.

(1) Each local school district shall develop a written plan for assessing all students (including such special populations as students with disabilities who are eligible to receive special education services; students whose first language is not English; migrant students; and gifted and talented students) which meets the standards for the classification and accreditation of public school districts as set forth in 5 CSR 50-340.010.

(2) Each local plan shall include, at a minimum, all available components of the Missouri Assessment Program developed pursuant to the Outstanding Schools Act of 1993, section 160.518, RSMo (with the exception of those districts for whom a wavier has been granted pursuant to subsections 3 and 4 of section 160.518, RSMo). Such assessments shall be used to monitor the progress of ALL students (other than those who may be exempted as specified by Department of Elementary and Secondary Education guidelines) on the Show-Me Standards, and to identify areas for instructional improvement.

(3) Local districts shall include ALL students in the accountability process as set forth in 5 CSR 30-345.010 and applicable federal regulations.

(4) Local district assessment plans shall include methods to assess student progress on those Show-Me Standards which are not assessed by the Missouri Assessment Program.

(5) Upon request, each local school district shall provide the department its local assessment plan, information about test development procedures (if applicable) or any other assessment information the department may require.

rule previously filed as 5 CSR 50-280.010. Original rule filed July 2, 1986, effective Oct. 27, 1986. Amended: Filed Sept. 26, 1988, effective Jan. 27, 1989. Amended: Filed June 30, 1997, effective Jan. 30, 1998. Moved to 5 CSR 20-200.210, effective Aug. 16, 2011. *Original authority: 160.257, RSMo 1985 and 160.518, RSMo 1993.

History

• AUTHORITY: sections 160.257 and 160.518, RSMo 1994. This

5 CSR 20-200.220 Determining Schools Having High Concentrations of Low-Income Children for Purposes of National Defense Education, National Direct and Federal Perkins Student Loan Cancellation {#sec-5-csr-20-200.220 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-200.220}

History

• AUTHORITY: sections 178.430 and 178.440, RSMo 1986. This rule previously filed as 5 CSR 50-300.010. Original rule filed Dec. 24, 1975, effective Jan. 3, 1976. Rescinded and readopted: Filed Jan. 27, 1993, effective Aug. 9, 1993. Moved to 5 CSR 20-200.220, effective Aug. 16, 2011. Rescinded: Filed May 23, 2016, effective Jan. 30, 2017.

5 CSR 20-200.250 Standards for Innovative and Experimental Programs {#sec-5-csr-20-200.250 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-200.250}

PURPOSE: This rule provides specific policies governing offcampus programs and teacher aide programs.

(1) Off-Campus Instruction and Work Experience Programs.

(A) The Department of Elementary and Secondary Education (DESE) recognizes and will approve four (4) types of off-campus programs for students who are sixteen (16) years old or older and juniors or seniors in high school, except that handicapped students must be only sixteen (16) years old or older: academic programs, cooperative vocational education programs, work experience programs for special education students and career exploration programs. School districts may offer other types of off-campus programs without departmental approval but the students enrolled in them may not be counted in membership and attendance for state aid purposes, and the students enrolled in unapproved programs may not be granted high school credit for the off-campus experience.

1. Off-campus academic programs are programs for students who are enrolled in advanced academic or fine arts classes and which have as their goals the acquisition of specialized knowledge and the ability to apply the knowledge to situations which cannot be replicated in a school classroom.

2. Cooperative vocational education programs are programs developed and implemented in accordance with the Handbook for Vocational Education, which is filed as an administrative rule of the Division of Career and Adult Education at 5 CSR 60-120.020.

3. Work experience programs for special education students are programs developed and implemented in accordance with State Plan for Part B of the Education of the Handicapped Act, which is filed as an administrative rule of the Division of Special Education at 5 CSR 70-742.140.

4. Career exploration programs are programs designed to provide students exposure to a variety of occupations as practices on the job site so they may develop their own occupational objectives from direct experience. Students in career exploration programs may spend no more than nine (9) weeks at a particular job site, and then must be rotated through other job sites of interest at least every nine (9) weeks for the duration of the program.

5. Students in cooperative vocational education programs and work experience programs for special education students may be paid for work performed at off-campus locations and will normally be covered by the cooperating sponsors’ Workers’ Compensation insurance and general liability insurance.

Students in off-campus academic programs and in career exploration programs are not expected to perform productive work at off-campus assignments and may not receive pay for their experience in the programs. School districts must arrange for liability insurance to cover accidental injury and job-related illness insurance for students and liability insurance to cover any injuries or damages caused by students on the sponsor’s premises. The school district should also provide liability insurance to protect the supervising teacher and any other school district employees who might be exposed to liability risk due to the placement of students in off-campus programs.

(B) Students in off-campus programs must be adequately supervised by appropriately qualified teachers employed by the public school district and must be working or studying under a written instructional plan, cooperatively developed between the supervising teacher or coordinator and appropriate persons at the off-campus site. The written plan must set forth specific measurable objectives to be achieved by the student and describe a plan for evaluating student achievement. Students are considered to be adequately supervised by appropriately qualified teachers if the following standards are met:

1. Teachers supervising off-campus academic programs must be certificated in the subject in which related instruction is provided and must have assigned time for supervision at the rate of one (1) class period daily for each ten (10) participating students;

2. Teachers supervising cooperative vocational education programs must be certificated in accordance with 5 CSR 60- 120.020 and must be provided supervision time in accordance with that rule;

3. Teachers supervising work experience programs for special education students must be certificated in accordance with 5 CSR 70-742.140 and must be provided supervision time in accordance with that rule;

4. Teachers supervising off-campus career exploration programs must be certificated as secondary social studies teachers or as guidance counselors and must be provided supervision time at the rate of one (1) class period daily for each fifteen (15) participating students; and 5. If any part of the off-campus program is scheduled outside the regular six (6)-hour school day, the school district must pay the supervising teacher or coordinator for the outside-of-school-hours time necessary to provide the required amount of supervision time.

(C) Off-campus students must be enrolled in and receiving related classroom instruction in the regular high school program before credit may be awarded for off-campus study or work experience. This restriction does not apply to handicapped students whose Individual Education Programs (IEP) indicate full-time work experience or to students participating in Option One of the Trade and Industrial/Health Occupations Internship program. Related instruction must be provided daily for at least one (1) class period for students in cooperative vocational education programs and may be provided less frequently than daily for other types of off-campus programs. In every case, the related instruction must be sufficient to justify the granting of at least one-half (1/2) unit of credit. In addition to credit for related instruction, students may be granted credit for the offcampus experiences under the following standards:

1. Students may be awarded one (1) unit of credit for ten to nineteen (10–19) hours weekly of off-campus study or work experience, which totals between three hundred and six hundred (300–600) hours during a school year; or two (2) units of credit for twenty (20) or more hours weekly of off-campus study or work experience, which would total over six hundred (600) hours during a school year;

2. No more than two (2) units of credit, or twice the number of units of credit granted for related instruction, whichever is less, may be awarded for off-campus study or work experience during any school year for off-campus academic programs, cooperative vocational education programs and career exploration programs;

3. Handicapped students whose IEPs indicate a need for additional work experience to make the transition from school to an occupation may earn up to four (4) units of credit during an academic year for off-campus work experience. The additional credit will be based on increments of twenty to thirty (20–30) hours weekly and from thirty to forty (30–40) hours weekly of supervised work experience; and 4. High school credit awarded students for off-campus programs will be assigned to subject areas on the basis of the certification of the supervising teacher or coordinator, the related regular classroom instruction, and the nature of the off-campus program. Credit granted for off-campus instruction or work experience shall be counted as elective credit. Off-campus credit may be counted toward meeting the classification and accreditation standards for curriculum only when approved in the areas of Trade and Industrial, Technical, Health Occupations and Cooperative Occupational Education/ Distributive Education (COE/DE). Other types of off-campus credit may not be counted toward meeting the curriculum standards.

(D) Community Learning Sponsor.

1. A learning sponsor shall have competence, knowledge and skill to provide effective and worthwhile instruction in the learning activities; have good facilities which support the learning activities to be conducted; make definite commitments to assist pupils in the learning activities; maintain a safe and wholesome learning atmosphere for young people; participate in planning, directing and evaluating the instructional program; and make periodic reports to the assigned teacher on the educational progress of the pupil.

2. It shall be the responsibility of the local public school personnel assigned to off-campus instruction to make the previous determinations and obtain necessary cooperation and commitments. It is recommended that agreements be reduced to written form.

(E) Pupils shall meet the minimum age requirements and other provisions of the laws for the off-campus learning activity in which they engage; not replace regular employees at the off-campus community learning station; have parent or guardian consent to participate in the off-campus learning activities; be limited to off-campus instruction which is related to his/her interest, ability and course of study; attend regularly and demonstrate a willingness to learn from the off-campus instruction activities; attend on-campus classes of the public school for at least half time; and be regularly enrolled full-time in the public school program.

(F) Instruction.

1. A principal and counselor shall work with the instructional staff in approval of pupils participating in appropriate off-campus activities.

2. The teacher and pupil shall plan an educational project with written behavioral objectives relating to the pupil’s course of study. The educational project shall include a written plan of learning activities developed cooperatively by the teacher, learning sponsor and pupil. A definite written schedule of conferences between teacher and pupil and on-site visits shall be developed and carried out.

3. A written evaluation plan shall be developed cooperatively by the pupil, teacher and learning sponsor prior to initiation of off-campus instruction.

(G) School districts wishing to establish and implement offcampus instructional or work experience programs must submit written proposals annually, and in advance of the beginning date of the program, for review and action by the appropriate

section of the DESE. Written proposals to establish off-campus academic programs and career exploration programs must be submitted to the director, supervision of instruction; proposals to establish cooperative vocational education programs must be submitted to the appropriate section of the Division of Career and Adult Education; and written proposals for work experience programs for special education students must be submitted to the Division of Vocational Rehabilitation. School districts will be notified of the action taken by the department.

(H) A school district that plans off-campus educational activities in compliance with these policies and statutory provisions regulating the school day, compulsory school attendance, computation of average daily attendance, etc., will have a program that would qualify participating pupils to be counted for regular state aid if they meet all other requirements. Pupils who simply want to work part of the day do not qualify for attendance for state aid.

(2) Teacher Aide Program for High School Students.

(A) Teacher aide programs for high school students may be established in accordance with the provisions for innovation and experimental programs which supplement, improve or enrich the educational program.

(B) The student teacher aide program must be closely supervised by the school district’s certificated teachers since Missouri law requires a school day of six (6) hours in which pupils are under the guidance and direction of teachers in the teaching process for both compulsory attendance and state aid purposes.

(C) Meaningful educational experiences shall be planned for participants in the program so that each day’s activities will provide learning experiences for students.

(D) Provisions should be made for teaching the students how to tutor and the steps to be followed in the tutoring process before they are permitted to tutor pupils.

(E) The certificated staff member who sponsors the program should have sufficient time available to confer with the supervising teachers and to conduct regular group and individual conferences with the high school tutors. If there are as many as ten (10) tutors in the school scheduled for tutoring one (1) or two (2) periods daily, the sponsor should have the equivalent of at least one (1) period daily to supervise and confer with a maximum of thirty (30) tutors. One (1) additional period daily should be provided when the number of tutors exceeds thirty (30) and one (1) additional period for each additional thirty (30) tutors in the program.

(F) A list of the responsibilities of the sponsoring teacher, building principal, supervising teacher and student shall be developed in writing and disseminated to all concerned. All activities of the student must be under the direct control of a certificated teacher of the public school district.

(G) Provisions for evaluating effectiveness of the program should be developed during the planning stages and the program shall be evaluated at least annually.

History

• AUTHORITY: section 161.092, RSMo 1986. This rule previously filed as 5 CSR 50-340.090. Original rule filed Dec. 24, 1975, effective Jan. 3, 1976. Amended: Filed April 12, 1983, effective Aug. 15, 1983. Moved to 5 CSR 20-200.250, effective Aug. 16, 2011. Original authority: 161.092 RSMo 1963, amended 1973.

5 CSR 20-200.260 Academic Standards {#sec-5-csr-20-200.260 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-200.260}

PURPOSE: Section 160.514, RSMo requires the State Board of Education to adopt academic standards which establish the knowledge, skills and competencies necessary for students to successfully advance through the public elementary and secondary education system of this state. This rule establishes those academic standards.

(1) The following academic standards establish the minimum knowledge base, skills and competencies necessary for students to successfully advance through the public elementary and secondary education system of this state; prepare students for post-secondary education or the workplace or both; and are necessary in this era to preserve the rights and liberties of the people. The standards incorporate both what students should know and be able to do.

(A) Goal 1. Students in Missouri public schools will acquire the knowledge and skills to gather, analyze and apply information and ideas. Students will demonstrate within and integrate across all content areas the ability to— 1. Develop questions and ideas to initiate and refine research;

2. Conduct research to answer questions and evaluate information and ideas;

3. Design and conduct field and laboratory investigations to study nature and society;

4. Use technological tools and other resources to locate, select and organize information;

5. Comprehend and evaluate written, visual and oral presentations and works;

6. Discover and evaluate patterns and relationships in information, ideas and structures;

7. Evaluate the accuracy of information and the reliability of its sources;

8. Organize data, information and ideas into useful forms (including charts, graphs, outlines) for analysis or presentation;

9. Identify, analyze and compare the institutions, traditions and art forms of past and present societies; and 10. Apply acquired information, ideas and skills to different contexts as students, workers, citizens and consumers.

(B) Goal 2. Students in Missouri public schools will acquire the knowledge and skills to communicate effectively within and beyond the classroom. Students will demonstrate within and integrate across all content areas the ability to— 1. Plan and make written, oral and visual presentations for a variety of purposes and audiences;

2. Review and revise communications to improve accuracy and clarity;

3. Exchange information, questions and ideas while recognizing the perspectives of others;

4. Present perceptions and ideas regarding works of arts, humanities and sciences;

5. Perform or produce works in the fine and practical arts;

6. Apply communication techniques to the job search and to the workplace; and 7. Use technological tools to exchange information and ideas.

(C) Goal 3. Students in Missouri public schools will acquire the knowledge and skills to recognize and solve problems.

Students will demonstrate within and integrate across all content areas the ability to— 1. Identify problems and define their scope and elements;

2. Develop and apply strategies based on ways others have prevented or solved problems;

3. Develop and apply strategies based on one’s own experience in preventing or solving problems;

4. Evaluate the processes used in recognizing and solving problems;

5. Reason inductively from a set of specific facts and deductively from general premises;

6. Examine problems and proposed solutions from multiple perspectives;

7. Evaluate the extent to which a strategy addresses the problem; and 8. Assess costs, benefits and other consequences of proposed solutions.

(D) Goal 4. Students in Missouri public schools will acquire the knowledge and skills to make decisions and act as responsible members of society. Students will demonstrate within and integrate across all content areas the ability to— 1. Explain reasoning and identify information used to support decisions;

2. Understand and apply the rights and responsibilities of citizenship in Missouri and the United States;

3. Analyze the duties and responsibilities of individuals in societies;

4. Recognize and practice honesty and integrity in academic work and in the workplace;

5. Develop, monitor and revise plans of action to meet deadlines and accomplish goals;

6. Identify tasks that require a coordinated effort and work with others to complete those tasks;

7. Identify and apply practices that preserve and enhance the safety and health of self and others; and 8. Explore, prepare for and seek educational and job opportunities.

(E) Communication Arts. In communication arts, students in Missouri public schools will acquire a solid foundation which includes proficiency in— 1. Speaking and writing standard English (including grammar, usage, punctuation, spelling, capitalization);

2. Reading and evaluating fiction, poetry and drama;

3. Reading and evaluating nonfiction works and material (such as biographies, newspapers, technical manuals);

4. Writing formally (such as reports, narratives, essays) and informally (such as outlines, notes);

5. Comprehending and evaluating the content and artistic aspects of oral and visual presentations (such as story-telling, debates, lectures, multimedia presentations);

6. Participating in formal and informal presentations and discussions of issues and ideas; and 7. Identifying and evaluating relationships between language and culture.

(F) Fine Arts. In fine arts, students in Missouri public schools will acquire a solid foundation which includes knowledge of— 1. Process and techniques for the production, exhibition or performance of one (1) or more of the visual or performed arts;

2. The principles and elements of different art forms;

3. The vocabulary to explain perceptions about and evaluations of works in dance, music, theater and visual arts;

4. Interrelationships of visual and performing arts and the relationships of the arts to other disciplines; and 5. Visual and performing arts in historical and cultural contexts.

(G) Health/Physical Education. In health/ physical education, students in Missouri public schools will acquire a solid foundation which includes knowledge of— 1. Structures of, functions of, and relationships among human body systems;

2. Principles and practices of physical and mental health (such as personal health habits, nutrition, stress management);

3. Diseases and methods for prevention, treatment and control;

4. Principles of movement and physical fitness;

5. Methods used to assess health, reduce risk factors, and avoid high risk behaviors (such as violence, tobacco, alcohol and other drug use);

6. Consumer health issues (such as the effects of mass media and technology on safety and health); and 7. Responses to emergency situations.

(H) Mathematics. In mathematics, students in Missouri public schools will acquire a solid foundation which includes knowledge of— 1. Addition, subtraction, multiplication and division; other number sense, including numeration and estimation; and the application of these operations and concepts in the workplace and other situations;

2. Geometric and spatial sense involving measurement (including length, area, volume), trigonometry, and similarity and transformations of shapes;

3. Data analysis, probability and statistics;

4. Patterns and relationships within and among functions and algebraic, geometric and trigonometric concepts;

5. Mathematical systems (including real numbers, whole numbers, integers, fractions), geometry, and number theory (including primes, factors, multiples); and 6. Discrete mathematics (such as graph theory, counting techniques, matrices).

(I) Science. In science, students in Missouri public schools will acquire a solid foundation which includes knowledge of— 1. Properties and principles of matter and energy;

2. Properties and principles of force and motion;

3. Characteristics and interactions of living organisms;

4. Changes in ecosystems and interactions of organisms with their environments;

5. Processes (such as plate movement, water cycle, air flow) and interactions of earth’s biosphere, atmosphere, lithosphere and hydrosphere;

6. Composition and structure of the universe and the motions of the objects within it;

7. Processes of scientific inquiry (such as formulating and testing hypothesis); and 8. Impact of science, technology and human activity on resources and the environment.

(J) Social Studies. In social studies, students in Missouri public schools will acquire a solid foundation which includes knowledge of— 1. Principles expressed in the documents shaping constitutional democracy in the United States;

2. Continuity and change in the history of Missouri, the United States and the world;

3. Principles and process of governance systems;

4. Economic concepts (including productivity and the market system) and principles (including the laws of supply and demand);

5. The major elements of geographical study and analysis (such as location, place, movement, regions) and their relationships to changes in society and environment;

6. Relationships of the individual and groups to institutions and cultural traditions; and 7. The use of tools of social science inquiry (such as surveys, statistics, maps, documents).

History

• AUTHORITY: section 160.514, RSMo 1994. This rule previously filed as 5 CSR 50-375.100. Original rule filed Oct. 25, 1995, effective May 30, 1996. Moved to 5 CSR 20-200.260, effective Aug. 16, 2011. Original authority: 160.514, RSMo 1993.

5 CSR 20-200.265 Computer Science {#sec-5-csr-20-200.265 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-200.265}

PURPOSE: This rule sets forth requirements relating to computer science education, as outlined in section 170.018, RSMo.

(1) A district may allow a student to fulfill up to one (1) unit of academic credit for high school graduation in mathematics, science, or practical arts with a district-approved computer science course, provided the district meets the criteria set forth in section 170.018.1.(2) and (3), RSMo.

(A) In order for a district to allow computer science to fulfill a mathematics or science credit the student must have either taken, or be on track to take, courses that require end-of-course examinations for mathematics and science. A district electing to utilize mathematics credit must communicate to students that institutions of higher education may require four (4) units of academic credit in mathematics for college admission. In addition, the parent, guardian, or legal custodian of each student who chooses to take a computer science course to fulfill a mathematics credit shall sign and submit to the school district a document containing a statement acknowledging that taking a computer science course to fulfill a mathematics credit may have an adverse effect on college admissions.

(B) A district must identify the type of credit earned by a student who has taken a district-approved computer science course for mathematics or science credit when filling out the course codes in the June Student Course Completion file with the Department of Elementary and Secondary Education (department).

(2) Teachers of a computer science course for students in grades 7-12 must possess either— (A) A Missouri-issued teaching certificate at the appropriate grade level and one (1) of the following:

1. A passing score on the department-designated computer science assessment and department-issued computer science certificate; or 2. A bachelor’s or master’s degree in computer science or some other computer science related four- (4-) year degree; or 3. Documented completion of a department-approved computer science training program or postsecondary course; or (B) A Visiting Scholar Certificate (only applicable for teachers of grades 9-12) and one (1) of the following:

2. An associate’s degree in computer science and an industry recognized credential in computer science or an industry-recognized credential in a computer science related field; or 2. A passing score on the department-designated computer science assessment; or 3. Documented completion of a department-approved computer science training program or postsecondary course.

(3) The department administers the Computer Science Education Fund Grant Program. The fund shall be a dedicated fund and, upon appropriation, moneys in the fund shall be used solely for the administration of grants to eligible entities, as defined in section 170.018.4.(1), RSMo.

(A) Eligible entities applying for grants must demonstrate that they meet the criteria set forth in section 170.018.4.(3)(a)- (f), RSMo.

(B) Eligible entities must submit the reimbursement form to the department by June 15 of each year, even if the training has not yet occurred. Approved training must be completed on or before June 30 of the year in which the reimbursement is requested.

History

• AUTHORITY: section 161.092, RSMo 2016, and section 170.018, RSMo Supp. 2021. Original rule filed Dec. 9, 2021, effective June 30, 2022. Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014, and 170.018, RSMo 2018.

5 CSR 20-200.270 Student Suicide Prevention Programs {#sec-5-csr-20-200.270 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-200.270}

Rescinded: Filed May 23, 2016, effective Jan. 30, 2017.

History

• AUTHORITY: section 161.235, RSMo 2000. This rule previously filed as 5 CSR 60-120.080. Original rule filed Dec. 7, 2000, effective July 30, 2001. Moved to 5 CSR 20-200.270, effective Aug. 16, 2011.

5 CSR 20-200.275 Mental Health Awareness Training {#sec-5-csr-20-200.275 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-200.275}

PURPOSE: This rule sets forth the requirements for section 170.307, RSMo, pertaining to mental health awareness training in Missouri schools.

(1) For school year 2022-23 and each school year thereafter, upon graduation from high school, pupils in public schools and charter schools shall have received a minimum of two (2) hours of mental health awareness training to be given at any time during a pupil’s four (4) years of high school. Instruction shall be included in the local education agency’s existing health and/or physical education curriculum.

(2) The mental health awareness instruction shall be aligned to Missouri K-12 Learning Standards for Social-Emotional Learning (SEL), Missouri and/or national standards and course level expectations in health education, physical education, and school counseling and shall address the following domains:

(A) Defining Mental Health;

(B)

Identifying Strategies for Achieving and Maintaining Sound Mental Wellness;

(C) Decreasing the Stigma of Mental Health Concerns; and (D) Recognizing How to Connect to Services When Needed.

History

• AUTHORITY: section 170.307, RSMo Supp. 2023. Original rule filed April 24, 2023, effective Dec. 30, 2023. Original authority: 170.307, RSMo 2022.

5 CSR 20-200.280 Private School Agriculture Programs {#sec-5-csr-20-200.280 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-200.280}

PURPOSE: The State Board of Education is charged by section 178.530, RSMo, to establish standards for agricultural education programs that may be adopted by a private school. In meeting these standards, a private school will be able to demonstrate that an agricultural education program provides quality vocational programming and qualify for approval of local chapters of a federally chartered national agricultural education association.

(1) The following standards are adopted for the approval of agricultural education programs provided by a private school pursuant to section 178.530, RSMo:

(A) The private school shall be accredited by an agency recognized by the United States Department of Education; and (B) The private school shall provide evidence of quality vocational programming consistent with standards by the Department of Elementary and Secondary Education (department) and consistent with the following standards for agricultural education programs:

1. A written curriculum for all agriculture courses has been developed with input from the community, students, and administration and includes the identification of specific goals and objectives, Supervised Agricultural Experience (SAE) supervision, and leadership instruction;

2. The agriculture program has the resources necessary to implement and deliver the curriculum and to adapt to the needs of students;

3. Each instructor is qualified and participates in professional development activities;

4. All students will have the opportunity to enroll in the agriculture education program;

5. Year-round student leadership development activities are integrated into the agriculture program and are supervised by the local agriculture instructor(s);

6. A SAE Program is an essential part of the agriculture program;

7. Clean, attractive, and safe facilities and equipment are provided to support the curriculum and meet the needs of students;

8. Safety is incorporated into all phases of the agriculture program;

9. Community support and involvement are facilitated through a comprehensive program targeted to all program stakeholders;

10. A record of student enrollment, placement, and follow-up activities is maintained and used in program planning and development; and 11. Input from students, parents, staff members, and community representatives is used to develop and implement the agriculture program’s goals and objectives.

(2) Any student who is regularly enrolled in a secondary (grades 9-12) agricultural education program approved under these standards shall be entitled to become an active member of a chartered Future Farmers of America (FFA) chapter.

History

• AUTHORITY: sections 161.092 and 178.530, RSMo Supp. 2012. Original rule filed Oct. 25, 2012, effective May 30, 2013. Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003 and 178.530, RSMo 1963, amended 1977, 1991, 1995, 2012.

5 CSR 20-200.290 Physical Fitness Challenge/Assessment “Cade’s Law” {#sec-5-csr-20-200.290 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-200.290}

PURPOSE: This rule establishes the physical fitness recognition plan for public elementary, middle, and high school students.

(1) For the purposes of Cade’s Law, the following terms shall mean:

(A) Team is defined as a group of two (2) or more students participating in a class, course, or grade level during the regular school day and school year as defined by the school’s official start and ending dates or summer school;

(B) School includes all Missouri public schools; and (C) Eligible student is defined as a student who is enrolled in a physical education class and does not have an exemption for taking the physical fitness assessment.

(2) Local education agencies (LEAs) collect and report data on aerobic capacity, muscular strength, endurance, and flexibility for all eligible elementary students in grade five (5), middle school students in grade seven (7), and high school students in grade nine (9) who are enrolled in a physical education class for any part of the traditional school year as identified by each LEA’s beginning and ending date or summer school. Public schools are encouraged to assess fitness at all grade levels.

(A) Fitness assessments must be administered by a teacher certified in Physical Education by the state of Missouri.

(B) LEAs shall use recommended protocols and ranges to ensure consistency and to measure the components of fitness for students, teams, and schools. Schools may access these resources and materials from the Department of Elementary and Secondary Education (department) website.

(C) Schools shall use the alternative assessment as recommended by the department for students with disabilities.

(3) Individual, team, and school-wide performance are recognized.

(A) Schools are encouraged to recognize students and teams in meeting fitness goals.

1. Students scoring within the healthy range of a fitness area are determined to have met the standard for that area.

2. When the average of a team score in a fitness area fits within a healthy range, that team is determined to have met the standard in that area.

3. Ninety-five percent (95%) of eligible students in the reporting grade span must participate in each assessment for a school to be eligible for department recognition.

4. When the average score of the students in a reporting grade fall within a fitness range, that school is determined to have met that fitness range for the grade level.

5. For the 2014-2015 school year, schools in which twentyfive percent (25%) of eligible students have met three (3) of four (4) fitness ranges shall be recognized by the department. In subsequent years recognition is based on aggregated school fitness data reported to the department.

(B) The department recognizes local education agencies when every school in the LEA meets the school recognition criteria during a school year.

(4) Schools are encouraged to review and use the free resources and materials, including assessment protocols and scoring guides for each fitness component, found on the department’s website.

History

• AUTHORITY: sections 161.092 and 161.450, RSMo Supp. 2013. Original rule filed Sept. 27, 2013, effective May 30, 2014. Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013.

5 CSR 20-200.300 Training of School Employees in the Care Needed for Students with Diabetes {#sec-5-csr-20-200.300 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-200.300}

PURPOSE: The purpose for this rule is to enable schools to ensure a safe learning environment for students with diabetes. This rule is based on the belief that children with diabetes can participate in all academic and non-academic school-related activities. In order for children with diabetes to be successful in school, a comprehensive health plan must be collaboratively developed by families, students, school personnel, and licensed health care providers. The individualized health plan (IHP) implements the Diabetes Medical Management Plan (DMMP) provided by the healthcare provider, physician orders and provisions appropriate to each student’s needs during the school day and for other school-related activities. The IHP must be based upon and consistent with the DMMP.

(1) For purposes of this rule, the following terms shall mean:

(A) Department of Elementary and Secondary Education (department);

(B) Diabetes Medical Management Plan (DMMP)—a document developed by the student’s personal health care team that sets out the health services needed by the student at school and is signed by the student’s personal health care team and parent/ guardian. For a student determined eligible under Section 504 of the Rehabilitation Act of the Individuals with Disabilities Education Act (IDEA), the DMMP may be incorporated or referenced, as appropriate, into the health services provisions of the student’s 504 Plan or Individualized Education Program (IEP);

(C) Diabetes—a chronic disease in which blood glucose (sugar) levels are above normal;

(D) Personal Health Care Team—a team that includes the student’s health care provider, parent/guardian, and as appropriate, school nurse and/or the student. For a student determined eligible under section 504 of the Rehabilitation Act or the Individuals with Disabilities Education Act (IDEA) the team of individuals required to develop the section 504 Plan or the individualized education program (IEP) may constitute the personal health care team inclusive of the student’s health care provider or input from that provider.

(E) School—shall include any public school located within the state of Missouri;

(F) School employee—shall include any person employed by a local education agency (LEA), any person employed by a local health department who is assigned to an LEA, or any subcontractor designated for this function; and (G) Trained diabetes personnel—a school employee who volunteers to be trained in accordance with this rule. Such employee need not be a health care professional.

(2) The school board of each school district and the governing body of each charter school may provide all students with diabetes in the school or district appropriate and needed diabetes care as specified in their Diabetes Medical Management Plan.

(A) The parent or guardian of each student with diabetes who seeks diabetes care while at school should submit to the school a Diabetes Medical Management Plan (DMMP), which upon receipt shall be reviewed by the school.

(B) The DMMP is developed by the student’s personal health care team and sets out the health services needed by the student at school and is signed by the student’s personal health care team and parent/guardian. The plan covers how, when, and under what circumstances the student should receive blood glucose monitoring and injections of insulin as well as steps to take in case of an emergency.

(C) Schools must receive written permission from the student’s parent/guardian to allow monitoring of the student’s blood glucose and to administer insulin by injection or the delivery system used by the student. This written permission should be included in the DMMP.

(3) Section 167.803, RSMo, requires schools choosing to adopt these training guidelines of this section to train at least three (3) school employees at each school attended by a student with diabetes. A school employee shall not be subject to any penalty or disciplinary action for refusing to serve as trained diabetes personnel.

(A) Training shall be coordinated by a school nurse, if the school district or charter school has a school nurse, and provided by a school nurse or another health care professional with expertise in diabetes. Such training shall take place prior to the commencement of each school year, or as needed when a student with diabetes is newly enrolled at a school or a student is newly diagnosed with diabetes, but in no event more than thirty (30) days following such enrollment or diagnosis.

Local boards of education or charter school governing boards shall ensure that the school nurse or other health care professional provides follow-up training and supervision as necessary. Coordination, delegation, and supervision of care shall be performed by a school nurse or other qualified health care professional.

(B) Training shall include, but not be limited to— 1. Understanding the appropriate actions to take when blood glucose levels are outside of the target ranges indicated by a student’s DMMP;

2. Understanding physician instructions concerning diabetes medication drug dosage, frequency, and the manner of administration;

3. Performance of finger-stick blood glucose checking, ketone checking, and recording the results;

4. The administration of glucagon and insulin and the recording of results;

5. Understanding how to perform basic insulin pump functions;

6. Recognizing complications that require emergency assistance; and 7. Understanding recommended schedules and food intake for meals and snacks, the effect of physical activity upon blood glucose levels, and actions to be implemented in the case of schedule disruption.

(C) Schools shall document training provided under section 167.803, RSMo. Specifically, schools shall record the name, title, and credentials of the health care professional providing the training, and the names and titles of the school personnel receiving training as trained diabetes personnel.

(D) Schools will assure that trained personnel have mastered training competencies. Suggested resources for developing a diabetes skills checklist can be found on the department’s website.

(E) The department recommends that all trained diabetes personnel and other school personnel be familiar with recommended resources available on the department’s website.

(F) If at any time fewer than three (3) school employees are available to be trained at a school, the principal or other school administrator shall distribute to all staff members a written notice seeking volunteers to serve as diabetes care personnel.

The notice shall inform staff of the following:

1. The school shall provide diabetes care to one (1) or more students with diabetes and is seeking personnel willing to be trained to provide that care;

2. The tasks to be performed;

3. Participation is voluntary and the school district or school shall take no action against any staff member who does not volunteer to be designated;

4. Training shall be provided to employees who volunteer to provide care;

5. Trained personnel are protected from liability under

section 167.831, RSMo; and 6. The identity and contact information of the individual who should be contacted to volunteer.

(4) Each school shall review and may implement the DMMP provided by the parent/guardian of a student with diabetes who seeks diabetes care while at school. Generally, the school nurse is the most appropriate person in the school setting to provide care management for a student with diabetes. Other trained diabetes personnel shall be available as necessary.

(A) The school nurse or at least one (1) trained diabetes personnel may be on site at each school and available during regular school hours and during all school sponsored activities, including school-sponsored before school and after school care programs, field trips, extended off-site excursions, extracurricular activities, and on buses when the bus driver has not completed the necessary training, to provide care to each student with a DMMP being implemented by the school.

(B) Each LEA may provide training in the recognition of hypoglycemia and hyperglycemia and actions to take in response to emergency situations to all school personnel who have primary responsibility for supervising a child with diabetes during some portion of the school day and to bus drivers responsible for the transportation of a student with diabetes.

(C) In accordance with the request of a parent/guardian of a student with diabetes and the student’s DMMP, the school nurse or, in the absence of the school nurse, trained diabetes personnel, may perform functions including, but not limited to, responding to blood glucose levels that are outside of the student’s target range; administering glucagon, administering insulin, or assisting a student in administering insulin through the insulin delivery system the student uses; providing oral diabetes medications, checking and recording blood glucose levels and ketone levels, or assisting a student with such checking and recording; and following instructions regarding meals, snacks, and physical activity.

(D) Upon written request of a student’s parent/guardian and if authorized by the student’s DMMP, a student with diabetes shall be permitted to perform blood glucose checks, administer insulin through the insulin delivery system the student uses, treat hypoglycemia and hyperglycemia, and otherwise attend to the monitoring and treatment of his/her diabetes in the classroom, in any area of the school or school grounds, and at any school-related activity, and he/she shall be permitted to possess on his/her person at all times all necessary supplies and equipment to perform such monitoring and treatment functions. If the parent/guardian or student so requests, the student shall have access to a private area for performing diabetes care tasks. Schools should encourage parents to provide backup supplies for each child to the school nurse in the event the student does not have them in possession when needed.

(5) Sample forms of Diabetes Medical Management Plans (DMMPs) are available on the department website.

(A) A DMMP shall be signed by a health care professional.

(B) A DMMP should— 1. Outline the dosage, delivery system, and schedule for blood glucose monitoring, insulin/medication administration, glucagon administration, ketone monitoring, meals and snacks, physical activity, and include the student’s usual symptoms of hypoglycemia and hyperglycemia, and their recognition and treatment;

2. Include emergency contact information;

3. Address the student’s level of self-care and management.

(C) A proposed DMMP should be completed and submitted to the school at least annually.

(D) Emergency contact information and any medical history contained in the DMMP may be updated at any time without signature or assistance of a health care professional.

(6) No physician, nurse, school employee, charter school, or school district shall be liable for civil damages or subject to disciplinary action under professional licensing regulations or school disciplinary policies as a result of the activities authorized by sections 167.800 to 167.824, RSMo, when such acts are committed as an ordinarily reasonably prudent person would have acted under the same or similar circumstances.

History

• AUTHORITY: sections 161.092 and 167.800 to 167.824, RSMo Supp. 2013. Original rule filed Sept. 27, 2013, effective May 30, 2014. Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013.

5 CSR 20-200.310 Administration of High School Equivalence Program {#sec-5-csr-20-200.310 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-200.310}

PURPOSE: The Department of Elementary and Secondary Education (department) determines applicant eligibility, arranges for testing, establishes minimum standard score requirements, issues certificates, and approves reexamination.

(1) To be eligible to earn a Missouri Certificate of High School Equivalence, a person must be a resident of Missouri (with a Missouri mailing address) and meet one (1) of the following requirements:

(A) Be seventeen (17) years of age or older;

(B) Be currently enrolled in school and qualify as a participant in an approved Missouri Option Program for at-risk youth;

(C) Be withdrawn from school, have successfully completed sixteen (16) units of credit toward high school graduation, and have written confirmation of course completion from the superintendent of schools where the most recent high school graduation credits were earned; or (D) If home schooled, have met the requirements of section 167.031, RSMo, for course instruction, and have written permission of the parent or legal guardian.

(2) Missouri Certificate of High School Equivalence administration.

(A) The test(s) to earn a certificate is administered under the direction of the department at testing centers approved and designated by the department.

(B) Scheduling a test may be completed online.

(C) The examinee-selected testing center approved and designated by the department is responsible for confirming positive identification of examinees. Positive identification is defined in this rule as— 1. A current, permanent Missouri driver’s license, which includes a driver, nondriver, intermediate, commercial, or instruction (learner’s) permit;

2. A temporary Missouri license, which includes a temporary driver, nondriver, intermediate, commercial, or instruction (learner’s) permit;

3. A Missouri non-driver identification card;

4. A U.S.-issued passport, or passport card, and proof of Missouri residency per paragraphs (2)(C)1.–3.;

5. A U.S. Military ID and proof of Missouri residency per paragraphs (2)(C)1.–3.; or 6. A tribal identification card and proof of Missouri residency per paragraphs (2)(C)1.–3.

(D) Before being allowed to take the tests, examinees will be required to present appropriate original supporting documentation to the local testing center approved and designated by the department.

1. Examinees who are over seventeen (17) years of age who have dropped out of school— A. Must provide positive identification as defined above in (2)(C) if they are taking the test at a high school equivalence testing center approved and designated by the department; or B. Must provide the following, if they are taking the test at home or a secure location:

(I) The examinee’s full name;

(II) The examinee’s date of birth;

(III) The last four (4) digits of the examinee’s Social Security number; and (IV) The examinee’s assigned testing ID number.

2. Examinees who are enrolled in the Missouri Option Program must provide— A. A school-issued identification card or badge that shows all of the following:

(I) The student’s full name;

(II) The student’s current address;

(III) The student’s date of birth;

(IV) The student’s signature; and (V) The student’s photograph; or B. A school-issued identification card or badge that does not show all of the information required in subparagraph (2)

(D)2.A., in combination with a letter on the student’s school letterhead and signed by their Missouri Option Program teacher, coordinator, or authorized school personnel that contains the information required in parts (2)(D)2.A.(I)–(V); and C. Any of the forms of identification outlined in this

regulation, if the examinee is enrolled in the Missouri Option Program and is in the custody of the state or county.

(E) Examination fee(s) must be paid by the examinee to cover the cost of administering the program. Based on the test(s) identified by the department and method of test administration chosen by the examinee, fees may be paid to the department, testing center approved and designated by the department, or test vendor. These fees are nonrefundable and nontransferable. Duplicate certificates are available for an additional fee.

(3) The Missouri Certificate of High School Equivalence is awarded on the basis of the successful completion of the designated test(s). Minimum standard scores are established in accordance with policies of the department.

(4) Certificates are issued only by the department. Public high schools are not permitted to issue these certificates nor are they permitted to issue a diploma on the basis of the designated test(s) unless the district is part of the Missouri Option Program.

(5) Reexamination.

(A) An applicant who fails to qualify for the certificate on the first testing may be approved for additional attempts. The applicant is responsible for all applicable fees.

(6) Tests given by the Defense Activity for Nontraditional Education Support (DANTES) or United States Armed Forces Institute (USAFI) are recognized by Missouri. Scores must be submitted to the High School Equivalency Office, PO Box 480, Jefferson City, MO 65102-0480. A certificate will be issued if the standard scores meet the minimum score requirements.

History

• AUTHORITY: sections 161.092, 161.093, and 167.031, RSMo 2016, and section 161.095, RSMo Supp. 2021. This rule previously filed as

5 CSR 60-100.020 and 5 CSR 20-500.330. Original rule filed Oct. 10, 1969, effective Oct. 20, 1969. Amended: Filed Oct. 14, 1976, effective Feb. 1, 1977. Amended: Filed Feb. 13, 1978, effective May 15, 1978. {#sec-5-csr-60-100.020 omnilex-key=us-mo-regs-official--title-5--5 CSR 60-100.020}

Amended: Filed June 28, 1985, effective Oct. 14, 1985. Amended:

Filed Sept. 25, 1987, effective Jan. 29, 1988. Amended: Filed Jan. 28, 1992, effective Sept. 6, 1992. Amended: Filed Oct. 31, 1996, effective June 30, 1997. Amended: Filed March 24, 1998, effective Oct. 30, 1998. Amended: Filed March 21, 2001, effective Oct. 30, 2001.

Amended: Filed Sept. 24, 2002, effective April 30, 2003. Amended:

Filed Nov. 28, 2007, effective June 30, 2008. Amended: Filed Jan. 4, 2010, effective July 30, 2010. Moved to 5 CSR 20-500.330, effective Aug. 16, 2011. Amended: Filed April 20, 2012, effective Dec. 30, 2012. Moved to 5 CSR 20-200.310 and amended: Filed Dec. 9, 2021, effective June 30, 2022. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014; 161.093, RSMo 1977; 161.095, RSMo 1977, amended 2018; and 167.031, RSMo 1963, amended 1977, 1986, 1990, 1993, 2004, 2006, 2008, 2009.

Chapter 300 Office of Special Education

5 CSR 20-300.120 Individuals with Disabilities Education Act, Part C {#sec-5-csr-20-300.120 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-300.120}

5 CSR 20-300.130 State Agency Payments to School Districts for Educational Services 5 CSR 20-300.140 {#sec-5-csr-20-300.130 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-300.130}

5 CSR 20-300.150 Administrative Policies of the State Schools for Severely Disabled 5 CSR 20-300.160 5 CSR 20-300.170 5 CSR 20-300.180 5 CSR 20-300.190 5 CSR 20-300.200 Denny Hoskins (6/30/26) {#sec-5-csr-20-300.150 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-300.150}

SECONDARY EDUCATION

5 CSR 20-300.110 Individuals with Disabilities Education Act, Part B {#sec-5-csr-20-300.110 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-300.110}

PURPOSE: The Department of Elementary and Secondary Education is eligible to apply for and receive federal funds under the Individuals with Disabilities Education Act (IDEA), Part B, for the provision of special education and related services to eligible children and youth. This rule incorporates by reference changes to the state plan required by federal statutes for the provision of the services to eligible children.

PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) The Missouri state plan for the Individuals with Disabilities Education Act (IDEA), Part B, contains the administrative provision for the delivery of special education and related services to eligible children and youth.

(2) The content of this state plan for the Individuals with Disabilities Education Act (IDEA), Part B (revised December 2025), which is hereby incorporated by reference and made a part of this rule, meets the federal statute and Missouri’s compliance in the following areas. A copy of the IDEA, Part B, is published by and can be obtained from the Department of Elementary and Secondary Education, Office of Special Education, 205 Jefferson Street, PO Box 480, Jefferson City, MO 65102-0480, and at its website at https://dese.mo.gov/ governmental-affairs/dese-administrative-rules/incorporatedreference-materials. This rule does not incorporate any subsequent amendments or additions.

(A) General Provisions:

1. Applicability;

2. General Supervision Responsibilities;

3. Performance Goals and Indicators;

4. State Administration;

5. Full Educational Opportunities Goal;

6. Amendments;

7. Definitions;

8. Condition of Assistance;

9. Consistency with State Policies;

10. Information for State Education Agency (SEA); and 11. Hearings Related to Public Agency Eligibility.

(B) Confidentiality:

1. Confidentiality of Personally Identifiable Information.

(C) Identification and Evaluation:

1. Child Find;

2. Definitions and Criteria for Determination of Eligibility;

3. Procedures for Evaluation and Determination of Eligibility; and 4. Additional Procedures.

(D) Free Appropriate Public Education (FAPE)/Individualized Education Program (IEP)/Least Restrictive Environment (LRE):

1. Free Appropriate Public Education (FAPE);

2. Methods of Ensuring Services;

3. Individualized Education Program (IEP);

4. Individualized Education Program (IEP) Participation and Implementation;

5. Least Restrictive Environment (LRE);

6. Transition of Children from Part C Services to Part B Services; and 7. Failure to Provide Free Appropriate Public Education (FAPE).

(E) Procedural Safeguards/Discipline:

1. Opportunity to Examine Education Records/Parent Participation in Meetings;

2. Independent Educational Evaluation (IEE);

3. Written Notice;

4. Procedural Safeguards Notice;

5. Parental Consent;

6. Child Complaint Process;

7. Mediation;

8. Due Process Complaint;

9. Resolution Process;

10. State-level Due Process Hearings;

11. Educational Surrogates;

12. Transfer of Parental Rights at Age of Majority; and 13. Disciplinary Actions/Removals/Expedited Hearings.

(F) Disproportionality:

1. Overidentification and Disproportionality;

2. Suspension and Expulsion Rates; and 3. Significant Disproportionality.

(G) Other Requirements:

1. Access to Instructional Materials;

2. Purchase of Instructional Materials;

3. Records Regarding Migratory Children with Disabilities;

4. Prohibition on Mandatory Medication; and 5. Routine Checking of Hearing Aids and External Components of Surgically Implanted Medical Devices.

(H) Personnel Standards:

1. Personnel Qualifications.

(I) Caseloads:

1. Class Size and Caseloads.

(J) Fiscal Requirements:

1. Subgrants to Public Agencies;

2. Accounting and Payment Procedures;

3. Excess Costs;

4. Maintenance of Effort;

5. Withholding of Payments; and 6. Personnel.

(K) Early Childhood Special Education (ECSE) Expenditures:

1. Early Childhood Special Education (ECSE) Expenditure Requirements.

(L) Stakeholders:

1. Public Participation;

2. Public Attention; and 3. State Advisory Panel.

(M) Private Schools:

1. Children Enrolled by Their Parents in Private Schools When FAPE is at Issue;

2. Children with Disabilities Enrolled by Their Parents in Private Schools–Child Find; and 3. Public Agency Requirements to Provide Services for Parentally Placed Private School Children with Disabilities.

(N) Approved Private Agencies:

1. Students Placed in Approved Private Agencies by Public Agencies; and 2. Application, Evaluation, and Approval of Private Educational Agencies.

(6/30/26) Denny Hoskins (O) Special School Districts:

1. Basis for Compliance;

2. Structure of Compliance; and 3. Compliance Requirements.

(P) State Operated Programs:

1. SEA Provision of Direct Services;

2. Missouri Schools for the Severely Disabled; and 3. Missouri School for the Blind and Missouri School for the Deaf.

rule previously filed as 5 CSR 70-742.140. Original rule filed April 11, 1975, effective April 21, 1975. Amended: Filed March 1, 1977, effective April 15, 1977. Amended: Filed Feb. 7, 1978, effective March 13, 1978. Amended: Filed Dec. 11, 1978, effective Jan. 15, 1979. Amended: Filed Aug. 29, 1979, effective Oct. 15, 1979.

Amended: Filed Sept. 24, 1980, effective Nov. 15, 1980. Amended:

Filed Oct. 12, 1983, effective Nov. 15, 1983. Amended: Filed Feb. 25, 1987, effective March 26, 1987. Amended: Filed Jan. 30, 1989, effective Feb. 24, 1989. Amended: Filed July 3, 1989, effective Oct. 27, 1989. Amended: Filed Oct. 23, 1991, effective Jan. 13, 1992.

Amended: Filed Nov. 25, 1992, effective Feb. 26, 1993. Amended:

Filed Sept. 23, 1994, effective Dec. 30, 1994. Amended: Filed March 29, 1996, effective Oct. 30, 1996. Amended: Filed Oct. 23, 1996, effective Jan. 30, 1997. Amended: Filed July 3, 2001, effective Sept. 30, 2001. Amended: Filed Jan. 5, 2004, effective March 30, 2004.

Amended: Filed Nov. 15, 2004, effective Jan. 30, 2005. Amended:

Filed Aug. 5, 2005, effective Oct. 30, 2005. Amended: Filed May 25, 2007, effective Aug. 30, 2007. Amended: Filed May 12, 2010, effective July 30, 2010. Moved to 5 CSR 20-300.110, effective Aug. 16, 2011. Amended: Filed March 1, 2013, effective May 30, 2013.

Amended: Filed Jan. 14, 2014, effective March 30, 2014. Amended:

Filed April 27, 2015, effective July 30, 2015. Amended: Filed March 25, 2016, effective June 30, 2016. Amended: Filed May 10, 2017, effective July 30, 2017. Amended: Filed Nov. 1, 2017, effective Jan. 30, 2018. Amended: Filed May 10, 2019, effective July 30, 2019.

Amended: Filed May 5, 2020, effective July 30, 2020. Amended:

Filed April 12, 2021, effective June 30, 2021. Amended: Filed April 11, 2022, effective June 30, 2022. Amended: Filed Jan. 3, 2023, effective July 30, 2023. Emergency amendment filed Sept. 16, 2025, effective Sept. 30, 2025, expired March 28, 2026. Amended: Filed Sept. 16, 2025, effective March 30, 2026. Amended: Filed Dec. 12, 2025, effective July 30, 2026. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014, and 162.685, RSMo 1973.

History

• AUTHORITY: sections 161.092 and 162.685, RSMo 2016. This

5 CSR 20-300.120 Individuals with Disabilities Education Act, Part C {#sec-5-csr-20-300.120 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-300.120}

(Moved to 5 CSR 25-100.120)

5 CSR 20-300.130 State Agency Payments to School Districts for Educational Services {#sec-5-csr-20-300.130 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-300.130}

(Moved to 5 CSR 30-660.095)

5 CSR 20-300.140 Extraordinary Cost Fund {#sec-5-csr-20-300.140 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-300.140}

(Rescinded January 30, 2019)

History

• AUTHORITY: section 162.975(1), RSMo Supp. 1999. This rule previously filed as 5 CSR 70-742.170. Original rule filed Aug. 8, 1997, effective March 30, 1998. Amended: Filed July 28, 2000, effective Feb. 28, 2001. Moved to 5 CSR 20-300.140, effective Aug. 16, 2011. Rescinded: Filed June 21, 2018, effective Jan. 30, 2019.

5 CSR 20-300.150 Administrative Policies of the State Schools for Severely Disabled Regarding Approved Private Agencies {#sec-5-csr-20-300.150 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-300.150}

(Rescinded January 30, 2018)

Amended: Filed July 23, 1993, effective Jan. 31, 1994. Moved to 5 CSR 20-300.150, effective Aug. 16, 2011. Rescinded: Filed June 29, 2017, effective Jan. 30, 2018.

History

• AUTHORITY: section 161.092, RSMo 1963. This rule previously filed as 5 CSR 70-760.070. Original rule filed Dec. 23, 1975, effective Jan. 2, 1976. Amended: Filed June 4, 1979, effective Sept. 14, 1979.

5 CSR 20-300.160 Establishment of Sheltered Workshops {#sec-5-csr-20-300.160 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-300.160}

PURPOSE: The Department of Elementary and Secondary Education, Division of Special Education shall issue a certificate of authority to a not-for-profit corporation that meets the requirements listed in this regulation to operate a workshop which offers but does not entitle employment to persons with disabilities who have been approved by the department for such employment. Corporations seeking a certificate of authority shall file documents prescribed by statute and regulation.

(1) For the purpose of this rule, the following terms shall mean:

(A) “Employee”—a person with a disability (“disabled persons” as defined in section 178.900, RSMo) employed in a workshop. All persons employed by a sheltered workshop shall demonstrate productive capacity and their behavior shall contribute to the work environment of that shop. These regulations shall neither mandate nor prohibit employment of individuals who require personal supports which go beyond reasonable accommodations;

(B) “Staff”—persons employed by a workshop as defined in

section 178.900, RSMo;

(C) “Workshop”—an extended employment sheltered workshop as defined in section 178.900, RSMo;

(D) “Department”—the Missouri Department of Elementary and Secondary Education;

(E) “Disability”—those conditions as defined in section 178.900, RSMo;

(F) “Gross revenue”—income from all sources;

(G) “Accrual accounting system”—a system of accounting based on recognition of income and expenses when incurred;

(H) “Productive capacity”—the amount of work accomplished by an employee with a disability, with reasonable accommodations, in proportion to that accomplished on the same or similar task by an experienced non-disabled employee.

A minimum productive capacity level may be specified by the board of directors;

(I) “Full-time equivalent (FTE)”—equals six (6) person hours per day worked by an approved employee or combination of employees; and (J) “Reimbursable time”—time or activity that is related to production, training, and/or reasonable wait time, which must be paid in accordance to United States Department of Labor regulations, that occurs normally as a part of the production process. After wait time exceeds twelve (12) consecutive hours, state aid can only be claimed if training is provided.

(2) A not-for-profit corporation, registered with the Missouri secretary of state, founded for the purpose of administering a workshop, and engaged in the employment and rehabilitation of people with disabilities, as defined in section 178.900, RSMo, shall be a corporation engaged in the business of operating a workshop. The department only has authority to monitor activity associated with the business of operating a sheltered Denny Hoskins (2/28/26) workshop or related to funding provided for operating a sheltered workshop. The workshop may enter into a written agreement for the purposes of sharing the purchasing of materials or services, sharing personnel, or sharing buildings and equipment. The agreement shall provide the responsibilities of each party. The agreement or any renewal or extension of the agreement shall be approved by the governing board of directors of the sheltered workshop who will ensure that the agreement does not violate any state or federal laws.

The corporation shall apply for and be granted a certificate of

(A) An authorization from the Wage and Hour Division of the United States Department of Labor to pay subminimum wages;

(B) Evidence of exempt status under section 501(c)(3) of the United States Internal Revenue Tax Code:

(C) A copy of the first year’s proposed budget which contains the following:

1. Budget message;

2. Estimated revenue;

3. Proposed expenditures;

4. Amount required for interest payments on debt;

5. Amount required for principal payments on debt; and 6. Budget summary.

In addition to the proposed budget, incorporation papers and bylaws for the workshop shall be provided to the department;

(D) Evidence of Workers’ Compensation insurance, as well as sufficient other insurance coverage to adequately protect its employees, the general public having access to workshop property, and all real and personal property for which the workshop is responsible from loss and liability. Workshops shall consider the recommendations of all local, state and federal monitoring agencies when designing insurance coverage and safety programs;

(E) A list of any approved grants, the funds from which would be used in the operation of the workshop;

(F) A copy of one (1) or more income-producing contract for the workshop, which is or together are sufficient, in the judgment of the department, to provide work for at least fifteen (15) full-time employees for at least a three (3)-month period;

(G) Organizations that have been in existence for more than one (1) year prior to application shall supply a certified audit of the previous fiscal year’s operation;

(H) Evidence of an active work force of not fewer than fifteen (15) eligible employees;

(I) Evidence of exemption from sales/use taxes from the Missouri Department of Revenue;

(J) Evidence the corporation has use of an appropriate facility or facilities in which to operate a workshop which substantially complies with all applicable federal, state, and local laws and regulations relating to safety, health, and accessibility; and (K) A description of the proposed administrative and supervisory staffing to be employed to conduct daily operations of the workshop.

(3) Within fifteen (15) days of receipt of an application, the department shall notify the applicant whether the application is considered complete, and if not, what deficiencies exist. The omission of any of the documents specified in section (1) from the application or the failure of the applicant to complete the form FP-100-1 (Application for Extended Employment Sheltered Workshop Certificate) may result in the review and approval of the application being delayed or rejected. Applicants submitting incomplete materials shall have forty-five (45) days from the date of receipt of a notice from the department of the application being incomplete to complete all materials and to respond to any questions or file with the department additional documents which it may require. Applications which are not complete, as determined by the department, within sixty (60) days of their original receipt shall be rejected and notification of such rejection sent to the applicant. Any subsequent submittal by the same applicant shall be treated as a new application for the purpose of review and approval.

(4) Within thirty (30) days of the department’s notification of the applicant that its application is complete, the department shall schedule a public hearing in the local community in which the workshop is proposed to be located. The time and place of the public hearing shall be determined by the department, in consultation with the applicant. The department shall file all notices required by law to conduct a public hearing.

(5) The department shall notify the applicant in writing within ten (10) days following the hearing of its decision whether or not to grant a certificate of authority. If the application is approved, the department shall issue a certificate of authority within thirty (30) days of the hearing. If the department decides not to grant a certificate of authority, it shall notify the applicant in writing stating the specific reasons for its decision to deny a request to grant a certificate of authority. Applicants for whom a certificate of authority is not granted may appeal the decision pursuant to Chapter 536, RSMo.

Moved to 5 CSR 20-300.160, effective Aug. 16, 2011. Amended: Filed Aug. 27, 2013, effective March 30, 2014. *Original authority: 178.920, RSMo 1965.

History

• authority from the department in order to qualify for the receipt of state funds. To make application for a certificate of authority, a corporation shall file form FP-100-1 (Application for Extended Employment Sheltered Workshop Certificate), together with each of the following documents with the department for its review and approval:
• AUTHORITY: section 178.920, RSMo 2000. This rule previously filed as 5 CSR 70-770.010. Original rule filed Dec. 23, 1975, effective Jan. 2, 1976. Amended: Filed Nov. 23, 1998, effective July 30, 1999.

5 CSR 20-300.170 Operation of Extended Employment Sheltered Workshops {#sec-5-csr-20-300.170 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-300.170}

PURPOSE: This rule specifies minimum operating standards for a workshop which has been granted a certificate of authority.

(1) Continued operation of a workshop must be evidenced by the availability and eligibility of not fewer than fifteen (15) employees.

(2) The not-for-profit corporation which operates a workshop shall maintain substantial compliance with all federal or state statutes or regulations, or local ordinances at all times.

(3) A copy of any notification of noncompliance with federal or state laws or regulations shall be provided to the Department of Elementary and Secondary Education (department) by the workshop receiving such notice. This includes, but is not limited to, the United States Department of Labor, Wage and Hour Division; Occupational Safety and Health Administration;

Department of the Treasury; Internal Revenue Service; and the Social Security Administration. Such notice shall be provided within twenty (20) calendar days of its initial receipt by the workshop. Failure to do so may result in the suspension of state aid payments.

(2/28/26) Denny Hoskins (4) Gross revenues from the operations of a workshop shall be used first to support current operating expenses, including paying employees commensurate wages for comparable work in industry, in accordance with the regulations of the Wage and Hour Division, United States Department of Labor. Remaining revenue may be used for capital expenditures for equipment, buildings, or expansion of activities as determined by the workshop board.

(5) A workshop shall maintain sufficient insurance coverage to adequately protect its employees, the general public having access to workshop property and all real and personal property for which the workshop is responsible from loss and liability. Workshops shall consider the recommendations of all local, state, and federal monitoring agencies when designing insurance coverage and safety programs.

(6) The corporate board of directors and workshop manager shall observe sound business and financial practice in all areas including but not limited to subcontracting, purchasing of materials, sale of products and services, budget and accounting control and safeguarding of property and material. The workshop shall maintain a comprehensive accrual or modified accrual accounting system which accurately represents the financial condition of the corporation. Separate and accurate financial accounting shall be provided for each major program provided by the workshop.

(7) No fees shall be charged to employees approved by the department to work in a workshop.

(8) Hourly wages paid approved employees shall not be less than ten percent (10%) of the minimum wage standard as determined by the United States Department of Labor. The average income per hour for each approved employee working at piece rates shall be not less than ten percent (10%) of the minimum wage standard as determined by the United States Department of Labor during any work week.

(9) Approved employees of a workshop shall be engaged in production work, or vocational-related training at all times during which state aid is claimed. Vocational-related training shall be paid at ten percent (10%) of the current federal minimum. During any fiscal quarter, a workshop should have no less than eighty percent (80%) of its reimbursable time in income producing work. State aid shall be paid for vocationalrelated training time up to a maximum of twenty percent (20%) of a workshop’s quarterly reimbursable time. The department may waive this requirement for workshops located in an area declared by the governor to be a state of emergency for up to one (1) year after the declaration. Documentation of the time per employee and content of vocational-related training provided shall be maintained for inspection by department staff.

(10) The board of directors of workshop shall notify the department of any change in the employment status of the workshop manager, (e.g., hire, release, placed on leave, etc.); the notification shall be made in writing within five (5) days of the change.

(11) The maximum work day for state aid purposes shall be as set forth in section 178.930, RSMo.

(12) Monitoring may be done periodically by the department to ensure compliance with these regulations. If the department determines there is evidence of a violation of regulation, the department shall notify the manager and board of the determination. The workshop shall prepare a corrective action plan to achieve compliance as required. The corrective action plan, with a time frame for completion, shall be submitted within ninety (90) days of receipt of the monitoring findings by the workshop. Failure to do so may result in the suspension of state aid payments.

(13) Every workshop shall have in effect written policies and procedures for investigating and resolving complaints of abuse and neglect.

(14) Every workshop shall have in effect policies and procedures for resolving employee grievances.

Amended: Filed Nov. 23, 1998, effective July 30, 1999. Moved to 5 CSR 20-300.170, effective Aug. 16, 2011. Amended: Filed Aug. 27, 2013, effective March 30, 2014. *Original authority: 178.900, RSMo 1965, 2011; 178.910, RSMo 1965; 178.920, RSMo 1965; 178.930, RSMo 1965, amended 1972, 1973, 1975, 1979, 1987, 1993, 1994, 1997, 1998, 2001, 2007, 2010.

Op. Atty. Gen. No. 21, Millan, 11-22-71. Neither special funds from levies authorized by section 205.971, RSMo (1969) pertaining to county sheltered workshops nor funds from general revenue may be used by the directors of a county sheltered workshop or by a court to pay for the support, care or upkeep of county residents in a county sheltered workshop facility of another county. Persons living at a county residence workshop facility must come within the definition of “handicapped persons’’ in section 178.900, RSMo (1969) and be employed at the facility or in the community.

History

• AUTHORITY: sections 178.900 and 178.930, RSMo Supp. 2013, and sections 178.910 and 178.920, RSMo 2000. This rule previously filed as 5 CSR 70-770.020. Original rule filed Dec. 23, 1975, effective Jan. 2, 1976. Amended: Filed Oct. 2, 1981, effective Jan. 18, 1982.

5 CSR 20-300.180 Renewal or Revocation of a Certificate of {#sec-5-csr-20-300.180 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-300.180}

PURPOSE: Renewal of a certificate of authority is required annually and revocation may occur under certain conditions.

(1) Workshops which are current grantees of a certificate of

(A) The proposed budget for the current fiscal year;

(B) An audit prepared by an independent certified public accountant for the fiscal year just ended;

(C) A listing of the board’s membership, including the name, address, office held and expiration date of each member’s term;

(D) An original copy of a signature sheet showing the official signatures of the officers of the corporation;

(E) A list of all management and supervisory staff, indicating the position, normal work location and length of service with the workshop corporation; and (F) An original copy of the assurance of compliance form signed by the president and secretary of the workshop Denny Hoskins (2/28/26) corporation board.

(2) If the department determines the workshop board of directors is not in substantial compliance with these regulations, and depending on the nature and severity of the situation, the department may— (A) Notify the workshop board of directors and manager that the workshop is not in substantial compliance with these regulations; and (B) Require a corrective action plan within ten (10) business days; or (C) Issue a temporary certificate of authority; or (D) Suspend state aid payments until it is determined that the workshop is again in substantial compliance with these regulations; or (E) If the workshop does not return to substantial compliance within ninety (90) days the state may proceed to revoke the workshop’s certificate of authority pursuant to section 178.920(4), RSMo.

(3) Applicants which have been found by the department not to be in substantial compliance with federal or state laws or regulations may appeal the decision pursuant to Chapter 536, RSMo.

Moved to 5 CSR 20-300.180, effective Aug. 16, 2011. Amended: Filed Aug. 27, 2013, effective March 30, 2014. *Original authority: 178.920, RSMo 1965.

History

• Authority
• authority shall apply to the Department of Elementary and Secondary Education (department) each year to seek renewal of the certificate. Renewal of the certificate of authority is based on the submission of an annual report by the board of directors of the workshop corporation four (4) months after the end of the workshop’s fiscal year. Failure to provide the necessary information by the due date may result in the suspension of state aid payments. The annual report should include, but not be limited to, the following items:
• AUTHORITY: section 178.920, RSMo 2000. This rule previously filed as 5 CSR 70-770.030. Original rule filed Dec. 23, 1975, effective Jan. 2, 1976. Amended: Filed Nov. 23, 1998, effective July 30, 1999.

5 CSR 20-300.190 Approval of Eligible Employees {#sec-5-csr-20-300.190 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-300.190}

PURPOSE: The department shall determine the eligibility of applicants as persons with disabilities. This rule provides the process for determining eligibility of non-staff persons applying for employment in workshops. Workshops may receive state aid only on persons with disabilities who have been approved by the department. Department approval is not required for the employment of workshop staff.

(1) A workshop provides employment for individuals with disabilities. If the workshop is certified by the United States Department of Labor, Wage and Hour Division, employees with disabilities working in the workshop may be paid subminimum wages. The application for certification of a person with a disability is initially submitted by the workshop manager to the agency designated by the Department of Elementary and Secondary Education (department) or the department’s representative for certification. The agency to which an application is submitted shall conduct an evaluation. If the agency determines the existence of a disability, it shall certify such. The evaluating agency shall advise the workshop of this certification and the workshop may submit the certification to the department. The department may approve the applicant for workshop employment.

(2) A workshop shall notify the department prior to or concurrent with the employment of any disabled person previously approved by the department. The department shall not pay state aid for workers with disabilities who have not been approved by the department for employment. Department approval is not required for the employment of workshop staff.

(3) The certification of eligibility for employment in an extended employment sheltered workshop shall be terminated one (1) year after a worker has obtained supported and/or competitive employment in an integrated and community-based business or industry. A person may reapply to the department for a certification of eligibility should the supported and/or competitive employment status change. The person must meet the eligibility requirements to receive a new certificate of eligibility.

Op. Atty. Gen. No. 21, Millan, 11-22-71. Neither special funds from levies authorized by section 205.971, RSMo (1969), pertaining to county sheltered workshops nor funds from general revenue may be used by the directors of a county sheltered workshop or by a county court to pay for the support, care or upkeep of county residents in a county sheltered workshop facility of another county.

Persons living at a county residence workshop facility must come within the definition of “handicapped persons” in section 178.900 RSMo (1969) and be employed at the facility or in the community.

History

• AUTHORITY: sections 178.900 and 178.930, RSMo Supp. 2013. This rule previously filed as 5 CSR 70-770.040. Original rule filed Dec. 23, 1975, effective Jan. 2, 1976. Amended: Filed Nov. 23, 1998, effective July 30, 1999. Moved to 5 CSR 20-300.190, effective Aug. 16, 2011. Amended: Filed Aug. 27, 2013, effective March 30, 2014. Original authority: 178.900, RSMo 1965, 2011 and 178.930, RSMo 1965, amended 1972, 1973, 1975, 1979, 1987, 1993, 1994, 1997, 1998, 2001, 2007, 2010.

5 CSR 20-300.200 Disbursement of Funds {#sec-5-csr-20-300.200 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-300.200}

PURPOSE: The department shall disburse state aid to each certified workshop based on the full-time equivalents (FTE) of approved employees who worked during the month. This rule specifies the disbursement process.

(1) After approval of a certificate of authority for a workshop, the Department of Elementary and Secondary Education (department) shall pay monthly, out of funds allotted to it for that purpose, to each workshop corporation pursuant to section 178.930.1(2), RSMo. Monthly state aid requests shall be submitted by the due date and time designated by the department. The department shall accept as proof of payment due a workshop, a statement signed by the president or vice president, acting in the absence of the president, and secretary, or treasurer acting in the absence of the secretary, of the workshop board and the workshop manager setting forth the dates worked and the number of hours worked each day for each approved employee with productive capacity employed by the workshop during the preceding month. These detailed records of work history by employee shall be maintained by the workshop for at least five (5) years following the year to which they apply and be made available for department inspection.

(2) Each workshop shall provide the department annually with a properly authenticated statement to permit the department to accept electronic submissions of invoices seeking the payment of state aid and electronically transfer state aid payments to workshop account(s).

(3) If it is determined by the department or by certified audit that a workshop has received state aid in excess of that which was permitted by statute and regulation, the workshop shall submit in writing to the department a repayment plan (2/28/26) Denny Hoskins within thirty (30) days of determination of the overpayment.

The department shall approve or deny the repayment plan and provide written notice of such to the workshop within thirty (30) days of its submission of the repayment plan.

Repayment plans shall propose the return of all excess state aid over a period of time as determined by the department.

The department may withhold state aid for the failure of a workshop to submit a repayment plan.

Moved to 5 CSR 20-300.200, effective Aug. 16, 2011. Amended: Filed Aug. 27, 2013, effective March 30, 2014. *Original authority: 178.930, RSMo 1965, amended 1972, 1973, 1975, 1979, 1987, 1993, 1994, 1997, 1998, 2001, 2007, 2010.

History

• AUTHORITY: section 178.930, RSMo Supp. 2013. This rule previously filed as 5 CSR 70-770.050. Original rule filed Dec. 23, 1975, effective Jan. 2, 1976. Amended: Filed Oct. 2, 1981, effective Jan. 18, 1982. Amended: Filed Nov. 23, 1998, effective July 30, 1999.

Chapter 400 Office of Educator Quality

5 CSR 20-400.120 Administrative Appeal Procedure for Applicants Denied Certification {#sec-5-csr-20-400.120 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.120}

5 CSR 20-400.125 Actions of the State Board of Education Relating to Applications for {#sec-5-csr-20-400.125 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.125}

5 CSR 20-400.130 Administrative Procedures for Recertifying Teachers Whose Certificates Have Been Revoked by the State Board of Education {#sec-5-csr-20-400.130 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.130}

5 CSR 20-400.140 Administrative Procedures for Applicants Whose Certificates Have Been Revoked by a Certificating Authority Other Than the State {#sec-5-csr-20-400.140 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.140}

5 CSR 20-400.150 Application for Certificate of License to Teach {#sec-5-csr-20-400.150 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.150}

5 CSR 20-400.160 Application for Certificate of License to Teach for Administrators {#sec-5-csr-20-400.160 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.160}

5 CSR 20-400.170 Application for a Student Services Certificate of License to Teach {#sec-5-csr-20-400.170 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.170}

5 CSR 20-400.190 Application for a Career Education Certificate of License to Teach {#sec-5-csr-20-400.190 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.190}

5 CSR 20-400.200 Application for an Adult Education and Literacy Certificate of {#sec-5-csr-20-400.200 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.200}

5 CSR 20-400.210 Application for Certificates of License to Teach on the Basis of Certification by the American Board for Certification of Teacher {#sec-5-csr-20-400.210 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.210}

5 CSR 20-400.250 Certificate of License to Teach Content Areas {#sec-5-csr-20-400.250 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.250}

5 CSR 20-400.280 Required Assessments for Professional Education Certification in {#sec-5-csr-20-400.280 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.280}

5 CSR 20-400.290 Procedure for Potential Candidates for Missouri Certificate of License to Teach with a Criminal History to Petition the State Board of {#sec-5-csr-20-400.290 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.290}

5 CSR 20-400.300 Procedures and Standards for Approval of Professional Education {#sec-5-csr-20-400.300 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.300}

5 CSR 20-400.310 Basic Education Competencies Required Prior to Admission to Approved Teacher Education Programs in Missouri {#sec-5-csr-20-400.310 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.310}

5 CSR 20-400.320 Innovative and Alternative Professional Education Programs {#sec-5-csr-20-400.320 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.320}

5 CSR 20-400.330 Clinical Experience Requirements for Candidates in Professional {#sec-5-csr-20-400.330 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.330}

5 CSR 20-400.340 Administrative Procedures for the Teacher Education Scholarship {#sec-5-csr-20-400.340 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.340}

5 CSR 20-400.350 Administrative Procedures for the Minority Teaching Scholarship {#sec-5-csr-20-400.350 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.350}

5 CSR 20-400.360 Missouri Critical Teacher Shortage Forgivable Loan Program {#sec-5-csr-20-400.360 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.360}

5 CSR 20-400.390 State Level Professional Development Funds for Statewide Areas of {#sec-5-csr-20-400.390 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.390}

5 CSR 20-400.400 School Board Member Orientation and Training {#sec-5-csr-20-400.400 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.400}

5 CSR 20-400.410 Robert C. Byrd Honors Scholarship Program {#sec-5-csr-20-400.410 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.410}

5 CSR 20-400.420 Urban Flight and Rural Needs Scholarship Program {#sec-5-csr-20-400.420 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.420}

5 CSR 20-400.440 Procedures and Standards for Approval and Accreditation of {#sec-5-csr-20-400.440 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.440}

5 CSR 20-400.510 Certification Requirements for Teacher of Early Childhood Education (Birth {#sec-5-csr-20-400.510 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.510}

5 CSR 20-400.520 Certification Requirements for Teacher of Elementary Education {#sec-5-csr-20-400.520 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.520}

5 CSR 20-400.530 Certification Requirements for a Teacher of Middle School {#sec-5-csr-20-400.530 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.530}

5 CSR 20-400.540 Certification Requirements for Teacher of Secondary Education {#sec-5-csr-20-400.540 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.540}

5 CSR 20-400.570 Certification Requirements for English Language Learners {#sec-5-csr-20-400.570 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.570}

5 CSR 20-400.580 Certification Requirements for Gifted Education {#sec-5-csr-20-400.580 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.580}

5 CSR 20-400.590 Certification Requirements for Elementary Mathematics Specialist {#sec-5-csr-20-400.590 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.590}

5 CSR 20-400.600 Certification Requirements for Literacy Specialist {#sec-5-csr-20-400.600 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.600}

5 CSR 20-400.630 Certification Requirements for Career Continuous Administrator {#sec-5-csr-20-400.630 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.630}

5 CSR 20-400.650 Certification Requirements for Career Continuous Student Services {#sec-5-csr-20-400.650 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.650}

5 CSR 20-400.660 Certification Requirements for Career Education (Secondary) 7-12 {#sec-5-csr-20-400.660 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.660}

5 CSR 20-400.680 Certification Requirements for Career Education (Secondary/Adult) {#sec-5-csr-20-400.680 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.680}

5 CSR 20-400.690 Certification Requirements for Career Continuous Career Education SECONDARY EDUCATION {#sec-5-csr-20-400.690 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.690}

5 CSR 20-400.110 Missouri Classroom Teacher Job-Sharing Provision {#sec-5-csr-20-400.110 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.110}

PURPOSE: This rule facilitates job-sharing positions for classroom teachers.

(1) Classroom teachers participating in a job-sharing provision shall be eligible to receive leave benefits as provided in section (2) of this rule. An eligible position is:

(A) Sharing employment with one (1) other employee;

(B) Be employed at least seventeen (17) hours per week, but not more than twenty (20) hours per week; and (C) At least seventy percent (70%) of employee time spent in classroom instruction.

(2) Classroom teachers participating in job sharing shall receive paid legal holidays, annual vacation leave, sick leave, and personal leave on a pro rata basis. The pro rata basis shall be based on district policy for full-time employees.

(3) The mandated leave benefit eligibility as provided in this

rule shall not include instructional support or school services positions including, but not limited to, guidance counselor, media coordinator, psychologist, social worker, audiologist, speech and language pathologists, and nursing positions.

(4) Nothing in this rule shall be construed to limit the ability of a school district to authorize job sharing, nor shall this rule be construed to limit the benefits a school district may provide to job-sharing employees, if such job sharing or benefits are not otherwise prohibited by law.

History

• AUTHORITY: sections 161.092 and 168.303, RSMo Supp. 2004. This rule previously filed as 5 CSR 80-670.100. Original rule filed Oct. 12, 2004, effective May 30, 2005. Moved to 5 CSR 20-400.110, effective Aug. 16, 2011. Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003 and 168.303, RSMo 2003.

5 CSR 20-400.120 Administrative Appeal Procedure for Applicants Denied Certification {#sec-5-csr-20-400.120 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.120}

Original rule filed June 3, 1976, effective Oct. 1, 1976. Amended:

Filed Sept. 23, 1992, effective May 5, 1993. Moved to 5 CSR 20- 400.120, effective Aug. 16, 2011. Rescinded: Filed Dec. 12, 2013, effective July 30, 2014.

History

• AUTHORITY: sections 161.092 and 168.011, RSMo 1986 and 168.021, RSMo Supp. 1993. This rule previously filed as 5 CSR 80-800.020.

5 CSR 20-400.125 Actions of the State Board of Education Relating to Applications for Educator Certificates educator certification in any of the public schools of the state and to establish requirements and qualifications for those certificates. {#sec-5-csr-20-400.125 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.125}

This rule establishes procedures for review of all applications including those of individuals convicted of a felony or crime involving moral turpitude, whether or not sentence is imposed; applicants whose certificate of license to teach has been revoked in Missouri or in another jurisdiction; and applicants seeking to appeal a denial of a certificate of license to teach by the Office of Educator Quality.

(1) Applications.

(A) Any application for a certificate of license to teach (certificate), including candidates for a Missouri educator certificate who are currently enrolled in professional edu cation courses in conjunction with state-approved teacher preparation programs, shall be reviewed by the Office of Educator Quality within the Department of Elementary and Secondary Education (department). A complete application 1. Information regarding teaching certificates or similar titles and/or other professional licenses or similar titles held, reprimands, and/or investigations;

2. Consent authorizing the department, as it deems necessary or appropriate, to make contact with, interview, consult, obtain documentation, and verification from other persons and sources within or without Missouri with respect to the applicant, and the applicant’s request for certification or recertification;

3. Transcripts and supporting documentation necessary to show compliance with all the requirements for certification that are in effect at the time application for certification or recertification is made;

4. Other information including recent employment and references requested by the department that may be deemed relevant to the request for certification or recertification;

5. A completed fingerprint-based background check pro cessed by the Missouri State Highway Patrol (MSHP) and the Federal Bureau of Investigation (FBI);

6. If the applicant has a criminal history, then the follow ing additional informa tion is required for a complete applica tion:

A . Information relating to any criminal history including being found guilty, entering a plea of guilty, receipt of a suspended imposition of sentence, receipt of a suspended execution of sentence, or entering a plea of nolo contendere, regardless of expungement for any violation of any laws of a state, the United States, or any other country, other than a minor traffic violation or a violation of a municipal ordinance.

The applicant shall provide information about the date of the court action, the applicant’s age at the time of the underlying offense, the facts of the crime, and whether the conduct that was the basis for the conviction was in the scope of the applicant’s duties while employed by a school district, charter school, or private school;

B. A statement as to rehabilitative steps completed by the applicant relating to applicant’s criminal conduct; and C. A minimum of three (3) and maximum of ten (10) statements provided by individuals who have knowledge of the applicant’s character, conduct history, action, or activities since the applicant’s criminal conduct. At least two (2) of the statements must be from individuals who are unrelated to the applicant by affinity or blood within the fourth degree.

(B) Applicants who have been convicted of a felony or crime involving moral turpitude, whether or not sentence is imposed, who have neither been denied nor issued a certificate by the Office of Educator Quality, shall be placed on the agenda of the board as soon as reasonably possible after submitting a complete application. The applicant will be notified of the date, time, and place of the board meeting.

Consideration by the board will consist of a review of the application and additional documents. The applicant will not have the opportunity to present additional evidence or testify.

The applicant will be notified in writing of the decision of the board. For those certification applications that must be approved by the board, they will only be issued upon motion of the board and adopted by a unanimous affirmative vote of those members present and voting.

(2) Applications from Individuals Who Have Previously Been Subject to Discipline.

(A) Any application for an educator certificate submitted by an individual who has been subject to previous disciplinary action by the board or by a licensing authority in another state or political jurisdiction shall only be granted by affirmative vote of the board.

1. An application must be complete to go to the board. A completed application shall include— A. Information regarding teaching certificates or similar titles and/or other professional licenses or similar titles held, reprimands, and/or investigations;

B. A consent authorizing the department, as it deems necessary or appropriate, to make contact with, interview, consult, obtain documentation and verification from other persons and sources within or without Missouri with respect to the applicant and the applicant’s request for certification;

C. Transcripts and other evidence necessary to show compliance with all the requirements for certification that are in effect at the time application for certification or recertification is made;

D. Other information including recent employment and references requested by the department that may be deemed relevant to the request for certification or recertification;

E. A completed fingerprint-based background check processed by the MSHP and the FBI; and F. If the applicant has previous criminal history, the applicant will follow the additional requirements outlined in paragraph (1)(A)6., above.

2. The completed application will be submitted to the Office of Educator Quality for consideration of recommendation to the board. Applications receiving recommendations shall be placed on the agenda of the board as soon as reasonably possible. The applicant will be notified of the date, time, and place of the board meeting. Consideration by the board will consist of a record review of the application and related documents. The applicant will not have the opportunity to present additional evidence or testify. The applicant will be notified in writing of the decision of the board.

(3) Decisions.

(A) The Office of Educator Quality issues certificates based on standards adopted by the board and applicable law.

(B) Denials.

1. The Office of Educator Quality may deny an application.

If the application is denied, the applicant may appeal to the commissioner of education.

2. Applicants who are denied by the Office of Educator Quality will be advised in writing of the reason(s) why certification is denied and will receive notice of the process for appeal.

A. The applicant, within thirty (30) days of receipt of written notice of denial, may file a written request with the commissioner of education to review the decision of the Office of Educator Quality. The request shall be mailed to the Commissioner of Education, PO Box 480, Jefferson City, MO 65102-0480 or emailed to commissioner@dese.mo.gov. The applicant shall provide all documentation to be considered by the commissioner of education or a designee in reviewing the application.

B. The commissioner of education or a designee will notify the applicant in writing of the decision.

C. If the commissioner of education or a designee approves the decision of the Office of Educator Quality in denying certification, the applicant, within thirty (30) days of receipt of written notice of the decision, may file a written notice of appeal (appeal) with the board by addressing the notice to the secretary of the State Board of Education, PO Box 480, Jefferson City, MO 65102-0480 or emailed to sbe@dese. mo.gov. In addition to stating the applicant’s desire to appeal the denial of certification, the appeal shall include a statement of each reason the applicant relies upon to demonstrate support for the reversal of denial.

D. The applicant’s appeal shall be placed on the agenda of the board as soon as reasonably possible. The applicant will be notified of the date, time, and place of the board meeting.

E. The appeal will consist of a record review of the application, related materials reviewed by the commissioner of education, and the applicant’s additional statements. The applicant will not have the opportunity to present additional evidence to testify. The applicant will be notified in writing of the decision of the board.

F. Applications denied by the board are subject to judicial review by the circuit court under section 536.130, RSMo.

(C) Reapplications.

1. Applicants who have been denied certification and have completed the steps in subsection (3)(B) are barred from reapplication for one (1) year.

2. Individuals whose certification has been revoked under section 168.071.6, RSMo, are barred from reapplying for certification for five (5) years from the date that the revocation was implemented.

History

• AUTHORITY: sections 161.092 and 168.011, RSMo 2016, and section 168.021, RSMo Supp. 2024. Original rule filed Feb. 27, 2013, effective Sept. 30, 2013. Amended: Filed Dec. 9, 2015, effective July 30, 2016. Amended: Filed Aug. 12, 2024, effective March 30, 2025. 168.011, RSMo 1963, amended 1984; and 168.021, RSMo 1963, amended 1973, 1984, 1988, 1990, 1998, 2000, 2003, 2008, 2009, 2011, 2013, 2014, 2018, 2020, 2022, 2024.

5 CSR 20-400.130 Administrative Procedures for Recertifying Teachers Whose Certificates Have Been Revoked by the State Board of Education {#sec-5-csr-20-400.130 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.130}

History

• AUTHORITY: sections 161.092, 168.011, 168.031, RSMo 1986, 168.021, RSMo Supp. 1990 and 168.071, RSMo Supp. 1993. This rule previously filed as 5 CSR 80-800.060. Original rule filed April 24, 1985, effective Sept. 3, 1985. Moved to 5 CSR 20-400.130, effective Aug. 16, 2011. Rescinded: Filed Dec. 12, 2013, effective July 30, 2014.

5 CSR 20-400.140 Administrative Procedures for Applicants Whose Certificates Have Been Revoked by a Certificating {#sec-5-csr-20-400.140 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.140}

History

• Authority Other Than the State Board of Education
• AUTHORITY: sections 161.092, 168.011, 168.031, RSMo 1986, 168.021, RSMo Supp. 1990 and 168.071, RSMo Supp. 1993. This rule previously filed as 5 CSR 80-800.070. Original rule filed April 24, 1985, effective Sept. 3, 1985. Moved to 5 CSR 20-400.140, effective Aug. 16, 2011. Rescinded: Filed Dec. 12, 2013, effective July 30, 2014.

5 CSR 20-400.150 Application for Certificate of License to {#sec-5-csr-20-400.150 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.150}

(Rescinded June 30, 2020)

Supp. 2011. This rule previously filed as 5 CSR 80-800.200. Original

rule filed April 26, 2000, effective Nov. 30, 2000. Amended: Filed March 27, 2001, effective Oct. 30, 2001. Amended: Filed Aug. 13, 2002, effective March 30, 2003. Amended: Filed Sept. 12, 2003, effective April 30, 2004. Amended: Filed Sept. 22, 2004, effective April 30, 2005. Amended: Filed June 30, 2005, effective Jan. 30, 2006. Amended: Filed April 4, 2007, effective Nov. 30, 2007. 2010, effective Sept. 30, 2010. Moved to 5 CSR 20-400.150, effective Aug. 16, 2011. Amended: Filed Feb. 28, 2012, effective Oct. 30, 2012.

Rescinded: Filed Oct. 25, 2019, effective June 30, 2020.

5 CSR 20-400.160 Application for Certificate of License to Teach for Administrators 168.400, RSMo Supp. 2011, and sections 168.011, 168.405, and 168.409, RSMo 2000. {#sec-5-csr-20-400.160 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.160}

This rule previously filed as 5 CSR 80- 800.220. Original rule filed April 26, 2000, effective Nov. 30, 2000.

Amended: Filed March 27, 2001, effective Oct. 30, 2001. Amended:

Filed Aug. 13, 2002, effective March 30, 2003. Amended: Filed Sept. 12, 2003, effective April 30, 2004. Amended: Filed Sept. 22, 2004, effective April 30, 2005. Amended: Filed June 30, 2005, effective Jan. 30, 2006. Amended: Filed April 4, 2007, effective Nov. 30, 2007. 2010, effective Sept. 30, 2010. Moved to 5 CSR 20-400.160, effective Aug. 16, 2011. Amended: Filed Feb. 28, 2012, effective Oct. 30, 2012.

Rescinded: Filed May 18, 2020, effective Dec. 30, 2020.

5 CSR 20-400.170 Application for a Student Services Certificate of License to Teach 168.400, RSMo Supp. 2011, and section 168.011, RSMo 2000. This {#sec-5-csr-20-400.170 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.170}

rule previously filed as 5 CSR 80-800.230. Original rule filed April 26, 2000, effective Nov. 30, 2000. Amended: Filed March 27, 2001, effective Oct. 30, 2001. Amended: Filed Aug. 13, 2002, effective March 30, 2003. Amended: Filed Sept. 12, 2003, effective April 30, 2004. Amended: Filed Sept. 22, 2004, effective April 30, 2005.

Amended: Filed June 30, 2005, effective Jan. 30, 2006. Amended:

Filed April 4, 2007, effective Nov. 30, 2007. Amended: Filed Jan. 18, 2008, effective Sept. 30, 2008. Amended: Filed Jan. 30, 2009, effective Aug. 30, 2009. Moved to 5 CSR 20-400.170, effective Aug. 16, 2011. Amended: Filed Feb. 28, 2012, effective Oct. 30, 2012.

Rescinded: Filed May 18, 2020, effective Dec. 30, 2020.

5 CSR 20-400.180 Temporary Authorization Certificate of License to Teach certificates. {#sec-5-csr-20-400.180 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.180}

This rule outlines the procedures for a temporary authorization certificate of license to teach when the applicant is employed by a Missouri public school district or accredited nonpublic school.

(1) An applicant for a Missouri temporary authorization certificate of license to teach (temporary authorization certificate) who possesses good moral character may be granted a temporary authorization certificate upon joint application with a Missouri public school district or accredited nonpublic school. The temporary authorization certificate is limited to the employing Missouri public school district or accredited nonpublic school.

(2) Applications for a Missouri temporary authorization certificate shall be submitted on the forms provided by the State Board of Education (board).

(3) An application is not considered officially filed with the board until it has been determined by the board or the Department of Elementary and Secondary Education (department) staff to be complete and the application is submitted on the forms provided by the board, signed, and accompanied by two (2) full sets of fingerprints with the appropriate fee as set by the Missouri State Highway Patrol (Highway Patrol) and/or the Federal Bureau of Investigation (FBI), and any other applicable forms. All information should be received by the board within ninety (90) days of the date of the application.

(A) The applicant is responsible for submitting the fingerprints (4) The applicant shall request that each state or United States territory regulatory entity in which a professional license including a certificate of license to teach is held or has ever been held to submit verification of certification or licensure directly to the department, including information regarding any disciplinary action.

(5) The temporary authorization certificate will not include the areas of elementary education, grades 1-6; early childhood, birth-grade 3; early childhood special education, birth-grade 3; blind and low vision, birth-grade 12; deaf and hard of hearing, birth-grade 12; counselor, kindergarten-grade 8; and counselor, grades 7-12. Applicants for the areas of driver’s education, grades 9-12; English language learners, kindergarten-grade 12; gifted education, kindergarten-grade 12; special reading, kindergarten-grade 12; and math specialist, grades 1-6 must hold a professional teaching certificate of license to teach.

(6) The applicant for a temporary authorization certificate (excluding a temporary authorization administrator and career education certificate) must comply with the following criteria:

(A) Possession of a baccalaureate or higher degree from a regionally accredited college or university in the subject area to be taught or a closely related field or demonstration of exceptional experience in the subject area to be taught or demonstrate completion of a minimum of twenty-four (24) semester hours in the content area from a regionally accredited college or university.

1. Applicants for a special education temporary authorization certificate must possess a baccalaureate or higher degree from a regionally accredited college or university;

(B) A content area grade point average of 3.00 or higher on a 4.0 scale;

(C) Submission of a joint application verifying contracted employment with a Missouri public school district or accredited nonpublic school; and (D) If this is the applicant’s initial certificate of license to teach, documentation of a plan of study based upon required certification competencies incorporated in classes provided by an accredited college or university. If the applicant holds an initial Missouri professional or life certificate of license to teach and is seeking an additional certificate of license to teach, a transcript analysis from the department based on the requirements set forth by the board must be submitted.

(7) The applicant for a temporary authorization administrator certificate must comply with the following criteria:

(A) Possession of a valid Missouri professional teaching certificate of license to teach;

(B) Completion of three (3) years teaching experience at the appropriate grade levels for which the temporary authorization administrator certificate is sought in a public school or an accredited nonpublic school, or a combination of such schools;

(C) Possession of a master’s or higher degree or currently enrolled in a state approved master’s or higher degree program for the preparation of a school administrator; and (D) Submission of a joint application verifying contracted employment with a Missouri public school district or accredited nonpublic school.

(8) The applicant for a temporary authorization career education certificate must comply with the following criteria:

(A) Verification of one (1) of the following:

1. Possession of a baccalaureate or higher degree from a regionally accredited college or university in the subject area being taught and four thousand (4,000) hours of department approved, related occupational experience obtained within the most recent ten (10) years;

2. Possession of an associate’s degree from a regionally accredited college or university in the subject area being taught and five thousand (5,000) hours of department approved, related occupational experience obtained within the most recent ten (10) years;

3. Six thousand (6,000) hours of department approved, related occupational experience obtained within the most recent ten (10) years; or 4. For the area of Junior Reserve Officer Training Corps (ROTC), an official letter from the appropriate branch of the armed services indicating that the applicant is an approved Junior ROTC instructor.

(9) The temporary authorization certificate (excluding a temporary authorization administrator and career education certificate) is valid for up to one (1) school year. It may be renewed annually for three (3) subsequent years by joint application from the certificate holder and the employing Missouri public school district or accredited nonpublic school upon demonstration of the following:

(A) Continued contracted employment with a Missouri public school district or accredited nonpublic school;

(B) Documentation of successful performance-based teacher (C) Documentation of participation in a two (2) year district or accredited nonpublic school;

(D) Achievement of a score equal to or in excess of the qualifying score on the required exit assessment(s) as promulgated by the rules adopted by the board; and (E) Completion of nine (9) semester hours of course work toward the professional certificate of license to teach in the area of assignment based upon the requirements set forth by the board.

(10) The temporary authorization administrator certificate is valid for up to one (1) school year and may be renewed annually for three (3) subsequent years. It may be renewed annually by joint application from the certificate holder and the employing Missouri public school district upon demonstration of the (A) Continued contracted employment as an administrator with a Missouri public school district or accredited nonpublic school;

(B) Documentation of participation in a mentoring program by the sponsoring Missouri public school district or accredited nonpublic school; and (C) Completion of nine (9) semester hours of course work toward the administrator certificate of license to teach. The appropriate hours will be determined by the state approved program for the preparation of an administrator certificate of license to teach as defined in 5 CSR 20-400.610.

(11) The temporary authorization career education certificate is valid for up to one (1) school year. It may be renewed annually for three (3) subsequent years by joint application from the certificate holder and the employing Missouri public school district or accredited nonpublic school upon demonstration of the following:

(A) Continued contracted employment with a Missouri public school district or accredited nonpublic school;

(B) Documentation of successful performance-based teacher (C) Documentation of participation in a two (2) year district or accredited nonpublic school; and (D) Completion of six (6) semester hours of course work toward the career education certificate of license to teach in the area of assignment based upon the requirements as defined in 5 CSR 20-400.660 through 5 CSR 20-400.680.

(12) An individual may qualify for a professional classification certificate of license to teach upon documentation of the (A) The certificate holder has been teaching under a temporary authorization certificate of license to teach for a minimum of two (2) years;

(B) Achievement of a score equal to or in excess of the qualifying score on the required exit assessment(s) as promulgated by the rules adopted by the board;

(C) Documentation of successful performance-based teacher (D) Documentation of participation in a two (2) year district or accredited nonpublic school; and (E) Documentation of completion of a minimum of twentyfour (24) semester hours in the following professional education course work (excluding an administrator and special education temporary certificate):

1. Psychology of the Exceptional Child;

2. Behavioral Management Techniques;

3. Assessment, Student Data, and Data-Based Decision- 4. Instructional Strategies and Techniques in the Content 5. Methods of Teaching Reading at the appropriate level;

4. Developmental Psychology at the appropriate level;

5. English Language Learning; and 8. Cultural Diversity; or (F) Documentation of completion of a minimum of twentynine (29) semester hours in the following professional education course work for a special education temporary authorization certificate:

6. Psychology of the Exceptional Child;

7. Behavior Intervention Strategies;

8. Evaluation of Abilities and Achievement (to include Intelligence Testing);

9. Transition Processes, including Career Education or Career Readiness;

10. Methods of Teaching Students in one (1) of the following areas:

A. Cross-Categorical Disabilities; or B. Severely Developmentally Disabled;

6. Methods of Teaching Reading;

7. Analysis and Correction of Reading Disabilities;

8. Methods of Teaching Mathematics;

9. Methods of Teaching Remedial Mathematics;

10. Counseling Techniques or Collaboration with Family, School, and Community;

11. Selection and use of assistive technology such as augmentative communication systems (only for the Severely Developmentally Disabled certificate of license to teach);

12. Alternative formats for communication including: nonverbal communication systems (only for the Severely Developmentally Disabled certificate of license to teach);

13. Speech and Language Development of the Exceptional Child;

14. Psychological Development of the Child and Adolescent;

15. Cultural Diversity.

(13) The holder of a temporary authorization certificate shall ensure that the department has their current legal name and address.

(A) A holder of a temporary authorization certificate whose name is changed shall notify the department within ninety (90) days of the name change and provide a copy of the appropriate documents verifying the name change.

(B) A holder of a temporary authorization certificate whose address has changed shall inform the department in writing of the change within ninety (90) days of the effective date of the change.

(14) The applicant shall be informed of the decision regarding the application for a temporary authorization certificate. 2016, and section 168.021, RSMo Supp. 2020.* This rule previously filed as 5 CSR 80-800.260. Original rule filed April 26, 2000, Oct. 30, 2001. Amended: Filed Aug. 13, 2002, effective March 30, 2003. Amended: Filed Sept. 12, 2003, effective April 30, 2004.

Aug. 30, 2009. Amended: Filed Feb. 1, 2010, effective Sept. 30, 2010.

Moved to 5 CSR 20-400.180, effective Aug. 16, 2011. Amended: Filed Feb. 28, 2012, effective Oct. 30, 2012. Amended: Filed June 13, 2019, effective Jan. 30, 2020. Amended: Filed Nov. 2, 2020, effective May 30, 2021. 1990, 1998, 2000, 2003, 2008, 2009, 2011, 2013, 2014, 2018, 2020; 168.071, RSMo 1963, amended 1973, 1978, 1984, 1988, 1993, 1998, 2002, 2003, 2011, 2013, 2014; and 168.081, RSMo 1963, amended 1984, 2002, 2014.

5 CSR 20-400.190 Application for a Career Education Certificate of License to Teach {#sec-5-csr-20-400.190 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.190}

Aug. 30, 2009. Amended: Filed Feb. 1, 2010, effective Sept. 30, 2010.

Moved to 5 CSR 20-400.190, effective Aug. 16, 2011. Amended: Filed Feb. 28, 2012, effective Oct. 30, 2012. Rescinded: Filed May 18, 2020, effective Dec. 30, 2020.

History

• AUTHORITY: sections 161.092, 168.021, 168.071, and 168.081, RSMo Supp. 2011, and section 168.011, RSMo 2000. This rule previously filed as 5 CSR 80-800.270. Original rule filed April 26, 2000, Oct. 30, 2001. Amended: Filed Aug. 13, 2002, effective March 30, 2003. Amended: Filed Sept. 12, 2003, effective April 30, 2004.

5 CSR 20-400.200 Application for an Adult Education and Literacy Certificate of License to Teach {#sec-5-csr-20-400.200 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.200}

Aug. 30, 2009. Amended: Filed Feb. 1, 2010, effective Sept. 30, 2010.

Moved to 5 CSR 20-400.200, effective Aug. 16, 2011. Amended: Filed Feb. 28, 2012, effective Oct. 30, 2012. Rescinded: Filed May 18, 2020, effective Dec. 30, 2020.

History

• AUTHORITY: sections 161.092, 168.021, 168.071, and 168.081, RSMo Supp. 2011, and section 168.011, RSMo 2000. This rule previously filed as 5 CSR 80-800.280. Original rule filed April 26, 2000, Oct. 30, 2001. Amended: Filed Aug. 13, 2002, effective March 30, 2003. Amended: Filed Sept. 12, 2003, effective April 30, 2004.

5 CSR 20-400.210 Application for Certificates of License to Teach on the Basis of Certification by the American Board for Certification of Teacher Excellence (ABCTE) {#sec-5-csr-20-400.210 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.210}

PURPOSE: The state board of education is authorized to grant certificates. This rule outlines the procedures for applicants to acquire certification through the American Board for Certification of Teacher Excellence (ABCTE).

(1) In addition to all the criteria for application provided under 5 CSR 20-400.500, an initial four- (4-) year certificate shall be issued to an applicant who has successfully obtained certification through the American Board for Certification of Teacher Excellence (ABCTE) and upon verification by the designated district official at a public school or accredited non-public school of sixty (60) contact hours in any one (1) of the following areas:

(A) Sixty (60) contact hours in a public school or accredited nonpublic school classroom, of which at least forty-five (45) must be teaching;

(B) Sixty (60) contact hours as a substitute teacher in a public school or accredited nonpublic school, with at least thirty (30) consecutive hours in the same classroom; or (C) Sixty (60) contact hours of teaching as a paraprofessional.

(2) Upon completion of the requirements listed in section (1) of this rule and completion of the requirements listed herein, an applicant shall be eligible to apply for a career continuous professional certificate:

(A) Completion of thirty (30) contact hours of professional development within four (4) years, which may include hours spent in class in an appropriate college curriculum;

(B) Completion of four (4) years of department-approved teaching experience;

(C) Development and implementation of a professional development plan;

(D) Completion of two (2) years in a department-approved district mentoring program;

(E) Participation in the district’s Performance-Based Teacher Evaluations (PBTEs); and (F) Participation in a beginning teacher assistance program.

(3) Certification authorized under this rule shall not be granted for the areas of early childhood education or special education.

History

• AUTHORITY: section 161.092, RSMo 2016. This rule previously filed as 5 CSR 80-800.285. Original rule filed April 9, 2008, effective Oct. 30, 2008. Moved to 5 CSR 20-400.210, effective Aug. 16, 2011. Amended: Filed Sept. 22, 2021, effective May 30, 2022. Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014.

5 CSR 20-400.220 Application for Substitute Certificate of License to Teach {#sec-5-csr-20-400.220 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.220}

PURPOSE: This rule outlines the procedures for application for a substitute certificate of license to teach.

(1) An applicant for a substitute Missouri certificate of license to teach who has successfully completed thirty-six (36) semester hours or more of college-level credit from a regionally accredited academic degree granting institution recognized by the Department of Elementary and Secondary Education (department), or has a high school diploma, General Education Diploma (GED), or High School Equivalency Test (HiSET), and has successfully completed a minimum of twenty (20) clock hours of department-approved substitute teacher training that includes professionalism, honoring diversity, engaging students, foundational classroom management techniques, basic instructional strategies, supporting students with special needs, and working with at-risk youth may be granted a substitute Missouri certificate of license to teach pursuant to the rules promulgated by the State Board of Education (board).

(2) An applicant for a career/technical substitute Missouri the following may be granted a substitute Missouri certificate of license to teach pursuant to the rules promulgated by the board:

(A) A bachelor’s degree in an area appropriate for the career/ technical area sought and four thousand (4,000) hours of department approved, related occupational experience; or (B) An associate’s degree in an area appropriate for the career/technical area sought and five thousand (5,000) hours of department approved, related occupational experience; or (C) Six thousand (6,000) hours of department approved, related occupational experience.

(3) Applicants may renew the substitute certificate of license to teach by completing the following requirements:

(A) A new fingerprint background check clearance every four (4) years or when employed by a new school district; and (B) One (1) hour of professional development and/or district training annually.

(4) An application is not considered officially filed with the board until it has been determined by the board or department staff to be completed and the application is submitted on the forms provided by the board, signed, and accompanied by two (2) full sets of fingerprints with the appropriate fee as set by the Missouri State Highway Patrol (Highway Patrol) and/or Federal Bureau of Investigation (FBI) and any other applicable forms and/or fees. All information should be received by the board within ninety (90) days of the date of the application.

(A) The applicant is responsible for submitting the fingerprints 2016, and sections 168.021 and 168.036, RSMo Supp. 2022.* This

rule previously filed as 5 CSR 80-800.290. Emergency rule filed July 30, 1999, effective Aug. 9, 1999, expired Jan. 26, 2000. Original

rule filed July 30, 1999, effective Feb. 29, 2000. Amended: Filed Sept. 12, 2003, effective April 30, 2004. Amended: Filed June 30, 2005, effective Jan. 30, 2006. Amended: Filed Feb. 1, 2010, effective Sept. 30, 2010. Moved to 5 CSR 20-400.220, effective Aug. 16, 2011.

Amended: Filed May 2, 2019, effective Dec. 30, 2019. Amended:

Filed April 23, 2021, effective Dec. 30, 2021. Emergency amendment filed Aug. 30, 2022, effective Sept. 14, 2022, expired March 12, 2023.

Amended: Filed Aug. 30, 2022, effective Feb. 28, 2023. 1990, 1998, 2000, 2003, 2008, 2009, 2011, 2013, 2014, 2018, 2020, 2022; 168.036, RSMo 2022; 168.071, RSMo 1963, amended 1973, 1978, 1984, 1988, 1993, 1998, 2002, 2003, 2011, 2013, 2014; and 168.081, RSMo 1963, amended 1984, 2002, 2014.

5 CSR 20-400.230 Discipline of Certificates of License to {#sec-5-csr-20-400.230 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.230}

PURPOSE: The State Board of Education (board) is authorized to grant certificates of license to teach in any of the public schools of the state, establish requirements and qualifications for those certificates, and cause those certificates to be disciplined in a manner provided in state law. This rule establishes procedures for action by the board.

(1) The board may discipline a certificate for license to teach for any one (1) or combination of the causes set forth in section 168.071.1, RSMo.

(2) Upon receipt of documentation from a court of a finding of guilt, whether or not a sentence is imposed, or a conviction for the offenses outlined in section 168.071, RSMo, regardless of expungement, an individual’s certificate(s) of license to teach may be disciplined.

(3) Complaints and Appeals.

(A) A local board of education or the Department of Elementary and Secondary Education (department) may file a complaint with the board against a certificate holder pursuant to section 168.071.2 and .3, RSMo.

(B) Certificate holders whose certificates have been revoked pursuant to section 168.071.6, RSMo, may appeal their revocation by filing a notice of appeal with the commissioner of the department within ninety (90) days of the notice of revocation.

(C) All complaints and appeals must— 1. Be in writing;

2. Include:

A. The full name, address, email address, and telephone number of the person or agency bringing the action (petitioner), and any attorney representing the petitioner;

B. The full name, address(es), email address(es), and telephone number(s) of the certificate holder (if known);

C. Suitable space in the caption for the board to affix a case number;

D. A written description of the specific conduct for which discipline is sought and a citation to the law and rules allegedly violated, or in the case of an appeal, the specific grounds for the appeal; and E. As far as practical, facts in numbered paragraphs stating the relief sought and the reason for granting it; however, the failure to include facts in numbered paragraphs shall not be reason for involuntary dismissal of a complaint or appeal;

3. Be signed by petitioner or petitioner’s legal counsel; and 4. Be mailed to DESE Counsel, Department of Elementary and Secondary Education, PO Box 480, Jefferson City, MO 65102- 0680 or emailed to Counsel@dese.mo.gov.

(4) When a local board of education learns of a criminal finding of guilt of a certificate holder and provides the written notice required in section 168.071.7, RSMo, that notice to the Missouri Attorney General and the board shall contain the following information, if known:

(A) The certificate holder’s name;

(B) Educator identification number;

(C) Social Security number;

(D) Date of birth;

(E) Information known regarding the criminal record; and (F) All known contact information, including address(es), email address(es), and telephone number(s).

(5) Hearing Officers.

(A) A hearing officer appointed by the Commissioner of Education shall hear cases regarding charges filed to discipline a certificate(s) of license to teach and on appeals of certificates revoked pursuant to section 168.071.6, RSMo. The hearing officer shall conduct all hearings in accordance with section 168.071, RSMo, and Chapter 536, RSMo. The hearing officer will cause the full record, including all evidence along with proposed findings of fact and conclusions of law, and recommended decision to be provided to members of the board. The board shall render a decision in accordance with section 536.080.2, RSMo. The board’s decision will be considered final for the purposes of judicial review under 536.100-536.140, RSMo.

(6) Mandatory Revocation.

(A) In the event a certificate holder has been found guilty of any of the offenses as described in section 168.071.6(1)-(4), RSMo, his or her certification shall be revoked, whether or not sentence is imposed.

(B) The department will notify certificate holders who are subject to mandatory revocation by certified mail, by personal delivery, or by email. The department will:

1. Include a copy of the court record showing the offense that is the basis of the revocation in its revocation notice to the certificate holder;

2. Inform the certificate holder that mandatory revocation will be effective thirty (30) days from the date of the notice of revocation in its revocation notice to the certificate holder;

3. Inform the certificate holder that they may submit written documentation, including a written statement, to the department within fifteen (15) days of the date of the notice of revocation, which challenges whether the certificate holder is the person found guilty of the qualifying offense, and/or whether the offense for which the certificate holder was found guilty is an offense described in section 168.071.6, RSMo, in its revocation notice to the certificate holder. The certificate holder shall file such documentation with the department by mail addressed to DESE Counsel, Department of Elementary and Secondary Education, PO Box 480, Jefferson City, MO 65102- 0480 or to Counsel@dese.mo.gov. The department will send its decision by certified mail to the certificate holder prior to the effective date of the revocation.

4. Inform the certificate holder that they may request an in-person hearing to appeal the revocation within ninety (90) days of the effective date of the revocation. The notice shall advise certificate holders that the request for hearing must be filed by mailing the request to DESE Counsel, Department of Elementary and Secondary Education, PO Box 480, Jefferson City, MO 65102-0480 or to Counsel@dese.mo.gov in its revocation notice to the certificate holder. The appeal must contain all of the information outlined in subsection (3)(C).

(7) Hearings.

(A) Notice.

1. The board shall serve upon all parties the initial notice of the place, date, and time upon which it will hold the hearing on a complaint or on a certificate holder’s appeal. The board will send the notice by certified mail, by personal delivery, or by email.

2. The board shall provide at least thirty (30) days notice to the parties that it will hold a hearing on the matters raised in the complaint or appeal.

3. The notice shall advise the parties to file all pleadings, motions, and other documents by mailing them to DESE Counsel, Department of Elementary and Secondary Education, PO Box 480, Jefferson City, MO 65102-0480 or to Counsel@dese. mo.gov.

(B) Amended Complaints.

1. Petitioner may amend the complaint without the hearing officer’s leave five (5) business days before the hearing.

Within five (5) business days of the hearing, petitioner shall amend the complaint only if leave is requested and granted by the hearing officer. A copy of the amended complaint shall be attached to the motion for leave.

(C) Motions.

1. Either party may file a motion to request a delay of the hearing, if the party shows good cause, which may include pending criminal charge(s) as referenced in section 168.071.4, RSMo. The hearing officer has discretion to continue the hearing date upon notice to the parties.

2. Either party may file a motion for a protective order to close records or the hearing. The motion shall include a description of what information the party will be presenting that the party believes should be closed. The motion shall cite to the legal authority under which the board may close the record or hearing or provide a showing that the closure is in the best interest of a child. A party should file this motion at least twenty-four (24) hours before the start of the hearing; however, a party may make an oral motion at the hearing.

3. Either party may file a motion to hold a hearing by videoconference. A party should file this motion at least ten (10) business days before the start of the hearing.

4. Either party may file a motion for a witness to appear by telephone or video conference. A party should file this motion at least three (3) business days before the start of the hearing.

5. The hearing officer will entertain other motions as necessary.

(D) Videoconference Hearings.

1. The hearing officer may hold hearings via a videoconference platform. The hearing officer will contact the parties if the hearing is to be held in this manner.

(E) Burden of Proof.

1. The party bringing the action shall have the burden of proof and will present evidence first.

(F) Exhibits.

1. The parties are required to send exhibits to the hearing officer and the opposing parties at least five (5) business days in advance of the hearing. If the hearing is to be held via videoconference, each party is responsible for providing all exhibits to all parties of record and the hearing officer electronically.

(G) Certificate Holder.

1. The certificate holder shall— A. Have a reasonable opportunity to defend him or herself at the hearing and have the right to testify in his or her own behalf; and B. Have the right to a public hearing, unless one (1) party files a motion for protective order as outlined in paragraph (6)

(C)2., above.

(8) Settlements and Surrenders.

(A) Settlements.

1. The board may informally dispose of a case through an agreed settlement.

(B) Voluntary Surrenders.

1. The board may accept a certificate holder’s voluntary surrender if the certificate holder is found guilty of a crime involving moral turpitude or a felony or in any other circumstances approved by the board. 2016, and section 168.021, RSMo Supp. 2021.* This rule previously filed as 5 CSR 80-800.300. Emergency rule filed March 22, 1999, effective April 1, 1999, expired Sept. 27, 1999. Original rule filed March 22, 1999, effective Sept. 30, 1999. Amended: Filed Aug. 13, 2002, effective March 30, 2003. Amended: Filed Sept. 12, 2003, effective April 30, 2004. Moved to 5 CSR 20-400.230, effective Aug. 16, 2011. Amended: Filed Oct. 27, 2021, effective May 30, 2022. 1990, 1998, 2000, 2003, 2008, 2009, 2011, 2013, 2014, 2018, 2020; 168.071, RSMo 1963, amended 1973, 1978, 1984, 1988, 1993, 1998, 2002, 2003, 2011, 2013, 2014; and 168.081, RSMo 1963, amended 1984, 2002, 2014.

5 CSR 20-400.240 Deletion of Certificates of License to Teach certificates of license to teach in any of the public schools of the state under the provisions of section 168.021.1, RSMo and to establish requirements and qualifications for those certificates and cause those certificates to be revoked, suspended, invalidated or deleted in a manner provided in section 168.071, RSMo. {#sec-5-csr-20-400.240 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.240}

This rule establishes procedures for action by the State Board of Education.

(1) A certificate holder requesting deletion of a certificate(s) of license to teach and/or endorsement(s) must submit a notarized statement in the form required by the State Board of Education specifically requesting the deletion(s).

(2) In the event the individual is employed to teach in any public school in Missouri, the board of education of the employing school district must formally approve and consent, by majority vote, to the deletion sought by the teacher. Upon written verification by the district superintendent that the teacher has not taught within the last three (3) years in the specific subject matter area for which deletion is requested, approval of the local board of education is not required.

(3) Applicants applying for reissuance of their certificate(s) of license to teach and/or endorsement(s) which have been deleted pursuant to the rules promulgated by the state board will be required to meet, in full, the certification requirements that are in effect at the time the new application is made.

History

• AUTHORITY: sections 161.092, 168.011 and 168.081, RSMo 1994 and 168.021 and 168.071, RSMo Supp. 1998. This rule previously filed as 5 CSR 80-800.310. Emergency rule filed March 22, 1999, effective April 1, 1999, expired Sept. 27, 1999. Original rule filed March 22, 1999, effective Sept. 30, 1999. Moved to 5 CSR 20- 400.240, effective Aug. 16, 2011. Original authority: 161.092, RSMo 1963, amended 1973; 168.011, RSMo 1963, amended 1984; 168.021, RSMo 1963, amended 1973, 1984, 1988, 1990, 1998; 168.071, RSMo 1963, amended 1973, 1978, 1984, 1988, 1993, 1998; and 168.081, RSMo 1963, 1984.

5 CSR 20-400.250 Certificate of License to Teach Content Areas {#sec-5-csr-20-400.250 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.250}

(Rescinded August 30, 2019) 168.400, RSMo Supp. 2011, and section 168.011, RSMo 2000. This

rule previously filed as 5 CSR 80-800.350. Original rule filed April 26, 2000, effective Nov. 30, 2000. Amended Filed March 27, 2001, effective Oct. 30, 2001. Amended: Filed Aug. 13, 2002, effective March 30, 2003. Amended: Filed Sept. 12, 2003, effective April 30, 2004. Amended: Filed Sept. 22, 2004, effective April 30, 2005.

Amended: Filed June 30, 2005, effective Jan. 30, 2006. Amended:

Filed April 4, 2007, effective Nov. 30, 2007. Amended: Filed Jan. 18, 2008, effective Sept. 30, 2008. Amended: Filed Jan. 30, 2009, effective Aug. 30, 2009. Amended: Filed Feb. 1, 2010, effective Sept. 30, 2010. Moved to 5 CSR 20-400.250, effective Aug. 16, 2011.

Amended: Filed Feb. 28, 2012, effective Oct. 30, 2012. Rescinded:

Filed Jan. 17, 2019, effective Aug. 30, 2019.

5 CSR 20-400.260 Certificate of License to Teach Classifications certificates. {#sec-5-csr-20-400.260 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.260}

This rule outlines the classification of certificates of license to teach.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this

rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) Certificates of license to teach are issued and renewed by the State Board of Education (board) pursuant to the certification requirements found in 5 CSR 20-400.500–5 CSR 20-400.700.

(2) If a certificate of license to teach is renewed, except for a substitute, provisional, or temporary authorization certificate of license to teach, the effective date of renewal will be the date of expiration of the certificate of license to teach, providing that the application for renewal and supporting materials are received by the Department of Elementary and Secondary Education (department) prior to or on the expiration date.

(A) If the renewal of the certificate of license to teach is received by the department within eleven (11) months of the expiration date of the certificate or a shorter time if specified in the rules promulgated by the board, the effective date of renewal will be the certificate’s expiration date.

(3) Certificates of license to teach may be issued pursuant to the rules promulgated by the board, to individuals in the following classifications:

(A) Initial Professional Classification (IPC); and/or (B) Career Continuous Professional Classification (CCPC)

(doctoral applicants are ineligible to advance to the CCPC level).

(4) For the purpose of this rule, contact hours are defined as follows:

(A) Sixty (60) minutes of professional development are equal to one (1) contact hour;

(B) One (1) hour college credit is equal to fifteen (15) contact hours of professional development; or (C) One (1) professional micro-credential is equal to fifteen (15) contact hours of professional development.

(5) Initial Professional Classification (IPC)— (A) A four (4) year IPC classification will be issued to applicants who meet the certification requirements and possess less than four (4) years of state-approved teaching experience;

(B) During the valid dates of the IPC classification, the certificate holder shall complete the following requirements:

1. Verification of four (4) years of state-approved teaching experience;

2. Develop and implement a professional development plan of at least thirty (30) contact hours, approved by the employing school district, to include clearly stated goals for improvement and enrichment;

3. Participate in a mentoring program for a minimum of two (2) school years as defined in 5 CSR 20-400.380, the guidelines for which shall be established by the local board of 4. Participate in a beginning teacher assistance program as defined in 5 CSR 20-400.385 to include, but not be limited to, assistance in classroom management, instructional strategies, and ongoing support; and 5. Participate in the district’s Performance-Based Teacher Evaluations (PBTEs) as defined in 5 CSR 20-400.375; and/or (C) Individuals who have not been employed in a school setting may renew their certificate upon completion of the 1. Submission of an application; and 2. Employment by a Missouri public school district and documentation of completion of a plan to complete twentyfour (24) contact hours of professional development within six (6) months prior to or after returning to an educational position or completion of a two or three semester hour course relevant to the individuals growth as a professional educator.

(6) Career Continuous Professional Classification (CCPC)— (A) A CCPC classification will be issued to an applicant upon 1. Four (4) years of state-approved teaching experience;

2. The development and implementation of a professional development plan of at least thirty (30) contact hours approved by the employing school district to include clearly stated goals for improvement and enrichment;

3. Participation in a mentoring program for a minimum of two (2) school years as defined in 5 CSR 20-400.380, the guidelines for which shall be established by the local board of 4. Participation in a beginning teacher assistance program as defined in 5 CSR 20-400.385, to include, but not be limited to, assistance in classroom management, instructional strategies, and ongoing support; and 5. Participation in the district’s PBTEs as defined in 5 CSR 20-400.375;

(B) The CCPC classification is continuous upon verification by the employing school district that the certificate holder has completed fifteen (15) contact hours of professional development per school year; and (C) The CCPC holder is exempt from the fifteen (15) contact 1. Ten (10) years of state-approved teaching experience;

2. A master’s degree from an accredited college or university; and/or 3. Certification from the National Board for Professional Teaching Standards, or for school psychologists, the certificate of nationally certified school psychologist issued by the National Association of School Psychologists (NASP).

(7) Any level of a Missouri professional classification shall be extended for a teacher whose service is interrupted due to a reduction in force (RIF) or military service.

(8) The local district and teacher shall submit, on an upgrade application form provided by the department, a request for renewal and/or continuation of a particular classification level; verification that the teacher has completed the requirements of a particular classification level and/or the request for advancement to the next classification level.

(9) Any certificate holder denied certification by the board pursuant to this rule may appeal the decision pursuant to the rules promulgated by the board.

(10) Any certificate holder’s disagreement with the school district’s verification of requirements for the classification levels shall be dealt with through an appeal process developed by the school district’s local board of education.

(11) Approved teaching experience, as described in the rules promulgated by the board, must be in Missouri public schools, schools approved or accredited by the state education agency in states other than Missouri, or in nonpublic schools accredited by one (1) of the six (6) regional accrediting associations for schools and colleges or other schools accredited by a department-approved accrediting agency which incorporate standards that include a two- (2-) year mentoring program as defined in 5 CSR 20-400.380, professional development plans for faculty, in-service training for faculty, beginning teacher assistance program as defined in 5 CSR 20-400.385, and PBTEs as defined in 5 CSR 20-400.375.

Teaching experience must be contracted and at least halftime. Substitute teaching or serving as a teacher’s aide, paraprofessional, or assistant will not be counted as teaching experience.

(12) Provisional certificates of license to teach may be issued to an individual for two (2) years and may be extended upon a showing of good cause. Provisional certificates of license to teach may be issued in the following situations:

(A) A two- (2-) year provisional certificate of license to teach may be issued to an individual who has completed the academic requirements for a certificate of license to teach, but has not taken or passed the exit assessment(s) designated by the board; or (B) A two- (2-) year provisional certificate of license to teach may be issued to an individual who has been admitted into a state-approved post-baccalaureate or alternative professional education program at a Missouri institution of higher education and is actively engaged in coursework to satisfy the requirements of the program; or (C) A two- (2-) year provisional certificate of license to teach may be issued to an individual who has completed a teacher preparation program and is generally within twelve (12) semester hours of completion of the certification requirements as set forth in 5 CSR 20-400.500–5 CSR 20-400.600.

(13) Administrator certificates of license to teach may be issued to an individual and renewed pursuant to 5 CSR 20-400.610–5 CSR 20-400.630.

(14) Student services certificates of license to teach may be issued to an individual and renewed pursuant to 5 CSR 20- 400.640–5 CSR 20-400.650.

(15) Substitute certificates of license to teach may be issued to an individual for four (4) years pursuant to 5 CSR 20–400.220.

(16) Career education certificates of license to teach may be issued to an individual and renewed pursuant to 5 CSR 20- 400.660–5 CSR 20-400.690.

(17) Adult education and literacy certificates of license to teach may be issued to an individual and may be renewed pursuant to 5 CSR 20-400.700.

(18) Temporary authorization certificates of license to teach may be issued to an individual for one (1) year and may be renewed pursuant to 5 CSR 20-400.180.

Original rule filed April 26, 2000, effective Nov. 30, 2000. Amended:

Filed March 27, 2001, effective Oct. 30, 2001. Amended: Filed Oct. 25, 2001, effective June 30, 2002. Amended: Filed Aug. 13, 2002, effective March 30, 2003. Amended: Filed Sept. 12, 2003, effective April 30, 2004. Amended: Filed Sept. 22, 2004, effective April 30, 2005. Amended: Filed June 30, 2005, effective Jan. 30, 2006.

Amended: Filed April 4, 2007, effective Nov. 30, 2007. Amended:

Filed Jan. 18, 2008, effective Sept. 30, 2008. Amended: Filed Jan. 30, 2009, effective Aug. 30, 2009. Amended: Filed Feb. 1, 2010, effective Sept. 30, 2010. Moved to 5 CSR 20-400.260, effective Aug. 16, 2011.

Amended: Filed Feb. 28, 2012, effective Oct. 30, 2012. Amended:

Filed Sept. 22, 2021, effective May 30, 2022. 1990, 1998, 2000, 2003, 2008, 2009, 2011, 2013, 2014, 2018, 2020; 168.071, RSMo 1963, amended 1973, 1978, 1984, 1988, 1993, 1998, 2002, 2003, 2011, 2013, 2014; 168.081, RSMo 1963, amended 1984, 2002, 2014; 168.128, RSMo 1969, amended 1983; 168.400, RSMo 1985, amended 1990, 2002; 168.405, RSMo 1985; and 168.409, RSMo 1985.

History

• AUTHORITY: sections 161.092, 168.011, 168.071, 168.081, 168.128, 168.400, 168.405, and 168.409, RSMo 2016, and section 168.021, RSMo Supp. 2021. This rule previously filed as 5 CSR 80-800.360.

5 CSR 20-400.270 Fees certificates. {#sec-5-csr-20-400.270 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.270}

This rule outlines the fees assessed.

(1) The State Board of Education (board) shall establish fees sufficient to recover costs of processing and issuing certificates of license to teach. All applicants for a certificate of license to teach shall submit the approved application accompanied by the required fee.

(2) All fees are nonrefundable.

Supp. 2012.* This rule previously filed as 5 CSR 80-800.370. Original

rule filed April 26, 2000, effective Nov. 30, 2000. Amended: Filed Aug. 13, 2002, effective March 30, 2003. Amended: Filed Sept. 12, 2003, effective April 30, 2004. Moved to 5 CSR 20-400.270, effective Aug. 16, 2011. Amended: Filed Dec. 3, 2012, effective June 30, 2013. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003; 168.011, RSMo 1963, amended 1984; 168.021, RSMo 1963, amended 1973, 1984, 1988, 1990, 1998, 2000, 2003, 2008, 2009, 2011; 168.071, RSMo 1963, amended 1973, 1978, 1984, 1988, 1993, 1998, 2002, 2003, 2011; 168.081, RSMo 1963, amended 1984, 2002; 168.400, RSMo 1985, amended 1990, 2002; 168.405, RSMo 1985; and 168.409, RSMo 1985.

5 CSR 20-400.280 Required Assessments for Professional Education Certification in Missouri {#sec-5-csr-20-400.280 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.280}

(Rescinded August 30, 2019) 168.400, RSMo Supp. 2012, and sections 168.011, 168.405, and 168.409, RSMo 2000. This rule previously filed as 5 CSR 80- 800.380. Original rule filed April 26, 2000, effective Nov. 30, 2000.

Amended: Filed March 27, 2001, effective Oct. 30, 2001. Amended:

Filed March 1, 2002, effective Sept. 30, 2002. Amended: Filed Aug. 13, 2002, effective March 30, 2003. Amended: Filed Sept. 12, 2003, effective April 30, 2004. Amended: Filed Sept. 22, 2004, effective April 30, 2005. Amended: Filed June 30, 2005, effective Jan. 30, 2006. Amended: Filed April 4, 2007, effective Nov. 30, 2007. 2010, effective Sept. 30, 2010. Moved to 5 CSR 20-400.280, effective Aug. 16, 2011. Amended: Filed Feb. 28, 2012, effective Oct. 30, 2012.

Amended: Filed Oct. 12, 2012, effective May 30, 2013. Rescinded:

Filed Jan. 17, 2019, effective Aug. 30, 2019.

5 CSR 20-400.290 Procedure for Potential Candidates for Missouri Certificate of License to Teach with a Criminal {#sec-5-csr-20-400.290 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.290}

History to Petition the State Board of Education for Background Clearance

PURPOSE: This rule outlines the procedure for a potential candidate for Missouri certificate of license to teach with a criminal history to petition the State Board of Education for a professional background clearance.

(1) Potential candidates for a Missouri certificate of license to teach who are currently enrolled in professional education courses in conjunction with state-approved teacher preparation programs may petition the State Board of Education (board) for provisional clearance of their background, enabling possible issuance of a Missouri certificate of license to teach upon completion of their teacher preparation program and pursuant to the rules promulgated by the board.

(2) A potential candidate may apply to petition the board for background clearance by completing and submitting the background check form. The form is provided by the board and may be obtained by writing the Educator Certification Section of the Department of Elementary and Secondary Education (DESE) at PO Box 480, Jefferson City, MO 65102, or the form may be downloaded from the Internet. The form contains the (A) Applicant’s full name, date of birth and Social Security number;

(B) Applicant’s residential address;

(C) Details regarding teaching certificates or similar titles and/or other professional licenses or similar titles held, reprimands and/or investigations;

(D) Details regarding being found guilty, plea of guilty, receipt of a suspended imposition of sentence or entering a plea of nolo contendere for any violation of any laws of a state, the United States or any other country, other than a traffic violation; and (E) Details regarding any pending complaints and/or investigations before any regulatory board or agency.

(3) A potential candidate wishing to petition the board shall request and obtain documentation of current enrollment in a professional education course in conjunction with a stateapproved teacher preparation program from the designated official of the institution.

(4) A potential candidate wishing to petition the board for background clearance shall request that each state or United States territory regulatory entity in which a professional license including a certificate of license to teach is held or has ever been held to submit verification of certification or licensure directly to DESE, including information regarding any disciplinary action.

(5) The background check form is not considered officially filed with the board until it has been determined by the board or DESE staff to be complete and the application is submitted on the forms provided by the board, signed and accompanied by two (2) full sets of fingerprints with the appropriate fee as set by the Missouri State Highway Patrol (Highway Patrol) and/or the Federal Bureau of Investigation (FBI) and any other applicable forms and/or fees. All information should be received by the board within ninety (90) days of the date of the application.

(A) The applicant is responsible for submitting the fingerprints

History

• AUTHORITY: sections 161.092, 168.021, 168.071 and 168.081, RSMo Supp. 2004 and 168.011, RSMo 2000. This rule previously filed as

5 CSR 80-800.400. Original rule filed Jan. 19, 2000, effective Aug. 30, 2000. Amended: Filed Sept. 12, 2003, effective April 30, 2004. {#sec-5-csr-80-800.400. omnilex-key=us-mo-regs-official--title-5--5 CSR 80-800.400.}

Amended: Filed Sept. 22, 2004, effective April 30, 2005. Moved to 5 CSR 20-400.290, effective Aug. 16, 2011. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003; 168.011, RSMo 1963, amended 1984; 168.021, RSMo 1963, amended 1973, 1984, 1988, 1990, 1998, 2000, 2003; 168.071, RSMo 1963, amended 1973, 1978, 1984, 1988, 1993, 1998, 2002, 2003; and 168.081, RSMo 1963, amended 1984, 2002.

5 CSR 20-400.300 Procedures and Standards for Approval of Professional Education Programs in Missouri {#sec-5-csr-20-400.300 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.300}

Amended: Filed Dec. 23, 1998, effective Aug. 30, 1999. Amended:

Filed July 28, 2000, effective Feb. 28, 2001. Amended: Filed Sept. 24, 2002, effective April 30, 2003. Amended: Filed April 5, 2004, effective Nov. 30, 2004. Amended: Filed July 14, 2006, effective Feb. 28, 2007. Moved to 5 CSR 20-400.300, effective Aug. 16, 2011.

Rescinded: Filed March 20, 2020, effective Oct. 30, 2020.

History

• AUTHORITY: sections 161.092 and 168.021, RSMo Supp. 2005 and 161.097 and 161.099, RSMo 2000. This rule was previously filed as 5 CSR 80-800.015 and 5 CSR 80-805.015. Original rule filed Sept. 29, 1986, effective Jan. 12, 1987. Amended: Filed Aug. 1, 1988, effective Nov. 25, 1988. Amended: Filed April 25, 1990, effective Sept. 28, 1990. Amended: Filed Oct. 31, 1996, effective June 30, 1997.

5 CSR 20-400.310 Basic Education Competencies Required Prior to Admission to Approved Teacher Education Programs in Missouri {#sec-5-csr-20-400.310 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.310}

Amended: Filed Aug. 1, 1988, effective Nov. 25, 1988. Amended:

Filed Oct. 1, 1991, effective March 9, 1992. Amended: Filed Dec. 19, 1995, effective July 30, 1996. Moved to 5 CSR 20-400.310, effective Aug. 16, 2011. Amended: Filed Aug. 28, 2012, effective March 30, 2013. Rescinded: Filed March 20, 2020, effective Oct. 30, 2020.

History

• AUTHORITY: sections 161.092, 168.021, and 168.400, RSMo Supp. 2012, and section 168.011, RSMo 2000. This rule was previously filed as 5 CSR 80-800.050 and 5 CSR 80-805.020. Original rule filed Aug. 15, 1983, effective Dec. 12, 1983. Emergency amendment filed Sept. 2, 1988, effective Sept. 13, 1988, expired Nov. 24, 1988.

5 CSR 20-400.320 Innovative and Alternative Professional Education Programs {#sec-5-csr-20-400.320 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.320}

History

• AUTHORITY: sections 161.097 and 168.011, RSMo 2000 and 161.092, 168.021 and 168.081, RSMo Supp. 2005. This rule previously filed as

5 CSR 80-805.030. Original rule filed Oct. 25, 2001, effective June 30, 2002. Amended: Filed April 27, 2006, effective Nov. 30, 2006. {#sec-5-csr-80-805.030. omnilex-key=us-mo-regs-official--title-5--5 CSR 80-805.030.}

Moved to 5 CSR 20-400.320, effective Aug. 16, 2011. Rescinded:

Filed March 20, 2020, effective Oct. 30, 2020.

5 CSR 20-400.330 Clinical Experience Requirements for Candidates in Professional Education Programs {#sec-5-csr-20-400.330 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.330}

PURPOSE: This rule establishes clinical experience requirements for candidates in professional education programs approved by the State Board of Education in all baccalaureate degree granting four- (4-) year colleges and universities in Missouri.

(1) For the purpose of this rule, unless the context clearly requires otherwise, the following terms shall mean:

(A) Accredited nonpublic school. A school that has met the standards of a state recognized accrediting agency and has received the approval of such agency;

(B) Board. Missouri State Board of Education;

(C) Clinical experiences. Supervised student teaching or internships that are conducted in approved educational settings such as a public or accredited nonpublic school or classroom. Students in professional education programs are immersed in the learning community and are provided opportunities to develop and demonstrate competence in the professional roles for which they are preparing;

(D) Clinical faculty. Faculty from schools, preschool–grade twelve (12), and institutions of higher education responsible for instructing, supervising, and assessing preservice education students during student teaching assignments, internships, or other field experiences;

(E) Cooperating teacher. A teacher with at least three (3) years experience in a public or accredited nonpublic school setting, having professional classification certification in the content area and grade range being taught, with whom preservice students are placed for student teaching or other field experiences to fulfill the requirements of a professional education program;

(F) Field experiences. Venues in which students in professional education programs may observe, assist, tutor, instruct, and/or conduct research. Field experiences may occur in off-campus settings such as public or accredited nonpublic schools or classrooms;

(G) Internship. A post-licensure or graduate clinical experience under the supervision of clinical faculty; may also refer to a preservice clinical experience;

(H) Mentor. An experienced teacher, administrator, or other school professional with appropriate certification who provides support to a beginning educator by providing instruction, coaching, counseling, or other assistance in the performance of his/her duties and responsibilities;

(I) Preservice. The period of time during which a student is undergoing professional training to become a teacher, administrator, or other certificated school employee; and/or (J) Teacher assistant. An individual who is serving in a classroom under the supervision of a certificated teacher with responsibilities comparable to a certificated teacher in a public school or accredited nonpublic school setting.

(2) Each institution of higher education offering professional education program(s) for teacher certification shall require preservice teacher education students to complete clinical and other field experiences under the supervision of a qualified cooperating teacher and a qualified clinical faculty member from the institution’s professional education program in accordance with rules promulgated by the board, with the following exception:

(A) Programs having preservice teacher education students who have been employed in public or accredited nonpublic schools for at least two (2) years as teacher assistants shall accept such experiences in lieu of the conventional student teaching requirement if the following conditions are met:

1. The preservice student’s experience as a teacher assistant was concurrent with the student’s participation in the professional education program and in the same content area and grade range for which the student is seeking certification;

2. The teacher assistant shall have conducted teaching activities comparable to those required for other preservice education students in conventional student teaching placements and demonstrating similar competencies;

3. The teacher with whom the teacher assistant served meets the qualifications for a cooperating teacher, as defined in this rule;

4. The teacher with whom the teacher assistant served has been provided training for observing and evaluating the assistant’s teaching practice through the institution providing the assistant’s professional education program or through the school or district’s mentor training program; and 5. The teacher assistant has been working with permission and under the authority of the principal of the school or a designee.

History

• AUTHORITY: sections 161.092, 161.097, 161.099, and 168.400, RSMo 2016, and section 168.021, RSMo Supp. 2019. This rule previously filed as 5 CSR 80-805.040. Original rule filed Sept. 24, 2002, effective April 30, 2003. Moved to 5 CSR 20-400.330, effective Aug. 16, 2011. Amended: Filed Jan. 14, 2020, effective Sept. 30, 2020. 161.097, RSMo 1985, amended 2014; 161.099, RSMo 1993; 168.021, RSMo 1963, amended 1973, 1984, 1988, 1990, 1998, 2000, 2003, 2008, 2009, 2011, 2013, 2014, 2018; and 168.400, RSMo 1985, amended 1990, 2002.

5 CSR 20-400.340 Administrative Procedures for the Teacher Education Scholarship Program {#sec-5-csr-20-400.340 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.340}

Original rule filed Dec. 2, 1985, effective Feb. 24, 1986. Amended:

Filed Aug. 1, 1989, effective Nov. 27, 1989. Rescinded and readopted:

Filed March 29, 2002, effective Oct. 30, 2002. Moved to 5 CSR 20- 400.340, effective Aug. 16, 2011. Rescinded: Filed Aug. 28, 2012, effective March 30, 2013.

History

• AUTHORITY: sections 160.276, 160.278, 160.281, and 160.283, RSMo 2000. This rule previously filed as 5 CSR 80-850.010.

5 CSR 20-400.350 Administrative Procedures for the Minority Teaching Scholarship Program {#sec-5-csr-20-400.350 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.350}

rule filed July 19, 1995, effective July 29, 1995, expired Nov. 25, 1995. Original rule filed May 24, 1995, effective Jan. 30, 1996.

Moved to 5 CSR 20-400.350, effective Aug. 16, 2011. Rescinded:

Filed Aug. 28, 2012, effective March 30, 2013.

History

• AUTHORITY: sections 161.415, 161.418, 161.421, and 161.424, RSMo 1994. This rule previously filed as 5 CSR 80-850.015. Emergency

5 CSR 20-400.360 Missouri Critical Teacher Shortage Forgivable Loan Program {#sec-5-csr-20-400.360 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.360}

(Rescinded December 30, 2021)

History

• AUTHORITY: sections 161.092 and 168.600, RSMo 2000. This rule previously filed as 5 CSR 80-850.025. Original rule filed June 28, 2001, effective Jan. 30, 2002. Moved to 5 CSR 20-400.360, effective Aug. 16, 2011. Rescinded: Filed May 14, 2021, effective Dec. 30, 2021.

5 CSR 20-400.370 Missouri Career Development and Teacher Excellence Plan {#sec-5-csr-20-400.370 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.370}

PURPOSE: Sections 168.500–168.515, RSMo establish a career advancement program, the Missouri Career Development and Teacher Excellence Plan, referred to as the career ladder program.

Participation by local school districts in the Career Ladder Program shall be voluntary. The Career Ladder Program is a matching program of variable matched rates established by statute. The general assembly makes an annual appropriation for the purpose of providing the state’s share of the Career Ladder Program. This

rule sets forth guidelines for local district participation in the Career Ladder Program.

(1) For the purpose of this rule, unless the context clearly requires otherwise, the following terms shall mean:

(A) Career ladder salary supplement—The district may estab lish a salar y supplement up to fifteen hundred dollars ($l,500) for Career Stage I teachers, three thousand dollars ($3,000) for Career Stage II teachers, and five thousand dollars ($5,000) for Career Stage III teachers. The state’s payment is contingent upon appropriations for this purpose;

(B) Department—The Department of Elementary and Secondary Education;

(C) Eligible district—A school district which has adopted a local district career ladder plan and had that plan approved by the department according to standards and procedures established in this rule;

(D) Participating teacher—An individual employed full-time by a school district who is certificated under rules governing teacher certification to serve as a classroom teacher, librarian, school counselor, school psychological examiner, parents as teachers educator, school psychologist, special education diagnostician, or speech pathologist and is on the district salary schedule and, as verified by a school district, has met criteria established for the career ladder; and (E) School district—A school or group of schools governed by a locally elected board of education or the State Board of Education and operated at public expense.

(2) The department will provide school districts a model career ladder, guidelines and criteria for school district plans which meet the requirements established by statute and this rule.

(3) Each local school district desiring to participate in the Career Ladder Grant Program shall submit an application and District Career Ladder Plan (DCLP) to the department annually by April 30 of each year.

(4) Upon receipt of the school district’s career ladder application, the department will review plans for eligibility to participate in the program. The department will evaluate the local district’s career ladder plan to determine compliance with applicable statutes and standards and procedures established in the Criteria for Local District Career Ladder Plans (Appendix A).

(5) The department will notify school districts of necessary modifications, eligibility, or denial.

(6) Each approved district shall identify participating teachers through the October cycle of the Core Data/MOSIS Collection System provided by the department.

(7) Upon receipt of the Core Data information, the department will review the list of participating teachers and calculate the state portion of the career ladder salary supplement.

(8) The department will schedule the appropriate reimburse t for Career Ladder Stages I, II, and III, payments to occur in June, in concert with the regular payment of foundation program funds, contingent upon appropriations.

(9) Eligible districts receiving career ladder salary supplements shall pay to each teacher an amount specified in the district application not to exceed the maximum amounts for Stages I, II, and III as provided by section 168.515(1), RSMo. If staffing/ eligibility changes occur subsequent to the certification of the career ladder entitlement, which cause the district to receive more or fewer funds necessary to implement the provisions of

section 168.515, RSMo, the department shall be notified of the changes, and the department will make an offsetting correc tion on the ensuing pa yment.

(10) Independent auditors retained by local districts will be responsible to examine district payroll records to determine if the proper career ladder supplemental pay has actually been paid to participating teachers as certified by the district to the department. Instances of noncompliance should be set forth in the audit report in the accountant’s report on state and federal compliance.

APPENDIX A

Criteria for Local District Career Ladder Plans REQUIRED ELEMENTS OF THE DISTRICT CAREER LADDER PLAN The local district shall develop and submit to the Department of Elementary and Secondary Education (department) a District Career Ladder Plan (DCLP). This plan will provide the organizational basis for the district’s career ladder. Development of a career ladder is voluntary for local school districts. When districts establish a career ladder plan, they also must accept the responsibility of raising the local portion of the funding. Teachers who meet the qualifications and responsibilities as established as specific criteria for Stage I, II, and III (section 168.500.2(3), RSMo) for the district career ladder shall have a reasonable expectation of participating on the career ladder.

I. The DCLP shall contain a statement requiring that all criteria used for awarding payment be directly and obviously related to improvement of programs and services for students as outlined in the District School Improvement Plan, Curriculum Development Plan, Professional Development Plan, Missouri School Improvement Program, or instructional improvement.

II. The DCLP shall contain three (3) stages and the qualifications for each stage. The annual supplemental pay shall not exceed $1,500 for Stage I, $3,000 for Stage II, or $5,000 for Stage III. The state’s payment is contingent upon appropriations for this

purpose (section 168.515.1, RSMo). This supplemental pay shall be in addition to that which the teacher would normally be accorded by the district’s salary schedule (section 168.505.1, RSMo).

III. Each career ladder stage shall contain specific qualifications, responsibilities, and volunteer efforts to be completed by the educator prior to payment (section 168.500.2, RSMo). These qualifications shall include:

A. Appropriate years of teaching experience in Missouri public schools for each stage (section 168.500.2(5), RSMo).

• At Stage I, the teacher shall have two (2) years of Missouri teaching experience, complete the required beginning teacher assistance program, participate in two (2) years of mentoring (section 168.400.4, RSMo), and show evidence of acceptable performance on all of the criteria on the most recent final evaluation instrument.

• At Stage II, the teacher shall have three (3) years of Missouri teaching experience, and show evidence of acceptable performance on all of the criteria on the most recent final evaluation instrument.

• At Stage III, the teacher shall have five (5) years of Missouri teaching experience, and show evidence of acceptable performance on all of the criteria on the most recent final evaluation instrument;

B. A clearly defined level of performance relative to the district’s Performance Based Teacher Evaluation process;

C. A Career Development Plan to be organized by the teacher. The Career Development Plan shall contain the responsibilities to be completed by the teacher while on the career ladder, and provisions for verifying completion of these responsibilities.

Following approval by the district, these plans may be amended for good cause;

D. Appropriate certification in subject area for each teacher;

E. Full-time regular length contract; and F. The DCLP may contain additional qualifications deemed appropriate by the local board of education to the extent they are consistent with the provisions of sections 168.500—l68.515, RSMo.

IV. Each career ladder stage shall contain responsibilities commensurate and adjustable to the compensation offered for that stage that will be completed by the teacher while on the career ladder. These responsibilities shall directly and obviously relate to the improvement of programs and services for students as outlined in the District School Improvement Plan, Curric ulum Development Plan, Professional Development Plan, Missouri School Improvement Program, or instructional improve ment. Educators shall complete a minimum of fifty (50) clock hours at Stage I, seventy-five (75) clock hours at Stage II, and one hundred (100) clock hours at Stage III in an approved responsibility or volunteer effort. Responsibilities and volunteer efforts shall be detailed in the teacher’s Career Development Plan. Such additional responsibilities and volunteer efforts should occur outside of the compensated hours and duties, and include but not be limited to:

• Participating in teacher externships as provided in section 168.025, RSMo;

• Serving as a coach, supervisor, or organizer of any extracurricular activities for which the teacher does not already receive additional compensation;

• Serving as a mentor or cooperating teacher for new teachers for which the teacher does not already receive additional compensation;

• Serving as a mentor for students, whether in a formal or informal capacity;

• Providing high quality tutoring or additional learning opportunities to students;

• Assisting students with postsecondary education preparation including, but not limited to, teaching an ACT or SAT preparation course or assisting students with completing college or career school admission or financial assistance applications;

• Receiving additional teacher training or certification outside of that offered by the school district; and • Other (with description of how this responsibility or voluntary effort directly and obviously relates to the improvement of programs and services for students as outlined in the District School Improvement Plan, Curriculum Development Plan, Professional Development Plan, Missouri School Improvement Program, or instructional improvement).

V. The local school district shall show evidence of teacher, administrator, and patron involvement in the development of the DCLP.

VI. The DCLP shall contain provisions for assessment of the district’s career ladder. Plans will be made for periodic assessment of the district’s career ladder under the direction of the local board of education with assistance from administrators, teachers, and patrons. Criteria for assessment shall include, but not be limited to, benefits for schools and students, and teacher interest and participation.

VII. The DCLP shall contain procedures for appealing decisions made regarding approval or denial of application and placement on the career ladder (section 168.500.2(6), RSMo), including the right to substantive and procedural appeals of the local comprehensive, performance-based evaluation process. Procedures shall include, but not necessarily be limited to, the A. An opportunity to have the decision reviewed by the superintendent of schools; and B. An opportunity for the local board of education to review the superintendents decision.

Appeal procedures shall be implemented in a timely fashion. All decisions made with respect to a teacher’s application to, and placement on, any stage of the career ladder shall be based on the qualifications for that stage as stated in the DCLP.

VIII. The DCLP shall contain provisions for recognition of teacher mobility from one (1) participating district to another within this state (section 168.500.5, RSMo).

The department will periodically review local district plans and will collect information from local districts regarding the career ladder process. The local district will report data on its Career Ladder Grant Program to the department upon request. The local district must advise the department regarding amendments to the DCLP adopted by the local board of education following approval of the original DCLP by the department.

(6/30/23) John R. Ashcroft

History

• AUTHORITY: sections 168.500–168.515, RSMo 2016 and Supp. 2022. This rule previously filed as 5 CSR 80-850.030. Original rule filed Feb. 26, 1986, effective May 29, 1986. Amended: Filed Aug. 31, 1992, effective April 8, 1993. Amended: Filed Sept. 27, 1995, effective March 30, 1996. Moved to 5 CSR 20-400.370, effective Aug. 16, 2011. Amended: Filed Aug. 25, 2022, effective April 30, 2023. Original authority: 168.500, RSMo 1985, amended 1986, 1993, 1996; 168.505, RSMo 1985, amended 1993; 168.510, RSMo 1985, amended 1996; and 168.515, RSMo 1985, amended 1993, 1996.

5 CSR 20-400.375 Districts Effectively Evaluating Educators {#sec-5-csr-20-400.375 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.375}

PURPOSE: The growth and learning of children is the primary responsibility of those who teach in our classrooms and lead our schools. Student growth and learning can be observed and measured. Educators, in partnership with students, parents, and community, are accountable for ensuring the improvement of student achievement. Effective educator evaluation systems promote the improvement of professional practice resulting in the improvement of student performance.

(1) Pursuant to section 168.128, RSMo, the board of education of each school district shall maintain a comprehensive, performance-based evaluation for each teacher employed by the district. It is required that these evaluations shall be ongoing and of sufficient specificity and frequency to provide for demonstrated standards of competency and academic ability.

With the primary goal of improving educator quality to promote high levels of student learning, the Department of Elementary and Secondary Education (department) establishes the following principles of effective evaluation:

(A) The evaluation process should use research-based performance targets aligned with state model teacher and leader standards;

(B) The evaluation process should establish indicators of performance articulated across differentiated levels with standards specifying expectations at all levels of practice;

(C) The evaluation process should be aligned with the probation period for the educator as specified in state law and provide for the accurate and appropriate accumulation of performance data;

(D) The evaluation process should use student growth in learning as a significant contributing factor in the evaluation of practice at all levels, using a wide variety of student performance measures;

(E) The evaluation process should assess performance on a regular basis, providing timely feedback from multiple sources that promotes formative development at all career stages and supporting overall improvement;

(F) The evaluation process should be designed to ensure that evaluators who collect evidence of performance and provide feedback are highly trained and objective, ensuring that ratings are fair, accurate, and reliable;

(G) The evaluation process should be designed to guide district decisions regarding determinations of status, recognition, development, interventions, and policies that impact student learning in the system.

(2) These essential principles outlined here are the overall framework of Missouri’s model Educator Evaluation System.

School districts not electing to adopt the state model shall align their local evaluation process to these same principles and shall submit their process to the department for review and approval.

History

• AUTHORITY: section 161.092, RSMo Supp. 2013, and section 168.128, RSMo 2000. Original rule filed Oct. 29, 2013, effective April 30, 2014. Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013 and 168.128, RSMo 1969, amended 1983.

5 CSR 20-400.380 Mentoring Program Standards {#sec-5-csr-20-400.380 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.380}

PURPOSE: This rule clarifies the standards for school districts and charter schools mentoring programs.

(1) A successful school district and charter school mentoring program shall include, but may not be limited to, the standards listed below:

(A) An introduction to the cultural environment of the community, school district and charter school, school building, and classroom that— 1. Introduces school district and charter school policies, procedures, and mission (educator and student handbooks, Comprehensive School Improvement Plan (CSIP), goals, etc.);

2. Introduces community characteristics/norms/local expectations (community tour, housing, medical facilities, faith community, etc.);

3. Encourages membership and participation in professional organizations at school district and charter school levels and state/national levels;

4. Addresses issues of diversity and equity;

5. Provides a systematic and ongoing process of introduction to data analysis, assessment practice and process, etc. (not a one- (1-) day workshop);

6. Includes school district and charter school initiatives and parental feedback; and 7. Defines professional, educational, and school district and charter school acronyms;

(B) A systemic and ongoing program review/evaluation by all stakeholders— 1. Identifies all stakeholders;

2. Identifies mentoring characteristics, outcomes, assessment tools, and timelines;

3. Gathers regular systematic, qualitative and quantitative feedback from mentor, mentee, and administrators to determine if mentoring is working;

4. Is based on a foundation of best practices;

5. Requires independent/anonymous exit interviews of staff (may be connected to beginning educators’ survey at state level) so clear reasons for staff departures can be determined;

6. Is supported by central office and school board—as evidenced by trend data; and 7. Is included in broader Professional Development program evaluation (locally and on Missouri School Improvement Program (MSIP) reviews);

(C) An individualized plan for beginning educators that aligns with the school district’s and charter school’s goals and needs that— 1. Is aligned with a school district and charter school evaluation tool that is aligned with the Essential Principles of Effective Evaluation as evidenced by Screen 18a of the Core Data System;

2. Is a systematic and specific two- (2-) year mentoring and professional growth plan that identifies priority indicators for beginning educators;

3. Aligns with a school district and charter school CSIP and certification requirements;

4. Establishes outcomes for new educators;

5. Is an extension or part of a professional development plan that may have begun during student teaching/internship or culminating project in college;

6. Establishes non-evaluative mentor observations that are guided by needs identified by mentor and mentee.

Observations should include pre- and post- observation conferences, including reflective questions;

7. Encourages structured experiences and expectations for all new educators (planning time, meeting time, time management, etc.);

8. Establishes opportunities for mentees to observe master educators; and 9. Plans for completion of a required Beginning Teacher Assistance Program (BTA) aligned with the BTA guidelines;

(D) Collaborative selection of and support for mentors.

1. Current or retired educators selected to be mentors should— A. Have a minimum of four (4) years of experience;

B. Exhibit enthusiasm and commitment to the profession, maintain confidentiality, and be respected by their colleagues;

C. Be committed to continuous learning, reflection, and mentoring;

D. Hold or have held a same or similar position/job or grade/subject area (in- or out-of-building/school district and charter school);

E. Understand broad educational issues as well as specific teaching/education issues; and F. Have a strong understanding of pedagogy and instructional expertise in content area(s);

2. School districts and charter schools shall— A. Create mentor and mentee collaboration time (release time, common planning time, fewer additional assignments);

B. Require mentor and mentee pairs to be collaboratively assigned by administrator(s) and local professional development committee member(s) with input from gradelevel or department chair; and C. Support the mentoring process in time/effort by administration and school board;

(E) Comprehensive mentor training and support that— 1. Recognizes mentoring is NOT evaluation; confidentiality is required between mentor and mentee (except in situations of child endangerment);

2. Includes cognitive coaching skills along with collaborative training;

3. Includes observation and feedback training/skills;

4. Provides an awareness of phases of first-year educators (stress, depression, etc.);

5. Provides training on mentoring standards, performancebased evaluation requirements, certification requirements, and local expectations;

6. Includes a catalogue of resources available for beginning educators;

7. Recognizes the need for knowledge and strategies on classroom management;

8. Encourages school districts and charter schools to form mentoring consortia (may use existing structures to form consortia (e.g., conference schools));

9. Focuses on exemplary teaching and assessment practices;

10. Builds working strategies that encourage problem solving and independent thinking;

11. Provides understanding of student assessments and how educators can utilize them to guide instruction;

12. Includes self-assessment and reflection that identifies whether mentoring is meeting both the mentor’s and mentee’s expectations; and 13. Describes and provides a template for the mentor’s log – a written record of observations/meetings that includes dates and times signed by both the mentor and mentee;

(F) A complete list of responsibilities for the mentor, beginning educator, and administrator(s) is addressed in Appendix A;

(G) Sufficient time for mentors to observe beginning educators, and for the beginning educators to observe master educators by— 1. Aligning class schedules and planning periods to complement mentoring duties;

2. Utilizing state and local professional development funds or stipends to support mentors’ additional duties;

3. Providing a minimum of four (4) class periods each year for mentor release time to coach, observe, and meet;

4. Providing a minimum of four (4) opportunities for mentees to observe master educators each year; and 5. Providing release time to attend professional conferences, trainings, and meetings.

(6/30/23) John R. Ashcroft

APPENDIX A

TOPIC Beginning Educator Mentor or Professional Development Committee (PDC)

Administrator School Distr ict, Charte r School , PDC, and School Board College or University DESE, Regional Service Centers, Associations, and Others MENT OR SELECTION PD C assists in selection and pairing Administrator assists in selection and pairing PDC assists in selection and pairing Sour ce of content specific me ntors MENT OR TRAINING Mentor attends training; PDC responsible for arra nging ongoing mentoring training Attends mentor training and supports mentor and mentee Provides policy and suppor t for ongoing mentor training progr am Provides awareness or expectation for graduates and ma y provide training for mentor s Provides ongoing re gional training for mentor s with cognitive coaching suppor t INITIAL CONTACT Seeks contact prior to beginning of school year Contacts me ntee and welcomes him/he r to community.

Confirms first me eting (date/time)

Contacts me ntee and welcomes him/he r to community.

Arranges first me eting Provides curriculum guides, handbooks, and pertinent grade/subject level information Instructs student teachers on expectation of mentor ing COMMUNICATION Seeks support and assistance with mentor and colleagues Follows thr ough on contacts and individualizes topic s for mente e Assures mentor and mentee communicate regular ly school distr ict wide and charter schoolwide opportunities for mentor s and me ntees minimum annual contact for 1 st & nd year educators Supports comm unication between colleges and new educators CONFIDENTIALITY Maintains confidentiality at all times and appreciates assistance Maintains confidentiality at all times and reinforces trust Appreciates mentor/mentee confidentiality an d does no t undermine effort Rema ins neutra l

part y DOCUMENTATION OF PROFESSIONAL DEVELOPMENT Maintains log/list of inser vice, workshops, reading, collaborative development projects, and organizational activities Reviews docum entation Reviews forma l growth plan Keeps require d docum entation for beginning educators and mentor s for veri fication purpos es May collec t dat a on stre ngth or weakness of fir styear educators Ma y assist in data collection and revi ew PROFESSIONAL GROWTH PLAN (Tied to Model Teacher/Leader Standards)

Maintains and regular ly evaluates personal growth plan; shares with me ntor Assists in development of the professional growth plan and encourages growth and career advancement Supports new educators’ growth plans Me ntee and support team complete end-ofyear school checklist or assessment on -going or advanced coursework/ growth Provides models and work shop MENT OR PROGRAM SUPPORT Network in and outside school Network in and outside school Supports tim e for observation, collaboration, and comp ensation (Obser vation outside of school ma y be needed)

Formalizes written guidelines, me ntor tim e, and resour ces Offer support to graduates fro m any Missouri college Develops rules and standards.

Develop ongoing mentor training/support an d networking EVALUATION OF MENTORING PROGRAM Develops mentor ing assessment/ evaluation tool that aligns with standards and assesses formal evaluation of mentor ing and ma kes revisions May utiliz e information to improve preparation programs Provides models; evaluates for MSI P pur poses Denny Hoskins (8/31/25)

Filed Jan. 18, 2008, effective Sept. 30, 2008. Moved to 5 CSR 20- 400.380, effective Aug. 16, 2011. Amended: Filed Oct. 28, 2016, effective June 30, 2017. *Original authority: 160.720, RSMo 2002, amended 2004; 161.092, RSMo 1963 amended 1973, 2002, 2003, 2013, 2014; and 161.375, RSMo 2007.

History

• AUTHORITY: sections 160.720, 161.092, and 161.375, RSMo 2016. This rule previously filed as 5 CSR 80-850.045. Original rule filed Oct. 29, 2002, effective June 30, 2003. Rescinded and readopted:

5 CSR 20-400.385 Beginning Teacher Assistance Program {#sec-5-csr-20-400.385 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.385}

PURPOSE: Section 168.400, RSMo, and section 168.021.1, RSMo, establish the completion of a beginning teacher assistance program (BTAP) as a requirement of certification. This rule establishes minimum requirements for an effective BTAP. A well-designed and implemented BTAP with ongoing support will improve practice, helping new educators have the skills and knowledge to positively impact student achievement.

(1) All teachers seeking to upgrade their teaching certificate are required to complete a beginning teacher assistance program (BTAP) planned with assistance from a Missouri teacher education preparatory program and provided by an education association, regional service center, school district, or charter school. The BTAP is designed for teachers in either their first or second year of teaching. The program shall include but not be limited to the topics listed below:

(A) Classroom Manager and Community Builder— 1. Classroom management techniques;

2. Time, space, transitions, and activities management;

3. Awareness of diverse classroom, school, and community cultures;

(B) Instructional Designer and Facilitator of Student Thinking and Learning— 1. Effective instruction;

2. Clear learning goals and/or objectives;

3. Student voice and choice; and 4. Teaching and learning activities with high student engagement;

(C) Professional— 1. Communicates professionally— A. Effective communication with students, mentors, colleagues, and parents/guardians;

B. Verbal and nonverbal communication techniques;

C. Effective use of technology and social media for communication; and 2. Understands education-related law— A. Certification requirements;

B. Professional rights and responsibilities; and (D) Reflective Learner— 1. Self-assessment; and 2. Professional learning.

(2) According to the Missouri Professional Learning Guidelines for Student Success, effective professional learning typically extends over a relatively long period of time, which could be six (6) to twelve (12) months or longer. This extended time allows many opportunities for the practice of new knowledge and skills, reflecting on practice, receiving support via coach ing , observing other teachers, collaborating with grade-alike or content-like teachers, and making adjustments to meet the needs of students in the classroom. The professional learning program must provide ongoing support during the years of BTAP, which is defined as a minimum of quarterly meetings throughout the first and second year.

section 168.021, RSMo Supp. 2023.* Original rule filed Oct. 31, 2016, effective June 30, 2017. Amended: Filed March 11, 2024, effective Oct. 30, 2024. 168.021, RSMo 1963, amended 1973, 1984, 1988, 1990, 1998, 2000, 2003, 2008, 2009, 2011, 2013, 2014, 2018, 2020, 2022, 2024; and 168.400, RSMo 1985, amended 1990, 2002, 2024.

History

• AUTHORITY: sections 161.092 and 168.400, RSMo 2016, and

5 CSR 20-400.390 State Level Professional Development Funds for Statewide Areas of Critical Need for Learning and Development {#sec-5-csr-20-400.390 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.390}

PURPOSE: This rule provides administrative guidelines for expenditure of professional development funds as provided in 160.530, RSMo.

(1) The primary purpose of the state-level professional development moneys is to address statewide areas of critical need, provided the following two (2) areas shall constitute priority uses for such money:

(A) Funding operation of state management teams in school districts with academically deficient schools and providing resources specified by the management team as needed in these districts; and (B) Funding for grants to school districts for resources identified as necessary by the district for those districts which are failing to achieve assessment standards.

(2) The statewide areas of critical need for learning and development include:

(A) Funding operation of management teams in school districts with academically deficient schools and providing resources specified by management teams as needed in these districts;

(B) Funding for grants to school districts for resources identified as necessary by the district, for those districts which are failing to achieve assessment standards;

(C) Ensuring all children are successful in school, especially children at risk, children with special needs and gifted students;

(D) Increasing parental involvement;

(E) Providing information which will assist school administrators and teachers in understanding the process of site-based decision-making;

(F) Implementing recommended curriculum frameworks;

(G) Training in use of new assessment techniques and the use of those assessments to improve student performance;

(H) Cooperation with law enforcement authorities to expand successful anti-drug programs for students;

(I) Strengthening existing curricula of local districts to stress drug and alcohol prevention;

(J) Implementing and promoting programs to combat gang activity, violence and weaponry in the schools of the state;

(K) Establishing family schools, where schools adopt proven models of one (1)-stop state services for children and families;

(L) Expanding adult literacy services; and (M) Training board members in areas deemed important as determined by the state board of education.

(3) On an annual basis, the state board of education will select (8/31/25) Denny Hoskins additional priority areas of critical need to be funded during the subsequent academic year.

(4) Funding will be awarded on the basis of competitive grants and applicants will be required to complete closing reports complete evaluative data on the effectiveness of each activity.

(5) The state-level professional development moneys may be distributed to— (A) Colleges;

(B) Universities;

(C) Private associations;

(D) Professional education associations;

(E) Statewide associations organized for benefit of members of local boards of education;

(F) Public elementary and secondary schools; or (G) Other associations and organizations that provide professional development opportunities for teachers, administrators and boards of education.

(6) The State Board of Education reserves the right to contract for delivery of professional development services in any of the areas addressed in this rule.

(7) Each proposal must include a description of how it will impact on children and include an evaluation in compliance with the application process.

History

• AUTHORITY: section 160.530, RSMo Supp. 1993. This rule previously filed as 5 CSR 80-850.050. Original rule filed Nov. 23, 1993, effective July 10, 1994. Moved to 5 CSR 20-400.390, effective Aug. 16, 2011. Original authority: 160.530, RSMo 1993.

5 CSR 20-400.400 School Board Member Orientation and Training {#sec-5-csr-20-400.400 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.400}

(Moved to 5 CSR 20-100.340)

5 CSR 20-400.410 Robert C. Byrd Honors Scholarship Program {#sec-5-csr-20-400.410 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.410}

(Rescinded May 30, 2022)

History

• AUTHORITY: sections 161.092, RSMo Supp. 2005 and 178.430, RSMo 2000. This rule previously filed as 5 CSR 80-860.010. Original rule filed Oct. 15, 1990, effective March 14, 1991. Amended: Filed Aug. 15, 2005, effective March 30, 2006. Moved to 5 CSR 20-400.410, effective Aug. 16, 2011. Rescinded: Filed Oct. 27, 2021, effective May 30, 2022.

5 CSR 20-400.420 Urban Flight and Rural Needs Scholarship Program {#sec-5-csr-20-400.420 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.420}

rule previously filed as 5 CSR 80-860.050. Original rule filed Jan. 18, 2008, effective Aug. 30, 2008. Moved to 5 CSR 20-400.420, effective Aug. 16, 2011. Rescinded: Filed Aug. 28, 2012, effective March 30, 2013.

History

• AUTHORITY: sections 161.092 and 173.232, RSMo Supp. 2007. This

5 CSR 20-400.440 Procedures and Standards for Approval and Accreditation of Professional Education Programs in Missouri certificates of license to be a professional educator in any of the public schools of the state and establish requirements and qualifications for those certificates. {#sec-5-csr-20-400.440 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.440}

This rule provides procedures and standards for approval and accreditation of educator preparation programs in Missouri.

PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this

rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) Missouri Standards for the Preparation of Educators (MoSPE).

(A) Educator preparation programs in Missouri shall be ap proved and accredited according to the Missouri Standards for the Preparation of Educators (MoSPE) (June 2020), hereby incor porated by reference and made a part of this rule, as published by the Department of Elementary and Secondary Education, Educator Preparation, PO Box 480, Jefferson City, MO 65102- 0480, and available at it s website at https://dese.mo.gov/ educator-quality/educator-preparation/mo-standards-prepara tion -educators and at https://dese.mo.gov/governmental-affairs/dese-administrative-rules/incorporated-reference-materi als . This rule does not incorporate any subsequent amend ments or additions.

(B) Beginning September 30, 2023, educator preparation programs in Missouri shall be approved and accredited accord ing to the Missouri Standards for the Preparation of Educators (MoSPE) (May 2023), hereby incorporated by reference and made a part of this rule, as published by the Department of Elementary and Secondary Education, Educator Preparation, PO Box 480, Jefferson City, MO 65102-0480, and available at its website at https://dese.mo.gov/educator-quality/educator-preparation/mostandards-preparation-educators and at https://dese.mo.gov/governmental-affairs/dese-administrative-rules/incorporated-reference-materials. This rule does not incorporate any subsequent amendments or additions.

(2) For the purpose of this rule, the official definition for all terms will be those articulated in MoSPE unless the context clearly indicates otherwise.

(3) Initial Provider Approval.

(A) An educational entity seeking initial approval to offer educator preparation programs and to recommend successful completers of those programs for certification in the state of Missouri shall submit an application portfolio to the Department of Elementary and Secondary Education (department). Requests to offer initial teacher preparation and advanced educator preparation programs must be submitted separately. Applications portfolios should include the following elements:

1. A completed department-approved application form declaring the level (e.g., initial or advanced) and specific pro gr ams the entity is requesting authority to offer. The list of pro gr ams should denote the type—traditional or alternative—of each intended program;

2. A letter of authorization to offer postsecondary programming in Missouri or a current certificate to operate from the state department overseeing higher education;

3. An attestation that entity is in full good standing in every state in which it is currently offering educator preparation programs (e.g., not on probation);

4. A description of the administrative structure of the proposed provider to include, at a minimum— A. Individual responsible for all programs offered by the entity (e.g., dean, unit leader);

B. Individual responsible for submitting recommenda tions for c ertification and who will serve as the primary con tact with the department on issues related to certification (e.g., certification officer);

C. Individual who will serve as the primary contact with the department on issues related to field experiences (e.g., director of clinical experiences);

D. Individual who will serve as the primary contact with the department on issues related to the continuous improvement processes of the entity, including but not limited to the Annual Performance Reports for Educator Preparation Providers (e.g., assessment director);

5. A description of the entity’s plan for supervising clinical experiences, including student teaching in Missouri public schools;

6. A description of the entity’s plan to develop lasting collaborative partnerships with at least some Missouri local educational agencies;

7. Documented evidence of the entity’s history of prepar ing effective educ ators. If the applying entity has no previous experience with educator preparation, evidence of success with another professional preparation program that includes some sort of clinical experiences may be submitted;

8. Evidence of appropriate curriculum. For each proposed certification program (e.g., Elementary Education, Mathematics (9-12)), the following documents must be submitted:

A. A matrix, submitted on a department-approved form, indicating the course(s) to be used to meet each of the certification requirements; and B. An official university syllabus for each course listed on the matrix; and 9. An attestation, signed by the entity’s chief academic officer, that the institution understands, and agrees to abide by, all statutes and regulations that apply to educator preparation in Missouri, including but not limited to the Missouri Standards for the Preparation of Educators (MoSPE) and the Rules of the Department of Elementary and Secondary Education.

(B) After review, the department will recommend to the State Board of Education (board) that the application should be approved or denied. The board will determine whether or not the applying entity will be granted the authority to provide educator preparation in Missouri.

(C) The authority to provide initial teacher preparation and advanced educator preparation will be granted separately.

(D) Approved providers are only authorized to offer programs that have been explicitly approved by the department and, as appropriate, the Department of Higher Education and Workforce Development.

(E) Should a Missouri-approved educator preparation provider wish to add a specific preparation program in an area of certification not previously approved, the following documents must be submitted to the department:

1. A completed department-provided application form indicating the certification areas the provider would like to add;

2. A matrix, submitted on a department-approved form, indicating the course(s) to be used to meet each of the certification requirements; and 3. An official university syllabus for each course listed on the matrix.

(4) Accreditation.

(A) Upon receiving initial approval, an educator preparation provider must annually submit data consistent with the rules and regulations promulgated by the board. These and other available data are used by the department to generate annual performance reports.

(B) The commissioner shall review the annual performance reports and may request additional information before recommendations are made to the board.

(C) Based upon a review of available information, the commissioner shall recommend to the board that an educator preparation provider be accredited, provisionally accredited, or unaccredited.

1. In addition to data provided by annual performance reports, any failure to comply with the rules promulgated by the board, and the guidelines developed by the department to execute those rules, may also inform the commissioner’s recommendation.

2. The commissioner shall not recommend the removal of accreditation of providers not afforded an opportunity for a hearing according to the provisions of Chapter 536, RSMo.

(D) Informed by the commissioner’s recommendation, the board will annually make an accreditation determination of accredited, provisionally accredited, or unaccredited, for each educator preparation provider in Missouri, with decisions about initial teacher preparation and advanced educator preparation being made separately.

(E) The commissioner may authorize an interim review of an educator preparation program in accordance with the rules and regulations promulgated by the board. As a result of the review, and upon the recommendation of the commissioner, the board may revoke the approval and accreditation thereby removing an educator preparation program’s authorization to recommend candidates for certification.

(F) Should the board remove accreditation from any edu ator preparation provider, the commissioner shall notify the program of the decision and inform the educator preparation provider with reasons for the decision.

Amended: Filed March 4, 2025, effective Sept. 30, 2025. 161.097, RSMo 1985, amended 2014, 2022; and 161.099, RSMo 1993.

History

• AUTHORITY: sections 161.092 and 161.099, RSMo 2016, and section 161.097, RSMo Supp. 2024. Original rule filed Aug. 28, 2012, effective March 30, 2013. Amended: Filed March 20, 2020, effective Oct. 30, 2020. Amended: Filed Feb. 9, 2023, effective Sept. 30, 2023.

5 CSR 20-400.450 Missouri Advisory Board for Educator Preparation (MABEP) {#sec-5-csr-20-400.450 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.450}

PURPOSE: There is hereby established within the Department of Elementary and Secondary Education (department) the “Missouri Advisory Board for Educator Preparation” (MABEP). MABEP shall advise the State Board of Education and the Coordinating Board for Higher Education as provided in this section and foster meaningful and substantial collaboration and transparency among all stakeholders in the interest of improving the quality of teacher preparation in Missouri.

(1) The Missouri Advisory Board for Educator Preparation (MABEP) shall be comprised of sixteen (16) members, who shall be appointed as follows: five (5) members to be appointed by the State Board of Education (board) upon the recommendation of the commissioner of elementary and secondary education, three (3) members selected by the commissioner of elementary and secondary education, five (5) members to be selected by the Coordinating Board for Higher Education (coordinating board) upon the recommendation of the commissioner of higher education, and three (3) members to be selected by the commissioner of higher education. The commissioners of elementary and secondary education and higher education shall serve as ex officio members and thus shall not vote on matters before MABEP.

(A) The composition of MABEP shall consist of the following:

1. One (1) practicing certificated public school teacher who has served as a cooperating teacher, selected by the board upon the recommendation of the commissioner of elementary and secondary education;

2. One (1) practicing certificated public school administra tor with dir ect responsibility for the evaluation of educators, selected by the board upon the recommendation of the com missioner of elemen tary and secondary education;

3. One (1) practicing human resource director or adminis tr ator for a public school district with direct responsibility for hiring, selected by the board upon the recommendation of the commissioner of elementary and secondary education;

4. One (1) practicing certificated public school teacher who has served as a mentor for new teachers selected by the board upon the recommendation of the commissioner of elementary and secondary education;

5. One (1) practicing certificated superintendent of a public school, selected by the board upon the recommendation of the commissioner of elementary and secondary education;

6. One (1) representative of the public, to be appointed by the commissioner of elementary and secondary education.

This representative shall not currently be a member of a local school board of education or educator preparation governing board, nor ever have been employed as a public school educator, or in a professional position at any post-secondary education program;

7. One (1) employee of the Department of Elementary and Secondary Education (department) whose responsibilities include educator preparation and/or certification, selected by the commissioner of elementary and secondary education;

8. One (1) additional member, who shall be an elementary and/or secondary teacher, as provided for by section 161.097, RSMo;

9. One (1) faculty member within an approved educator preparation provider, selected by the coordinating board upon the recommendation of the commissioner of higher education;

10. One (1) leader of an educator preparation provider for a public four- (4-) year university, selected by the coordinating board upon the recommendation of the commissioner of higher education;

11. One (1) leader of an educator preparation provider for a public community college, selected by the coordinating board upon the recommendation of the commissioner of higher 12. One (1) leader of an educator preparation provider of an independent college or university, selected by the coordinating board upon the recommendation of the commissioner of higher education;

12. One (1) representative at-large from higher education, selected by the coordinating board of higher education upon the recommendation of the commissioner of higher education;

13. One (1) student enrolled in an approved educator preparation provider of a public or independent institution, selected by the commissioner of higher education;

14. One (1) employee of the Department of Higher Educa tion and W orkforce Development with responsibility for the approval of degree programs, selected by the commissioner of higher education; and 16. One (1) additional member, who shall be a higher education faculty member, as provided for by section 161.097, RSMo.

(B) The duties and responsibilities of the MABEP shall include, but not be limited to, the following:

1. Meet with the commissioners of elementary and secondary education and higher education to discuss policy issues and proposed changes to standards and practices related to educator preparation programs;

2. Make recommendations to the commissioners of el emen tary and secondary education and higher education regarding the criteria and procedures for evaluation and ap proval of educator degree programs and educator preparation programs within the state;

3. Facilitate communication by inviting subject matter and educator preparation experts and constituencies with an interest in developing highly-effective educators to meet with the MABEP for the purpose of identifying, reviewing, and promoting best practices and standards in educator preparation and professional development;

4. Present annually to the board and coordinating board to discuss matters of mutual interest in the area of educator preparation as presented by the rotating chairs of MABEP; and 5. Maintain a record of deliberations for the purpose of keeping constituent groups with an interest in the maintenance of quality education preparation programs informed of issues and recommendations.

(C) MABEP shall meet at least two (2) times annually, but may meet more frequently if requested by either board, the commissioner of elementary and secondary education, or the commissioner of higher education. MABEP shall be chaired by the commissioner of elementary and secondary education (or designee) and the commissioner of higher education (or designee) on an alternating basis.

History

• AUTHORITY: section 161.092, RSMo 2016, and section 161.097, RSMo Supp. 2025. Original rule filed April 22, 2014, effective Dec. 30, 2014. Amended: Filed June 13, 2025, effective Jan. 30, 2026. Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014, and 161.097, RSMo 1985, amended 2014, 2022.

5 CSR 20-400.500 Application for Certificate of License to certificates. {#sec-5-csr-20-400.500 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.500}

This rule outlines the procedures for application for a certificate of license to teach.

(1) An applicant for a Missouri certificate of license to teach who possesses good moral character and has successfully completed an educator preparation program approved by the (department) or earned a doctoral degree may be granted an initial Missouri certificate of license to teach in their major area of study, subject to the specific content area certification requirements established by the State Board of Education (board), which can be found in 5 CSR 20-400.500–5 CSR 20-400.700.

(2) Applications for a Missouri certificate of license to teach shall be submitted on the forms provided by the department, accompanied by the appropriate fee, and may be obtained by writing the Educator Certification Section of the department at PO Box 480, Jefferson City, MO 65102-0480 or downloading from the Internet.

(3) An application is not considered officially filed with the board until it has been determined by the board or the department staff to be complete and the application is submitted on the forms provided by the department, signed, and accompanied by two (2) full sets of fingerprints with the appropriate fee as set by the Missouri State Highway Patrol (Highway Patrol) and/or the Federal Bureau of Investigation (FBI) and any other applicable forms and/or fees. All information should be received by the department within ninety (90) days of the date of the application.

(A) The applicant is responsible for submitting the fingerprints (4) The applicant shall submit verification of certification or licensure directly to the department, including information regarding any disciplinary action from each state or United States’ territory regulatory entity in which a professional license, including a certificate of license to teach, is held or has been held.

(5) An applicant for a Missouri certificate of license to teach who has successfully completed an educator preparation program approved by the department must comply with the following additional criteria in addition to any requirements specific to the content area for which the applicant seeks certification:

(A) The applicant must possess a baccalaureate degree from (B) The applicant must possess a grade point average of 3.00 or higher in professional education;

(C) The applicant must request and obtain the recommendation of the designated certification official from a baccalaureate or higher-level educator preparation program approved by the department; and (D) The applicant must achieve a score equal to or in excess score shall be submitted to the department.

(6) An applicant for a Missouri certificate of license to teach who possesses a valid certificate of license to teach from another state and who possesses good moral character may be granted a Missouri certificate of license to teach.

(7) An applicant for a Missouri certificate of license to teach who has successfully obtained certification by the National Board for Professional Teaching Standards (NBPTS), or for school psychologists, the certificate of nationally certified school psychologists issued by the National Association of School Psychologists (NASP), and possesses good moral character may be granted a Missouri certificate of license to teach in their area of NBPTS or NASP certification most closely aligned with the current areas of certification approved by the board.

The certificate of license to teach will be an initial student services classification or a career continuous student services classification if the applicant possesses four (4) years of student services experience.

(8) An applicant for an initial Missouri certificate of license to teach who has earned a doctoral degree from an institution of higher education accredited by a regional accreditation agency including, but not limited to, the Higher Learning Commission of the North Central Association of Colleges and Schools (NCA) must comply with the following additional criteria:

(A) The applicant must have completed and provide documentation of a doctoral degree earned in an area of study for which an initial professional certificate (IPC) of license to teach may be issued;

(B) The applicant must achieve a score equal to or in excess of the qualifying score on the pedagogy assessment approved by the department for the specific grade levels as defined in the rules promulgated by the board. The official score report shall be submitted to the department; and (C) The applicant may only be granted an IPC level certificate of license to teach in their major area of study pursuant to the rules promulgated by the board. A career continuous professional level certificate of license to teach will not be issued.

(9) An applicant for an initial Missouri certificate of license to teach in the area of personal finance, banking, or financial responsibility who has earned a bachelor’s degree, or higher degree, from an institution of higher education accredited by a regional accreditation agency including, but not limited to, the Higher Learning Commission of the NCA must comply with the following additional criteria:

(A) The applicant must provide documentation of a valid degree being conferred and achieve a score equal to or in excess of the qualifying score on the assessment designated by the board. The official score report shall be submitted to the (B) Comply with the professional experience requirements specific to the particular content area for which certification is sought as set forth in rules 5 CSR 20-400.500–5 CSR 20-400.700;

(C) The applicant may only be granted an initial career education level of certificate of license to teach in the field of personal finance.

(10) The board may grant additional professional certificates of license to teach to a certificate holder as follows:

(A) The applicant may take the appropriate content knowledge or specialty area exit assessment(s) for certification and must achieve a score equal to or in excess of the qualifying score on the content knowledge or specialty area exit assessment(s) as defined in 5 CSR 20-400.440 and 5 CSR 20-400.500 to 5 CSR 20-400.700;

(B) If the board has not designated a content knowledge or specialty area exit assessment(s) for a particular certification area or grade level or the applicant chooses not to take the appropriate content knowledge or specialty area exit assessment(s), the applicant must meet the specific content area certification requirements found in 5 CSR 20-400.500 to 5 CSR 20-400.700; or (C) Applicants who seek to add a Library Media Specialist K-12 certificate must meet the requirements of (10)(A), above, and must also complete a three- (3-) semester hour course in each of the following areas:

1. Foundations of Librarianship;

2. Library Media Administration;

3. Developing and Managing Collections; and 4. Organizing Information.

(11) Following review by the department the applicant shall be informed of the decision regarding the application for certificate of license to teach.

(12) The holder of a certificate of license to teach shall ensure that the department has their current legal name and address.

(A) A holder of a certificate of license to teach whose name is changed shall notify the department within ninety (90) days of the name change and provide a copy of the appropriate documents verifying the name change.

(B) A holder of a certificate of license to teach whose address has changed shall inform the department of the change within ninety (90) days of the effective date of the change.

(13) Regardless of the certification pathway, any applicant for an initial certification to teach in Elementary Education must demonstrate proficiency in the teaching of reading by passing the State Board of Education-approved Elementary reading exam.

Filed Dec. 10, 2024, effective July 30, 2025. 1990, 1998, 2000, 2003, 2008, 2009, 2011, 2013, 2014, 2018, 2020, 2022, 2024; 168.071, RSMo 1963, amended 1973, 1978, 1984, 1988, 1993, 1998, 2002, 2003, 2011, 2013, 2014;

History

• AUTHORITY: sections 161.092, 168.011, 168.071, 168.081, 168.405, and 168.409, RSMo 2016, and sections 168.021 and 168.400, RSMo Supp. 2024. Original rule filed Oct. 29, 2013, effective May Amended: Filed March 15, 2021, effective Oct. 30, 2021. Amended:

5 CSR 20-400.510 Certification Requirements for Teacher of Early Childhood Education (Birth—Grade 3) a certificate of license to teach Early Childhood Education. {#sec-5-csr-20-400.510 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.510}

(1) An applicant for a Missouri certificate of license to teach Early Childhood Education (Birth—Grade 3) who possesses good moral character may be granted an initial Missouri certificate of license to teach Early Childhood Education (Birth—Grade 3) subject to the certification requirements found in 5 CSR 20-400.500 and the following additional certification requirements specific to Early Childhood Education (Birth— Grade 3):

(A) General Requirements. An applicant for a Missouri 1. The applicant must possess a baccalaureate degree from 2. The applicant must have a recommendation from the 3. The applicant must possess a grade point average to A. A grade point average of 3.00 or higher in professional B. For applicants graduating from a baccalaureate 4. The applicant must achieve a score equal to or in excess 5. The applicant must complete the professional 6. Individuals who completed an educator preparation A. English Composition, two (2) courses, each a minimum B. U.S. History, three (3) semester hours; and C. U.S. Government, three (3) semester hours;

(B) Professional Requirements Effective until August 1, 2025.

1. Content Planning and Delivery. Candidates are prepared A. Curriculum and Instructional Planning;

B. Instructional Strategies and Techniques in Content C. Assessment, Student Data, and Data-Based Decision- D. Strategies for Content Literacy;

E. Critical Thinking and Problem Solving; and F. English Language Learning;

2. Individual Student Needs. Candidates build a robust A. Psychological Development of the Child and B. Psychology/Education of the Exceptional Child;

C. Differentiated Learning;

D. Classroom Management;

E. Cultural Diversity; and F. Educational Psychology;

3. Schools and the Teaching Profession. Candidates fully A. Consultation and Collaboration; and B. Legal/Ethical Aspects of Teaching;

4. Content Knowledge for Teaching and Teaching and Learning Strategies for the Young Child (minimum requirement of thirty (30) semester hours)— A. Early Childhood Principles— (I) Child Development;

(II) Play-Based and Inquiry-Based Learning;

(III) Observing and Assessing Young Children; and (IV) Language Acquisition; and B. Methods of Teaching and Differentiated Instruction in the following integrated areas:

(I) Early Literacy (minimum of six (6) semester hours) to address curriculum, explicit and systematic instruction, and assessment of— (a) Language acquisition;

(b) Phonological and phonemic awareness;

(c) Phonics;

(d) Vocabulary;

(e) Fluency;

(f) Comprehension; and (g) Writing process using authentic text and (II) Math;

(III) Health;

(IV) Science;

(V) Nutrition;

(VI) Social Studies;

(VII) Music;

(VIII) Safety;

(IX) Movement;

(X) Art; and (XI) Drama;

5. Home-School-Community Relations (minimum requirement of six (6) semester hours)— A. Families as Educational Partners;

B. Family Engagement; and C. Linking Families with Community Resources;

6. Program Management (minimum requirement of six (6)

A. Program Administration and Management;

B. Health, Nutrition, and Safety of Young Children; and C. Environmental Organization and Design;

(C) Professional Requirements Effective August 1, 2025.

1. Content Planning and Delivery. Candidates are prepared A. Curriculum and Instructional Planning;

B. Instructional Strategies and Techniques in Content C. Assessment, Student Data, and Data-Based Decision- D. Strategies for Content Literacy;

E. Critical Thinking and Problem Solving; and F. English Language Learning;

2. Individual Student Needs. Candidates build a robust A. Psychological Development of the Child and B. Psychology/Education of the Exceptional Child;

C. Differentiated Learning;

D. Classroom Management;

E. Cultural Diversity; and F. Educational Psychology;

3. Schools and the Teaching Profession. Candidates fully A. Consultation and Collaboration; and B. Legal/Ethical Aspects of Teaching; and 4. Content Knowledge for Teaching and Teaching and Learning Strategies for the Young Child (minimum requirement of thirty (30) semester hours)— A. Early Childhood Principles— (I) Child Development;

(II) Play-Based and Inquiry-Based Learning;

(III) Observing and Assessing Young Children; and (IV) Language Acquisition; and B. Methods of Teaching and Differentiated Instruction in the following integrated areas:

(I) Early Literacy (minimum of six (6) semester hours) to address the following topics:

(a) Phonological and Phonemic Awareness;

(b) Phonics;

(c) Fluency;

(d) Vocabulary;

(e) Reading Comprehension;

(f)

Reading Difficulties;

(g) Literacy Curriculum and Instruction;

(h) Literacy Assessment;

(i) Application of Assessment Data;

(j) Writing Instruction;

(k) Family and Community Literacies and (l) Student Engagement in Literacy;

(II) Math;

(III) Health;

(IV) Science;

(V) Nutrition;

(VI) Social Studies;

(VII) Music;

(VIII) Safety;

(IX) Movement;

(X) Art; and (XI) Drama;

5. Home-School-Community Relations (minimum requirement of six (6) semester hours)— A. Families as Educational Partners;

B. Family Engagement; and C. Linking Families with Community Resources; and 6. Program Management (minimum requirement of six (6)

A. Program Administration and Management;

B. Health, Nutrition, and Safety of Young Children; and C. Environmental Organization and Design; and (D) Field and Clinical Experiences (ten (10) semester hours). professionals in appropriate school settings. Such field and clinical experiences shall meet the minimum hours required in paragraphs (1)(D)1.–2., to include experiences in each of the three (3) different age levels (Infant/Toddler, Pre-K/Kindergarten, and Kindergarten—Grade 3).

1. Early Field Experiences (one (1) semester hour with 2. Mid-Level Experiences (one (1) semester hour with 3. Culminating Clinical Experiences (eight (8) semester 2022.* Original rule filed Oct. 29, 2013, effective May 30, 2014.

Filed Nov. 2, 2020, effective May 30, 2021. Amended: Filed Feb. 10, 2023, effective Sept. 30, 2023. 1990, 1998, 2000, 2003, 2008, 2009, 2011, 2013, 2014, 2018, 2020, 2022; 168.071, RSMo

5 CSR 20-400.520 Certification Requirements for Teacher of Elementary Education (Grades 1-6) for a certificate of license to teach Elementary Education (Grades 1 – 6). {#sec-5-csr-20-400.520 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.520}

(1) An applicant for a Missouri certificate of license to teach Elementary Education (Grades 1-6) who possesses good moral license to teach Elementary Education (Grades 1-6) subject to Elementary Education (Grades 1-6):

(A) General Requirements. An applicant for a Missouri 1. The applicant must possess a baccalaureate degree from 2. The applicant must have a recommendation from the 3. The applicant must possess a grade point average to A. A grade point average of 3.00 or higher in professional B. For applicants graduating from a baccalaureate 4. The applicant must achieve a score equal to or in excess 5. The applicant must complete the professional 6. Individuals who completed an educator preparation A. English Composition, two (2) courses, each a minimum B. U.S. History, three (3) semester hours; and C. U.S. Government, three (3) semester hours;

(B) Professional Requirements Effective until August 1, 2025. A minimum of thirty-six (36) semester hours of professional preparation. Competency must be demonstrated to the satisfaction of the educator preparation program for the 1. Content Planning and Delivery. Candidates are prepared A. Curriculum and Instructional Planning;

B. Instructional Strategies and Techniques in Content C. Assessment, Student Data, and Data-Based Decision- D. Strategies for Content Literacy;

E. Critical Thinking and Problem Solving; and F. English Language Learning;

2. Individual Student Needs. Candidates build a robust A. Psychological Development of the Child and B. Psychology/Education of the Exceptional Child;

C. Differentiated Learning;

D. Classroom Management;

E. Cultural Diversity; and F. Education Psychology;

3. Schools and the Teaching Profession. Candidates fully A. Consultation and Collaboration; and B. Legal/Ethical Aspects of Teaching; and 4. Content Knowledge for Teaching and Teaching and Learning Strategies (minimum requirement of twenty-one (21)

A. At a minimum, the teaching method competencies (I) Elementary Literacy (minimum total of twelve (12) semester hours)—to address curriculum, explicit and systematic instruction, and assessment of— (a) Language acquisition;

(b) Phonological and phonemic awareness;

(c) Phonics;

(d) Vocabulary;

(e) Fluency;

(f) Comprehension; and (g) Writing process using authentic text and (II) Mathematics (minimum of six (6) total semester hours);

(III) Science; and (IV) Social Science; and B. Integration of the following areas:

(I) Art;

(II) Music;

(III) Health and Physical Education; and (IV) Technology in Education;

(C) Professional Requirements Effective August 1, 2025. A minimum of thirty-six (36) semester hours of professional 1. Content Planning and Delivery. Candidates are prepared A. Curriculum and Instructional Planning;

B. Instructional Strategies and Techniques in Content C. Assessment, Student Data, and Data-Based Decision- D. Strategies for Content Literacy;

E. Critical Thinking and Problem Solving; and F. English Language Learning;

2. Individual Student Needs. Candidates build a robust A. Psychological Development of the Child and B. Psychology/Education of the Exceptional Child;

C. Differentiated Learning;

D. Classroom Management;

E. Cultural Diversity; and F. Education Psychology;

3. Schools and the Teaching Profession. Candidates fully A. Consultation and Collaboration; and B. Legal/Ethical Aspects of Teaching; and 4. Content Knowledge for Teaching and Teaching and Learning Strategies (minimum requirement of twenty-one (21)

A. At a minimum, the teaching method competencies (I) Elementary Literacy (minimum total of twelve (12) semester hours)—to address the following topics:

(a) Phonological and phonemic awareness;

(b) Phonics;

(c) Fluency;

(d) Vocabulary;

(e) Reading Comprehension;

(f) Reading Difficulties;

(g) Literacy Curriculum and Instruction;

(h) Literacy Assessment;

(i) Application of Assessment Data;

(j) Writing Instruction;

(k) Family and Community Literacies and (l) Student Engagement in Literacy;

(II) Mathematics (minimum of six (6) total semester hours);

(III) Science; and (IV) Social Science; and B. Integration of the following areas:

(I) Art;

(II) Music;

(III) Health and Physical Education; and (IV) Technology in Education; and (D) Field and Clinical Experiences (ten (10) semester hours).

1. Early Field Experiences (one (1) semester hour with a 2. Mid-Level Field Experiences (one (1) semester hour 3. Culminating Clinical Experiences (eight (8) semester 2022.* Original rule filed Oct. 29, 2013, effective May 30, 2014.

Filed Nov. 2, 2020, effective May 30, 2021. Amended: Filed Feb. 10, 2023, effective Sept. 30, 2023. 1990, 1998, 2000, 2003, 2008, 2009, 2011, 2013, 2014, 2018, 2020, 2022; 168.071, RSMo

5 CSR 20-400.530 Certification Requirements for a Teacher of Middle School Education (Grades 5–9) a certificate of license to teach Middle School Education. {#sec-5-csr-20-400.530 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.530}

(1) An applicant for a Missouri certificate of license to teach Middle School Education who possesses good moral character may be granted an initial Missouri certificate of license to teach Middle School Education subject to the certification additional certification requirements specific to Middle School Education:

(A) General Requirements. An applicant for a Missouri 1. The applicant must possess a baccalaureate degree from 2. The applicant must have a recommendation from the 3. The applicant must possess a grade point average of 2.5 4. The applicant must achieve a score equal to or in excess 5. The applicant must complete the professional 6. Individuals who completed an educator preparation A. English Composition, two (2) courses, each a minimum B. U.S. History, three (3) semester hours; and C. U.S. Government, three (3) semester hours;

(B) Professional Requirements Effective until August 1, 2025.

A minimum of forty-five (45) semester hours in professional education. Competency must be demonstrated in the following areas listed to the satisfaction of the educator preparation provider:

1. Content Planning and Delivery. Candidates are prepared A. Curriculum and Instructional Planning;

B. Instructional Strategies and Techniques in Content C. Assessment, Student Data, and Data-Based Decision D. Strategies for Content Literacy;

E. Critical Thinking and Problem Solving; and F. English Language Learning;

2. Individual Student Needs. Candidates build a robust A. Psychological Development of the Child and Adoles ent;

B. Psychology/Education of the Exceptional Child;

C. Differentiated Learning;

D. Classroom Management;

E. Cultural Diversity; and F. Educational Psychology;

3. Schools and the Teaching Profession. Candidates fully A. Consultation and Collaboration;

B. Legal/Ethical Aspects of Teaching; and C. Middle School Philosophy and Organization;

4. Middle School Literacy (minimum of six (6) semester hours) to include coursework in methods of teaching reading and writing in the content area, and to include instructional interventions for students with reading deficits; and 5. Content Knowledge for Teaching (minimum requirement of twenty-four (24) semester hours). Subject area certification in grades five through nine (5-9) will be granted upon the

basis of a minimum of twenty-four (24) semester hours with appropriate distribution as determined by the educator preparation provider and/or the department, in one (1) of the A. Agricultural Education (5-9);

B. Business Education (5-9);

C. Technology and Engineering (5-9);

D. Language Arts (5-9);

E. Mathematics (5-9);

F. Science (5-9);

G. Social Science (5-9);

H. Speech/Theatre (5-9); and I. Computer Science (5-9), to include the following com petencies:

(I) Apply computer science and computational think ing skills in adapt able and effective ways;

(II) Examine and use different computing devices by understanding their hardware and software, and how simplified models (abstractions) affect their use. Explore how these devices use logic to input, process, store, and output data, and apply problem-solving methods to fix system issues;

(III) Show how computing devices share and organize data through networks and the internet and examine security measures and protocols while considering the balance between safety and ease of use;

(IV) Gather and organize digital data in the right formats, use tools to visualize and process it, create models to identify patterns, understand real-world situations, and make predictions based on improved ideas;

(V) Create, test, and improve programs by developing step-by-step solutions, using variables and control structures, writing reusable code, following organized development practices, and using appropriate programming languages and tools to write, debug, and refine programs; and (VI) Examine how computing systems affect human behavior, culture, fairness, and social interactions, and evalu a te the positive and negative impacts of technology on society, considering safety, laws, and ethical issues.

(C) Professional Requirements Effective August 1, 2025. A minimum of forty-five (45) semester hours in professional education. Competency must be demonstrated in the following areas to the satisfaction of the educator preparation program:

1. Content Planning and Delivery. Candidates are prepared A. Curriculum and Instructional Planning;

B. Instructional Strategies and Techniques in Content C. Assessment, Student Data, and Data-Based Decision- D. Strategies for Content Literacy;

E. Critical Thinking and Problem Solving; and F. English Language Learning;

2. Individual Student Needs. Candidates build a robust A. Psychological Development of th e Child and B. Psychology/Education of the Exceptional Child;

C. Differentiated Learning;

D. Classroom Management;

E. Cultural Diversity; and F. Educational Psychology;

3. Schools and the Teaching Profession. Candidates fully A. Consultation and Collaboration;

B. Legal/Ethical Aspects of Teaching; and C. Middle School Philosophy and Organization;

4. Middle School Literacy (minimum of six (6) semester hours). Candidates demonstrate the skills and knowledge necessary to support the development of student literacy. At a minimum, coursework must address the following topics:

A. The core components of reading, including phonemic awareness, phonics, fluency, comprehension, morphology, syntax, and vocabulary;

B. Oral and written language development;

C. Identification of reading deficiencies, dyslexia, and other language difficulties;

D. The selection and use of reading curricula and instructional materials;

E. The administration and interpretation of assessments;

F. The translation of assessment results into effective practice in the classroom specific to the needs of students; and G. Methods of teaching reading and writing in the content area; and 5. Content Knowledge for Teaching (minimum requirement of twenty-four (24) semester hours). Subject area certification in grades five through nine (5-9) will be granted upon the

basis of a minimum of twenty-four (24) semester hours with appropriate distribution as determined by the educator preparation program and/or the department, in one (1) of the A. Agricultural Education (5-9);

B. Business Education (5-9);

C. Technology and Engineering (5-9);

D. Language Arts (5-9);

E. Mathematics (5-9);

F. Science (5-9);

G. Social Science (5-9); and H. Speech/Theatre (5-9); and (D) Field and Clinical Experiences (ten (10) semester hours).

1. Early Field Experiences (one (1) semester hour with a 2. Mid-Level Field Experiences (one (1) semester hour 3. Culminating Clinical Experiences (eight (8) semester Amended: Filed Feb. 10, 2023, effective Sept. 30, 2023. Amended:

Filed Dec. 10, 2024, effective July 30, 2025. Amended: Filed June 13, 2025, effective Jan. 30, 2026. 1990, 1998, 2000, 2003, 2008, 2009, 2011, 2013, 2014, 2018, 2020, 2022, 2024, 2025; 168.071, RSMo 1963, amended 1973, 1978, 1984, 1988, 1993, 1998, 2002, 2003, 2011,

5 CSR 20-400.540 Certification Requirements for Teacher of Secondary Education (Grades 9–12) a certificate of license to teach Secondary Education. {#sec-5-csr-20-400.540 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.540}

(1) An applicant for a Missouri certificate of license to teach Secondary Education who possesses good moral character may Secondary Education subject to the certification requirements certification requirements specific to Secondary Education:

(A) General Requirements— 1. A baccalaureate degree from a college or university 2. The applicant must have a recommendation from the 3. The applicant must possess a grade point average of 2.5 4. The applicant must achieve a score equal to or in excess 5. The applicant must complete the professional require ts as determined by the recommending educator prepa r ation program, which may exceed these minimum require ments; and 6. Individuals who completed an educator preparation program outside of the United States shall provide documentation of c ompletion of coursework in the following:

A. English Composition, two (2) courses, each a minimum B. U.S. History, three (3) semester hours; and C. U.S. Government, three (3) semester hours;

(B) Professional Requirements Effective until August 1, 2025.

A minimum requirement of thirty-six (36) semester hours in professional education. Competency must be demonstrated in the following topics to the satisfaction of the educator preparation institution:

1. Content Planning and Delivery. Candidates are prepared A. Curriculum and Instructional Planning;

B. Instructional Strategies and Techniques in Content C. Assessment, Student Data, and Data-Based Decision- D. Strategies for Content Literacy;

E. Critical Thinking and Problem Solving; and F. English Language Learning;

2. Individual Student Needs. Candidates build a robust A. Psychological Development of the Child and B. Psychology/Education of the Exceptional Child;

C. Differentiated Learning;

D. Classroom Management;

E. Cultural Diversity; and F. Educational Psychology;

3. Schools and the Teaching Profession. Candidates fully A. Consultation and Collaboration; and B. Legal/Ethical Aspects of Teaching; and 4. Secondary Literacy (minimum of six (6) semester hours), to include coursework specific to teaching reading and writing in the content area for which certification is sought, and to include instructional interventions for students with reading deficits;

(C) Professional Requirements Effective August 1, 2025. A minimum requirement of thirty-six (36) semester hours in professional education. Competency must be demonstrated in the following topics to the satisfaction of the educator preparation institution:

1. Content Planning and Delivery. Candidates are prepared A. Curriculum and Instructional Planning;

B. Instructional Strategies and Techniques in Content C. Assessment, Student Data, and Data-Based Decision- D. Strategies for Content Literacy;

E. Critical Thinking and Problem Solving; and F. English Language Learning;

2. Individual Student Needs. Candidates build a robust A. Psychological Development of the Child and B. Psychology/Education of the Exceptional Child;

C. Differentiated Learning;

D. Classroom Management;

E. Cultural Diversity; and F. Educational Psychology;

3. Schools and the Teaching Profession. Candidates fully A. Consultation and Collaboration; and B. Legal/Ethical Aspects of Teaching; and 4. Secondary Literacy (minimum of six (6) semester hours).

Candidates demonstrate the skills and knowledge necessary to support the development of student literacy. At a minimum, coursework must address the following topics:

A. The core components of reading, including phonemic awareness, phonics, fluency, comprehension, morphology, syntax, and vocabulary;

B. Oral and written language development;

C. Identification of reading deficiencies, dyslexia, and other language difficulties;

D. The selection and use of reading curricula and instructional materials;

E. The administration and interpretation of assessments;

F. The translation of assessment results into effective practice in the classroom specific to the needs of students; and G. Methods of teaching reading and writing in the content area; and (D) Field and Clinical Experiences (ten (10) semester hours).

1. Early Field Experiences (one (1) semester hour with a 2. Mid-Level Field Experiences (one (1) semester hour 3. Culminating Clinical Experiences (eight (8) semester hours with a minimum of twelve (12) weeks in one (1) placement). The culminating experience refers to placements typically in the final sequence leading up to and including student teaching. Candidates actively participate and complete under the supervision of the classroom teacher, and have the opportunity and responsibility to lead the class over an extended period of time.

(2) In addition to the requirements specified in subsections (1) license to teach Agriculture may be granted an initial Missouri certificate of license to teach Agriculture subject to completion of at least fifty-three (53) semester hours in the following (A) A minimum of forty-five (45) semester hours shall be completed from paragraphs (2)(A)1.–7.— 1. Animal Science, minimum of three (3) semester hours;

2. Agronomy, minimum of three (3) semester hours;

3. Agricultural Business, minimum of three (3) semester 4. Agricultural Economics, minimum of three (3) semester 5. Agricultural Mechanics, minimum of three (3) semester 6. Horticulture, minimum of three (3) semester hours; and 7. Electives (27 semester hours) Must include twelve (12) semester hours from sections 1.–6. and fifteen (15) semester hours of other agriculture-related coursework; and (B) A minimum of eight (8) semester hours shall be completed from paragraphs (2)(B)1.–7.— 1. Methods of Teaching Vocational Agriculture;

4. Program Planning;

5. Developing and Supervising Occupational Experience Programs— A. Ownership (Entrepreneurship); and B. Placement;

6. Developing and Using Instruction Materials and Teaching Aids;

7. Supervising Student Organizations;

8. Teaching Agriculture Mechanics; and 7. Planning and Conducting Adult Programs for Young and Adult Farmers.

(3) In addition to the requirements specified in subsections (1) license to teach Business may be granted an initial Missouri certificate of license to teach Business subject to completion of at least thirty-nine (39) semester hours in the following content (A) Accounting, six (6) semester hours;

(B) Economics, six (6) semester hours;

(C) Business/Consumer Related Law, three (3) semester hours;

(D) Business Communications, three (3) semester hours;

(E) Management, three (3) semester hours;

(F) Marketing, three (3) semester hours;

(G) Computer/Emerging Technology, six (6) semester hours;

(H) Electives, three (3) semester hours; and (I) Administration of Business and Marketing Education Programs, three (3) semester hours.

(4) In addition to the requirements specified in subsections (1) license to teach Driver Education who is certified in another elementary, middle school, or secondary teaching field may Driver Education subject to completion of at least twelve (12) semester hours in the following content knowledge areas and demonstration of competency to the satisfaction of the (A) Introduction to Safety Education, three (3) semester (B) Driver Task Analysis, three (3) semester hours;

(C) Developing Vehicle Operation Skills and Competencies, three (3) semester hours; and (D) Developing Classroom Knowledge, three (3) semester (5) In addition to the requirements specified in subsections license to teach English may be granted an initial Missouri certificate of license to teach English subject to completion of at least thirty-three (33) semester hours in the following (A) Composition and Rhetoric (to include a course in the teaching of writing), twelve (12) semester hours;

(B) Study of the English Language (to include modern grammar, history of the language, and/or dialects), six (6)

(C) American Literature (to include at least one (1) major unit or module in literature for adolescents and one (1) in literature of ethnic groups), six (6) semester hours;

(D) English and/or World Literature, six (6) semester hours;

(E) Elective English Credits, three (3) semester hours.

(6) In addition to the requirements specified in subsections license to teach Journalism may be granted an initial Missouri certificate of license to teach Journalism subject to completion of at least thirty-three (33) semester hours in the following (A) News Writing and Reporting, six (6) semester hours;

(B) Editing, three (3) semester hours;

(C) Communications Law, three (3) semester hours;

(D) Mass Communications Theory, three (3) semester hours;

(E) Scholastic Publications, three (3) semester hours; and (F) Electives—Photography, Graphics, Advertising, Broadcasting, History of Journalism, Mass Media and Society, News Media Experience, and other related areas, fifteen (15) semester hours— 1. News media experience (e.g., professional news media, college publications, etc.) must be included in the program on a credit or noncredit basis.

(7) In addition to the requirements specified in subsections (1) license to teach Marketing may be granted an initial Missouri certificate of license to teach Marketing subject to completion of at least thirty-six (36) semester hours in the following (A) Management or Business Administration, three (3)

(B) Economics, six (6) semester hours;

(C) Electives from Business, Management, or Entrepreneurship, nine (9) semester hours;

(D) Marketing (suggested areas: Distribution, Financing, Marketing-Information Management, Promotion, Selling, Product/Service Management, International Marketing, and E-commerce Marketing), fifteen (15) semester hours; and (E) Coordination of Cooperative Education, three (3) semester (8) In addition to the requirements specified in subsections license to teach Mathematics must also— (A) Be in possession of a baccalaureate or higher degree, from a regionally accredited college or university, in Mathematics; or (B) Have completed at least thirty-three (33) semester hours in mathematics-related coursework, with at least twentyfour (24) hours addressing all of the following six (6) areas, with demonstration of competency to the satisfaction of the 1. Algebra;

2. Geometry;

3. Trigonometry;

4. Pre-Calculus;

5. Calculus; and 6. Statistics.

(9) In addition to the requirements specified in subsections license to teach Biology may be granted an initial Missouri certificate of license to teach Biology subject to completion of at least thirty-five (35) semester hours in the following content (A) History/Philosophy of Science and Technology, three (3)

(B) A minimum of twenty (20) hours in Biology, which must include— 1. Cell Biology;

2. Plant Form and Function;

3. Animal Form and Function;

4. Genetics;

5. Evolution; and 6. Biology Electives; and (C) A minimum of twelve (12) additional hours in Science, 1. Chemistry;

6. Physics;

7. Earth Science; and 4. Environmental Science.

(10) In addition to the requirements specified in subsections license to teach Chemistry may be granted an initial Missouri certificate of license to teach Chemistry subject to completion of at least thirty-five (35) semester hours in the following (A) History/Philosophy of Science and Technology, three (3)

(B) A minimum of twenty (20) hours in Chemistry, which must include— 1. Inorganic Chemistry;

2. Analytical Chemistry;

3. Organic Chemistry;

4. Physical Chemistry;

5. Biochemistry; and 6. Chemistry Electives; and (C) A minimum of twelve (12) additional hours in Science, 1. Biology;

6. Physics;

7. Earth Science; and 4. Environmental Science.

(11) In addition to the requirements specified in subsections of license to teach Earth Science may be granted an initial Missouri certificate of license to teach Earth Science subject to completion of at least thirty-five (35) semester hours in the following content knowledge areas and demonstration of (A) History/Philosophy of Science and Technology, three (3)

(B) A minimum of twenty (20) hours in Earth Science, which must include— 1. Astronomy;

2. Meteorology;

3. Geology/Physical Geography; and 4. Earth Science Electives; and (C) A minimum of twelve (12) additional hours in Science, 1. Chemistry;

4. Biology;

5. Physics; and 4. Environmental Science.

(12) In addition to the requirements specified in subsections license to teach Physics may be granted an initial Missouri certificate of license to teach Physics subject to completion of at least thirty-five (35) semester hours in the following content (A) History/Philosophy of Science and Technology, three (3)

(B) A minimum of twenty (20) hours in Physics, which must include— 1. Mechanics;

2. Electricity and Magnetism;

3. Heat, Sound, and Light;

4. Atomic or Modern Physics; and 5. Physics Electives; and (C) A minimum of twelve (12) additional hours in Science, 1. Chemistry;

5. Biology;

6. Earth Science; and 4. Environmental Science.

(13) In addition to the requirements specified in subsections of license to teach Social Science may be granted an initial Missouri certificate of license to teach Social Science subject to completion of at least thirty-nine (39) semester hours in the following content knowledge areas and demonstration (A) U.S. History, twelve (12) semester hours;

(B) World History, nine (9) semester hours;

(C) Political Science (State and U.S. Government), six (6)

(D) Economics, three (3) semester hours;

(E) Geography, three (3) semester hours; and (F) Behavioral Science (Sociology, Anthropology, or Psychology), six (6) semester hours.

(14) In addition to the requirements specified in subsections license to teach Speech and Theatre may be granted an initial Missouri certificate of license to teach Speech and Theatre subject to completion of at least thirty (30) semester hours in the following content knowledge areas and demonstration of (A) Speech, twelve (12) semester hours (must include three (3) semester hours of debate);

(B) Theatre, twelve (12) semester hours; and (C) Electives (from Speech, Theatre, and/or Mass Communications), six (6) semester hours.

(15) In addition to the requirements specified in subsections license to teach Technology and Engineering may be granted an initial Missouri certificate of license to teach Technology and Engineering subject to completion of at least thirty-six (36) semester hours in the following content knowledge areas and demonstration of competency to the satisfaction of the (A) Communication Technology, six (6) semester hours;

(B) Energy and Power, six (6) semester hours;

(C) Materials and Processes Technology, six (6) semester (D) Organization and Administration, six (6) semester hours;

(E) Electives, twelve (12) semester hours.

(16) As of July 1, 2025, in addition to the requirements specified in subsections (1)(A)–(C) of this rule, an applicant for a Missouri certificate of license to teach General Science may be granted an initial Missouri certificate of license to teach General Science subject to completion of at least thirty-five (35) semester hours in the following content knowledge areas and demonstration provider:

(A) History/Philosophy of Science and Technology, three (3) semester hours; and (B) A minimum of thirty-two (32) hours in General Science, which must include— 1. Chemistry;

2. Biology;

3. Physics;

4. Earth Science;

5. Astronomy; and 6. Environmental Science.

(17) In addition to the requirements specified in subsections license to teach Computer Science (Grades 9-12) must either 1) have been awarded a baccalaureate or higher degree in Computer Science (or a closely related field) by a college or university that has been accredited by a U.S. Department of Education recognized accrediting agency, or 2) have completed at least thirty (30) hours in coursework in Computer Science and demonstrated, to the satisfaction of the educator preparation provider, mastery of the following competencies:

(A) Take actions to foster an inclusive computing culture;

(B) Collaborate with others around computing tasks;

(C) Communicate effectively and appropriately around com puting;

(D)

Recognize and define computational problems;

(E) Develop and use abstractions to address computing challenges;

(F) Create, test, and refine computational artifacts;

(G) Demonstrate an understanding of the function of various hardware and software components;

(H) Explain how abstractions impact implementation and use of hardware and software components;

(I) Evaluate how these components use logic and interact to input, process, store, and output information, and apply systematic troubleshooting strategies to diagnose and resolve system problems;

(J) Model how computing devices communicate and orga nize da ta through networks and the internet;

(K) Analyze cybersecurity measures and protocols while balancing security requirements with system usability;

(L) Collect and store digital data using appropriate formats and structures;

(M) Apply visualization and transformation techniques to process data;

(N) Develop representative models to analyze patterns, un derst and real-world phenomena, and generate accurate pre dictions based on r efined hypotheses;

(O) Design, implement, and analyze programs through an iterative process by developing algorithms, using variables and control structures, creating modular code, and applying systematic program development practices (e.g., generalizable patterns, Application Programming Interfaces libraries, integrated development environments, etc.) while using appropriate programming languages and technologies to code, debug, and review solutions;

(P) Analyze how computing systems influence human behav iors, cultural norms, equity and access, and social interactions;

(Q) Evaluate computing’s societal impacts through the lenses of safety, legal frameworks, and ethical considerations, examining both beneficial and detrimental effects on society. 30, 2014. Amended: Filed Jan. 15, 2019, effective Aug. 30, 2019.

Amended: Filed Nov. 2, 2020, effective May 30, 2021. Amended:

Filed Aug. 27, 2021, effective March 30, 2022. Amended: Filed Feb. 10, 2023, effective Sept. 30, 2023. Amended: Filed March 11, 2024, effective Oct. 30, 2024. Amended: Filed Dec. 10, 2024, effective July 30, 2025. Amended: Filed June 13, 2025, effective Jan. 30, 2026. 1990, 1998, 2000, 2003, 2008, 2009, 2011, 2013, 2014, 2018, 2020, 2022, 2024, 2025; 168.071, RSMo 1963, amended 1973, 1978, 1984, 1988, 1993, 1998, 2002, 2003, 2011,

5 CSR 20-400.550 Certification Requirements for Teacher of K-12 Education a certificate of license to teach K-12 Education. {#sec-5-csr-20-400.550 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.550}

(1) An applicant for a Missouri certificate of license to teach K-12 Education who possesses good moral character may be granted an initial Missouri certificate of license to teach K-12 requirements specific to K-12 Education:

(A) General Requirements— 1. A baccalaureate degree from a college or university 2. The applicant must have a recommendation from the 3. The applicant must possess a grade point average of 2.5 4. The applicant must achieve a score equal to or in excess 5. The applicant must complete the professional requirements as determined by the recommending educator preparation program, which may exceed these minimum requirements; and 6. Individuals who completed an educator preparation A. English Composition, two (2) courses, each a minimum B. U.S. History, three (3) semester hours; and C. U.S. Government, three (3) semester hours;

(B) Professional Requirements. A minimum requirement of twenty-six (26) semester hours in professional education.

Competency must be demonstrated in the following topics listed to the satisfaction of the educator preparation institution:

1. Content Planning and Delivery. Candidates are prepared A. Curriculum and Instructional Planning;

B. Instructional Strategies and Techniques in Content C. Assessment, Student Data, and Data-Based Decision- D. Strategies for Content Literacy;

E. Critical Thinking and Problem Solving; and F. English Language Learning;

2. Individual Student Needs. Candidates build a robust A. Psychological Development of the Child and B. Psychology/Education of the Exceptional Child;

C. Differentiated Learning;

D. Classroom Management;

E. Cultural Diversity; and F. Educational Psychology;

3. Schools and the Teaching Profession. Candidates fully A. Consultation and Collaboration; and B. Legal/Ethical Aspects of Teaching; and 4. Literacy (minimum of three (3) semester hours) to include coursework in methods of teaching reading and writing in the content area for which certification is sought.

4. Field and Clinical Experiences (ten (10) semester hours). professionals in appropriate school settings. Such field and clinical experiences shall include experiences at both the elementary and the secondary level.

A. Early Field Experiences (one (1) semester hour with a B. Mid-Level Field Experiences (one (1) semester hour C. Culminating Clinical Experiences (eight (8) semester (2) In addition to the requirements specified in subsections of license to teach Art may be granted an initial Missouri certificate of license to teach Art subject to completion of at least thirty (30) semester hours in the following content (A) Design—Composition, three (3) semester hours;

(B) Drawing, three (3) semester hours;

(C) Painting, three (3) semester hours;

(D) Graphics (such as Printmaking, Photography, and Serigraphy), three (3) semester hours;

(E) Ceramics, three (3) semester hours;

(F) Sculpture, three (3) semester hours;

(G) Fibers (such as Weaving, Macramé, and Fiber Sculpture), three (3) semester hours;

(H) History, Theory, Criticism in the Visual Arts, three (3)

(I) Instructional Techniques for Art K-12, three (3) semester (J) Electives, three (3) semester hours.

(3) In addition to the requirements specified in subsections of license to teach Dance may be granted an initial Missouri certificate of license to teach Dance subject to completion of at least thirty (30) semester hours in the following content (A) Ballet Technique, six (6) semester hours;

(B) Contemporary Technique, six (6) semester hours;

(C) Other Techniques, to include Tap, Jazz, Yoga, Folk, Ballroom, six (6) semester hours;

(D) Dance Theory, three (3) semester hours;

(E) Dance Composition, three (3) semester hours; and (F) Elective from paragraphs 1-4 below, six (6) hours:

1. Anatomy and Kinesiology;

2. Ethnology (dance in other cultures);

3. Music for Dance; or 4. Somatics (body-mind techniques).

(4) In addition to the requirements specified in subsections (1) license to teach Family and Consumer Sciences may be granted an initial Missouri certificate of license to teach Family and Consumer Sciences subject to completion of at least thirtythree (33) semester hours in the following content knowledge areas and demonstration of competency to the satisfaction of the educator preparation institution:

(A) Program Development and Professional Practice, two (2)

(B ) Career and Technical Student Organizations, one (1 ) semester hour;

(C) Nutrition, Health, and Wellness (including Health Issues and Concepts as well as Scientific Principles Related to Food Preparation), six (6) semester hours;

(D) Family and Consumer Resource Management, twelve (12) semester hours (including three (3) semester hours each in Personal Finance; Family and Consumer Resource Management;

Housing and Environment; and Textiles, Apparel, and Fashion);

(E) Human Development and Parenting, six (6) semester (F) Family and Interpersonal Relationships, six (6) semester (5) In addition to the requirements specified in subsections license to teach World Languages may be granted an initial Missouri certificate of license to teach World Languages subject to completion of at least thirty (30) semester hours in the language to be taught, or twenty-seven (27) semester hours plus two (2) or more earned units of high school credit in that language. Additionally, the applicant must complete a minimum of fifteen (15) semester hours in upper-level courses with no more than six (6) of those semester hours in history/ culture and demonstrate competency to the satisfaction of the educator preparation institution.

(6) In addition to the requirements specified in subsections of license to teach Health may be granted an initial Missouri certificate of license to teach Health subject to completion of at least thirty-six (36) semester hours in the following content (A) Human Anatomy-Physiology, three (3) semester hours;

(B) Nutrition, three (3) semester hours;

(C) Drug Education, three (3) semester hours;

(D) Personal Health, three (3) semester hours;

(E) Mental Health, three (3) semester hours;

(F) Family Life/Sex Education, three (3) semester hours;

(G) Safety and First Aid, three (3) semester hours;

(H) Community Health, three (3) semester hours;

(I) Instructional Techniques in Health K-12, three (3) semester (J) Electives in Health, nine (9) semester hours.

(7) In addition to the requirements specified in subsections (1) license for Library Media Specialist may be granted an initial Missouri certificate of license for Library Media Specialist subject to completion of at least thirty (30) semester hours in the following content knowledge areas and demonstration of (A) Content Knowledge for Teaching— 1. Foundations of Librarianship, three (3) semester hours;

2. Library Media Administration, three (3) semester hours;

3. Developing and Managing Collections, three (3) semester 4. Organizing Information, three (3) semester hours;

4. Reference Sources and Services, three (3) semester hours;

5. Action Research in School Libraries, three (3) semester 7. Children’s, Adolescent, or Young Adult Literature, three (3) semester hours;

6. Library Systems and Information Technologies, three (3) semester hours; and 9. Curriculum and the Media Center, three (3) semester (B) Field and Clinical Experiences (three (3) semester hours)— 1. Culminating Clinical Experiences. This librarian internship builds upon the classroom experiences and provides the intern an opportunity to lead and direct specific activities.

The intern is an active participant in the daily operations of the library media center including working with students, faculty, staff, and stakeholders while under the supervision of an on-site supervisor. The clinical experience should include collaborating with other educators to support student learning.

(8) In addition to the requirements specified in subsections of license to teach Music may be granted an initial Missouri certificate of license to teach Music subject to completion of at least forty-five (45) semester hours in the following content (A) For applicants for a Missouri license to teach Vocal Music— 1. Music Theory, History, and Choral Arranging, fifteen (15)

2. Piano (or proficiency) and Applied Voice, nine (9)

3. Choral Conducting, Techniques, and Literature, twelve (12) semester hours;

4. Choral Ensemble, three (3) semester hours; and 5. Methods/Techniques of Teaching Pre-K/Elementary, and Middle School/Secondary Music, six (6) semester hours;

(B) For applicants for a Missouri license to teach Instrumental Music— 1. Music Theory, History, and Instrumentation/Arranging, fifteen (15) semester hours;

2. Piano (or proficiency) and Applied Major Instrument, nine (9) semester hours;

3. Instrumental Conducting, Techniques, and Literature, twelve (12) semester hours;

4. Instrumental Ensemble, three (3) semester hours; and 5. Methods/Techniques of Teaching Pre-K/Elementary, and Middle School/Secondary Music, six (6) semester hours.

(9) In addition to the requirements specified in subsections license to teach Physical Education may be granted an initial Missouri certificate of license to teach Physical Education subject to completion of at least fifty-one (51) semester hours in the following content knowledge areas and demonstration (A) History and Philosophy, three (3) semester hours;

(B) Anatomy-Physiology, three (3) semester hours;

(C) Kinesiology, three (3) semester hours;

(D) Physiology of Exercise, three (3) semester hours;

(E) Assessment in Physical Education, three (3) semester (F) Health Related Fitness/Wellness, three (3) semester hours;

(G) Lifetime Activities and Dance, three (3) semester hours;

(H) Adapted Physical Education, three (3) semester hours;

(I) Psychological/Sociological Aspects of Physical Education, three (3) semester hours;

(J) Motor Development/Motor Learning, three (3) semester (K) First Aid, CPR, and Care of Activity/Sport Injuries, six (6)

(L) Movement and Rhythms, three (3) semester hours;

(M) Team/Individual Sports Instruction, three (3) semester (N) Instructional Techniques in Physical Education K-12, six (6) semester hours; and (O) Nutrition, three (3) semester hours.

History

• AUTHORITY: sections 161.092, 168.011, 168.071, 168.081, 168.405, and 168.409, RSMo 2016, and sections 168.021 and 168.400, RSMo Supp. 2024. Original rule filed Oct. 29, 2013, effective May Amended: Filed Dec. 10, 2024, effective July 30, 2025. 1990, 1998, 2000, 2003, 2008, 2009, 2011, 2013, 2014, 2018, 2020, 2022, 2024; 168.071, RSMo 1963, amended 1973, 1978, 1984, 1988, 1993, 1998, 2002, 2003, 2011, 2013, 2014;

5 CSR 20-400.560 Certification Requirements for Teacher of Special Education a certificate of license to teach Special Education. {#sec-5-csr-20-400.560 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.560}

(1) An applicant for a Missouri certificate of license to teach Special Education who possesses good moral character may be granted an initial Missouri certificate of license to teach Special requirements specific to Special Education:

(A) General Requirements— 1. A baccalaureate degree from a college or university 2. The applicant must have a recommendation from the 3. The applicant must possess a grade point average to A. A grade point average of 3.00 or higher in professional B. For applicants graduating from a baccalaureate 4. The applicant must achieve a score equal to or in excess 5. The applicant must complete the professional 6. Individuals who completed an educator preparation A. English Composition, two (2) courses, each a minimum B. U.S. History, three (3) semester hours; and C. U.S. Government, three (3) semester hours.

(2) An applicant for a Missouri certificate to teach Blind and Low Vision (Birth – Grade 12) students who possess a baccalaureate degree from a college or university having an educator preparation program approved by the department or from a approved by the state agency in states other than Missouri may Blind and Low Vision (Birth – Grade 12) students subject to the following additional certification requirements:

(A) Professional Requirements. A minimum of sixty (60) institution for each topic listed.

1. Content Planning and Delivery. Candidates are prepared among curriculum, instruction, and assessment — A. Curriculum and Instructional Planning;

B. Instructional Strategies and Techniques in Content C. Assessment, Student Data, and Data-Based Decision- D. Strategies for Content Literacy;

E. Critical Thinking and Problem Solving;

F. English Language Learning;

G. Evaluation of Abilities and Achievement (instruction evidence-based instruction); and H. Transition Processes, including Career Education or Career Readiness.

2. Individual Student Needs. Candidates build a robust A. Psychological Development of th e Child and B. Psychology/Education of the Exceptional Child;

C. Differentiated Learning;

D. Classroom Management;

E. Behavior Intervention Strategies;

F. Cultural Diversity;

G. Anatomy, Physiology, and Diseases of the Eye;

H. Language Development of the Exceptional Child;

I. Orientation and Mobility Training;

J. Educational Psychology;

K. Conservation and Use of Limited Vision; and L. Visual Aids and Appliance Usage.

3. Schools and the Teaching Profession. Candidates fully A. Consultation and Collaboration;

B. Legal/Ethical Aspects of Teaching;

C. Tiered Systems for Supporting Instruction and D. Families as Educational Partners;

E. Family Engagement;

F. Linking Families with Resources; and G. Individualized Education Plans and the Special Education Process;

4. Teaching and Learning Strategies— A. Literacy (three (3) courses required, minimum total of nine (9) semester hours) to include coursework in reading and B. Reading and Writing Braille;

C. Children’s Literature;

D. Language Arts;

E. Science;

F. Social Science;

G. Instructional and Assistive Technology; and H. Mathematics (two (2) courses required, minimum of six (6) total semester hours) to include instructional interventions (B) Field and Clinical Experiences (minimum requirement of 1. Early Field Experiences (one (1) semester hour with 2. Mid-Level Experiences (one (1) semester hour with 3. Culminating Clinical Experiences (eight (8) semester (3) An applicant for a Missouri certificate to teach Deaf and Hard of Hearing (Birth – Grade 12) students who possesses a baccalaureate degree from a college or university having a educator preparation program approved by the department or from a college or university having an educator preparation program approved by the state agency in states other than license to teach Deaf and Hard of Hearing (Birth – Grade 12) students subject to the certification requirements found in (A) Professional Requirements. A minimum of sixty (60) institution for each topic listed.

1. Content Planning and Delivery. Candidates are prepared A. Curriculum and Instructional Planning;

B. Instructional Strategies and Techniques in Content C. Assessment, Student Data, and Data-Based Decision- D. Strategies for Content Literacy;

E. Critical Thinking and Problem Solving;

F. English Language Learning;

G. Evaluation of Abilities and Achievement (instruction evidence-based instruction); and H. Transition Processes, including Career Education or Career Readiness.

2. Individual Student Needs. Candidates build a robust A. Psychological Development of the Child and B. Psychology/Education of the Exceptional Child;

C. Differentiated Learning;

D. Classroom Management;

E. Behavior Intervention Strategies;

F. Cultural Diversity;

G. Educational Psychology;

H. Psychology of Deafness;

I. Language Development of the Exceptional Child;

J. Aural Rehabilitation;

K. Amplification Systems;

L. Audiology;

M. Anatomy and Physiology of Auditory and Speech Mechanisms; and N. Manual Communications.

3. Schools and the Teaching Profession. Candidates fully A. Consultation and Collaboration;

B. Legal/Ethical Aspects of Teaching;

C. Tiered Systems for Supporting Instruction and D. Families as Educational Partners;

E. Family Engagement;

F. Linking Families with Resources; and G. Individualized Education Plans and the Special 4. Teaching and Learning Strategies— A. Literacy (three (3) courses required, minimum total of nine (9) semester hours). To include coursework in reading and B. Teaching and Facilitating Language;

C. Teaching Speech to Students Who Are Deaf;

D. Children’s Literature;

E. Language Arts;

F. Science;

G. Social Science;

H. Instructive and Assistive Technology; and I. Mathematics (two (2) courses required, minimum of six (6) total semester hours) to include instructional interventions for students with mathematics deficits;

(B) Field and Clinical Experiences (minimum requirement of 1. Early Field Experiences (one (1) semester hour with 2. Mid-Level Experiences (one (1) semester hour with 3. Culminating Clinical Experiences (eight (8) semester (4) An applicant for a Missouri certificate to teach Early Childhood Special Education (Birth—Grade 3) who possesses a baccalaureate degree from a college or university having an educator preparation program approved by the department, or from a college or university having an education program approved by the state education agency in states other than license to teach Early Childhood Special Education (Birth— Grade 3) subject to the certification requirements found in (A) Professional Requirements Effective until August 1, 2025. satisfaction of the educator preparation institution for each topic listed.

1. Content Planning and Delivery. Candidates are prepared A. Curriculum and Instructional Planning;

B. Instructional Strategies and Techniques in Content C. Assessment, Student Data, and Data-Based Decision- D. Critical Thinking and Problem Solving;

E. English Language Learning; and F. Evaluation of Abilities and Achievement (instruction evidence-based instruction).

2. Individual Student Needs. Candidates build a robust A. Psychological Development of th e Child and B. Psychology/Education of the Exceptional Child;

C. Differentiated Learning;

D. Classroom Management;

E. Behavior Intervention Strategies;

F. Cultural Diversity; and G. Educational Psychology.

3. Schools and the Teaching Profession. Candidates fully A. Consultation and Collaboration;

B. Legal/Ethical Aspects of Teaching;

C. Tiered Systems for Supporting Instruction and D. Families as Educational Partners;

E. Family Engagement;

F. Linking Families with Resources; and G. Individualized Education Plans and the Special 4. Teaching and Supporting Learning of the Young Child— A. Early Childhood Principles— (I) Child Development;

(II) Play-Based and Inquiry-Based Learning;

(III) Observing and Assessing Young Children;

(IV) Language Acquisition; and (V) Alternative and Augmentative Communication;

B. Methods of Teaching and Differentiated Instruction in the following integrated areas (minimum requirement of fifteen (15) hours):

(I) Early Literacy (minimum of six (6) semester hours) to address curriculum, explicit and systematic instruction, and assessment of— (a) Language acquisition;

(b) Phonological and phonemic awareness;

(c) Phonics;

(d) Vocabulary;

(e) Fluency;

(f) Comprehension; and (g) Writing process using authentic text and (II) Math;

(III) Health;

(IV) Science;

(V) Nutrition;

(VI) Social Studies;

(VII) Music;

(VIII) Safety;

(IX) Movement;

(X) Art;

(XI) Drama; and (XII) Instructional and Assistive Technology.

5. Program Management— A. Program Administration and Management;

B. Health, Nutrition, and Safety of Young Children;

C. Environmental Organization and Design; and D. Procedural Safeguards;

(B) Professional Requirements effective August 1, 2025. satisfaction of the educator preparation institution for each topic listed.

1. Content Planning and Delivery. Candidates are prepared A. Curriculum and Instructional Planning;

B. Instructional Strategies and Techniques in Content C. Assessment, Student Data, and Data-Based Decision- D. Critical Thinking and Problem Solving;

E. English Language Learning; and F. Evaluation of Abilities and Achievement (instruction evidence-based instruction).

2. Individual Student Needs. Candidates build a robust A. Psychological Development of the Child and B. Psychology/Education of the Exceptional Child;

C. Differentiated Learning;

D. Classroom Management;

E. Behavior Intervention Strategies;

F. Cultural Diversity; and G. Educational Psychology.

3. Schools and the Teaching Profession. Candidates fully A. Consultation and Collaboration;

B. Legal/Ethical Aspects of Teaching;

C. Tiered Systems for Supporting Instruction and D. Families as Educational Partners;

E. Family Engagement;

F. Linking Families with Resources; and G. Individualized Education Plans and the Special 4. Teaching and Supporting Learning of the Young Child— A. Early Childhood Principles— (I) Child Development;

(II) Play-Based and Inquiry-Based Learning;

(III) Observing and Assessing Young Children;

(IV) Language Acquisition; and (V) Alternative and Augmentative Communication;

B. Methods of Teaching and Differentiated Instruction in the following integrated areas (minimum requirement of fifteen (15) hours):

(I) Early Literacy (minimum of six (6) semester hours) to address the following topics:

(a) Phonological and Phonemic Awareness;

(b) Phonics;

(c) Fluency;

(d) Vocabulary;

(e) Reading Comprehension;

(f) Reading Difficulties;

(g) Literacy Curriculum and Instruction;

(h) Literacy Assessment;

(i) Application of Assessment Data;

(j) Writing Instruction;

(k) Family and Community Literacies and (l) Student Engagement in Literacy;

(II) Math;

(III) Health;

(IV) Science;

(V) Nutrition;

(VI) Social Studies;

(VII) Music;

(VIII) Safety;

(IX) Movement;

(X) Art;

(XI) Drama; and (XII) Instructional and Assistive Technology.

5. Program Management— A. Program Administration and Management;

B. Health, Nutrition, and Safety of Young Children;

C. Environmental Organization and Design; and D. Procedural Safeguards; and (C) Field and Clinical Experiences (minimum requirement of Such field and clinical experiences shall meet the minimum hours required in paragraphs (4)(C)1.–3., to include experiences in each of the three (3) different age levels (Infant/Toddler, Pre-K/Kindergarten, and Kindergarten—Grade 3).

1. Early Field Experiences (one (1) semester hour with 2. Mid-Level Experiences (one (1) semester hour with continue to observe, respond to specific class assignments, and 3. Culminating Clinical Experiences (eight (8) semes ter hours with a minimum of twelve (12) weeks in one (1) student teaching. Candidates actively participate and com plete r equired assignments, work with students as requested and under the supervision of the classroom teacher, and have (5) An applicant for a Missouri certificate of license to teach students with Mild/Moderate Cross-Categorical Disabilities (Kindergarten – Grade 12) who possesses a baccalaureate degree in Special Education from a college or university having an educator preparation program approved by the department or from a college or university having an educator preparation program approved by the state agency in states other than license to teach students with Mild/Moderate Cross-Categorical Disabilities (Kindergarten – Grade 12) subject to the certification (A) Professional Requirements Effective until August 1, 2027.

A minimum of sixt y (60) semester hours of professional preparation. Competency must be demonstrated to the satisfaction of the educator preparation institution for each topic listed— 1. Content Planning and Delivery. Candidates are prepared A. Curriculum and Instructional Planning;

B. Instructional Strategies and Techniques in Content C. Assessment, Student Data, and Data-Based Decision- D. Strategies for Content Literacy;

E. Critical Thinking and Problem Solving;

F. English Language Learning;

G. Evaluation of Abilities and Achievement (instruction H. Transition Processes, including Career Education or Career Readiness;

2. Individual Student Needs. Candidates build a robust A. Psychological Development of the Child and B. Psychology/Education of the Exceptional Child;

C. Differentiated Learning;

D. Classroom Management;

E. Behavior Intervention Strategies;

F. Cultural Diversity;

G. Educational Psychology; and H. Language Development of the Exceptional Child;

3. Schools and the Teaching Profession. Candidates fully A. Consultation and Collaboration;

B. Legal/Ethical Aspects of Teaching;

C. Tiered Systems for Supporting Instruction and D. Families as Educational Partners;

E. Family Engagement;

F. Linking Families with Resources; and G. Individualized Education Plans and the Special Education Process; and 4. Teaching and Learning Strategies— A. Literacy (a minimum total of twelve (12) semester hours) to address specialized instruction in curriculum, explicit and systematic instruction, assessment, and intensive interven tion of— (I)

Language acquisition;

(II) Phonological and phonemic awareness;

(III) Phonics;

(IV) Vocabulary;

(V) Fluency;

(VI) Comprehension; and (VII) Writing process using authentic text and pur poses;

B . Science;

C. Social Science;

D. Instructional and Assistive Technology; and E. Mathematics (two (2) courses required, minimum of six (6) total semester hours) to include instructional interventions for students with mathematics deficits;

(B) Professional Requirements Effective August 1, 2027. A minimum of forty-five (45) semester hours of professional preparation. Competency must be demonstrated to the satis faction of the educ ator preparation institution for each topic listed— 1. Engaging in professional learning and practice within ethical guidelines in order to address and advocate for student academic achievement and functional performance.

A. Candidates practice within ethical guidelines and legal policies and procedures including federal, state, and case law pertaining to serving students with disabilities (e.g., Individuals with Disabilities Education Act (IDEA), Family Educational Rights and Privacy Act (FERPA)).

B. Candidates demonstrate the knowledge and skills needed to advocate (e.g., in the development of an Individualized Education Program (IEP), at local, state, and/ or national levels) for improved academic and functional out comes for individuals with disabilities and their families while addressing the unique needs of those with diverse social, cultur al, and linguistic backgrounds.

C. Candidates create a plan of professional learning for themselves based upon ongoing analysis of student academic and functional learning; self-reflection; and professional standards, research, and contemporary practices;

2. Understanding and addressing each individual’s developmental and learning needs.

A. Candidates apply understanding of human growth and development to create developmentally appropriate and meaningful learning experiences that address individualized academic and functional strengths and needs of students with disabilities.

B. Candidates use their knowledge and understanding of diverse factors that influence development and learning (including differences related to individual, family, language, culture, and community, including disabilities) to plan and implement academic and functional learning environments and experiences.

C. Candidates apply their understanding of an individu al’ s development and learning needs through writing a sample Individualized Education Program (IEP) that includes all legally required components;

3. Demonstrating subject matter content and specialized curricular knowledge that supports student access to the general education curriculum.

A. Candidates demonstrate a foundational understand ing of academic content in the general education curriculum to inform their programmatic (e.g., services, continuum of placement considerations) and instructional decisions of individuals with disabilities .

B. Candidates design and implement specially designed instruction to provide access to the general education curriculum for students with disabilities.

C. Candidates design an instructional plan to meet the needs of the student that can be implemented with fidelity across environments by the assigned professionals (e.g., gen er al educator, paraprofessional).

D. Candidates take a minimum of twelve (12) hours of literacy-related coursework in which they address the follow ing c ompetencies.

(I) Candidates demonstrate the knowledge and skills necessary to develop curriculum, implement instruction, as sess student skills, and devise appropriate interventions surrounding language acquisition.

(II) Candidates demonstrate the knowledge and skills necessary to develop curriculum, implement instruction, as sess studen t skills, and devise appropriate interventions sup por ting student development of phonological and phonemic awareness.

(III) Candidates demonstrate the knowledge and skills student understanding of phonics.

(IV) Candidates demonstrate the knowledge and skills student development of vocabulary.

(V) Candidates demonstrate the knowledge and skills student development of reading fluency.

(VI) Candidates demonstrate the knowledge and skills student development of reading comprehension.

(VII) Candidates demonstrate the knowledge and skills necessary to develop curriculum, implement instruction, assess student skills, and devise appropriate interventions supporting student development of the writing process.

E. Candidates implement appropriate instructional and assistive technology to address the particular needs of specific students.

F. Candidates take a minimum of six (6) hours of mathematics-related coursework in which they demonstrate the knowledge and skills necessary to use evidence-based practices to appropriately modify curriculum, implement instruction, assess student skills, devise appropriate interventions to address student deficits, identify and apply appropriate accommodations, and demonstrate appropriate content knowledge in the following areas:

(I) Numbers and Operations;

(II) Algebraic Thinking;

(III) Geometry and Measurement; and (IV) Data Analysis and Probability;

4. Using assessment to understand the learner and the learning environment for data-based decision making.

Candidates analyze and interpret sample evaluation results (including multiple measures of student learning, behavior, and the classroom environment) to write a sample review of existing data, an evaluation component, or summary report.

A. Candidates collaboratively engage in data-based decision making (e.g., select, administer, analyze, and interpret multiple measures of student learning, behavior, and the classroom environment) to evaluate and support classroom and school-based systems of intervention for students with and without disabilities.

B. Candidates collaboratively engage in data-based decision making (e.g., select, administer, and interpret multiple, formal and informal, culturally and linguistically appropriate measures and procedures that are valid and reliable) to contribute to eligibility determination for special education services.

C. Candidates use a variety of assessments (e.g., including student self-assessment) to collaboratively analyze, interpret, and communicate students’ progress toward measurable outcomes using technology as appropriate to inform both short- and long-term planning, and make ongoing adjustments to individualized instruction;

5. Supporting learning of academic and functional skills.

A. Candidates apply their knowledge to interpret assessment data from multiple sources to appropriately plan and guide instruction to meet rigorous academic and nonacademic (including behavior) content and goals for each individual.

B. Candidates use effective strategies to promote active student engagement, increase student motivation, increase opportunities to respond, and enhance self-regulation of student learning for all students.

C. Candidates use explicit, systematic instruction and differentiation to teach content, strategies, and skills, including behavioral skills, to improve student outcomes.

D. Candidates demonstrate the ability to identify and implement effective instructional grouping (e.g., whole group, small group, flexible grouping, and individual instruction) in the development and execution of specially designed instruction;

6. Supporting social, emotional, and behavioral growth.

A. Candidates use research-supported behavioral strategies (e.g., create structure, use predictable routines, active supervision, etc.) to create safe, caring, respectful, and productive learning environments for individuals with disabilities.

B. Candidates demonstrate use of a range of researchsupported preventative and responsive practices documented to support individuals’ social, emotional, and educational well-being (e.g., preventative practices, de-escalation, conflict management, self-regulation).

C. Candidates demonstrate ability to collect and systematically use data from a variety of sources to identify the purpose or function served by target behavior to plan and evaluate behavioral interventions, including generalization to other environments. Topics covered must include, but are not limited to— (I) Defining of function-based thinking, antecedents, consequences, reinforcement, punishment;

(II) Using both indirect (e.g., rating scales, family/ teacher/student interviews) and direct (e.g., A-B-C data collection, scatterplots, other measures that require direct observation of behavior) measures of data;

(III) Conducting functional behavior assessments, including defining measurable/observable behaviors, collecting and graphing behavioral data;

(IV) Using functional behavior assessments to write behavioral goals and behavioral intervention plans;

(V) Using data to inform Manifestation Determination decisions; and 7. Collaborating with team members.

A. Candidates are prepared to demonstrate communication, group facilitation, and problem–solving strategies in a culturally responsive manner to lead effective IEP and other student level meetings, to build team capacity and jointly address students’ instructional and behavioral needs. Topics covered but not limited to— (I) Parent and Colleague Collaboration;

(II) Writing IEP;

(III) Preparing IEP Agenda; and (IV) Informing general education teachers of their role specific to the IEP.

B. Candidates are prepared to collaborate and coordinate with families, professionals, and community agencies in a culturally responsive manner to implement the IEP and other related programs that support individuals with and without disabilities in achieving measurable outcomes, to identify and access necessary resources, and to support transition planning.

C. Candidates are prepared to collaborate with, mentor, and facilitate the work of other professionals in the classroom (e.g., paraprofessionals, interpreters, related service providers);

(C) Field and Clinical Experiences (minimum requirement of Such field and clinical experiences shall include experiences at both the elementary and the secondary level.

1. Early Field Experiences (one (1) semester hour with 2. Mid-Level Experiences (one (1) semester hour with 3. Culminating Clinical Experiences (eight (8) semester (6) An applicant for a Missouri certificate to teach students with Severe Developmental Disabilities (Grades K-12) who possesses a baccalaureate degree in Special Education from a approved by the department or from a college or university state agency in states other than Missouri may be granted an initial Missouri certificate of license to teach students with Severe Developmental Disabilities subject to the certification (A) Professional Requirements. A minimum of sixty (60) institution for each topic listed— 1. Content Planning and Delivery. Candidates are prepared A. Curriculum and Instructional Planning;

B. Instructional Strategies and Techniques in Content C. Assessment, Student Data, and Data-Based Decision- D. Strategies for Content Literacy;

E. Critical Thinking and Problem Solving;

F. English Language Learning;

G. Evaluation of Abilities and Achievement (instruction H. Transition Processes, including Career Education or Career Readiness; and 2. Individual Student Needs. Candidates build a robust A. Psychological Development of the Child and B. Psychology/Education of the Exceptional Child;

C. Differentiated Learning;

D. Classroom Management;

E. Behavior Intervention Strategies;

F. Cultural Diversity;

G. Educational Psychology;

H. Physical and Psychological Considerations of the Developmentally Disabled;

I. Language Development of the Exceptional Child;

J. Adaptive, Self-Help, and Mobility Skills;

K. Managing Physical and Health Problems;

L. Alternative and Augmentative Communication Skills;

M. Alternative and Functional Skills Assessment;

3. Schools and the Teaching Profession. Candidates fully A. Consultation and Collaboration;

B. Legal/Ethical Aspects of Teaching;

C. Tiered Systems for Supporting Instruction and D. Families as Educational Partners;

E. Family Engagement;

F. Linking Families with Resources; and G. Individualized Education Plans and the Special Education Process;

4. Teaching and Learning Strategies— A. Literacy (three (3) courses required, minimum total of nine (9) semester hours) to include coursework in reading and B. Children’s Literature;

C. Language Arts;

D. Science;

E. Social Science;

F. Instructional and Assistive Technology; and G. Mathematics (two (2) courses required, minimum of six (6) total semester hours) to include instructional interventions (B) Field and Clinical Experiences (minimum requirement of 1. Early Field Experiences (one (1) semester hour with 2. Mid-Level Experiences (one (1) semester hour with 3. Culminating Clinical Experiences (eight (8) semester (7) An applicant for a Missouri certificate to teach students with Severe Developmental Disabilities (Grades K-12) who possesses a baccalaureate degree in Special Education from a approved by the department or from a college or university state agency in states other than Missouri may be granted an initial Missouri certificate of license to teach students with Severe Developmental Disabilities subject to the certification (A) Professional Requirements. A minimum of sixty (60) institution for each topic listed— 1. Content Planning and Delivery. Candidates are prepared between curriculum, instruction, and assessment— A. Curriculum and Instructional Planning;

B. Instructional Strategies and Techniques in Content C. Assessment and Student Data;

D. Strategies for Content Literacy;

E. Critical Thinking and Problem Solving;

F. English Language Learning;

G. Evaluation of Abilities and Achievement (instruction in interpretation of individualized intelligence tests, formal and informal diagnostic procedures, and in perspective instruction); and H. Career Education or Career Readiness;

2. Individual Student Needs. Candidates build a robust A. Psychological Development of the Child and B. Psychology/Education of the Exceptional Child;

C. Differentiated Learning;

D. Classroom Management;

E. Behavior Management;

F. Cultural Diversity;

G. Physical and Psychological Considerations of the Developmentally Disabled;

H. Language Development of the Exceptional Child;

I. Perceptual Motor Training;

J. Managing Physical and Health Problems;

K. Non-Verbal Communication Skills; and L. Functional Skills Measurement;

3. Schools and the Teaching Profession. Candidates fully A. Consultation and Collaboration; and B. Legal/Ethical Aspects of Teaching;

4. Teaching and Learning Strategies (minimum requirement of twenty-eight (28) semester hours)— A. Elementary Literacy (three (3) courses required, minimum total of nine (9) semester hours) to include coursework in reading and writing, and to include instructional interventions for students with reading deficits;

B. Children’s Literature;

C. Language Arts;

D. Science;

E. Social Science to include Geography and Economics;

F. Art;

G. Music;

H. Adapted Physical Education;

I. Technology in Education; and J. Mathematics (two (2) courses required, minimum of six (6) total semester hours) to include instructional interventions 5. Field and Clinical Experiences (ten (10) semester hours). progress of the candidate through the program and should be supervised through a close partnership of highly qualified professionals in appropriate school settings— A. Early and Mid-Level Field Experiences (two (2) semester hours). This field experience must be in a regular classroom setting prior to the culminating field experience— (I) Persons certificated in Behaviorally Disordered, Mentally Handicapped, Physical and Other Health Impairments, or Learning Disabled may meet this clinical experiences requirement by the satisfactory completion of at least three (3) semester hours of Practicum with Deaf and Hearing Impaired students;

B. Culminating Clinical Experience (eight (8) semester hours with a minimum of twelve (12) weeks in one (1) placement). The experience refers to placements typically in the final sequence leading up to and including student teaching.

Candidates actively participate and complete regular assignments, work with students as requested, and under the supervision of the classroom teacher(s) and/or other specialists. The clinical experience must include opportunities to collaborate with other educators to support student learning. The following activities should be included:

(I) Teaching severely developmentally disabled students;

(II) Interpretation of individualized intelligence tests, formal and informal diagnostic procedures, and in prescriptive instruction; and (III) Practical application of behavior management techniques. 30, 2014. Amended: Filed June 21, 2018, effective Jan. 30, 2019.

Amended: Filed Nov. 2, 2020, effective May 30, 2021. Amended:

Filed Feb. 10, 2023, effective Sept. 30, 2023. Amended: Filed Oct. 22, 2025, effective May 30, 2026. 1990, 1998, 2000, 2003, 2008, 2009, 2011, 2013, 2014, 2018, 2020, 2022, 2024, 2025; 168.071, RSMo 1963, amended 1973, 1978, 1984, 1988, 1993, 1998, 2002, 2003, 2011,

5 CSR 20-400.570 Certification Requirements for English Language Learners (Kindergarten – Grade 12) a certificate of license to teach English Language Learners. {#sec-5-csr-20-400.570 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.570}

(1) An applicant for a Missouri certificate of license to teach English Language Learners (ELL) who possesses good moral license to teach ELL subject to the certification requirements certification requirements specific to ELL:

(A) General Requirements— 1. A valid Missouri permanent or professional certificate of license to teach.

(B) Professional Requirements— 1. Psychology/Education of the Exceptional Child, including the gifted, three (3) semester hours;

2. Literacy (minimum of six (6) semester hours) to include coursework in methods of teaching reading and writing, and to include instructional interventions for students with reading deficits; and 3. The applicant must achieve a score equal to or in excess Elementary and Secondary Education (department).

(C) Content Knowledge for Teaching (minimum requirement of eighteen (18) semester hours)— 1. Linguistics and English Linguistics;

2. Language and Culture or Sociolinguistics;

3. Second Language Acquisition;

4. Instructional Techniques for Teaching English Language Learners;

5. Curriculum for Teaching English Language Learners;

6. Assessment Strategies for English Language Learners.

(D) Field and Clinical Experiences (three (3) semester hours)— 1. Culminating Clinical Experience. A supervised clinical experience in which the candidates acquire experience in planning for and working with ELL students in various instructional settings in both elementary and secondary schools. The clinical experience should include collaborating with other educators to support student learning.

(2) The requirements of this rule shall become effective August Supp. 2013.* Original rule filed Oct. 29, 2013, effective May 30, *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013; 168.011, 1998, 2000, 2003, 2008, 2009, 2011, 2013; 168.071, RSMo 1963, amended 1973, 1978, 1984, 1988, 1993, 1998, 2002, 2003, 2011, 2013; 168.081, RSMo 1963, amended 1984,

5 CSR 20-400.580 Certification Requirements for Gifted Education (Kindergarten – Grade 12) a certificate of license to teach Gifted Education. {#sec-5-csr-20-400.580 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.580}

(1) An applicant for a Missouri certificate of license to teach Gifted Education who possesses good moral character may be granted an initial Missouri certificate of license to teach Gifted requirements specific to Gifted Education:

(A) General Requirements— 1. A valid Missouri permanent or professional certificate of license to teach; and 2. The applicant must achieve a score equal to or in excess Elementary and Secondary Education (department);

(B) Content Knowledge for Teaching (Minimum requirement of fifteen (15) semester hours)— 1. A Survey of Gifted and Talented Education;

2. Programming Planning and Development: An Understanding of Administration and Supervision of Gifted Programs;

3. Screening, Assessing, and Evaluating Gifted Students;

4. Curriculum and Instruction for the Gifted; and 5. Meeting the Affective Needs of Gifted Students; and (C) Culminating Clinical Experience. A supervised clinical experience in which candidates acquire experience in planning for and working with gifted students in various instructional settings in both elementary and secondary schools. The clinical experience should include collaboration with other educators to support student learning.

(2) The requirements of this rule shall become effective August 1, 2024. 2023.* Original rule filed Oct. 29, 2013, effective May 30, 2014.

Amended: Filed Jan. 10, 2024, effective July 30, 2024. 1990, 1998, 2000, 2003, 2008, 2009, 2011, 2013, 2014, 2018, 2020, 2022; 168.071, RSMo

5 CSR 20-400.590 Certification Requirements for Elementary Mathematics Specialist (Grades 1 – 6) a certificate of license to serve as Mathematics Specialist. {#sec-5-csr-20-400.590 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.590}

(1) An applicant for a Missouri certificate of license to serve as an Elementary Mathematics Specialist who possesses good moral character may be granted an initial Missouri certificate of license to serve as an Elementary Mathematics Specialist subject to the certification requirements found in requirements specific to certificates of license for Elementary Mathematics Specialists:

(A) General Requirements— 1. A valid Missouri permanent or professional certificate of 2. Two (2) years of successful mathematics teaching experience;

3. A recommendation from the designated certification official from an educator preparation program approved by the (department); and 4. The applicant must achieve a score equal to or in excess (B) Professional Requirements (minimum of twenty-four (24) semester hours beyond initial certification)— 1. Mathematical Content Knowledge— A. Mathematics Knowledge—concepts, structures, skills, and processes of school mathematics from an advanced perspective including number/operation; geometry/ measurement; algebra; probability and statistics; and B. Specialized Mathematics Know-ledge of Teaching— mathematics that relates to helping students understand school mathematics, often referred to as Mathematics Knowledge for Teaching (MKT);

4. Pedagogical Content Knowledge (PCK) for Mathematics— A. Understanding of how students and adults learn mathematics;

B. Effective teaching strategies for supporting mathematics learning;

C. Curriculum trajectories, materials, standards, and methods for aligning curriculum systems; and D. Evaluation of mathematical abilities and achievement including formal and informal diagnostic procedures and in prescriptive instruction;

3. Foundations of Leadership— A. Effective communication strategies within and outside school;

B. Professional development expertise ability to plan, develop, implement, and evaluate learning environments for educators;

C. Ability to establish and nurture professional communities of learners—students, parents, and educators;

D. Informed about and contribute to policy and professional organization work related to teaching and learning mathematics; and 4. Field and Clinical Experiences (three (3) semester hours)— A. Culminating Clinical Experience. A supervised clinical placement in which candidates acquire experience working with a full range of students and educators in various professional development settings.

(2) The requirements of this rule shall become effective August Supp. 2013.* Original rule filed Oct. 29, 2013, effective May 30, *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013; 168.011, 1998, 2000, 2003, 2008, 2009, 2011, 2013; 168.071, RSMo 1963, amended 1973, 1978, 1984, 1988, 1993, 1998, 2002, 2003, 2011, 2013; 168.081, RSMo 1963, amended 1984,

5 CSR 20-400.600 Certification Requirements for Literacy Specialist (Kindergarten–Grade 12) a certificate of license to teach Special Reading. {#sec-5-csr-20-400.600 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.600}

(1) An applicant who possesses good moral character may be granted an initial Missouri certificate of license to serve as a Literacy Specialist subject to the certification requirements certification requirements:

(A) General Requirements— 1. A valid Missouri permanent or professional certificate of 2. Two (2) years of classroom teaching experience;

3. The applicant must achieve a score equal to or in excess Elementary and Secondary Education (department); and 4. A recommendation from the designated certification official from an educator preparation provider approved by the (B) Professional Requirements Effective through August 31, 2027— 1. Child Psychology (requirement may be met upon completion of at least three (3) semester hours of combined course, Child and Adolescent Psychology);

4. Adolescent Psychology (requirement may be met upon completion of at least three (3) semester hours of combined course, Child and Adolescent Psychology);

5. Psychology/Education of the Exceptional Child (including the Gifted); and 4. Evaluation of Abilities and Achievement (instruction (C) Content Knowledge for Teaching (a minimum of eighteen (18) semester hours)— 1. Reading (minimum of twelve (12) semester hours with at least two (2) graduate-level courses required; one (1) of these courses shall be in Analysis and Correction of Reading Disabilities);

6. Language Acquisition and Development or Language Development of the Exceptional Child;

7. Behavior Intervention Strategies; and 4. Counseling Techniques (to include communication skills with exceptional children and families of exceptional children);

(D) Field and Clinical Experiences Culminating Clinical Experiences (six (6) semester hours).

1. Culminating Clinical Experience. A supervised clinical experience in which candidates acquire experience in planning for and working with students experiencing reading difficulties. The experience must include various instructional settings in both elementary and secondary schools. The clinical experience should require demonstrated competency in the diagnosis and remediation of reading and related difficulties.

Candidates must demonstrate proficiency in establishing an environment that promotes learning. The clinical experience should include collaborating with other educators to support learning;

(E) Professional Requirements Effective September 1, 2027.

The candidate must have completed at least eighteen (18) hours in coursework related to literacy instruction. Coursework must draw from courses not included in initial teacher certification programs (e.g., Elementary Education, Early Childhood Education). In the context of that coursework, the candidate must demonstrate, to the satisfaction of the educator preparation provider, mastery of the following competencies:

1. Demonstrate advanced knowledge of major theoretical, conceptual, historical, and evidence-based foundations of literacy and language, the ways in which they interrelate, and the role of the Literacy Specialist in schools. Areas of demonstrated knowledge must include— A. Reading (e.g., concepts of print, phonological awareness, phonics, word recognition, fluency, vocabulary, comprehension) development throughout the grades, and its relationship with other aspects of literacy;

B. Writing development (e.g., text organization, craft), writing processes (e.g., generating ideas, revising, audience), and foundational skills (e.g., spelling, sentence construction, word processing), and their relationships with other aspects of literacy; and C. Language (e.g., language acquisition, structure of language, conventions of standard English), vocabulary acquisition (e.g., background knowledge) and use, speaking, listening, viewing, visually representing, and its relationships with other aspects of literacy;

2. Use foundational knowledge to design and evaluate literacy curricula to meet the needs of all learners, especially those who experience difficulty with literacy (including dyslexia) and gifted learners. To this end, candidates should— A. Design, implement, and evaluate small-group and individual explicit, evidence-based literacy instruction for learners;

B. Collaborate with teachers to implement effective literacy practices;

C. Use narrative, information/explanatory, opinion, per suasive, and argumentative texts to meet the literacy needs of the whole class and groups of students in the academic disciplines and other subject areas and when learning to read, write, listen, speak;

D. Use systematic instructional practices that provide adequate scaffolding to meet the literacy needs of individual and small groups of students;

E. Provide opportunities for student choice and engage t with a variety of print and digital materials;

F. Foster a positive climate that supports a literacy-rich learning environment;

G. Ensure literacy instruction integrates multiple cultur al, linguistic, socioeconomic, and readiness levels, includ ing diverse perspectives and authors; and H. Use differentiated strategies to support the varied needs of all learners;

3. Demonstrate an understanding of the appropriate uses of assessments and the ability to implement them. To this end, candidates should— A. Demonstrate an understanding of the purposes, attributes, formats, strengths/limitations (including inherent language, dialect, cultural bias), and influences of various types of tools in a comprehensive literacy and language assessment system and applying that knowledge to using assessment tools;

B. Use assessment results to inform instruction and evaluate interventions;

C. Assist teachers in their understanding and use of assessment results;

D. Collaborate with colleagues to administer, interpret, and use data for decision-making about student assessment, instruction, intervention, and evaluation;

E. Communicate student assessment, instruction, intervention, and evaluation to stakeholders;

F. Use multiple forms of assessment (e.g., formative, summative, observational) and progress monitoring tools that are sensitive to each student’s learning profile to measure literacy progress; and G. Employ valid, reliable, and appropriate assessments;

4. Demonstrate the ability to be reflective literacy professionals. To this end, candidates will— A. Use their leadership and facilitation skills to support teachers, students, families, and communities;

B. Exhibit critical selection and use of literacy research, policy, and practice;

C. Lead professional literacy learning experiences in implementing assessments and instructional practices; and D. Collaborate with families, administrators, and teachers to create literacy plans and interventions appropriate for all students; and (F) Field-Based Experiences.

1. Candidates must complete a minimum of eighty (80) student contact hours in supervised practical/clinical experiences. Settings may include a candidate’s own classroom, a literacy clinic, other schools, or community settings.

Candidates must engage in the following experiences:

A. Intervention work with both elementary (K–6) students and older (7–12) students;

B. Working with both individual students and small groups;

C. Assessing students’ literacy skills; and D. Implementing instructional plans.

2. In addition, candidates must have at least an additional twenty (20) hours completing the following tasks that support face-to-face work with students:

A. Collaborating with colleagues to develop, reflect on, and study teaching practices;

B. Analyzing data;

C. Identifying literacy strengths and needs;

D. Setting instructional goals;

E. Developing literacy intervention plans;

F. Creating supportive literacy learning environments;

G. Assessing the impact of interventions on student learning.

3. While completing field-based experiences, candidates must receive supervision, including observation (in-person, computer-assisted, or video analysis) and ongoing feedback, from supervisors who understand literacy processes, have literacy content knowledge, and demonstrate effective use of appropriate literacy assessment practices and evidence-based instructional strategies. 30, 2014. Amended: Filed June 13, 2025, effective Jan. 30, 2026. 1990, 1998, 2000, 2003, 2008, 2009, 2011, 2013, 2014, 2018, 2020, 2022, 2024, 2025; 168.071, RSMo 1963, amended 1973, 1978, 1984, 1988, 1993, 1998, 2002, 2003, 2011,

5 CSR 20-400.610 Certification Requirements for Initial Administrator Certificate for each of the various areas of certification within the Initial Administrator Certificate. {#sec-5-csr-20-400.610 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.610}

(1) An applicant for a Missouri Initial Administrator Certificate (School Leader, Kindergarten-Grade 12) who possesses good moral character may be granted an Initial Administrator Certificate (School Leader, Kindergarten-Grade 12) subject to Initial Administrator Certificate (School Leader, Kindergarten- Grade 12):

(A) Professional Requirements. An Initial Administrator Certificate (School Leader, Kindergarten-Grade 12) valid for a period of four (4) years from the effective date on the certificate, will be issued to applicants meeting the following 1. A permanent or professional Missouri teaching certificate of license to teach;

2. A minimum of three (3) years of classroom teaching experience approved by the Missouri Department of Elementary and Secondary Education (department);

3. The applicant must achieve a score equal to or in excess 4. Completion of a course in Psychology/Education of the 5. Completion of a master’s degree in educational leadership from a regionally accredited college or university or the equivalent thereof from another educational leadership program meeting approval of the department; and 6. Recommendation for certification from the designated official of a regionally accredited college or university or other educational leadership program approved by the department.

This recommendation shall be based upon the completion of a planned program for preparation of building level administrators which includes at least twenty-six (26) semester hours of approved graduate credit, or an equivalent thereof which is approved by the department, in education courses focused upon administration and supervision of the school.

The approved graduate credit shall include:

A. Coursework must be at the graduate level and fall within the following five (5) domains— (I) Visionary School Leadership;

(II) Instructional School Leadership;

(III) Managerial School Leadership;

(IV) Relational School Leadership; and (V) Innovative School Leadership; and B. Knowledge and/or competency in each of the (I) Visionary Leadership— (a) Understands the importance of a vision and can demonstrate how it relates to the context and culture of the school community;

(b) Understands and can communicate the importance of all stakeholders knowing the collective mission, vision, and core values; and (c) Understands and can demonstrate how multiple sources of data are connected to a mission, vision, core values, and the legal and ethical handling of information;

(II) Instructional Leadership— (a) Understands standards and can demonstrate how they apply to horizontal and vertical alignment of local curricula and content areas;

(b) Understands a variety of research-based instructional practices and can demonstrate how to appropriately match learning content;

(c) Understands and engages in meaningful feedback related to teacher professional growth;

(d) Understands and demonstrates how to assess student learning using a variety of formal and informal assessments;

(e) Engages in and demonstrates meaningful observation and feedback related to effective instructional practice;

(f) Understands and can demonstrate multiple strategies for analyzing data to inform the instructional process; and (g) Understands the principles of adult learning and demonstrates how these help develop teacher capacity;

(III) Managerial Leadership— (a) Knows and can demonstrate how a safe and functional school facility and grounds support student learning;

(b) Understands and can demonstrate how to evaluate routines, procedures, and schedules support the school environment;

(c) Understands the tools and can demonstrate the skills required to determine key attributes of effective personnel and the legal and ethical decisions impacting (d) Understands and can demonstrate the necessity of establishing and communicating clear expectations, guidelines, and procedures, which respect the rights of all staff and students;

(e) Understands and can demonstrate the role of observation, feedback, and intervention for improving or removing personnel;

(f) Is knowledgeable of and can reflectively evaluate and communicate legal and ethical requirements regarding personnel records and reports;

(g) Understands and can communicate the legalities of how a school budget works and the major sources of revenue available to support school goals and priorities; and (h) Understands and can communicate how nonfiscal resources support school goals and priorities;

(IV) Relational Leadership— (a) Knows how and why analysis of student school and can explain its impact on the teaching and learning process;

(b) Understands and can communicate the inschool and out-of-school strategies and resources available to support the welfare of each student;

(c) Understands and can demonstrate how to build positive relationships in support of student learning and wellbeing;

(d) Understands and can demonstrate the components of building effective relationships with staff and cultivating ethical behaviors in others;

(e) Understands and can demonstrate how to develop a culture of support and respect among staff;

(f) Serves as a teacher leader and understands and demonstrates the importance of promoting teacher leadership;

(g) Understands and can communicate a variety of strategies and legal implications for building relationships with families; and (h) Recognizes the importance of and can demonstrate how to build positive relationships with other community stakeholders; and (V) Innovative Leadership— (a) Recognizes and can apply the knowledge, skills, and best practices that support continuous professional (b) Understands and has the capacity to develop professional networks as a key element of professional growth;

(c) Understands the importance of reflection and demonstrates a commitment to ongoing learning;

(d) Understands and can demonstrate the importance of feedback for improving performance;

(e) Understands and can demonstrate how time management is a key factor for maintaining a focus on school (f) Recognizes and can demonstrate that beliefs based on new knowledge and understandings are used as a catalyst for change; and (g) Demonstrates flexibility by being willing to vary an approach when circumstances change, and models ethical personal conduct;

(B) Field and Clinical Experiences (three (3) semester hours with a minimum of three hundred (300) clock hours)— 1. Major Clinical Experience (defined as an emphasis in either an elementary or secondary school placement).

The major clinical experience in school leadership includes vision, mission, and goals; focus on teaching and student learning; effective management of organizational systems; importance of collaborating with families and stakeholders; maintaining ethical standards and integrity; and the role of The experience will provide the candidate with the opportunity to lead and direct specific activities. Candidates are active participants completing required assignments, and, as requested, working with students, faculty, staff, and stakeholders while under the supervision of the on-site and preparation program supervisors. The candidate must log a total of two hundred (200) clock hours in the major experience, divided into the required number of hours per leadership domain as specified in the Missouri Standards for Professional Educators (MoSPE); and 2. Minor Clinical Experience (defined as an emphasis in either an elementary or secondary school placement).

The minor clinical experience in school leadership includes placements for candidates to be active participants completing required assignments and, as requested, working with students, faculty, staff, and stakeholders while under the supervision of the on-site and preparation program supervisors. This includes vision, mission, and goals; focus on teaching and student learning; effective management of organizational systems; importance of collaborating with families and stakeholders; maintaining ethical standards and integrity; and the role of The candidate must log a total of fifty (50) clock hours in the minor experience, divided into the required number of hours per leadership domain as specified in the Missouri Standards for Professional Educators (MoSPE). The remaining fifty (50) clock hours will be at the discretion of the program and candidate and will be divided among the leadership domains.

(2) An applicant for a Missouri Initial Administrator Certificate (Career and Technical Education Administrator, Grades 7-12) who possesses good moral character may be granted an Initial Administrator Certificate (Career and Technical Education Administrator, Grades 7-12) subject to the certification additional certification requirements specific to Career and Technical Education Administrator, Grades 7-12:

(A) Professional Requirements. An Initial Administrator Certificate (Career and Technical Education Administrator, Grades 7-12), valid for a period of four (4) years from the effective date on the certificate, will be issued to applicants meeting the following requirements:

1. A permanent or professional education or career and technical education (CTE) Missouri teaching certificate of 2. A minimum of three (3) years of career and technical education or secondary subject area teaching experience 3. The applicant must achieve a score equal to or in excess defined in 5 CSR 20-400.320 and 5 CSR 20-400.440. The official 4. Completion of a course in Psychology/Education of the 5. Completion of a master’s degree in educational leadership from a regionally accredited college or university or the equivalent thereof from another educational leadership program meeting approval of the department and which included knowledge and/or competency in each of the five (5) domains identified for the Initial Administrator Certificate (Career and Technical Education Administrator, Grades 7-12);

2. Recommendation for certification from the designated official of a regionally accredited college or university or other educational leadership program approved by the department.

This recommendation shall be based upon the completion of a planned program for preparation of career and technical education administrators focused upon administration and supervision of an area career center. Individuals who possess an initial secondary school, middle school, or K-12 school leader certificate and have a minimum of three (3) years of buildinglevel administrator experience must complete a two- (2-) year CTE administrator mentoring program and a minimum of nine (9) graduate credit hours of CTE administration consisting of CTE foundations, CTE administration, and CTE finance.

Individuals who possess an initial secondary school, middle school, or K-12 school leader certificate without three (3) years of building-level leaders experience, must complete a two- (2-) year CTE administrator mentoring program, and a minimum of fifteen (15) graduate credit hours of CTE administration consisting of CTE foundations, CTE administration, CTE finance, CTE organization and administration, and a CTE administrative internship (three hundred (300) clock hours).

A. Coursework must be at the graduate level and fall within the following five (5) domains:

(I) Visionary Leadership— (a) Understands the importance of a vision and can demonstrate how it relates to the context and culture of the school community;

(b) Understands and can communicate the importance of all stakeholders knowing the collective mission, vision, and core values;

(c) Understands and can demonstrate how multiple sources of data are connected to a mission, vision, and core values and the legal and ethical handling of information;

(d) Knows the importance of utilizing employment trends and forecasting data to improve and expand CTE programming;

(e) Understands the importance of using a program evaluation instrument that leads to high quality CTE; and (f) Understands how the history and philosophy of CTE impacts leadership in CTE;

(II) Instructional Leadership— (a) Understands standards and can demonstrate how they apply to horizontal and vertical alignment of local curricula and content areas;

(b) Understands a variety of research-based instructional practices and can demonstrate how to appropriately match learning content;

(c) Understands and engages in meaningful feedback related to teacher professional growth;

(d) Understands and demonstrates how to assess student learning using a variety of formal and informal assessments;

(e) Engages in and demonstrates meaningful observation and feedback related to effective instructional practice;

(f) Understands and can demonstrate multiple strategies for analyzing data to inform the instructional process;

(g) Understands the principles of adult learning and can demonstrate how these help develop teacher capacity;

(h) Understands the process of CTE curriculum development and implementation utilizing business/industry/ workforce partners with the importance of assessing performance and industry credentials;

(i) Ensures CTE instruction entails Career Technical Student Organizations (CTSO) components (e.g., technical, academic, workplace, personal skills); and (j) Implements instructional goals, assessment methods, and work-based learning by utilizing business/ industry/workforce partners to address workforce needs;

(III) Managerial Leadership— (a) Knows and can demonstrate how a safe and functional school facility and grounds supports student learning;

(b) Understands and can demonstrate how routines, procedures, and schedules support the school environment;

(c) Understands the tools and can demonstrate the skills required to determine key attributes of effective personnel and the legal and ethical decisions impacting (d) Understands and can demonstrate the necessity of establishing and communicating clear expectations, guidelines, and procedures which respect the rights of all staff and students;

(e) Understands and can demonstrate the role of observation, feedback, and intervention for improving or removing personnel;

(f) Is knowledgeable of and can reflectively evaluate and communicate legal and ethical requirements regarding personnel records and reports;

(g) Understands and can communicate the legalities of how a school budget works and the major sources of revenue available to support school goals and priorities;

(h) Understands and can communicate how nonfiscal resources support school goals and priorities;

(i ) Utilizes a program evaluation instrument to develop, evaluate, expand, and improve local CTE programs, including CTSOs and business, industry, and workforce partnerships;

(j) Assesses stakeholder needs for CTE program budget development, implementation, and oversight;

(k) Understands CTE financial management, including funding mechanisms, financial management system, CTE grants and requirements, and CTE financial coding;

(l) Understands the impact of local, state, and federal legislation on CTE program management; and (m) Develops teacher and staff capacity to monitor budgets, implement program standards and curriculum, meet certification requirements, follow school policies, and manage CTSOs;

(IV) Relational Leadership— (a) Knows how and why analysis of student school and can demonstrate its impact on the teaching and learning process;

(b) Understands and can communicate the inschool and out-of-school strategies and resources available to support the welfare of each student;

(c) Understands and can demonstrate how to build positive relationships in support of student learning and wellbeing;

(d) Understands and can demonstrate the components of building effective relationships with staff and cultivating ethical behaviors in others;

(e) Understands and can demonstrate how to develop a culture of support and respect among staff;

(f) Serves as a teacher leader and understands and demonstrates the importance of promoting teacher leadership;

(g) Understands and can communicate a variety of strategies and legal implications for building relationships with families;

(h) Recognizes the importance of and can demonstrate building positive relationships with other community stakeholders;

(i) Understands and can demonstrate the importance of building positive relationships with other community stakeholders, especially with CTE advisory committees and business/industry/workforce partners;

(j) Understands the unique needs of a CTE teacher who transitions from business/industry/workforce to the classroom; and (k) Understands and can demonstrate the importance of building positive relationships with legislators and state agency staff; and (V) Innovative Leadership— (a) Recognizes and can apply the knowledge, skills, and best practices that support continuous professional (b) Understands and has the capacity to develop the need for professional networks as a key element of professional (c) Understands the importance of reflection and demonstrates a commitment to ongoing learning;

(d) Understands and can demonstrate the importance of feedback for improving performance;

(e) Understands and can demonstrate how time management is a key factor for maintaining a focus on school (f) Recognizes and can demonstrate that beliefs based on new knowledge and understandings are used as a catalyst for change;

(g) Demonstrates flexibility by being willing to vary an approach when circumstances change, and models ethical personal conduct;

(h) Recognizes and demonstrates how business/ industry/workforce partnerships influence or accelerate CTE program enhancement; and (i) Understands and can communicate the unique professional development needs of a CTE teacher who transitions from business/industry/workforce to the classroom;

(B) Field and clinical experience (three (3) semester hours with a minimum of three hundred (300) clock hours) and completion of a two- (2-) year CTE administrator mentoring program developed by the recommending institution.

1. The field and clinical experience and CTE administrator mentoring program in CTE administration shall include vision, mission, and goals, focus on teaching and student learning, effective management of organizational systems, importance of collaborating with families and stakeholders, maintaining ethical standards and integrity, and the role of The experience will provide the candidate with the opportunity to lead and direct specific activities. Candidates are active participants completing required assignments and, as requested, working with students, faculty, staff, and stakeholders while under the supervision of the on-site and preparation program supervisors. The candidate must log a total of three hundred (300) clock hours in the major experience, divided into the required number of hours per leadership domain as specified in the Missouri Standards for Professional Educators (MoSPE).

(3) An applicant for a Missouri Initial Administrator Certificate (Special Education Director, Kindergarten-Grade 12) who possesses good moral character may be granted an Initial Administrator Certificate (Special Education Director, Kindergarten-Grade 12) subject to the certification additional certification requirements specific to Special Education Director, Kindergarten-Grade 12:

(A) Professional Requirements. An Initial Administrator Certificate (Special Education Director, Kindergarten–Grade 12), valid for a period of four (4) years from the effective date on the certificate, will be issued to applicants meeting the following 1. The applicant shall hold a valid Missouri permanent or professional principal or school leader certificate; and 2. The applicant shall have completed the department’s approved Special Education Director micro-credentials.

(4) An applicant for a Missouri Initial Administrator Certificate (Superintendent, Kindergarten-Grade 12) who possesses good moral character may be granted an Initial Administrator Certificate (Superintendent, Kindergarten-Grade 12) subject to Superintendents:

(A) Professional Requirements. An Initial Administrator Certificate, valid for a period of four (4) years from the date of issuance, will be issued to applicants meeting the following 1. A permanent or professional Missouri certificate of 2. A minimum of three (3) years of experience as a building- or district-level administrator at a public or accredited nonpublic school;

3. The applicant must achieve a score equal to or in excess 4. Completion of a course in Psychology/Education of the Exceptional Child; and 5. Completion of an educational specialist or advanced degree program in educational leadership and recommendation from the designated official of a regionally accredited college or university or other education leadership program approved by the department which shall include:

A. Coursework must be at the graduate level and fall within the following five (5) domains of district-level leadership— (I) Visionary Leadership;

(II) Instructional Leadership;

(III) Managerial Leadership;

(IV) Relational Leadership; and (V) Innovative Leadership;

B. Knowledge and/or competency in each of the (I) Visionary Leadership— (a) Knows the importance of a vision and how it relates to the core values and culture of the district;

(b) Understands the importance of all stakeholders knowing the collective mission, vision, and core values;

(c) Understands how multiple sources of data are connected to a mission, vision, and core values;

(II) Instructional Leadership— (a) Understands how standards apply to horizontal and vertical alignment of local curricula and content areas;

(b) Understands a variety of research-based instructional practices and how to appropriately match them to learning content;

(c) Understands legal implications impacting instruction and ensures meaningful feedback related to effective teacher and leader practice;

(d) Understands the importance of assessing student learning using a variety of formal and informal assessments;

(e) Understands the importance of multiple strategies for analyzing data to inform the instructional process; and (f) Understands the principles of adult learning and how these help develop principal and teacher capacity;

(III) Managerial Leadership— (a) Knows how safe and functional district facilities and grounds support student learning;

(b) Understands how routines, protocols, procedures, policies, and technology support the district environment;

(c) Understands tools used to determine key attributes of effective personnel;

(d) Understands the necessity of establishing and communicating clear expectations, guidelines, policies, and procedures respecting the rights of all staff and students;

(e) Understands the role of observation, feedback, documentation, and intervention for improving or removing personnel and the legal and ethical decisions in creating an effective educator evaluation process;

(f) Is knowledgeable of requirements regarding personnel records, laws, and reports;

(g) Understands the statutory requirements that affect how a district budget works and the major sources of revenue to support district goals and priorities; and (h) Understands the statutory requirements that affect how non-fiscal resources support district goals and (IV) Relational Leadership— (a) Knows how and why analysis of student district and its impact on the teaching and learning process;

(b) Understands the legal implications of indistrict and out-of-district strategies and resources available in supporting the well-being of each student;

(c) Understands how to build positive and ethical relationships in support of student learning and well-being;

(d) Understands the importance of building effective, ethical relationships with all staff;

(e) Understands how to develop a culture of support and respect among staff and in the community;

(f) Serves as a district leader and understands the importance of building leadership capacity in a district;

(g) Understands a variety of strategies for building relationships and working cooperatively with the board; and (h) Recognizes the impact the larger political, social, economic, legal, and cultural issues can have on educational issues in the school district; and (V) Innovative Leadership— (a) Recognizes knowledge, skills, and best practices to support continuous professional growth;

(b) Understands the need for professional networks as a key element of professional growth;

(c) Understands the importance of reflection and a commitment to ongoing learning;

(d) Understands the importance of feedback for improving performance;

(e) Understands how time management is a key factor for maintaining a focus on district priorities;

(f) Recognizes that beliefs based on new knowledge, understandings, and technology are used as a catalyst for change;

(g) Understands the need to be flexible and willing to vary an approach when circumstances change; and C. Directed field experiences in superintendency of at least three (3) semester hours.

(5) The requirements of this rule shall become effective August 31, 2023.

Amended: Filed June 13, 2019, effective Jan. 30, 2020. Amended:

Filed June 24, 2022, effective Feb. 28, 2023. Amended: Filed May 15, 2024, effective Nov. 30, 2024. 1990, 1998, 2000, 2003, 2008, 2009, 2011, 2013, 2014, 2018, 2020, 2022, 2024; 168.071, RSMo 1963, amended 1973, 1978, 1984, 1988, 1993, 1998, 2002, 2003, 2011, 2013, 2014;

5 CSR 20-400.620 Certification Requirements for Transition Administrator Certificate for each of the various areas of certification within the Transition Administrator Certificate. {#sec-5-csr-20-400.620 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.620}

(1) An applicant for a Missouri Transition Administrator Certificate who possesses good moral character may be granted a Transition Administrator Certificate subject to the Transition Administrator Certificates:

(A) The Transition Administrator Certificate, valid for a period of six (6) years from the effective date on the certificate, will be issued upon completion and verification of the following:

1. For applicants seeking a Transition Administrator Certificate for School Leader (Grades K-12); Career and Technical Education Administrator (Grades 7-12); and Special Education Director (Grades K-12)— A. Four (4) years of administrator experience approved by the Missouri Department of Elementary and Secondary Education (department);

B. Participation in two (2) years of district-provided mentoring (during the first two (2) years of administrator C. The development, implementation, and completion of a professional development plan of at least one hundred twenty (120) contact hours of professional development based on standards and quality indicators as required by the State Board of Education (board), or eight (8) semester hours of graduate credit toward an advanced degree in educational leadership, reading/literacy, or curriculum/instruction, or a combination of credits/professional development, or successful completion of three (3) department-approved micro-credentials based on the department’s leadership development system;

D. Successful participation in an annual performancebased administrator evaluation.

(2) The requirements of this rule shall become effective September 1, 2021.

Amended: Filed Jan. 14, 2021, effective July 30, 2021. 1990, 1998, 2000, 2003, 2008, 2009, 2011, 2013, 2014, 2018, 2020; 168.071, RSMo 1963, amended 1973, 1978, 1984, 1988, 1993, 1998, 2002, 2003, 2011, 2013, 2014; 168.081,

5 CSR 20-400.630 Certification Requirements for Career Continuous Administrator Certificate Continuous Administrator Certificate. {#sec-5-csr-20-400.630 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.630}

(1) An applicant for a Missouri Career Continuous Administrator a Career Continuous Administrator Certificate subject to the Career Continuous Administrator Certificates:

(A) The Career Continuous Administrator Certificate for School Leader (Grades K-12), Career and Technical Education Administrator (Grades 7-12), or Special Education Director (Grades K-12) will be issued upon completion and verification of the following:

1. Completion of an educational specialist degree or higher from a regionally accredited college or university.

Such degree must be in educational leadership, reading/ literacy, or curriculum/instruction or successful completion of fifteen (15) Missouri Department of Elementary and Secondary Education (department) approved micro-credentials based on the department’s leadership development system;

2. Successful participation in an annual performancebased building level administrator evaluation;

3. Participation in thirty (30) contact hours of professional development annually;

4. Four (4) years of administrator experience approved by the department; and 5. Participation in two (2) years of district-provided mentoring (during the first two (2) years of administrator (B) The holder of a Career Continuous Administrator Certificate for School Leader (Grades K-12), Career and Technical Education Administrator (Grades 7-12), or Special Education Director (Grades K-12) is exempt from the thirty (30) contact hours of professional development if the holder has a local professional development plan in place with the school and meets at least two (2) of the following:

5. Ten (10) years of administrator experience approved by the department;

6. Completion of an educational specialist degree or higher from a regionally accredited college or university. Such degree must be in educational leadership, reading/literacy, or curriculum/instruction;

7. Certification from a nationally recognized professional administrator organization approved by the State Board of Education (board); and/or 4. Completion of the department’s Leadership Development System micro-credentials;

(C) The Career Continuous Administrator Certificate for applicants seeking a Career Continuous Administrator Certificate for Superintendent (Grades K-12) will be issued upon 1. Four (4) years of district-level administrator experience 2. Participation in one (1) year of district-provided mentoring (during the first year of superintendent experience);

3. The development, implementation, and completion of a professional development plan of at least one hundred twenty (120) contact hours of professional development based on standards and quality indicators as required by the board, or eight (8) semester hours of graduate credit toward a doctorate degree in educational leadership, or a combination of credits/ professional development; and 4. Successful participation in an annual performancebased evaluation;

(D) The Career Continuous Administrator Certificate for Superintendent (Grades K-12) will remain valid based upon verification by the employing school district that the certificate holder— 1. Participated in a performance-based evaluation; and 2. Completed thirty (30) contact hours of professional development, or two (2) semester hours of graduate credit toward a doctorate degree in educational leadership, or a combination of professional development and graduate credit each year; and (E) The holder of a Career Continuous Administrator Certificate for Superintendent (Grades K-12) is exempt from the thirty (30) contact hours of annual professional development if the holder has a local professional development plan in place with the school and meets the following:

1. Ten (10) years of district level administrator experience 2. A doctorate degree in educational leadership from a regionally accredited college or university; and 3. Certification from a nationally recognized professional administrator organization approved by the board.

(2) The requirements of this rule shall become effective September 1, 2021.

Amended: Filed Jan. 14, 2021, effective July 30, 2021. 1990, 1998, 2000, 2003, 2008, 2009, 2011, 2013, 2014, 2018, 2020; 168.071, RSMo 1963, amended 1973, 1978, 1984, 1988, 1993, 1998, 2002, 2003, 2011, 2013, 2014; 168.081,

5 CSR 20-400.640 Certification Requirements for Initial Student Services Certificate each of the various areas of certification within the Initial Student Services Certificate. {#sec-5-csr-20-400.640 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.640}

(1) An applicant for a Missouri Initial Student Services Certificate, valid for a period of four (4) years, may be granted an Initial Student Services Certificate subject to the certification additional requirements:

(A) The Initial Student Services Certificate for Career Education Counselor, valid for a period of four (4) years from the effective date of the certificate, will be issued to those persons meeting the following requirements:

1. The applicant must have secured a Career Education Counselor position in their area of professional/technical preparation and/or training and the employing school district or postsecondary institution must request and endorse certification for the applicant;

2. The applicant must either— A. Possess a bachelor’s degree in education from an educator preparation program approved by the Missouri (department); or B. Possess a permanent or professional or a career education certificate of license to teach; and 3. Completion of a minimum of a master’s degree from an accredited institution in one (1) of the following areas: education, school counseling, counseling, rehabilitation counseling, vocational evaluation, counseling psychology, or a closely-related mental health discipline; and complete additional graduate coursework specific to school counseling, as designated by the recommending certification official approved by the department, including a supervised internship or field experience of at least three hundred (300) hours in an appropriate school setting;

(B) The Initial Student Services Certificate for School Counselor (Grades K-12), valid for a period of four (4) years from the effective date of the certificate, will be issued to those persons meeting the following requirements:

1. Recommendation for certification from the designated official of a counselor preparation program approved by the 2. Completion of a course in Psychology/Education of the Exceptional Child; and 3. The applicant must possess either— A. Completion of a master’s degree with a major emphasis in school counseling from a college or university meeting approval of the department, based upon the completion of a planned program of at least forty-two (42) semester hours of approved graduate credit courses in counseling with at least twelve (12) semester hours focused upon counseling in the elementary and secondary schools— (I) Knowledge and/or competency in each of the (a) Student Development— I. Human Growth and Development;

II. Counseling Theories and Interventions;

III. Helping Relationships;

IV. Social and Cultural Diversity;

V. Appraisal of Student Growth and Achievement;

VI. Career Development and Planning;

(b) Program Implementation— I. Structural Components;

II. Program Components;

III. Technology; and IV. Program, Personnel, and Results Evaluation;

(c) Professional Relationships— I. Interpersonal Skills;

II. Collaboration;

III. Consultation Theories and Strategies; and IV. School and Community Involvement;

(d) Leadership and Advocacy— I. Personal Well-Being;

II. Leadership and Professionalism;

III. Student Advocacy;

IV. Program Leadership; and V. School Climate and Culture;

(e) Ethical and Professional Conduct— I. Ethical Standards;

II. Professional Standards;

III. District and School Policies; and IV. Legal Requirements; and (II) Field and Clinical Experience (three (3) semester hours minimum of three hundred (300) clock hours of which two hundred (200) clock hours will be in a major area (elementary or secondary); fifty (50) clock hours in a minor area (elementary or secondary); and the remaining fifty (50) clock hours will be at the discretion of the program and candidate)— (a) Culminating Clinical Experience. This refers to elementary and secondary school placement(s) in which candidates actively participate and complete class assignments and work with students as requested while under the supervision of a school counselor. The candidate should experience a wide range of class settings and have opportunities to collaborate with the supervising school counselor, preparation program supervisors, and/or other stakeholders working to improve student learning; or B. A master’s degree or higher degree in education, school counseling, counseling, counseling psychology, rehabilitation counseling, or a closely-related mental health discipline; and completed additional graduate coursework specific to school counseling, as designated by the recommending certification official of a counselor preparation program approved by the department; along with the following:

(I) Possess a bachelor’s degree in education from a educator preparation program approved by the department; or (II) Complete a curriculum in teaching methods and practices, classroom management, and the psychology of the exceptional child, as specified by the recommending certification officer of a counselor preparation program approved by the department; and (III) Field and Clinical Experience (minimum of three hundred (300) clock hours of which two hundred (200) clock hours will be in a major area (elementary or secondary); fifty (50) clock hours in a minor area (elementary or secondary); and the remaining fifty (50) clock hours will be at the discretion of the program and candidate)— (a) Culminating Clinical Experience. This refers to elementary and secondary school placement(s) in which candidates actively participate and complete class assignments and work with students as requested while under the supervision of a school counselor. The candidate should experience a wide range of class settings and have opportunities to collaborate with the supervising school counselor, preparation program supervisors, and/or other stakeholders working to improve student learning; and 4. Must achieve a score equal to or in excess of the qualifying score of any assessment(s) required by the State Board of Education (board). The official score report shall be (C) The Initial Student Services Certificate for School Psychological Examiner (Kindergarten – Grade 12), valid for a period of four (4) years from the effective date of the certificate, will be issued to those persons meeting the following requirements:

1. The applicant shall hold a valid Missouri professional teaching certificate or student services certificate of license to teach as an elementary or secondary school counselor;

2. Completion of a master’s degree from a college or university meeting approval of the Missouri Department of Elementary and Secondary Education in one (1) of the A. Counseling Psychology;

B. Educational Psychology;

C. School Counseling; and D. Education;

3. Recommendation for certification from the designated official of an approved Psychological Examiner preparation program;

4. Completion of a course in Psychology/Education of the 5. The applicant must achieve a score equal to or in excess score shall be submitted to the department; and 6. A minimum of twenty-four (24) semester hours of professional preparation at the graduate level with competencies demonstrated in all areas listed to the satisfaction of an approved preparation program— A. Course Areas— (I) Psychological Development: Child, Adolescent, or Developmental Psychology;

(II) Psychology of Education;

(III) Statistical Methods;

(IV) Psychology of Personality or Psychodiagnostics;

(V) Psychological Tests and Measures for the Analysis of Student Performance;

(VI) Individual Intelligence Tests; and (VII) Individual Diagnostic Assessments (other than the Wechsler Scales and the Stanford-Binet Intelligence Scale);

B. Competencies— (I) Applying Methods and/or Techniques of Interpretation of Tests;

(II) Analyzing and Identifying Differences to include tiered systems for supporting instruction and behavior;

(III) Interpreting Formal and Informal Diagnostic Assessments and Applying to Guide Interventions;

(IV) Utilizing Knowledge of Classroom Environment, Psychological Principles, and Data to assist in the development of student educational plans;

(V) Applying Diagnostic Inter-viewing Techniques;

(VI) Collaborating and Consulting with Other Professionals to Identify Instructional Strategies;

(VII) Administering and Interpreting the Wechsler Scales, the Stanford-Binet Intelligence Scale, and other psychoeducational instruments; and (VIII) Providing services consistent with ethical, legal, and professional standards; and C. Field and Clinical Experiences (minimum of one hundred fifty (150) clock hours)— (I) Culminating Clinical Experience. This culminating clinical experience must be in an educational setting with children and youth of school age while under the supervision of a certified School Psychological Examiner or School Psychologist. The culminating clinical experience must include the administration and interpretation of individual intelligence tests, formal and informal diagnostic procedures, and the application of the information to develop instructional strategies;

(D) The Initial Student Services Certificate for School Psychologist, valid for a period of four (4) years from the effective date of the certificate, will be issued to those persons meeting the following requirements:

1. Completion of a specialist or higher degree with a major emphasis in school psychology from an approved School Psychologist preparation program;

2. Recommendation for certification from the designated official of a School Psychologist preparation program approved by the department;

3. A minimum of sixty (60) semester hours of professional preparation at the graduate level with competencies demonstrated in all areas listed to the satisfaction of an approved School Psychologist preparation program— A. Psychological Foundations— (I) Biological Bases of Behavior;

(II) Human Learning;

(III) Social and Cultural Bases of Behavior;

(IV) Child and Adolescent Development;

(V) Individual Differences, including human exceptionalities; and (VI) Developmental Psychology;

B. Educational Foundations— (I) Instructional Design; and (II) Organization and Operations of Schools;

C. Interventions/Problem Solving— (I) Diverse Methods and Models of Assessment;

(II) Linked to Direct Interventions; and (III) Linked to Indirect Interventions;

D. Statistics and Research Methodologies— (I) Statistics;

(II) Research and Evaluation Methods; and (III) Measurement; and E. Professional School Psychology— (I) History and Foundations of School Psychology;

(II) Legal and Ethical Issues;

(III) Professional Issues and Standards;

(IV) Alternative Models for Delivery of School Psychological Services;

(V) Emergent Technologies; and (VI) Roles and Functions of the School Psychologist;

4. Competencies— A. Data-Based Decision Making and Accountability.

School psychologists have knowledge of varied models and methods of assessment and data collection methods for identifying strengths and needs, developing effective services and programs, and measuring progress and outcomes. As

part of a systematic and comprehensive process of effective decision making and problem solving that permeates all aspects of service delivery, school psychologists demonstrate skills to use psychological and educational assessment, data collection strategies, and technology resources and apply results to design, implement, and evaluate response to services and programs;

B. Consultation and Collaboration. School psychologists have knowledge of varied models and strategies of consultation, collaboration, and communication applicable to individuals, families, groups, and systems and methods to promote effective implementation of services. As part of a systematic and comprehensive process of effective decision making and problem solving that permeates all aspects of service delivery, school psychologists demonstrate skills to consult, collaborate, and communicate effectively with others;

C. Interventions and Instructional Support to Develop Academic Skills. School psychologists have knowledge of biological, cultural, and social influences on academic skills; human learning, cognitive, and developmental processes; and evidence-based curricula and instructional strategies. School psychologists, in collaboration with others, demonstrate skills to use assessment and data collection methods and to implement and evaluate services that support cognitive and academic skills;

D. Interventions and Mental Health Services to Develop Social and Life Skills. School psychologists have knowledge of biological, cultural, developmental, and social influences on behavior and mental health, behavioral and emotional impacts on learning and life skills, and evidence-based strategies to promote social–emotional functioning and mental health.

School psychologists, in collaboration with others, demonstrate skills to use assessment and data-collection methods and to implement and evaluate services that support socialization, learning, and mental health;

E. School-Wide Practices to Promote Learning. School psychologists have knowledge of school and systems structure, organization, and theory; general and special education; technology resources; and evidence-based school practices that promote learning and mental health. School psychologists, in collaboration with others, demonstrate skills to develop and implement practices and strategies to create and maintain effective and supportive learning environments for children and others;

F. Preventive and Responsive Services. School psychologists have knowledge of principles and research related to resilience and risk factors in learning and mental health, services in schools and communities to support multitiered prevention, and evidence-based strategies for effective crisis response. School psychologists, in collaboration with others, demonstrate skills to promote services that enhance learning, mental health, safety, and physical well-being through protective and adaptive factors and to implement effective crisis preparation, response, and recovery;

G. Family–School Collaboration Services. School psychologists have knowledge of principles and research related to family systems, strengths, needs, and culture; evidence-based strategies to support family influences on children’s learning and mental health; and strategies to develop collaboration between families and schools. School psychologists, in collaboration with others, demonstrate skills to design, implement, and evaluate services that respond to culture and context and facilitate family and school partnerships and interactions with community agencies for enhancement of academic and social–behavioral outcomes for children;

H. Diversity in Development and Learning. School psychologists have knowledge of individual diversity factors for children, families, and schools, including factors related to culture, context, and individual and role differences; and evidence-based strategies to enhance services and address potential influences related to diversity. School psychologists demonstrate skills to provide effective professional services that promote effective functioning for individuals, families, and schools with diverse characteristics, cultures, and backgrounds and across multiple contexts, with recognition that an understanding and respect for diversity in development and learning and advocacy for social justice are foundations for all aspects of service delivery;

I. Research and Program Evaluation. School psychologists have knowledge of research design, statistics, measurement, varied data collection and analysis techniques, and program evaluation sufficient for understanding research and interpreting data in applied settings. School psychologists demonstrate skills to evaluate and apply research as a foundation for service delivery and, in collaboration with others, use various techniques and technology resources for data collection, measurement, and analysis to support effective practices at the individual, group, and/or systems levels;

J. Legal, Ethical, and Professional Practice. School psychologists have knowledge of the history and foundations of school psychology; multiple service models and methods; ethical, legal, and professional standards; and other factors related to professional identity and effective practice as school psychologists. School psychologists demonstrate skills to provide services consistent with ethical, legal, and professional standards; engage in responsive ethical and professional decision-making; collaborate with other professionals; and apply professional work characteristics needed for effective practice as school psychologists, including respect for human diversity and social justice, communication skills, effective interpersonal skills, responsibility, adaptability, initiative, dependability, and technology skills; and K. Information and Technology. Demonstrate an understanding of information sources and technology relevant to their work;

5. The applicant must achieve a score equal to or in excess score shall be submitted to the department; and 6. Field and Clinical Experiences (minimum of one (1) year or one thousand two hundred (1,200) clock hours)— A. Culminating Clinical Experience. This culminating clinical experience must be a planned program of experiences and supervised internship designed to achieve these competencies as part of an approved graduate degree program in school psychology. At least half of the internship must be completed in an educational setting. This internship experience will include opportunities to demonstrate skills learned in all coursework.

(2) The requirements of this rule shall become effective August 1, 2019.

Filed Aug. 31, 2020, effective March 30, 2021. 1990, 1998, 2000, 2003, 2008, 2009, 2011, 2013, 2014, 2018, 2020; 168.071, RSMo 1963, amended 1973, 1978, 1984, 1988, 1993, 1998, 2002, 2003, 2011, 2013, 2014; 168.081,

5 CSR 20-400.650 Certification Requirements for Career Continuous Student Services Certificate Continuous Student Services Certificate. {#sec-5-csr-20-400.650 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.650}

(1) An applicant for a Career Continuous Student Services a Career Continuous Student Services Certificate subject to the Career Continuous Student Services Certificates:

(A) The Career Continuous Student Services Certificate will be issued upon completion and verification of the following:

1. Four (4) years of experience approved by the Missouri (department) in specific area of Student Services Certification;

2. Participation in two (2) years of district-provided mentoring (during the first two (2) years of student services 3. The development, implementation, and completion of a professional development plan of at least forty (40) contact hours of professional development, or three (3) semester hours of graduate credit toward an advanced degree;

3. Successful participation in an annual performancebased evaluation; and 5. For a Student Services Certificate—Speech-Language Pathologist, possession of a valid, unencumbered, undisciplined Missouri license in Speech-Language Pathology from the Missouri Board of Registration for the Healing Arts;

(B) The Career Continuous Student Services Certificate will remain valid upon verification of the following:

1. Continued participation in a performance-based 2. Completion of twenty (20) contact hours of professional development annually; and 3. For a Student Services Certificate—Speech-Language Pathology, possession of a valid, unencumbered, undisciplined Missouri license in Speech-Language Pathology from the Missouri Board of Registration for the Healing Arts;

(C) The Career Continuous Student Services Certificate holder is exempt from additional professional development if the holder has a local professional development plan in place with the school and meets at least two (2) of the following:

1. For the Career Continuous Student Services—Career Education Counselor Certificate— A. Ten (10) years of Career Education Counselor B. An education specialist degree in School Counseling C. Certification from a nationally recognized professional counseling organization approved by the State Board of Education (board);

2. For the Career Continuous Student Services—School Counselor (K-12) Certificate— A. Ten (10) years of School Counselor experience B. An education specialist degree or higher in School Counseling or a closely related field; and/or C. Certification from a nationally recognized professional School Counselor organization approved by the board;

3. For the Career Continuous Student Services – School Psychological Examiner Certificate— A. Ten (10) years of School Psychological Examiner B. An education specialist degree in School Psychology C. Certification from a nationally recognized professional School Psychology organization approved by the board;

4. For the Career Continuous Student Services – School Psychologist Certificate— A. Ten (10) years of School Psychologist experience B. An education specialist degree in School Psychology C. Certification from a nationally recognized professional School Psychology organization approved by the board; and 5. For the Career Continuous Student Services – Speech- Language Pathologist (Birth-Grade 12) Certificate— A. Ten (10) years of Speech-Language Pathologist B. An education specialist degree in Speech-Language Pathology or a closely related field; and/or C. Certification from a nationally recognized professional Speech-Language Pathology organization approved by the board.

Amended: Filed May 15, 2024, effective Nov. 30, 2024. 1990, 1998, 2000, 2003, 2008, 2009, 2011, 2013, 2014, 2018, 2020, 2022, 2024; 168.071, RSMo 1963, amended 1973, 1978, 1984, 1988, 1993, 1998, 2002, 2003, 2011, 2013, 2014;

5 CSR 20-400.660 Certification Requirements for Career Education (Secondary) 7-12 Certificates Education (Secondary) Certificates. {#sec-5-csr-20-400.660 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.660}

(1) An applicant for a Career Education (Secondary) 7-12 a Career Education (Secondary) 7-12 Certificate subject to the Career Education (Secondary) Certificates:

(A) General Requirements— 1. The applicant must submit a joint application verifying contracted employment from a Missouri educational institution; and 2. One (1) of the following— A. Verification of a bachelor’s degree or higher in an area appropriate for the subject area being taught, and any the most recent ten (10) years that equal four thousand (4,000) hours of total experience approved by the Missouri Department of Elementary and Secondary Education (department):

(I) Related occupational experience; and (II) Related career and technical education (CTE)

B. Verification of an associate’s degree in an area appropriate for the subject area being taught, and any the most recent ten (10) years that equal five thousand (5,000) hours of total experience approved by the department:

(I) Related occupational experience; and (II) Related career and technical education (CTE)

C. Verification of any combination of the following experiences obtained within the most recent ten (10) years (only for Health Sciences and Skilled Technical Sciences areas) that equal six thousand (6,000) hours of total experience approved by the department:

(I) Related occupational experience; and (II) Related career and technical education (CTE)

(2,000) hours); and 3. Applicants for the specific area of Reserve Officers’ Training Corps (ROTC) must submit a notarized letter from the appropriate branch of the armed services indicating that appli ant is an approved Junior ROTC instructor; and (B) Professional Requirements— 1. Verification of coursework in education not to exceed eighteen (18) credit hours to include competencies appropriate for the certification area in: Curriculum; Methods; Assessment;

Psychology/Education of the Exceptional Child; Foundations/ Implementation; and Coordination of Cooperative Education;

(C) Certificate Titles and Specific Requirements for Each Specific Area of Career Education Certification— 1. Family Consumer Sciences and Human Services— A. Apparel and Textiles;

B. Barber (requires professional licensing);

C. Cosmetologist (requires professional licensing);

D. Culinary Arts— (I) For a Culinary Arts Certificate, candidates must satisfy the requirements of at least one (1) of the following:

(a) Satisfaction of the General Requirements and Professional Requirements in subsections (1)(A)-(B) of this rule and a valid ServSafe® Manager Certificate; or (b) Satisfaction of the requirements below— I. Bachelor of Science Degree in Home Economics Education, Family and Consumer Sciences Education, or Vocational Family Consumer Sciences; or possession of a valid Missouri professional teaching certificate in the area of Family and Consumer Sciences; and II. Two thousand (2000) hours of departmentapproved, related occupational experience from the most recent ten (10) years and a valid ServSafe® Manager Certificate;

E. Family and Consumer Sciences Related Careers Cooperative Education;

F. Food and Beverage/Restaurant Operations Manager;

G. Food Production, Management, and Related Services;

H. Hospitality Administration/Management, General;

I. Housing and Home Environments;

J. Human Development/Adult Development and Aging— (I) A Human Development/Adult Development and Aging certificate requires a minimum of an associate’s degree;

K. Human Development/Child Care— (I) A Human Development/Child Care certificate requires a minimum of an associate’s degree;

2. Applicants for a Family and Consumer Sciences Career Education Certificate of license to teach in the specific area of Human Development/Child Care and Human Development/ Adult Development and Aging must have a minimum of an associate’s or higher degree in an area appropriate for the subject area being taught and comply with subsections (1)

(A)-(B) general and professional requirements. Applicants in the areas of Apparel and Textiles; Barber; Cosmetologist;

Culinary Arts; Family and Consumer Sciences Related Careers Cooperative Education; Food and Beverage/Restaurant Operations Manager; Food Production, Management, and Related Services; Hospitality, Administration/Management, General; and Housing and Home Environments must comply with subsections (1)(A)-(B) general and professional requirements;

3. Health Sciences— A. Dental Assistant (requires professional licensing/ B. Emergency Medical Technology/Technician (requires C. Health Aide or Health Services Assistant (requires D. Health Information/Medical Records Technology (requires professional licensing/certification);

E. Medical Assistant (requires professional licensing/ F. Medical Laboratory Assistant (requires professional G. Medical Transcriptionist (requires professional licensing/certification); and H. Pharmacy Technician/Assistant (requires professional I. Secondary Practical Nursing (requires professional licensing/certification); and J. Sports Medicine (requires professional licensing/ 4. The applicant for a Health Sciences Career Education Certificate of license to teach must comply with the general and professional requirements from paragraph (1)(C)3. and the A. Applicant must provide a valid authorization from the applicable accrediting agency certifying that applicant meets requirements to teach in the subject area and student level of the instructional program; and B. Applicant must provide documentation of a valid, unencumbered, undisciplined professional license (if applicable for instructional area to be taught);

5. Skilled Technical Sciences— A. Certificate Titles— (I) Aircraft Mechanic/Technician, Powerplant (requires (II) Airframe Mechanic/Technician, Airframe (requires (III) Animation, Interactive Technology, Video Graphics, and Special Effects;

(IV) Auto/Automotive Body Repairer;

(V) Auto/Automotive Mechanic/Technician;

(VI) Aviation Management;

(VII) Building/Property Maintenance and Manager;

(VIII) Cabinet Maker and Millworker;

(IX) Carpenter;

(X) Geographic Information Science and Cartography;

(XI) Commercial Photography;

(XII) Computer and Information Systems Security/Auditing/Information Assurance;

(XIII) Computer Game Programming;

(XIV) Computer Maintenance Technology/Technician;

(XV) Computer Programming/Programmer, General;

(XVI) Computer Systems Networking and Telecommu nic ations;

(XVII) Construction/Building Technology/Technician;

(XVIII) Construction/Heavy Equipment/Earthmoving Equipment Operation;

(XIX) Crisis/Emergency/Disaster Management;

(XX) Diesel Engine Mechanic and Repairer;

(XXI) Drafting, General;

(XXII) Electrical and Electronics Equipment Installer and Repairer, General;

(XXIII) Electrician;

(XXIV) Fire Science/Firefighting;

(XXV) Graphic and Printing Equipment Operator, General;

(XXVI) Graphic Design, Commercial Art, and Illustration;

(XXVII) Heating, Air Conditioning, and Refrigeration Mechanic and Repairer;

(XXVIII) Heavy Equipment Maintenance and Repairer;

(XXIX) Industrial Technology/Technician;

(XXX) Laser and Optical Technology/Technician;

(XXXI) Criminal Justice Technology;

(XXXII)

Machinist/Machine Technologist;

(XXXIII) Marine Maintenance and Ship Repairer;

(XXXIV) Mason and Tile Setter;

(XXXV) Motorcycle Mechanic and Repairer;

(XXXVI) Plumbing Technology/Plumber;

(XXXVII) Prepress/Desktop Publishing and Digital Imaging Design;

(XXXVIII) Radio and Television Broadcasting Technology/Technician;

(XXXIX) Remote Aircraft Pilot;

(XL) Small Engine Mechanic and Repairer;

(XLI) Truck and Bus Driver/Commercial Vehicle Operator;

(XLII) Web Page, Digital/Multimedia and Information Resources Design;

(XLIII) Welder/Welding Technologist; and (XLIV) Water Quality and Wastewater Treatment Man agement and Recycling Technology/Technician;

6. The applicant for a Skilled Technical Sciences Career Education certificate of license to teach must comply with subsections (1)(A)-(B) general and professional requirements and the following:

A. The applicant must provide documentation of a valid, unencumbered, undisciplined license (if applicable for instructional area to be taught);

7. The applicant for a ROTC Career Education certificate of license to teach must comply with subsections (1)(A)-(B) general and professional requirements; and 8. The applicant for a Special Needs Career Education certificate of license to teach must comply with the general and professional requirements from subsections (1)(A)-(B) and the following:

A. Possession of a bachelor’s degree or higher from a college or university approved by the department;

B. A valid professional classification Missouri certificate of license to teach in one (1) of the following areas: elementary education, middle school, math (Grades 9-12), English (Grades 7-12), industrial arts, technology education, counseling, special education, or career education; and C. The applicant must provide documentation/transcripts of completion of a course in Methods of Teaching Dis abled Students or a methods course appropriate to the disabilit y area(s) of their employment.

(2) An applicant for a Career Education (Secondary) Missouri certificate of license to teach Personal Finance who possesses good moral character may be granted a Career Education (Secondary) Missouri certificate of license to teach Personal Finance subject to the certification requirements found in requirements specific to Personal Finance:

(A) General Requirements— 1. The applicant must submit a joint application verifying contracted employment from a Missouri school district;

2. Verification of a bachelor’s degree or higher in an area appropriate for the subject area being taught, and four thousand (4,000) hours of related occupational experience obtained within the most recent ten (10) years and approved by the department; and 3. Completion of the assessment(s) required by the State Board of Education (board) with a score equal to or greater than the Missouri qualifying score. The official score must be submitted to the department.

Amended: Filed Feb. 21, 2020, effective Oct. 30, 2020. Amended:

Filed Oct. 27, 2021, effective May 30, 2022. Amended: Filed May 15, 2024, effective Nov. 30, 2024. 1990, 1998, 2000, 2003, 2008, 2009, 2011, 2013, 2014, 2018, 2020, 2022, 2024; 168.071, RSMo 1963, amended 1973, 1978, 1984, 1988, 1993, 1998, 2002, 2003, 2011, 2013, 2014;

5 CSR 20-400.670 Certification Requirements for Career Education (Adult) Certificate Education (Adult) Certificate. {#sec-5-csr-20-400.670 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.670}

(1) An applicant for a Career Education (Adult) Certificate who possesses good moral character may be granted a Career Education (Adult) Certificate subject to the certification additional certification requirements specific to Career Education (Adult) Certificates:

(A) General Requirements— 1. The applicant must submit a joint application verifying contracted employment from a Missouri educational institution; and 2. One (1) of the following:

A. Verification of a bachelor’s degree or higher in an area appropriate for the subject area being taught, and any the most recent ten (10) years that equal four thousand (4,000) hours of total experience approved by the Missouri Department of Elementary and Secondary Education (department):

(I) Related occupational experience; and (II) Related career and technical education (CTE)

B. Verification of an associate’s degree in an area appropriate for the subject area being taught, and any the most recent ten (10) years that equal five thousand (5,000) hours of total experience approved by the department:

(I) Related occupational experience; and (II) Related CTE teaching experience at the postsecondary/adult level or an out-of-state school district (a school year equals two thousand (2,000) hours); or C. Verification of any combination of the following experiences obtained within the most recent ten (10) years (only for Health Sciences and Skilled Technical Sciences areas) that equal six thousand (6,000) hours of total experience approved by the department:

(I) Related occupational experience; and (II) Related CTE teaching experience at the postsecondary/adult level or an out-of-state school district (a school year equals two thousand (2,000) hours);

(B) Professional Requirements— 1. Verification of coursework in education not to exceed fifteen (15) credit hours to include competencies appropriate for the certificate area in: Curriculum; Methods; Assessment; and Foundations/Implementation; and (C) Certificate Titles and Specific Requirements for Each Specific Area of Career Education Certification— 1. Agricultural Education— A. Agricultural Education;

B. Agricultural Business;

C. Agricultural Mechanics;

D. Agricultural Production;

E. Agricultural Processing;

F. Agricultural Resources;

G. Agricultural Service/Supplies;

H. Forestry; and I. Horticulture;

2. Business Education— A. Career Business Education;

3. Family Consumer Sciences and Human Services— A. Apparel and Textiles;

B. Barber (requires professional licensing);

C. Career Family and Consumer Sciences;

D. Cosmetologist (requires professional licensing);

E. Culinary Arts— (I) For a Culinary Arts Certificate, candidates must satisfy the requirements of at least one (1) of the following:

(a) Satisfaction of the General Requirements and Professional Requirements in subsections (1)(A)-(B) of this rule and a valid ServSafe® Manager Certificate; or (b) Satisfaction of the requirements below:

I. Bachelor of Science Degree in Home Economics Education, Family and Consumer Sciences Education, or Vocational Family Consumer Sciences; or possession of a valid Missouri professional teaching certificate in the area of Family and Consumer Sciences;

II. Two thousand (2000) hours of departmentapproved, related occupational experience from the most recent ten (10) years; and III. A valid ServSafe® Manager Certificate;

F. Dietetic Services;

G. Food and Beverage/Restaurant Operations Manager;

H. Food Production, Management, and Related Services;

I. Hospitality Administration/Management, General;

J. Housing and Home Environments;

K. Human Development/Adult Development and Aging;

L. Human Development/Child Care; and M. Massage Therapy (requires professional licensing);

4. The applicant for a Family and Consumer Science Career Education Certificate of license to teach in the specific area of Human Development/Child Care and Human Development/ Adult Development and Aging must have a minimum of an associate or higher degree in an area appropriate for the subject area being taught and comply with subsections (1)

(A)-(B). Applicants in the areas of Apparel and Textiles; Career Family and Consumer Sciences; Culinary Arts; Food and Beverage/Restaurant Operation Manager; Food Production, Management, and Related Services; and Housing Environments must comply with subsections (1)(A)-(B);

5. Health Sciences— A. Dental Assistant (requires professional licensing/ B. Dental Hygienist (requires professional licensing);

C. Diagnostic Medical Sonography Technician (requires D. Emergency Medical Technology/Technician (requires E. Funeral Service and Mortuary Science (requires F. Health Professions and Related Sciences, Other;

G. Health Unit Coordinator/Ward Clerk;

H. Licensed Practical Nursing (requires professional I. Medical/Clinical Assistant (requires professional J. Medical Laboratory Technician (requires professional K. Medical Radiologic Technology/Technician (requires L. Medical Record Technology/Technician (requires M. Medical Transcription (requires professional N. Nursing Assistant/Aide;

O. Occupational Therapy Assistant (requires professional P. Pharmacy Technician/Assistant (requires professional Q. Physical Therapy Assistant (requires professional R. Psychiatric/Mental Health Services Technician (requires professional licensing/certification);

S. Registered Nursing Training (requires professional T. Respiratory Therapy Technician (requires professional U. Sign Language Interpreter (requires professional V. Substance Abuse/Addiction Counseling (requires professional licensing/certification); and W. Surgical Technology/Technologist (requires profes sional lic ensing);

6. The applicant for a Health Sciences Career Education Certificate of license to teach must comply with subsections (1)

(A)-(B) and the following:

A. Applicant must provide a valid authorization from the applicable accrediting agency certifying that applicant meets requirements to teach in the subject area and student level of the instructional program; and B. Applicant must provide documentation of a valid, unencumbered, undisciplined professional license (if applicable for instructional area to be taught);

7. Marketing Education— A. Marketing;

8. Skilled Technical Sciences— A. Certification Titles— (I) Aircraft Mechanic/Technician, Powerplant (requires (II) Airframe Mechanic/Technician, Airframe (requires (III) Architectural Engineering Technology/Technician;

(IV) Auto/Automotive Body Repairer;

(V) Auto/Automotive Mechanic/Technician;

(VI) Automotive Engineering Technology/Technician;

(VII) A viation Management;

(VIII) Aviation Systems and Avionics Maintenance Technology/Technician (requires professional licensing);

(IX) Biomedical Engineering-Related Technology/ (X) Building/Property Maintenance and Manager;

(XI) Cabinet Maker and Millworker;

(XII) Carpenter;

(XIII) Geographic Information Science and Cartography;

(XIV) Chemical Technology/Technician;

(XV) Civil Engineering/Civil Technology/Technician;

(XVI) Commercial Photography;

(XVII) Communications Systems Installer and Repairer;

(XVIII) Computer Installer and Repairer;

(XIX) Computer Maintenance Technology/Technician;

(XX) Construction Equipment Operator;

(XXI) Construction/Building Technology/Technician;

(XXII) Crisis/Emergency/Disaster Management;

(XXIII) Diesel Engine Mechanic and Repairer;

(XXIV) Drafting, General;

(XXV) Electrical and Electronics Equipment Installer and Repairer, General;

(XXVI) Electrical and Power Transmission Installer, General;

(XXVII) Electromechanical Technology/Technician;

(XXVIII) Fire Protection and Safety Technology/ (XXIX) Fire Science/Firefighting;

(XXX) Graphic and Printing Equipment Operator, General;

(XXXI) Graphic Design, Commercial Art, and Illustration;

(XXXII) Heating, Air Conditioning, and Refrigeration Mechanic and Repairer;

(XXXIII) Heavy Equipment Maintenance and Repairer;

(XXXIV) Industrial Design;

(XXXV) Industrial Electronics Installer and Repairer;

(XXXVI) Industrial Machinery Maintenance and Repairer;

(XXXVII) Instrumentation Technology/Technician;

(XXXVIII) Ironworking/Ironworker;

(XXXIX) Laser and Optical Technology/Technician;

(XL) Criminal Justice Technology;

(XLI) Machinist/Machine Technologist;

(XLII) Major Appliance Installer and Repairer;

(XLIII) Manufacturing Technology;

(XLIV) Marine Maintenance and Ship Repairer;

(XLV) Mason and Tile Setter;

(XLVI) Mechanical Engineering/Mechanical Technology/Technician;

(XLVII) Motorcycle Mechanic and Repairer;

(XLVIII) Nuclear Engineering Technology/Technician;

(XLIX) Occupational Safety and Health Technology/ (L) Painter and Wall Coverer;

(LI) Pipefitting/Pipefitter and Sprinkler Fitter;

(LII) Plumbing Technology/Plumber;

(LIII) Quality Control Technology/Technician;

(LIV) Radio and Television Broadcasting Technology/ (LV) Robotics Technology/Technician;

(LVI) Sheet Metal Worker;

(LVII) Small Engine Mechanic and Repairer;

(LVIII) Truck, Bus, and Other Commercial Vehicle Operator (requires professional licensing);

(LIX) Upholsterer;

(LX) Water Quality and Wastewater Treatment Technology/Technician; and (LXI) Welder/Welding Technologist; and 9. The applicant for a Skilled Technical Sciences career education certificate of license to teach must comply with subsections (1)(A)-(B) and the following:

A. Applicant must provide documentation of a valid, unencumbered, undisciplined copy of their professional license (if applicable for instructional area to be taught).

Amended: Filed Oct. 27, 2021, effective May 30, 2022. Amended:

Filed May 15, 2024, effective Nov. 30, 2024. 1990, 1998, 2000, 2003, 2008, 2009, 2011, 2013, 2014, 2018, 2020, 2022, 2024; 168.071, RSMo 1963, amended 1973, 1978, 1984, 1988, 1993, 1998, 2002, 2003, 2011, 2013, 2014;

5 CSR 20-400.680 Certification Requirements for Career Education (Secondary/Adult) Certificates Education (Secondary/Adult) Certificate. {#sec-5-csr-20-400.680 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.680}

(1) An applicant for a Career Education (Secondary/Adult)

Certificate, valid for a period of four (4) years, may be granted a Career Education (Secondary/Adult) Certificate subject to the following additional requirements:

(A) Applicants for a Career Services Coordinator (Secondary/ Adult) Career Education Certificate, valid for a period of four (4) years from the effective date of the certificate, will be issued such a certificate subject to the following requirements:

1. The applicant must have secured a Career Services Coordinator position in their area of professional/technical preparation and/or training and the employing school district or postsecondary institution must request and endorse certification for the applicant; and 2. The applicant must possess a bachelor’s degree or higher degree in a business-related field or human resources.

(B) Applicants for an Adult Education Supervisor (Secondary/ Adult) Career Education Certificate, valid for a period of four (4) years from the effective date of the certificate, will be issued such a certificate subject to the following requirements:

1. The applicant must have secured employment in their area of professional/technical preparation and/or training and the employing school district or postsecondary institution must request and endorse certification; and 2. The applicant must possess a bachelor’s degree or higher.

(2) The requirements of this rule shall become effective August Supp. 2013.* Original rule filed Oct. 29, 2013, effective May 30, *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013; 168.011, 1998, 2000, 2003, 2008, 2009, 2011, 2013; 168.071, RSMo 1963, amended 1973, 1978, 1984, 1988, 1993, 1998, 2002, 2003, 2011, 2013; 168.081, RSMo 1963, amended 1984,

5 CSR 20-400.690 Certification Requirements for Career Continuous Career Education Certificate Continuous Career Education Certificate. {#sec-5-csr-20-400.690 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.690}

(1) An applicant for a Career Continuous Career Education (CCCE) Certificate who possesses good moral character may be granted a CCCE Certificate subject to the certification additional certification requirements specific to CCCE certificates:

(A) CCCE Certificate will be issued to an applicant upon 1. Four (4) years of teaching experience approved by the (department);

2. The development, implementation, and completion of a professional development plan of at least ninety (90) contact hours of professional development relating to the specific career education subject area for which the educator seeks certification and approved by the local district to include clearly stated goals for improvement and enrichment;

3. Participation in a mentoring program for a minimum of two (2) years, the guidelines for which shall be established by the local district;

4. Annual participation in the district’s performance-based teacher evaluation (PBTE) program; and 5. For applicants for a Career Continuous Career Education Certificate in Secondary Education, verification of participation in a Beginning Career Education Teacher’s Assistance Program.

The assistance may include retraining, internship, counseling, and in-service training;

(B) The CCCE is continuous upon verification by the employing school district that the certificate holder has participated in the district’s PBTE program and completed thirty (30) contact hours of professional development relating to the specific career education subject area for which the educator seeks certification each school year.

1. Individuals possessing a CCCE who do not complete thirty (30) contact hours of professional development each school year may, within two (2) years, make up the missing hours. The individual must first meet the thirty (30) hour requirement for the current year and then count the excess hours as make-up hours.

2. A CCCE becomes inactive if the individual does not make up the requisite hours within two (2) school years.

3. A CCCE may be reactivated by the individual by completing twenty-four (24) contact hours of professional development within six (6) months prior to or after the reactivation of the certificate. Failure of the individual to complete the twenty-four (24) contact hours within six (6) months will result in the certificate becoming inactive.

(C) The CCCE holder is exempt from the thirty (30) contact 1. Ten (10) years of teaching experience approved by the 2. A master’s degree from an accredited college or university; and/or 3. Certification from the National Board for Professional Teaching Standards.

(2) The requirements of this rule shall become effective August Supp. 2013.* Original rule filed Oct. 29, 2013, effective May 30, *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013; 168.011, 1998, 2000, 2003, 2008, 2009, 2011, 2013; 168.071, RSMo 1963, amended 1973, 1978, 1984, 1988, 1993, 1998, 2002, 2003, 2011, 2013; 168.081, RSMo 1963, amended 1984,

5 CSR 20-400.700 Certification Requirements for Adult Education and Literacy a certificate of license to teach Adult Education and Literacy. {#sec-5-csr-20-400.700 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-400.700}

(1) An applicant for an initial Missouri certificate of license to teach Adult Education and Literacy who possesses good moral license to teach Adult Education and Literacy, valid for a period of four (4) years, subject to the certification requirements found in 5 CSR 20-400.500 and the following additional requirements specific to an initial Adult Education and Literacy Certificate:

(A) Professional Requirements— 1. A bachelor of arts or bachelor of science degree from a college or university approved by the Missouri Department of Elementary and Secondary Education (department);

2. Successful completion of a pre-certification workshop authorized by the department no later than three (3) months after hire date; and 3. Completion and submission of any required pre- and/or post-workshop activity to the department;

(2) Career Continuous Adult Education and Literacy Certificate— (A) A Career Continuous Adult Education and Literacy Certificate may be issued to an applicant upon submission of an application for such certification and verification of the 1. Four (4) years of teaching experience approved by the 2. Participation in a two (2) year mentoring program with an experienced teacher of Adult Education and Literacy;

3. Participation in any required workshops;

4. Participation in sixty (60) hours of professional development in addition to required workshops;

5. Participation in an annual performance-based teacher evaluation (PBTE); and 6. Accumulation of a minimum of one hundred (100) Adult Education and Literacy instructional hours per year during the four (4) years of state approved teaching experience; and (B) A Career Continuous Adult Education and Literacy Certificate holder is exempt from the twenty (20) contact 1. Ten (10) years of teaching experience approved by the 2. Accumulation of a minimum of one hundred (100) Adult Education and Literacy instructional hours per year during the ten (10) years of state approved teaching experience; and/or 3. A masters degree from an accredited college or university.

(3) The requirements of this rule shall become effective August Supp. 2013.* Original rule filed Oct. 29, 2013, effective May 30, *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013; 168.011, 1998, 2000, 2003, 2008, 2009, 2011, 2013; 168.071, RSMo 1963, amended 1973, 1978, 1984, 1988, 1993, 1998, 2002, 2003, 2011, 2013; 168.081, RSMo 1963, amended 1984,

Chapter 500 Office of Adult Learning and Rehabilitation Services

5 CSR 20-500.300 Pertinent Regulations Relating to the Disability Determinations {#sec-5-csr-20-500.300 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-500.300}

5 CSR 20-500.330 Administration of High School Equivalence Program {#sec-5-csr-20-500.330 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-500.330}

5 CSR 20-500.340 Standards for the Determination of Eligible Training Providers and Administration of Reimbursement for the Education of Persons Under the Workforce Investment Act of 1998 and Other Employment Training Funding Sources Contracting With the State Board of Education {#sec-5-csr-20-500.340 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-500.340}

5 CSR 20-500.350 Standards for the Approval and Continued Approval of On-the-Job {#sec-5-csr-20-500.350 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-500.350}

5 CSR 20-500.360 Standards for the Approval of Apprentice Courses for the Training of {#sec-5-csr-20-500.360 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-500.360}

5 CSR 20-500.370 Standards for the Approval of Courses for the Education of Persons SECONDARY EDUCATION Rehabilitation Services {#sec-5-csr-20-500.370 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-500.370}

5 CSR 20-500.110 Standards for Vocational Rehabilitation {#sec-5-csr-20-500.110 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-500.110}

(Rescinded June 30, 2019)

Moved to 5 CSR 20-500.110, effective Aug. 16, 2011. Rescinded: Filed Nov. 5, 2018, effective June 30, 2019.

History

• AUTHORITY: section 178.430, RSMo 1986. This rule previously filed as 5 CSR 90-2.011. Original rule filed Jan. 28, 1977, effective June 1, 1977. Rescinded and readopted: Filed July 23, 1982, effective Nov. 15, 1982. Amended: Filed Aug. 1, 1988, effective Nov. 25, 1988.

5 CSR 20-500.120 Definitions {#sec-5-csr-20-500.120 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-500.120}

PURPOSE: This rule establishes definitions through Vocational Services, Department of Elementary and Secondary Education for the standards and procedures to provide vocational rehabilitation (VR) services for applicants and eligible individuals with disabilities

section 361.5. publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) Dependent. An individual not meeting any of the criteria as an independent individual for financial needs purposes. When the individual is a dependent, the vocational rehabilitation financial application must be completed by the parent(s)/ guardian to determine the individual’s eligibility for services based on financial need.

(2) Disability-related expenses. Medication, therapy, medical treatment, prosthetic appliances, repairs to equipment, etc., which directly relates to an individual or family member with a disability and is not covered by insurance, Medicare, Medicaid, or other third-party payee.

(3) Extreme medical risk. The probability of substantially increasing functional impairment or death if medical services including mental health services are not provided expeditiously as recommended by an appropriate licensed medical professional.

(4) Immediate risk. An eligible individual at immediate risk of losing employment requiring specific services or equipment to maintain employment is not subject to the order of selection for only those specific services or equipment necessary to maintain employment.

(5) Independent individual for financial needs purposes. Any individual who meets any one (1) of the following criteria:

(A) Is twenty-three (23) years old;

(B) A veteran of the U.S. Armed Forces;

(C) An orphan or a ward of the court;

(D) Has legal dependents other than a spouse;

(E) Is married and not claimed as a dependent during the current tax year;

(F) Is unmarried and not claimed as a dependent during the past two (2) years; or (G) Has been determined independent by another federal or state agency.

(6) Student with a disability. An individual with a disability who— (A) Is in a secondary, postsecondary, or other recognized education program;

(B) Is not younger than age fourteen (14) and is not older than twenty-one (21); and (C) Is eligible for and receiving special education or related services under an individualized education program or is a student with a disability for purposes of Section 504.

(7) 34 CFR section 361.5 is hereby incorporated by reference and made part of this rule as published by the U.S. Government 20401-0001, in January 2024. Copies of this regulation can also be obtained from the Department of Elementary and Secondary Education, Office of Adult Learning and Rehabilitation RSMo 2016.* This rule previously filed as 5 CSR 90-4.100. Original 20-500.120, effective Aug. 16, 2011. Amended: Filed Sept. 27, 2013, effective May 30, 2014. Amended: Filed Jan. 18, 2024, effective Aug. 30, 2024.

5 CSR 20-500.130 Confidentiality and Release of Information {#sec-5-csr-20-500.130 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-500.130}

PURPOSE: This rule establishes the procedures for release of information and confidentiality of applicants and/or eligible individuals through Vocational Rehabilitation, Office of Adult and Secondary Education pursuant to the Rehabilitation Act of 1973 as amended and 34 CFR section 361.38. publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) Information about an applicant or eligible individual is safeguarded and will not be released without the individual’s or representative’s written permission except in the following situations:

(A) Information will be released in response to investigations in connection with law enforcement, fraud, or abuse, unless expressly prohibited by federal or state laws or regulations, and in response to an order by a judge or other authorized judicial officer; and (B) To protect the individual or others if the individual poses a threat to his or her safety or to the safety of others.

(2) An applicant’s or an eligible individual’s refusal to provide information may result in the denial of services.

(3) Information from an individual’s file must be requested in writing by the individual or the individual’s representative.

(A) Upon the determination that information is harmful to the individual, information will not be released directly to the individual but will be released to court-appointed representatives or a third party chosen by the individual including an advocate, an adult member of the individual’s family, or a qualified medical or mental health professional.

(4) An applicant or eligible individual who believes that information in the individual’s record of services is inaccurate or misleading may request in writing that VR amend the information. If the information is not amended, the request for the amendment must be documented in the record of services.

(5) 34 CFR Part 361.38 is hereby incorporated by reference and made part of this rule as published by the U.S. Government 20401-0001, June 2024. Copies of this regulation can also be RSMo 2016.* This rule previously filed as 5 CSR 90-4.110. Original 20-500.130, effective Aug. 16, 2011. Amended: Filed Jan. 27, 2014, effective Aug. 30, 2014. Amended: Filed June 14, 2024, effective Jan. 30, 2025.

5 CSR 20-500.140 Minimum Standards {#sec-5-csr-20-500.140 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-500.140}

PURPOSE: This rule establishes the minimum standards for service providers and vocational rehabilitation counselors for Vocational to provide vocational rehabilitation services for applicants and eligible individuals with disabilities pursuant to the Rehabilitation Act of 1973 as amended, 34 CFR section 361.5(7), and 34 CFR

section 361.18(c)(1)(i).

(1) A community rehabilitation program (CRP) is an accredited, non-profit organization, which provides employment-related services to applicants or eligible individuals.

(A) A CRP must demonstrate the ability to deliver appropriate employment-related services.

(B) A CRP must be accredited by a recognized professional accreditation organization that has developed commonly accepted processes for accreditation of the specific employmentrelated service.

(2) A training service provider must meet the following qualifications:

(A) Colleges and universities must be accredited by a nationally recognized accrediting agency or association approved by the U.S. Department of Education; and (B) Career and technical training programs, proprietary training programs, and other training courses must be accredited or approved by the U.S. Department of Veterans Affairs, the Veterans Education and Training Section (State Approving Agency) under the Missouri Department of Elementary and Secondary Education, Missouri Higher Education and Workforce Development, and in accordance with applicable state law and/or regulations.

(3) Individuals who provide vocational rehabilitation (VR) authorized services must be properly accredited, certified, or licensed in accordance with applicable state law and/or

regulation.

(4) A qualified VR counselor must have these minimum qualifications— (A) A master’s degree from an accredited college or university in rehabilitation counseling, guidance and counseling, psychology, social work, or closely related field; and (B) Fluency in American Sign Language or other appropriate mode of communication if the counselor provides services to individuals who are deaf or hard of hearing.

(5) An individual or agency providing benefits planning directly to an individual must maintain current national certification as a certified community work incentive counselor.

(6) 34 CFR section 361.5(7) and 34 CFR section 361.18(c) are hereby incorporated by reference and made part of this rule as published by the U.S. Government Publishing Office, 732 N.

Capitol Street NW, Washington, DC 20401-0001, in December 2026. Copies of these regulations can also be obtained from the 2016.* This rule previously filed as 5 CSR 90-4.120. Original rule filed Dec. 17, 1999, effective Aug. 30, 2000. Amended: Filed Dec. 7, 2000, effective July 30, 2001. Moved to 5 CSR 20-500.140, effective Aug. 16, 2011. Amended: Filed Jan. 27, 2014, effective Aug. 30, 2014.

Amended: Filed Jan. 18, 2024, effective Aug. 30, 2024. Amended:

Filed Dec. 15, 2025, effective July 30, 2026.

5 CSR 20-500.150 Eligibility {#sec-5-csr-20-500.150 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-500.150}

PURPOSE: This rule establishes the eligibility requirements for applicants of services through Vocational Rehabilitation, Office of Adult Learning and Rehabilitation Services, Department of Elementary and Secondary Education pursuant to the Rehabilitation Act of 1973 as amended and 34 CFR section 361.42.

(1) Vocational Rehabilitation (VR) may only provide services to an individual who— (A) Has a diagnosis of disability determined by a qualified professional who is licensed or certified in Missouri or in another state as approved by VR and in accordance with applicable state law and/or regulation;

(B) Has been determined to have a physical or mental impairment that constitutes or results in a substantial impediment to employment, and who can benefit from an employment outcome;

(C) Has been determined by a qualified vocational rehabilitation counselor of VR that the individual requires vocational rehabilitation services to prepare for, secure, retain, advance in, or regain employment that is consistent with the individual’s unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice;

(D) Is a Missouri resident, though a duration of residency requirement may not be imposed;

(E) Is authorized to work in the United States.

(2) Eligibility for services shall be determined pursuant to the federal act and/or applicable regulations and shall include the following qualifications:

(A) All referrals, applicants, and eligible individuals who meet the required eligibility requirements set by the Missouri Rehabilitation Services for the Blind (MRSB) will be referred to and served by MRSB; and (B) Individuals who are deaf, late-deafened, or hard of hearing must be evaluated by a certified audiologist or a physician skilled in diseases of the ear. Eligibility criteria for individuals with a hearing loss are based upon standards developed by the American Speech-Language-Hearing Association.

1. The following standards will be considered when determining eligibility:

A. An individual must have a diagnosis at a minimum of a mild to moderate hearing loss in both ears and functional limitations as a result of the hearing loss; and B. Pure tone average speech receptions, speech discrimination, and decibel loss at frequencies above 2000Hz.

(3) 34 CFR section 361.42 is hereby incorporated by reference and made part of this rule as published by the U.S. Government Publishing Office, 732 N. Capitol Street NW, Washington, DC 20401-0001, in January 2024. Copies of this regulation can also be obtained from the Department of Elementary and Secondary Education, Office of Adult Learning and Rehabilitation 2016.* This rule previously filed as 5 CSR 90-4.200. Original rule 500.150, effective Aug. 16, 2011. Amended: Filed Jan. 27, 2014, effective Aug. 30, 2014. Amended: Filed Jan. 18, 2024, effective Aug. 30, 2024.

5 CSR 20-500.160 Order of Selection for Services {#sec-5-csr-20-500.160 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-500.160}

PURPOSE: This rule establishes the order of selection for vocational rehabilitation (VR) services if Vocational Rehabilitation, Office of Adult Learning and Rehabilitation Services, Department of Elementary and Secondary Education, cannot provide services to all eligible individuals with disabilities in the state of Missouri pursuant to the Rehabilitation Act of 1973 as amended, 34 CFR

section 361.5(c)(5)(i)(A)(2), and 34 CFR section 361.36.

(1) The following definitions apply to this rule:

(A) Individual with the most significant disability. An individual with a significant disability who is seriously limited in three (3) or more of the following functional areas:

1. Self-care;

2. Communication;

3. Mobility;

4. Self-direction;

5. Work tolerance;

6. Work skills; and/or 7. Interpersonal skills;

(B) Individual with a significant disability. An individual with a disability— 1. Who has a severe physical or mental impairment that seriously limits one (1) or two (2) functional capacities in terms of an employment outcome such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, and/or work skills;

2. Who can be expected to require multiple VR services over an extended period of time; and 3. Who has one (1) or more physical or mental disabilities resulting from amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, developmental disability, mental illness, multiple sclerosis, muscular dystrophy, musculoskeletal disorders, neurological disorders (including stroke or epilepsy), spinal cord conditions (including paraplegia or quadriplegia), sickle cell anemia, specific learning disability, end-stage renal disease, another disability, or combination of disabilities determined on the basis of an assessment for determining eligibility and VR needs to cause comparable substantial functional limitation; or (C) All other eligible individuals with a disability.

(2) In the event VR services cannot be provided to all eligible individuals with disabilities in the state of Missouri, VR will implement a statewide order of selection. In accordance with the following priority categories, individuals with the most significant disabilities will be selected first for the provision of VR services. Services shall be provided based upon the eligible individual’s placement in one (1) of the following category priorities:

(A) Priority Category I—An individual with the most significant disability as defined above;

(B) Priority Category II—An individual with a significant disability as defined above; or (C) Priority Category III—All other eligible individuals with a disability.

(3) An eligible individual will be placed in the appropriate priority category and receive written notification of the assigned priority category. The eligible individual’s date of application will be used to determine the order of services within a priority category.

(4) An eligible individual will be notified of their right to appeal their category assignment.

(5) All funding arrangements for providing services, including any third-party arrangements and awards by VR shall be consistent with the order of selection. If any funding arrangements are inconsistent with the order of selection, VR shall renegotiate these funding arrangements so that they are consistent with the order of selection.

(6) Eligible individuals who are in a priority category that is not open shall be provided accurate VR information and guidance (including counseling and referral for job placement) using appropriate modes of communication to assist them in preparing for, securing, retaining, advancing in, or regaining employment. These individuals will also be referred to other appropriate federal and state programs, including the statewide workforce development system.

(7) Individuals being referred to appropriate programs, as mentioned above, shall be provided the following:

(A) A notice of the referral to the agency carrying out the program;

(B) Information identifying a specific point of contact within the agency to which the individual is being referred; and (C) Information and advice regarding the most suitable services to assist the individual to prepare for, secure, retain, advance in, or regain employment.

(8) Eligible individuals who are at immediate risk of losing employment and require specific services or equipment to maintain employment are not subject to the order of selection for only those specific services or equipment necessary to maintain employment.

(A) Eligible individuals remain in the order of selection for the purpose of receiving any other VR services not related to an immediate risk of losing employment.

(9) An eligible individual’s placement in a priority category may be changed under justifiable circumstances.

(10) Rationale for placement will appear in the individual’s case file.

(11) The order of selection shall in no way affect the provision or authorization of an assessment or diagnostic evaluation/ service needed to determine eligibility.

(12) Services authorized or provided to any eligible individual shall not be disrupted as a result of an order of selection or the closing of a priority category.

(13) The order of selection shall in no way affect eligible individual’s access to services provided through VR’s information and referral system.

(14) The order of selection shall in no way affect the provision of pre-employment transition services to students with disabilities who were receiving such services prior to being determined eligible for VR and were placed in a closed category.

(15) 34 CFR section 361.5(c)(5)(i)(A)(2) and 34 CFR section 361.36 are hereby incorporated by reference and made part of this

rule as published by the U.S. Government Publishing Office, 732 N. Capitol Street NW, Washington, DC 20401-0001, in January 2024. Copies of these regulations can also be obtained from the 2016.* This rule previously filed as 5 CSR 90-4.300. Original rule filed Dec. 17, 1999, effective Aug. 30, 2000. Amended: Filed Aug. 13, 2002, effective March 30, 2003. Moved to 5 CSR 20-500.160, 30, 2014. Amended: Filed Jan. 18, 2024, effective Aug. 30, 2024.

5 CSR 20-500.170 Appeals {#sec-5-csr-20-500.170 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-500.170}

PURPOSE: This rule establishes the procedures for appeal by an applicant or eligible individual dissatisfied with a determination made regarding the provision of services by Vocational

section 361.57.

(1) An applicant or eligible individual will be informed of their right to a due process hearing and/or mediation— (A) Upon application for vocational rehabilitation (VR) services;

(B) If they are determined ineligible for services;

(C) Assigned to a category in the order of selection;

(D) When the Individualized Plan for Employment (IPE) is developed or executed; or (E) If there is a reduction, suspension, or cessation of VR services.

(2) If an applicant or eligible individual is dissatisfied with any determination made by VR regarding the provision of services, the applicant or eligible individual may request an informal review, a due process hearing, or mediation.

(3) When an applicant or eligible individual is dissatisfied with any determination made by VR regarding the provision of services, the applicant or eligible individual will be informed in writing about the client assistance program.

(4) VR will not suspend, reduce, or terminate services provided to an eligible client under an existing IPE pending a decision from an informal review, a due process hearing, or a written mediation agreement, unless the eligible individual or the individual’s representative requests in writing that services be suspended, reduced, or terminated.

(5) 34 CFR section 361.57 is hereby incorporated by reference RSMo 2016.* This rule previously filed as 5 CSR 90-4.400. Original 20-500.170, effective Aug. 16, 2011. Amended: Filed Jan. 27, 2014, effective Aug. 30, 2014. Amended: Filed June 14, 2024, effective Jan. 30, 2025.

5 CSR 20-500.180 Informal Review {#sec-5-csr-20-500.180 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-500.180}

PURPOSE: This rule establishes the procedures for informal review of a decision made by Vocational Rehabilitation, Office of Adult and Secondary Education pursuant to the Rehabilitation Act of 1973 as amended, and 34 CFR Part 361.57(c).

(1) The applicant or eligible individual may request an informal review in writing or verbally to the respective district office supervisor.

(2) The district supervisor or regional manager will conduct an informal review within twenty (20) days from receipt of the applicant’s or eligible individual’s request.

(3) An applicant or eligible individual may request a due process hearing or mediation without informal review.

(4) If the informal review is not successful, a formal due process hearing will be conducted within sixty (60) days from the applicant or eligible individual’s request for informal review unless both parties agree to a specified time extension.

(5) The applicant or eligible individual will be informed of the results of their informal review in writing and the right to a due process hearing or mediation.

(6) 34 CFR Part 361.57(c) is hereby incorporated by reference 2016.* This rule previously filed as 5 CSR 90-4.410. Original rule 27, 2003, effective Oct. 30, 2003. Moved to 5 CSR 20-500.180, 30, 2014. Amended: Filed June 14, 2024, effective Jan. 30, 2025.

5 CSR 20-500.190 Due Process Hearing {#sec-5-csr-20-500.190 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-500.190}

PURPOSE: This rule establishes the procedures for due process hearings for applicants or eligible individuals dissatisfied with a determination made regarding the provision of services by Vocational Rehabilitation, Office of Adult Learning and Rehabilitation Services, Department of Elementary and Secondary Education pursuant to the Rehabilitation Act of 1973 as amended, and 34 CFR section 361.57(e), (f), and (g).

(1) An applicant or eligible individual may request a due process hearing without informal review or mediation.

(2) An applicant or eligible individual may request a due process hearing in writing or by personally contacting the Vocational Rehabilitation (VR) Central Office.

(3) The assistant commissioner of the Office of Adult Learning and Rehabilitation Services or his/her designee will schedule a hearing and assign an impartial hearing officer to hear the matter.

(4) A hearing will be held within sixty (60) days of the request unless an informal resolution or a mediation agreement is achieved prior to the sixtieth day or the applicant, the eligible individual, or VR requests and agrees to a specified time extension.

(5) A hearing will be conducted as a contested case pursuant to the provisions of Chapter 536, RSMo.

(6) The applicant or the eligible individual or, if appropriate, the individual’s guardian or other representative of the applicant or the eligible individual will be allowed an opportunity to present additional evidence, information, and witnesses during the due process hearing.

(7) Copies of all correspondence, reports of contact, and written decisions rendered by the impartial hearing officer shall be placed in the applicant’s or the eligible individual’s case file.

(8) The impartial hearing officer will make a decision, including findings of fact and conclusions of law, based upon the provisions of the approved state plan, the federal act and/ or applicable regulations, and appropriate state law and/ or regulations. A written report from the impartial hearing officer will be submitted to the applicant or eligible client or, if appropriate, the individual’s guardian or other representative, and to the assistant commissioner within thirty (30) days of completion of the due process hearing.

(9) Within twenty (20) days of the mailing of the impartial hearing officer’s written decision, either party may request in writing a review of the written decision by the commissioner of the Department of Elementary and Secondary Education (department), or his/her designee.

(10) The commissioner or designee shall provide an opportunity for submission of additional evidence and information relevant to a final decision. The commissioner may not delegate the responsibility for reviewing the written decision of the impartial hearing officer to any VR staff.

(11) The commissioner or designee shall not overturn or modify the impartial hearing officer’s decision, or part of the decision supporting the position of the applicant or eligible individual, unless the reviewing official determines, based upon clear and convincing evidence, that the decision of the impartial hearing officer is clearly erroneous on the basis of being contrary to the approved state plan, the federal act and/or applicable regulations, or the appropriate state law and/or regulations.

(12) The commissioner or designee shall provide a written final findings of fact and conclusions of law to the applicant or eligible individual or, if appropriate, the applicant’s representative and VR within thirty (30) days of the request for administrative review.

(13) A decision of the commissioner or designee constitutes notice of a final decision on the matter by the department.

(14) 34 CFR section 361.57(e), (f), and (g) is hereby incorporated by reference and made part of this rule as published by the U.S. Government Publishing Office, 732 N. Capitol Street NW, Washington, DC 20401-0001, in June 2024.

Copies of this regulation can also be obtained from the Department of Elementary and Secondary Education, Office of Adult Learning and Rehabilitation Services, 205 Jefferson Street, PO Box 480, Jefferson City, MO 65102-0480 and at https://dese.mo.gov/governmental-affairs/deseadministrative-rules/incorporated-reference-materials. This

rule does not incorporate any subsequent amendments or 2016.* This rule previously filed as 5 CSR 90-4.420. Original rule 27, 2003, effective Oct. 30, 2003. Moved to 5 CSR 20-500.190, 30, 2014. Amended: Filed June 14, 2024, effective Jan. 30, 2025.

5 CSR 20-500.200 Mediation {#sec-5-csr-20-500.200 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-500.200}

PURPOSE: This rule establishes the procedures for mediation for applicants or eligible individuals dissatisfied with a determination made regarding the provision of services by Vocational pursuant to the Rehabilitation Act of 1973 as amended, and 34 CFR

section 361.57(d).

(1) The applicant or eligible individual may request mediation regarding disputes involving any determination by Vocational Rehabilitation (VR) that affects the provision of services. This request may be made in writing or by contacting the VR Central Office. Mediation will be held within sixty (60) days of the request unless an informal resolution is achieved prior to the sixtieth day or both parties agree to a specified time extension.

Mediation is voluntary on the part of both the individual and VR.

(2) The assistant commissioner of the Office of Adult Learning and Rehabilitation Services or his/her designee will assign a mediator agreed to by both VR and the applicant or eligible individual.

(3) An agreement reached by the parties as a result of mediation shall be set forth in writing.

(4) A written mediation agreement shall be provided to the applicant or eligible individual or, if appropriate, the individual’s guardian or other representative, and to the assistant commissioner within thirty (30) days of completion of the mediation process.

(5) All discussions occurring during the mediation process shall be confidential and not used as evidence in any subsequent due process hearing or civil proceeding. Parties may be required to sign a confidentiality pledge prior to the commencement of mediation.

(6) An applicant or eligible individual may request mediation without informal review or a due process hearing.

(7) Mediation will not be used to deny or delay an individual’s due process hearing.

(8) 34 CFR Part 361.57(d) is hereby incorporated by reference 2016.* This rule previously filed as 5 CSR 90-4.430. Original rule 500.200, effective Aug. 16, 2011. Amended: Filed Jan. 27, 2014, effective Aug. 30, 2014. Amended: Filed June 14, 2024, effective Jan. 30, 2025.

5 CSR 20-500.210 Services {#sec-5-csr-20-500.210 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-500.210}

PURPOSE: This rule establishes the standards for vocational rehabilitation services through Vocational Rehabilitation, Office of Adult Learning and Rehabilitation Services, Department of Elementary and Secondary Education, for individuals with disabilities pursuant to the Rehabilitation Act of 1973 as amended and 34 CFR section 361.48; 34 CFR section 361.53(a), (b), and (c); and 34 CFR section 361.54.

(1) Vocational rehabilitation services as defined in the federal act and/or applicable regulations may be provided to individuals.

(A) The following vocational rehabilitation services as defined in the federal act and/or applicable regulations may be provided to eligible individuals based upon their financial need and the nature and scope of services in their individualized plan for employment (IPE):

1. Physical and/or mental restoration, including but not limited to hospitalization, medical treatment, surgery, dentistry, and prosthesis;

2. Training, including tuition, fees, books, supplies, training materials, and other services associated with training;

3. Maintenance;

4. Transportation;

5. Placement tools, including initial stock and supplies associated with placement;

6. Self-employment;

7. Rehabilitation technology service, including assistive technology devices and services to assist the individual to achieve an employment outcome;

8. Home modification or remodeling;

9. Vehicle modification;

10. Services to family members to assist the individual to achieve an employment outcome;

11. Note-taking services, not involving sign language interpretation; and/or 12. Other goods and services not listed above to assist the individual to achieve an employment outcome.

(B) Financial need is based upon the individual’s adjusted gross income level of the most recent tax records less unreimbursed disability-related expenses as approved by Vocational Rehabilitation (VR) and compared to one hundred eighty-five percent (185%) of the U.S. Department of Health and Human Services poverty level for Missouri and the Consumer Price Index as updated on an annual basis.

(C) Individuals who are above one hundred eighty-five percent (185%) of the U.S. Department of Health and Human Services poverty level for Missouri and the Consumer Price Index as updated on an annual basis, and do not receive any services based upon financial need as listed in this subsection, may receive an annual fixed amount as determined by VR, to be applied toward tuition costs, books, fees, or required supplies for training services only. This amount may be authorized by VR for a twelve- (12-) month period of time on an annual basis, beginning on the date of services listed on the IPE.

(D) The following vocational rehabilitation services as defined in the federal act and/or applicable regulations may be provided to individuals regardless of financial need:

1. Medical diagnostic services, including medical and surgical examination; psychiatric evaluation; dental examination; inpatient hospitalization for specific identified vocational rehabilitation diagnostic and evaluation services including room, board, and other services provided by the facility; clinical laboratory tests, diagnostic x-ray procedures, and other medically recognized diagnostic services;

2. Psychological diagnostic services including psychological tests and measurements, intelligence tests, achievement tests, assessment of social functioning, educational achievement, and other recognized diagnostic services;

3. Social and vocational diagnostic services including evaluation of the individual’s employment opportunities and objectives in light of personality factors, intelligence level, educational achievements, work experience, vocational aptitudes and interests, and personal and social adjustment;

4. Maintenance when required to enable the individual to participate in an assessment or diagnostic evaluation in order to determine eligibility and vocational rehabilitation needs;

5. Transportation when required to enable an individual to participate in an assessment or diagnostic evaluation in order to determine eligibility and vocational rehabilitation needs;

6. Assessment for determining eligibility and vocational rehabilitation needs;

7. Vocational rehabilitation counseling and guidance, including information and support services to assist an individual in exercising informed choice;

8. Interpreter services for deaf or non-English speaking individuals when necessary to participate in a rehabilitation plan. Note-taking services that include interpreter services are not based upon the individual’s financial need;

9. Job search and job placement services necessary to assist an individual in locating employment opportunities and obtaining suitable employment to include job development, job retention, follow-up services, follow-along services, on-thejob training fees, apprenticeship training fees, employment services, and supported employment services, including customized employment and individual placement with supports, to provide short- or long-term job coaching in order to assist an individual in learning job-related skills required to meet a vocational goal (All other need-based services required during the training such as maintenance and transportation will be based on financial need);

10. Personal assistance services required to enable the individual to participate in the rehabilitation plan; and/or 11. Referral and other services necessary to assist in securing needed services from other agencies/programs, including other components of the state-wide workforce development system.

(2) Individuals must use and make application for all available comparable services, including but not limited to federal and state financial aid, which will be used to reduce the costs of services for VR. Other comparable services, including Medicaid, Medicare, and insurance, will also be used by VR to reduce the costs of services.

(A) Prior to providing any services to an individual, VR will determine whether comparable services or benefits are available under any other program, except in the following instances:

1. When a determination would delay or interrupt the progress of the individual toward achieving the employment outcome identified in the IPE;

2. When a determination would delay or interrupt an immediate job placement; or 3. When a determination would delay or interrupt the provision of a service to any individual at extreme medical risk.

(B) The following vocational rehabilitation services are exempt from a determination of the availability of comparable services and benefits:

1. Rehabilitation technology, including telecommunications, sensory, and other technological aids and devices, to assist the individual to achieve an employment outcome;

2. Counseling and guidance, including information and support services to assist an individual in exercising informed choice;

3. Assessment for determining eligibility and vocational rehabilitation needs;

4. Job-related services, including job search and placement assistance, job retention services, follow-up services, and follow-along services;

5. Referral and other services necessary to assist in securing needed services from other agencies/programs, including other components of the state-wide workforce development system; and 6. Post-employment services that include services listed in paragraphs (2)(B)1.-5.

(3) VR funds may not be used for the purchase of the following:

(A) Real property, defined as land, including land improvements, structures and appurtenances thereto, excluding moveable machinery or equipment; and/or (B) Automobile, truck, van, airplane, boat, other powered vehicle, or trailer that requires title and/or licensing by the state.

(4) VR will follow all Missouri procurement policies as specified in the Revised Statutes of Missouri for the purchase, retention, repossession, and discarding of items including but not limited to prosthetic appliances; home modifications; vehicle modifications; initial tools, stock, and equipment; and/or rehabilitation technology/devices.

(5) 34 CFR section 361.48; 34 CFR section 361.53(a), (b), and (c); and 34 CFR section 361.54 are hereby incorporated by reference 20401-0001, in June 2023. Copies of these regulations can also be 2016.* This rule previously filed as 5 CSR 90-5.400. Original rule filed Dec. 17, 1999, effective Aug. 30, 2000. Amended: Filed Dec. 7, 2000, effective July 30, 2001. Amended: Filed June 30, 2004, effective Jan. 30, 2005. Moved to 5 CSR 20-500.210, effective Aug. 16, 2011. Amended: Filed June 9, 2023, effective Jan. 30, 2024.

5 CSR 20-500.220 Fees {#sec-5-csr-20-500.220 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-500.220}

PURPOSE: This rule establishes fees paid by Vocational Rehabilitation, Office of Adult Learning and Rehabilitation Services, Department of Elementary and Secondary Education for services for individuals with disabilities pursuant to the Rehabilitation Act of 1973 as amended and 34 CFR section 361.50(c).

(1) Certain fees may be paid by Vocational Rehabilitation (VR).

However, if the usual and customary fee charged for the service is less than an amount listed, the usual and customary fee is the maximum that will be paid. No additional moneys can be collected from the applicant or eligible individual. The fees are as follows:

(A) Hospitalization Fees: Daily per diem rate established by Missouri Medicaid;

(B) Surgical and Medical Fees: Medicare formula for surgery and related services as approved by the assistant commissioner of VR, or if the service is not covered by Medicare, then the rate will be the usual and customary fee as approved by the assistant commissioner of VR;

(C) Psychological Diagnostic Fees: Usual and customary fees as approved by the assistant commissioner of VR;

(D) Dental Fees: Medicare rates as approved by the assistant commissioner of VR, or if the service is not covered by Medicare, then the rate will be the usual and customary fee as approved by the assistant commissioner of VR;

(E) Community Rehabilitation and Supported Employment Programs: Evaluation of a cost analysis report for each program with the fees approved by the assistant commissioner of VR; and/or (F) Interpreter Services: Usual and customary fees approved by the assistant commissioner of VR.

(2) The maximum fee which may be paid by VR for any services or entity not listed above is the usual and customary fee for said service or entity as approved by the assistant commissioner of VR.

(3) 34 CFR section 361.50(c) is hereby incorporated by reference 20401-0001, in June 2023. Copies of this regulation can also be 2016.* This rule previously filed as 5 CSR 90-5.410. Original rule 27, 2003, effective Oct. 30, 2003. Moved to 5 CSR 20-500.220, effective Aug. 16, 2011. Amended: Filed June 15, 2023, effective Jan. 30, 2024.

5 CSR 20-500.230 Maintenance and Transportation {#sec-5-csr-20-500.230 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-500.230}

PURPOSE: This rule establishes the standards for maintenance and transportation services provided by Vocational Rehabilitation, of Elementary and Secondary Education, for eligible individuals with disabilities pursuant to the Rehabilitation Act of 1973 as amended and 34 CFR section 361.5(c)(34) and (56).

(1) Definitions.

(A) Maintenance—monetary support authorized and provided by Vocational Rehabilitation (VR) to an individual that is in excess of the normal expenses of the individual and that is necessitated by the individual’s participation in an assessment for determining eligibility and vocational rehabilitation needs or the individual’s receipt of VR services under an individualized plan for employment (IPE).

(B) Transportation—the necessary travel and related expenses, authorized and provided by VR, to enable an applicant or eligible individual to participate in a VR service, including expenses for training in the use of public transportation vehicles and systems.

(2) VR may provide the following maintenance and transportation services to applicants or eligible individuals regardless of the individual’s financial need:

(A) Maintenance. When an applicant or eligible individual is required to leave his or her domicile and travel to participate in an assessment or diagnostic evaluation— 1. VR will authorize a reasonable rate for lodging when travel of forty-five (45) miles or more one (1) way is required and overnight accommodations are necessary. VR may use a national web-based platform to determine the reasonable rate for lodging. The platform must use rates established by the General Services Administration (GSA);

2. VR will authorize a reasonable meal per diem rate. VR may use a web-based platform to determine the reasonable meal per diem rate. The platform must use rates established by the Missouri Office of Administration; and (B) Transportation. When required to enable an applicant or eligible individual to participate in an assessment or diagnostic evaluation— 1. VR will authorize a reasonable rate for mileage. VR may use a web-based platform to determine the reasonable rate for mileage. The platform must use rates established by the Missouri Office of Administration; or 2. VR will authorize reasonable modes of transportation, such as a taxi, bus, or ridesharing service, when mileage reimbursement is not feasible.

(3) VR may provide maintenance and transportation services to eligible individuals based on their financial need and the nature and scope of services necessary for their individualized needs. VR will not pay maintenance or transportation when the eligible individual is no longer participating in the services on the current IPE. VR will not authorize maintenance to an individual for online training, during convalescent care, or hospitalization. VR may provide the following maintenance and transportation services to eligible individuals:

(A) Maintenance. VR may provide maintenance under the following circumstances and guidelines:

1. When required for the eligible individual to travel, but not relocate, in order to participate in services on the individual’s IPE— A. VR will authorize a reasonable rate for lodging when travel of forty-five (45) miles or more one (1) way is required and overnight accommodations are necessary. VR may use a national web-based platform to determine the reasonable rate for lodging. The platform must use rates established by the GSA; and B. If an eligible individual is required to travel to participate in services, VR may authorize meal costs at a reasonable meal per diem rate. VR may use a web-based platform to determine the reasonable meal per diem rate. The platform must use rates established by the Missouri Office of Administration;

2. When required for the eligible individual to leave his or her domicile and relocate forty-five (45) miles or more one (1) way to participate in services on the individual’s IPE— A. VR may use a national web-based platform to determine the reasonable rate for housing and utilities. The platform for housing must use rates that are established by the U.S. Department of Housing and Urban Development, and the platform for utilities must use rates that are established by the Bureau of Labor Statistics;

B. If an eligible individual is required to relocate in order to participate in services, VR may authorize a reasonable weekly rate, which includes food and other basic necessities.

VR may use a web-based platform to determine the reasonable weekly rate. The platform must use rates established by the U.S.

Department of Agriculture and the Bureau of Labor Statistics;

C. VR may assist with the cost of on-campus room and board during postsecondary training; and D. VR may authorize placement maintenance in association with an IPE for an eligible individual who requires relocation for job placement or job seeking; and 3. VR may authorize the purchase of uniforms/clothing for an eligible individual if it is necessary for participation in services under an IPE; and (B) Transportation assistance. The provision of transportation assistance requires the individual to attend the nearest available primary service location.

1. VR will authorize a reasonable rate for mileage. VR may use a web-based platform to determine the reasonable rate for mileage. The platform must use rates established by the Missouri Office of Administration.

2. VR will authorize reasonable means of transportation, such as a taxi, bus, or ridesharing service, when mileage reimbursement is not feasible.

3. If the eligible individual elects to obtain primary rehabilitation services at a location not within forty-five (45) miles one (1) way of his or her domicile and the services are available within commuting distance, the eligible individual is responsible for all costs exceeding those calculated at the rate of the commuting distance service location.

4. VR may authorize air travel when significant impairment necessitates such mode of travel or when the overall cost to VR would be more cost-effective than authorizing mileage reimbursement.

(4) 34 CFR section 361.5(c)(34) and (56) is hereby incorporated by reference and made part of this rule as published by the U.S. Government Publishing Office, 732 North Capitol Street NW, Washington, DC 20401-0001, February 2023; and of Adult Learning and Rehabilitation Services, Vocational Rehabilitation Maintenance and Transportation Rates at https://dese.mo.gov/vr-maintenance-and-transportation-rates as published February 2023. Copies of the regulation and pages from the referenced website can also be obtained from the 2016.* This rule previously filed as 5 CSR 90-5.420. Original rule 27, 2003, effective Oct. 30, 2003. Moved to 5 CSR 20-500.230, effective Aug. 16, 2011. Amended: Filed Feb. 10, 2023, effective Sept. 30, 2023.

5 CSR 20-500.240 Physical and Mental Restoration {#sec-5-csr-20-500.240 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-500.240}

PURPOSE: This rule establishes the standards for physical and mental restoration services provided by Vocational Rehabilitation, of Elementary and Secondary Education for individuals with disabilities pursuant to the Rehabilitation Act of 1973 as amended and 34 CFR sections 361.5(c)(39) and 361.48(b)(5).

(1) The following physical and/or mental restoration services as defined in the federal act and/or applicable regulations may be provided to applicants or eligible individuals based upon financial need:

(A) Hospital services for eligible individuals shall be provided from an instate hospital accredited by the Joint Commission on Accreditation of Hospitals (JCAH) or by the American Osteopathic Association and licensed by the Missouri Department of Health. Preference will be given to hospitals having fifty (50) or more beds and well-developed surgical and specialty services.

1. Hospital services for eligible individuals from an out-ofstate hospital may be paid according to Missouri Vocational Rehabilitation (VR) established rates;

(B) Surgical services for eligible individuals may be provided upon approval by VR when necessary to correct or substantially modify a physical or mental impairment, which is stable or slowly progressive and constitutes a substantial impediment to employment. The condition must be of such a nature that correction or modification may be reasonably expected to eliminate or substantially reduce the impediment to employment within a reasonable length of time;

(C) Hearing aids may only be provided from a Missouri licensed hearing aid dealer upon the recommendation of a Missouri physician specializing in diseases of the ear or a Missouri certified audiologist. The specific make and model of hearing aids must be included in the recommendation.

All licenses or certifications must be valid, unencumbered, unrestricted, and undisciplined.

1. Prior to purchase authorization, VR will— A. Consult with the physician or audiologist to determine feasibility of any repair or reconditioning of an existing aid;

B. Allow for the eligible individual’s preference of vendor whenever possible; and C. Ensure that the quality of aid, accessories, service, basic warranty, and cost effectiveness are evaluated; and/or (D) Individuals with mental illness may be referred to the Missouri Department of Mental Health or other mental health providers as a comparable service. Psychotherapy services may be authorized when required for the eligible individual to begin or continue a rehabilitation plan under the following conditions:

1. The need for psychotherapy is clearly related to the expected employment outcome and recommended by a Missouri licensed psychiatrist or psychologist;

2. An Individualized Plan for Employment (IPE) must have been developed or be in the process of development to provide services leading to the attainment of the vocational goal;

3. The eligible individual meets VR’s financial need guidelines;

4. The provider must be a Missouri licensed psychiatrist, psychologist, clinical social worker, or professional counselor.

The provider must possess a valid, unencumbered, unrestricted, and undisciplined Missouri license; and 5. Psychotherapy may be authorized for a period up to three (3) months. An additional three (3) months of therapy may be approved if the therapist feels that the consumer is making satisfactory progress that will lead to the attainment of the vocational goal specified on the IPE.

(2) 34 CFR sections 361.5(c)(39) and 361.48(b)(5) is hereby incorporated by reference and made part of this rule as published by the U.S. Government Publishing Office, 732 North Capitol Street NW, Washington, DC 20401-0001, in June 2023. Copies of this regulation can also be obtained from the Department of Elementary and Secondary Education, Office of Adult Learning and Rehabilitation Services, 205 Jefferson Street, PO Box 480, Jefferson City, MO 65102-0480 and at https://dese. mo.gov/governmental-affairs/dese-administrative-rules/incorporated-reference-materials. This rule does not incorporate any RSMo 2016.* This rule previously filed as 5 CSR 90-5.430. Original 20-500.240, effective Aug. 16, 2011. Amended: Filed June 15, 2023, effective Jan. 30, 2024.

5 CSR 20-500.250 Training {#sec-5-csr-20-500.250 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-500.250}

PURPOSE: This rule establishes the standards for training services provided by Vocational Rehabilitation, Office of Adult Learning and Rehabilitation Services, Department of Elementary and Secondary Education for eligible individuals with disabilities

section 361.48(b)(6).

(1) The following training services as defined in the federal act and/or applicable regulations and 5 CSR 20-500.370 may be provided to eligible individuals based upon financial need:

(A) College, vocational, or proprietary training at an accredited institution may be provided to assist eligible individuals in reaching objectives that are within the scope of their functional limitations, interests, aptitudes, and abilities.

1. Eligible individuals must be enrolled in and satisfactorily complete courses that constitute a normal course load for fulltime students unless circumstances, as approved by Vocational Rehabilitation (VR), indicate a need for a reduced course load.

2. Colleges, universities, vocational, or proprietary schools must comply with the provisions found in 5 CSR 20-500.370.

3. For eligible individuals enrolled in college, the cost of education will be calculated as follows:

A. For eligible individuals with fewer than sixty (60) college credits who are enrolled in a Missouri tax-supported two (2) year college, the cost of tuition and fees will be calculated at the actual cost of that institution;

B. For eligible individuals with fewer than sixty (60) college credit hours who are enrolled in a Missouri taxsupported four- (4-) year college, a private college, or an outof-state college, the cost of tuition and fees will be calculated at the cost of the nearest Missouri tax-supported two- (2-) year community college within forty-five (45) miles of the eligible individuals’ permanent domiciles; or C. For eligible individuals with fewer than sixty (60) college credit hours without a two- (2-) year college within forty-five (45) miles of the eligible individuals’ permanent domiciles, the cost of tuition and fees will be calculated at the VR-established tuition rate, or the actual cost of the institution, whichever is less. The VR-established tuition rate is calculated using the University of Missouri-Columbia’s per credit hour, student activity, and technology fees for the current academic year.

4. For eligible individuals with sixty (60) or more college credit hours enrolled in a Missouri tax-supported four- (4-) year college, the cost of tuition and fees will be calculated at the actual cost of that institution.

5. For eligible individuals with sixty (60) or more college credit hours enrolled in a private college or out-of-state college, the cost of tuition and fees will be calculated at the VR-established tuition rate or the actual cost of that institution, whichever is less.

6. For eligible individuals enrolled in proprietary degree or certificate programs in Missouri, the cost of the training is based upon the nearest Missouri tax-supported two- (2-) year college within forty-five (45) miles of the eligible individuals’ permanent domiciles, the VR-established tuition rate or actual cost of training, whichever is less.

7. All primary rehabilitation services (e.g., tuition and fees) and secondary rehabilitation services (e.g., maintenance, transportation, books, and supplies), which are determined to be necessary for the eligible individual to attend training, will be provided in the most cost-effective manner. The following are exceptions:

A. The specific job objective, which the eligible individual is seeking, is not available at the nearest Missouri tax-supported two- (2-) or four- (4-) year college; and/or B. The nearest Missouri tax-supported two- (2-) or four- (4-) year college does not provide appropriate services for the eligible individual’s disability-related needs.

8. Any change in the Individualized Plan for Employment’s vocational goals, service, or vendor involving college, vocational, or proprietary training must be agreed to and signed by the eligible individual and approved by VR.

9. The eligible individual is responsible for the cost of the tuition and/or required textbooks when a credit or refund has been obtained or courses are dropped, withdrawn, and/ or retaken due to poor grades, unless the eligible individual’s reason for withdrawing, dropping, and/or failing a course is disability-related.

10. The eligible individual and/or parents must complete VR’s Financial Application. The eligible individual and/or parents must apply for all applicable federal grants in the Free Application for Federal Student Aid (FAFSA) and any available financial aid. If an eligible individual is awarded any tax-based federal or state grant(s), the grant(s) will be used to reduce VR’s participation in the educational costs. Merit-based grants and scholarships can be used to reduce the eligible individual’s participation in the educational costs. Grants, scholarships, and VR funding cannot exceed the cost of education at that institution.

A. If the eligible individual participates in a work-study program or obtains student loans, money received from either may be used for educational costs not covered by VR.

11. The eligible individual is responsible for the cost of tuition, books, and supplies for elective courses that do not specifically apply to the eligible individual’s degree or program.

12. The eligible individual must acquire and maintain at least a minimum grade point average of 2.0 (based on a 4.0 point scale) or a 3.0 (based on a 5.0 point scale).

13. The eligible individual shall provide a grade report after each semester, quarter, trimester, etc., to VR that documents hours taken, hours completed, grades for each course, and grade point average;

(B) Tutorial training by VR-approved tutors may be authorized for eligible individuals needing training not offered by any other method.

1. The tutor must have the necessary qualifications to teach the required skills and sufficient time to devote to the selected course.

2. The tutor must be willing to make arrangements for time and place of instruction which will be convenient for the eligible individual and satisfactory to the conditions under which the client must live and train.

3. VR will authorize reasonable tuition for tutorial training and ensure that the objective of the training is commensurate with the cost; and/or (C) Books, training materials, tools, equipment, and/or initial stock may be purchased for an eligible individual when said materials are required for an eligible individual to successfully participate in training or job placement.

(2) The following training services as defined in the federal act and/or applicable regulations and 5 CSR 20-500.370 may be provided to eligible individuals regardless of financial need: on-the-job training fees, apprenticeship training fees, basic academic remedial or literacy training, job readiness training, disability-related skills training, customized training, and work-based learning experiences.

(3) 34 CFR section 361.48(b)(6) is hereby incorporated by reference and made part of this rule as published by the U.S.

Government Publishing Office, 732 North Capitol Street NW, Washington, DC 20401-0001, in April 2022. Copies of this

regulation can also be obtained from the Department of Elementary and Secondary Education, Office of Adult Learning and Rehabilitation Services, 205 Jefferson Street, PO Box 480, Jefferson City, MO 65102-0480 and at https://dese.mo.gov/governmental-affairs/dese-administrative-rules/incorporated-reference-materials. This rule does not incorporate any subsequent amendments or additions. 2016.* This rule previously filed as 5 CSR 90-5.440. Original rule filed Dec. 17, 1999, effective Aug. 30, 2000. Amended: Filed Dec. 7, 2000, effective July 30, 2001. Amended: Filed March 27, 2003, effective Oct. 30, 2003. Moved to 5 CSR 20-500.250, effective Aug. 16, 2011. Amended: Filed April 21, 2022, effective Dec. 30, 2022.

5 CSR 20-500.260 Home Modification and/or Remodeling {#sec-5-csr-20-500.260 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-500.260}

PURPOSE: This rule establishes the standards for home modification and remodeling services provided by Vocational Rehabilitation, of Elementary and Secondary Education for individuals with disabilities pursuant to the Rehabilitation Act of 1973 as amended and 34 CFR section 361.5(c)(45).

(1) Home modification and/or remodeling as defined in the federal act and/or applicable regulations may be provided to eligible individuals who meet the financial need guidelines.

The modifications should assist the eligible individual to live independently and participate in employment.

(2) The eligible individual or member of the eligible individual’s family must own the residence being modified or remodeled or be in the process of purchasing the residence. If the eligible individual resides in rental property, written permission from the eligible individual’s landlord must be obtained before authorizing the modifications to the rental property.

(3) 34 CFR section 361.5(c)(45) is hereby incorporated by reference Publishing Office, 732 N. Capitol St. NW, Washington, DC 20401-0001, August 2023. Copies of this regulation can also be 2016.* This rule previously filed as 5 CSR 90-5.450. Original rule 500.260, effective Aug. 16, 2011. Amended: Filed Aug. 29, 2023, effective March 30, 2024.

5 CSR 20-500.270 Vehicle Modification {#sec-5-csr-20-500.270 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-500.270}

PURPOSE: This rule establishes the standards for vehicle modification services provided by Vocational Rehabilitation, Office of Adult and Secondary Education for individuals with disabilities pursuant to the Rehabilitation Act of 1973 as amended and 34 CFR

section 361.5(c)(45) and 34 CFR section 361.48(b)(2)(17).

(1) Vehicle modification as defined in the federal act and/or applicable regulations may be provided to eligible individuals who meet the financial need guidelines.

(2) Eligible individuals may be required to participate in a driver’s evaluation provided by a qualified independent organization or individual, to determine the need for vehicle modification and/or adaptive equipment. The driver’s evaluation should reflect the minimum modification required for safe operation of the vehicle.

(3) Vocational Rehabilitation (VR) only authorizes vehicle modification(s) to enable the eligible individual to enter and exit the vehicle, ride in it, and operate it if necessary. Optional equipment, or modifications and accessories not required as indicated by a driver’s evaluation, will not be purchased by VR.

(4) The eligible individual or immediate family member/ guardian of the eligible individual must own the vehicle, capable of passing state inspection, prior to any vehicle modification. VR will not purchase an automobile, truck, van, airplane, boat, other powered vehicle, or trailer that requires title and/or licensing by the state.

(5) The eligible individual must have a valid driver’s license or permit. If the disability and resulting functional limitations have occurred since the driver’s license or permit was issued, the eligible individual should complete appropriate driver training. VR may assist in providing driver’s education training.

(6) The eligible individual is responsible for the following:

(A) Maintenance on the vehicle and adaptive equipment;

(B) Payment of the costs of the vehicle (including loan payments); and (C) Appropriate insurance coverage for the vehicle and modifications and all required city and state licenses.

(7) 34 CFR section 361.5(c)(45) and 34 CFR section 361.48(b)(2)

(17) are hereby incorporated by reference and made part of this

rule as published by the U.S. Government Publishing Office, 732 N. Capitol St. NW, Washington, DC 20401-0001, August 2023. Copies of this regulation can also be obtained from the 2016.* This rule previously filed as 5 CSR 90-5.460. Original rule filed Dec. 17, 1999, effective Aug. 30, 2000. Amended: Filed June 30, 2004, effective Jan. 30, 2005. Moved to 5 CSR 20-500.270, effective Aug. 16, 2011. Amended: Filed Aug. 29, 2023, effective March 30, 2024.

5 CSR 20-500.280 Self-Employment {#sec-5-csr-20-500.280 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-500.280}

PURPOSE: This rule establishes the standards for self-employment services provided by Vocational Rehabilitation, Office of Adult and Secondary Education for individuals with disabilities pursuant to the Rehabilitation Act of 1973 as amended and 34 CFR section 361.48(b)(19).

(1) Self-employment is a business operated by the client in which that individual performs, supervises, or subcontracts the major part of the product or service to be produced. Selfemployment is a vocational option that may be considered in the wide array of employment outcomes. Self-employment services must be agreed to by the eligible individual and approved by Vocational Rehabilitation (VR).

(2) Individualized Plans for Employment (IPE) that have an objective of self-employment require a VR-approved business plan.

(3) Self-employment businesses must comply with all applicable federal, state, local regulations and statutory requirements.

(4) VR may only contribute in purchasing of required business equipment, supplies, rent (up to six (6) months), or other start-up costs identified in an approved business plan for selfemployment.

(A) The client must contribute toward the cost of the planned services to the maximum of their abilities. The client must make application for all available comparable services, such as micro enterprise grants, Small Business Administration assistance, and Rural Missouri Incorporated assistance.

(B) The percentage of VR’s contribution will depend upon comparable services or client contributions toward the selfemployment plan as well as the overall cost of the planned services. VR may contribute as follows:

1. Identified start-up costs from one dollar to five thousand dollars ($1 to $5,000)—up to one hundred percent (100%) VR’s contribution;

2. Identified start-up costs from five thousand one dollars to ten thousand dollars ($5,001 to $10,000)—up to an additional fifty percent (50%) beyond VR’s initial contribution of five thousand dollars ($5,000);

3. Identified start-up costs of ten thousand one dollars and above ($10,001 and above)—up to an additional twenty-five percent (25%) beyond VR’s contribution listed above; and/or 4. All self-employment plans that exceed VR’s total contribution of ten thousand dollars ($10,000) must be reviewed and approved by the Self-Employment Review Team.

(5) VR funds cannot be used for the purchase of the following:

(A) Real property, defined as land, including land improvements, structures, and appurtenances thereto, excluding moveable machinery or equipment;

(B) Automobile, truck, van, airplane, boat, other powered vehicle, or trailer that requires title and/or licensing by the state;

(C) Live animals;

(D) Alcohol;

(E) Tobacco;

(F) Firearms and/or other weapons as defined in section 571.010, RSMo;

(G) Franchise fees and/or licenses for franchise rights;

(H) Marijuana;

(I) Materials or products associated with adult entertainment;

(J) Motorized farm equipment except for equipment necessary for the sole purpose of accommodating a disability; and (K) Liability insurance.

(6) VR will follow all Missouri procurement policies as specified in the Revised Statutes of Missouri for the purchase, retention, repossession, and discarding of items including but not limited to prosthetic appliances; home modifications; vehicle modifications; initial tools, stock, and equipment; and/or rehabilitation technology/devices.

(7) 34 CFR section 361.48(b)(19) is hereby incorporated by reference and made part of this rule as published by the U.S. Government Publishing Office, 732 N. Capitol St. NW, Washington, DC 20401-0001, August 2023. Copies of this

regulation can also be obtained from the Department of Elementary and Secondary Education, Office of Adult Learning and Rehabilitation Services, 205 Jefferson Street, PO Box 480, Jefferson City, MO 65102-0480 and at https://dese.mo.gov/ governmental-affairs/dese-administrative-rules/incorporatedreference-materials. This rule does not incorporate any 2016.* This rule previously filed as 5 CSR 90-5.470. Original rule filed June 30, 2004, effective Jan. 30, 2005. Moved to 5 CSR 20- 500.280, effective Aug. 16, 2011. Amended: Filed Aug. 29, 2023, effective March 30, 2024.

5 CSR 20-500.290 Centers for Independent Living {#sec-5-csr-20-500.290 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-500.290}

PURPOSE: This rule sets the standards and procedures for establishing and maintaining state-funded centers for independent living. H.B. 975 passed by the General Assembly April 20, 1988 states: “The division shall, in consultation with persons with disabilities, develop a plan to fund and maintain organizations meeting the guidelines set forth in sections 1 to 5 of the act for centers and establish and maintain new centers to assure services statewide.”

(1) Definitions. As used in this rule, except as otherwise required for the context— (A) Centers or centers for independent living mean community-based nonresidential programs designed to promote independent living for persons with disabilities;

(B) Division means the Division of Vocational Rehabilitation of the Department of Elementary and Secondary Education;

(C) Nonprofit corporation means a corporation in which no

part of the net earnings inures to the benefit of any private shareholder or individual and the income of which is exempt from taxation under 26 USCA section 501(c)(3);

(D) Person with a disability means any person who— 1. Has a physical or mental impairment which substantially limits one (1) or more of the person’s major life activities; or 2. Is regarded as having or has a record of such an impairment;

(E) Independent living philosophy means control over one’s life based upon the choice of acceptable options that minimize or eliminate reliance on others in making decisions and in performing everyday activities. This includes managing one’s affairs, participating in day-to-day life in the community, fulfilling a range of social roles and making decisions that lead to self-determination and the minimization or elimination of physical and psychological dependence on others.

(2) Funding. Subject to appropriations, the division will provide financial assistance in the form of grants to centers. Amounts of the grants and purposes for which the grants can be used shall be determined by the division. Funding for these centers will not be awarded to more than one (1) center in any city.

(3) Requirements. A center for independent living must be a community-based, not-for-profit organization. At least fifty-one percent (51%) of the board membership must be persons with disabilities. Also, at least fifty-one percent (51%) of the staff of the center shall be persons with disabilities. Programming shall be nonresidential and promote independent living. A center shall serve at least four (4) of the following types of disabilities:

(A) Mobility;

(B) Orthopedic;

(C) Hearing-impaired or deaf;

(D) Vision-impaired or blind;

(E) Neurological;

(F) Mental retardation;

(G) Developmental;

(H) Psychiatric or mental; or (I) Learning.

(4) Grant Funding. The grant cycle for any state funding shall be on an annual basis coincident with the state fiscal year. The grants will be submitted in a format prescribed by the division on an annual basis coordinated with the state fiscal year. The amounts of the grants will be determined by the division subject to the amount of monies appropriated by the state and the scope of approved services provided by the centers.

Continuation grants must show evidence of effective results for previous grant periods, such as meeting or exceeding stated program objectives, having a positive impact on consumer achievements, having a positive impact on community living options, and having a sound management structure and effective management procedures. The grant application must reflect assurances that the grantee program will— (A) Manifest independent living philosophy;

(B) Establish clear priorities through annual and three (3)year program and financial planning;

(C) Establish measurable program objectives;

(D) Maintain an evaluation system and records adequate to measure performance standards. (Financial and program records will be maintained for a period of not less than three (3) years.);

(E) Practice sound fiscal management and submit to the division annual audit reports equivalent to those prescribed in OMB Circular A-110;

(F) Maintain records which identify the source and application of all center funds. (Governmental funds must be identified by source, purpose, etc.; private funds may be identified in the aggregate only.);

(G) Meet or exceed program standards for approval by the Commission on Accreditation of Rehabilitation Facilities (CARF) or a certification process accepted by the division;

(H) Use sound organizational and personnel management practices;

(I) Have qualified staff;

(J) Have a positive impact on consumer achievement of independent living goals; and (K) Have a positive impact on community options.

(5) Equipment.

(A) For the purchase of all items of equipment of three hundred dollars ($300) or more, the center must obtain three (3) bids, document the evaluation process and select the lowest and best bid. The documentation must be kept until either an audit is completed or an agency monitoring visit occurs, whichever is last.

(B) Equipment with a unit value of three hundred dollars ($300) or more must be accompanied by proof-of-insurance or evidence of the center’s financial ability to replace or repair.

(C) An inventory list must be kept for one (1) year on equipment with a unit value under three hundred dollars ($300).

(D) Equipment purchased must be inventoried on an appropriate document and submitted to the division when request for payment is made.

(E) Equipment with a unit purchase price of from three hundred dollars to one thousand dollars ($300–$1000) will be considered as non-expendable and will be monitored for a five (5)-year period. After five (5) years, the equipment will become the property of the center.

(F) Depreciation computation for replacement or reimbursement to the state agency on equipment with a purchase price of from three hundred dollars to one thousand dollars ($300–$1000) will be straight line, twenty percent (20%) per year for five (5) years.

(G) Equipment with a unit purchase price of three hundred dollars ($300) or more that is lost, stolen or broken must be reported to the division. Proper documentation, such as police or accounting reports, is to be included.

(H) The state agency shall retain vested interest of all equipment with a unit purchase price of one thousand dollars ($1000) or more. If a center ceases to use the equipment, it is required to contact the division for appropriate disposition.

(I) Equipment with a unit price of one thousand dollars ($1000) or more will be monitored during reasonable life expectancy. After such items have been depreciated according to their reasonable life expectancy, the division will retain no further vestment of title. The depreciation schedule shall be at the discretion of the division.

(J) Any change from the budget for equipment must be requested in writing and approval received from the division before proceeding with the proposed change.

(K) Equipment funds will not be transferred to another category.

(L) An inventory list with a control number assigned to each item of equipment with a unit value of three hundred dollars ($300) or more shall be communicated to the division.

(6) Center Services (mandatory). The center must make available to persons with disabilities the following independent living services:

(A) Advocacy;

(B) Independent living skills training, to include, but not be limited to, health care and financial management;

(C) Peer counseling; and (D) Information and referral.

(7) Center Services (optional). The center may provide or make available, but not be limited to, the following:

(A) Legal services;

(B) Other counseling services, which may include non-peer, group and family counseling;

(C) Housing services;

(D) Equipment services;

(E) Transportation services;

(F) Social and recreational services;

(G) Educational services;

(H) Vocational services, including supported employment;

(I) Reader, interpreter and other communication services;

(J) Attendant and homemaker services; or (K) Electronic services.

(8) A center shall make maximum use of existing resources available to persons with disabilities and shall not duplicate any existing services or programs in the geographic areas to the extent that these services or programs are available through other state resources.

(9) Monitoring. Monitoring activities will be performed by the division periodically during each program year. The assistant commissioner of the division or any of his/her authorized representatives shall have the right of access to any books, documents, papers or other records of the grantee which are pertinent to the center’s grant in order to monitor program, business and accounting functions of the center. Monitoring activities shall include, but not be limited to, the following:

(A) The numbers and types of individuals with disabilities assisted;

(B) The extent to which individuals with varying disabling conditions were served;

(C) The types of services provided;

(D) The sources of funding;

(E) The percentage of resources committed to each type of service provided;

(F) How services provided contributed to the maintenance of or the increased independence of the individual with a disability;

(G) The extent to which individuals with disabilities participate in management and decision-making in the center;

(H) The extent to which the center collaborates with other agencies and organizations;

(I) The extent of catalytic activities to promote community awareness, involvement and assistance;

(J) The extent of outreach efforts and the impact of such efforts;

(K) A comparison, when appropriate, of prior year(s) activities with the most recent year activities;

(L) Outcomes of center activities in meeting stated program goals and objectives; and (M) Compliance with business and accounting functions according to OMB Circular A-110.

(10) Repeated program deficiencies will be cause for termination of center funding.

(11) Continuation of funding beyond the first year will be based on performance in meeting program objectives, availability of funding and continued need of center services.

(12) A center shall operate in compliance with all applicable local laws and ordinances.

rule previously filed as 5 CSR 90-8.010. Original rule filed Oct. 27, 1988, effective Feb. 24, 1989. Moved to 5 CSR 20-500.290, effective Aug. 16, 2011. *Original authority: 178.651-178.658, see Revised Statutes of Missouri, 2000.

History

• AUTHORITY: sections 178.651–178.658, RSMo Supp. 1988. This

5 CSR 20-500.300 Pertinent Regulations Relating to the Disability Determinations Program {#sec-5-csr-20-500.300 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-500.300}

PURPOSE: This rule prescribes standards for implementation of the Disability Determinations Program as contained in the Code of Federal Regulations, Title 20, Chapter III, part 404, subparts J, P and Q and part 416, subparts I, J and N.

(1) The disability program under the Social Security Act is administered in states under rules contained in Title 20,

Chapter III, of the Code of Federal Regulations. Two (2) parts of the Code concern the Disability Determinations Program.

(A) Part 404, subparts J, P, and Q, pertains to the disability insurance benefits under Title II of the Social Security Act. It includes the pertinent regulations regarding the administration of this program and the criteria for determining eligibility for these benefits. It has an appendix, containing a detailed listing of impairments, which is used to determine medical eligibility for disability benefits.

(B) Part 416, subparts I, J, and N pertains to the Supplemental Security Income disability benefits under Title XVI of the Social Security Act. It includes the pertinent regulations regarding the administration of this program and the criteria for determining eligibility for these benefits.

(2) 20 CFR part 404, subparts J, P, and Q, and 20 CFR, part 416, subparts I, J, and N, which are incorporated by reference and made a part of this rule as published in January 2023 by the Office of Federal Register, Office of Administration, are available by contacting the U.S. Government Publishing Office, 732 North Capitol Street NW, Washington, DC 20401-0001, and are also available on the department’s website at https://dese.mo.gov/ governmental-affairs/dese-administrative-rules/incorporatedreference-materials. This rule does not incorporate any

Amended: Filed Jan. 9, 1981, effective April 13, 1981. Amended:

Filed April 28, 1994, effective Oct. 30, 1994. Moved to 5 CSR 20- 500.300, effective Aug. 16, 2011. Amended: Filed Jan. 27, 2023, effective Aug. 30, 2023. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014.

Op. Atty. Gen. No. 96, Wheeler (6-15-55). Section 178.430, RSMo (1969) authorizes State Board of Education to formulate and execute plan of agreement in carrying out provisions of federal Social Security Act in making determination of disability under Title II thereof. State Board has authority to designate Vocational Rehabilitation Section to administer the plan.

History

• AUTHORITY: section 161.092, RSMo 2016. This rule previously filed as 5 CSR 90-50.010. Original rule filed Dec. 24, 1975, effective Jan. 3, 1976. Amended: Filed April 24, 1979, effective Aug. 13, 1979.

5 CSR 20-500.310 Reporting Requirements {#sec-5-csr-20-500.310 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-500.310}

(Rescinded May 30, 2018)

History

• AUTHORITY: section 135.348, RSMo Supp. 1998. This rule previously filed as 5 CSR 60-95.040. Original rule filed March 22, 1999, effective Sept. 30, 1999. Moved to 5 CSR 20-500.310, effective Aug. 16, 2011. Rescinded: Filed Oct. 25, 2017, effective May 30, 2018.

5 CSR 20-500.320 Missouri State Plan for Adult Education {#sec-5-csr-20-500.320 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-500.320}

PURPOSE: This rule incorporates the current state plan for adult education, which serves as an agreement between state and federal governments regarding the conduct and administration of the program in Missouri.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated at no more than the actual cost. This note applies only to the reference material. The entire text of the rule is printed here.

The Missouri State Board of Education is responsible for administering and supervising the adult education program at the state level to provide adult education and literacy services, including workplace literacy services, family literacy, and English literacy programs. Funds will be distributed to eligible providers such as local education agencies, public or private nonprofit agencies, community-based organizations, correctional education agencies, postsecondary educational institutions, and other institutions that have the ability to provide comprehensive literacy services to adults and families for the purpose of providing instruction in adult education, which is designed to teach persons out of school who are seventeen (17) years of age or older or meet the compulsory attendance requirements of section 167.031, RSMo, to obtain sufficient mastery of basic educational skills to enable them to function effectively in society. The program priorities and objectives are—to assist adults to become literate and obtain the knowledge and skills necessary for employment and self-sufficiency, assist adults who are parents to obtain the educational skills necessary to become full partners in the educational development of their children, and assist adults in the completion of a secondary school education and/or obtain a high school equivalence certificate. These objectives are achieved by providing funds to eligible providers and by providing professional development for adult education staff members through local, state, regional, and national sponsored training programs. Project applications are reviewed to assure their compliance with federal and state guidelines.

Eligible providers are responsible for meeting federal and state performance measures incorporated in the five (5)-year program plan, as revised, for adult education, which serves as an agreement between state and federal governments regarding the conduct and administration of the program in Missouri for Fiscal Years 2000–2004, as revised. The Missouri Adult Education and Literacy State Plan 2000–2004 (Revised 2009) is hereby incorporated by reference and made a part of this rule. A copy of the state plan may be obtained by contacting the Adult Education and Literacy Section, 205 Jefferson Street, PO Box 480, Jefferson City, MO 65102-0480. This rule does not

section 178.430, RSMo 2000.* This rule previously filed as 5 CSR 60-100.010. Original rule filed Oct. 15, 1975, effective Oct. 26, 1975.

Amended: Filed Oct. 8, 1976, effective Nov. 15, 1976. Amended: Filed Aug. 16, 1977, effective Sept. 12, 1977. Amended: Filed July 7, 1978, effective Aug. 14, 1978. Amended: Filed July 28, 1980, effective Sept. 15, 1980. Amended: Filed Aug. 13, 1982, effective Sept. 13, 1982.

Amended: Filed May 27, 1986, effective June 30, 1986. Amended:

Filed Jan. 27, 1993, effective June 7, 1993. Amended: Filed Aug. 26, 1993, effective Dec. 9, 1993. Amended: Filed Oct. 29, 1999, effective Jan. 30, 2000. Amended: Filed: Sept. 24, 2002, effective Dec. 30, 2002. Amended: Filed Feb. 4, 2010, effective April 30, 2010. Moved to 5 CSR 20-500.320, effective Aug. 16, 2011. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003; 167.031, RSMo 1963, amended 1977, 1986, 1990, 1993, 2004, 2006, 2008, 2009; and 178.430, RSMo 1963.

History

• AUTHORITY: sections 161.092 and 167.031, RSMo Supp. 2009 and

5 CSR 20-500.330 Administration of High School Equivalence Program {#sec-5-csr-20-500.330 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-500.330}

(Moved to 5 CSR 20-200.310)

5 CSR 20-500.340 Standards for the Determination of Eligible Training Providers and Administration of Reimbursement for the Education of Persons Under the Workforce Investment Act of 1998 and Other Employment Training Funding Sources Contracting With the State Board of Education {#sec-5-csr-20-500.340 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-500.340}

(Rescinded May 30, 2018)

History

• AUTHORITY: sections 161.092, RSMo Supp. 2002 and 178.430, 178.440, 178.450, 178.460 and 178.530, RSMo 2000. This rule previously filed as 5 CSR 60-480.100. Original rule filed July 7, 2000, effective Feb. 28, 2001. Rescinded and readopted: Filed Sept. 24, 2002, effective April 30, 2003. Moved to 5 CSR 20-500.340, effective Aug. 16, 2011. Rescinded: Filed Oct. 31, 2017, effective May 30, 2018.

5 CSR 20-500.350 Standards for the Approval and Continued Approval of On-the-Job Training for the Training of Veterans establish a state approving agency and standards for approval and continued approval of on-the-job training for the training of veterans or eligible persons (Reference: 38 United States Code 3677 and section 161.172, RSMo). These standards will serve as a guide for those business establishments desiring to provide training for veterans and for the Office of Adult Learning and Rehabilitation Services as the state approving agency in the approval of the courses. {#sec-5-csr-20-500.350 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-500.350}

(1) Approval will not be granted for training in occupations that require a relatively short period of experience for a trainee to obtain and hold employment at the market wage in the occupation. This includes occupations such as automobile service station attendant or manager, food service worker, salesman, window washer, building custodian, or other unskilled or common labor positions as well as clerical positions for which on-the-job training is not the normal method of procuring qualified personnel.

(2) An application will be approved when the training establishment and its positions are found, upon investigation, to have met these standards:

(A) The job which is the objective of the training is one in which progression and appointment to the next higher classification are based upon skills learned through organized training on the job and not on such factors as length of service and normal turnover. Approval will not be granted for supervisory or managerial positions where the normal method of obtaining the position is by selection based on such factors as experience, demonstrated ability, education and longevity;

(B) The training content of the position is adequate to qualify the veteran for appointment to the job for which he or she is to be trained;

(C) The job customarily requires a period of training of not less than six (6) months and not more than two (2) years of fulltime training;

(D) The length of the training period is no longer than that customarily required by the training establishments in the community to provide the veteran with the required skills, job knowledge, and technical information that the veteran needs to become competent on the job for which he or she is being trained. Appropriate credit must be given to veterans who have had prior experience or training, with the training period shortened proportionately and the individual’s wage schedule adjusted accordingly;

(E) Provision is made for related instruction for the individual veteran who may need it;

(F) There is in the training establishment adequate space, equipment, instructional material and instructor personnel to provide satisfactory training on the job;

(G) Adequate records are kept to show the progress made by each veteran toward his or her job objective;

(H) The veteran is not already qualified by training and experience for the job;

(I) The wages to be paid to the veteran upon entrance into training are not less than wages paid to nonveterans in the same training position and are at least fifty percent (50%) of the wages paid for the job for which he or she is to be trained and the same rate as any individual starting the position with the same experience. Wages will be increased in regular periodic increments until, not later than the last full month of the scheduled training period, they will be at least eightyfive percent (85%) of the wages paid for the job for which the veteran is being trained.

1. Wages based solely on piece work, job rates, or commissions are not acceptable.

2. Beginning wages and increases shown in the approved wage schedule are considered minimum wages that must be paid to trainees making satisfactory progress; otherwise, the veteran’s benefits must be interrupted or terminated.

3. Trainees may be paid at rates that are higher than the rates shown in the approved wage schedule except that a veteran’s training benefits must be terminated when he or she is paid at or above the rate that is the approved “wage at completion of program”;

(J) There is a reasonable certainty that the job for which the veteran is to be trained will be available to him or her at the end of the training period; and (K) A signed copy of the training agreement for each veteran, including the training program and wage schedule as approved by the state approving agency, is provided to the veteran and the VA and the state approving agency by the employer.

(3) 38 U.S.C. section 3677 is hereby incorporated by reference 20401-0001, in January 2023. Copies of this regulation can also be obtained from the Department of Elementary and Secondary

History

• AUTHORITY: sections 161.092 and 161.172, RSMo 2016. This rule previously filed as 5 CSR 60-900.030. Original rule filed Dec. 23, 1975, effective Jan. 2, 1976. Moved to 5 CSR 20-500.350, effective Aug. 16, 2011. Amended: Filed Jan. 27, 2023, effective Aug. 30, 2023. Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014, and 161.172, RSMo 1963.

5 CSR 20-500.360 Standards for the Approval of Apprentice Courses for the Training of Veterans Under the Provisions of PL 90-77 establish a state approving agency and standards for approval of apprentice courses for the training of veterans under the provisions of PL 90-77 (Reference: 38 United States Code 3677 and section 161.172, RSMo). These standards will serve as a guide for those training establishments desiring to provide apprentice training for veterans and for the Office of Adult Learning and Rehabilitation Services as the state approving agency in the approval of the courses. {#sec-5-csr-20-500.360 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-500.360}

(1) Apprentice courses provide training for those occupations commonly known as skilled crafts or trades that require a wide and diverse range of skills and knowledge as well as maturity and independence of judgment. Occupations recognized by the Federal Committee on Apprenticeship are those that customarily have been learned in a practical way through two (2) or more years’ training and work experience on the job and that are clearly identified and commonly recognized throughout industry. Occupations that traditionally have not used apprenticeship are— (A) Selling, retailing or similar occupations in the distributive field;

(B) Managerial occupations;

(C) Clerical occupations;

(D) Professional and semiprofessional occupations; and (E) Agricultural occupations.

(2) An application will be approved when the training establishment and the apprentice course are found, upon investigation, to have met these standards.

(A) The standards of apprenticeship published by the Secretary of Labor under section 50(a) of Title 29, United States Code. An apprentice course should provide for the following:

1. The starting age of an apprentice to be not less than sixteen (16);

2. Full and fair opportunity to apply for apprenticeship;

3. Selection of apprentices on the basis of qualifications alone;

4. A schedule of work processes in which an apprentice is to receive training and experience on the job;

5. Organized instruction designed to provide the apprentice with knowledge in technical subjects related to his or her trade (a minimum of one hundred forty-four (144) hours per year is normally considered necessary);

6. A progressively increasing schedule of wages;

7. Proper supervision of on-the-job training with adequate facilities to train apprentices;

8. Periodic evaluation of the apprentice’s progress, both in job performance and related instruction, and the maintenance of appropriate records;

9. Employee-employer cooperation;

10. Recognition for successful completions; and 11. Nondiscrimination in all phases of apprenticeship employment and training.

(B) A signed copy of the training agreement for each veteran, making reference to the training program and wage schedule as approved by the state approving agency, is provided to the veteran and the Veterans Administration and the state approving agency by the employer.

(3) 38 U.S.C. section 3677 is hereby incorporated by reference 20401-0001, in January 2023. Copies of this regulation can also be obtained from the Department of Elementary and Secondary

History

• AUTHORITY: sections 161.092 and 161.172, RSMo 2016. This rule previously filed as 5 CSR 60-900.040. Original rule filed Dec. 23, 1975, effective Jan. 2, 1976. Moved to 5 CSR 20-500.360, effective Aug. 16, 2011. Amended: Filed Jan. 27, 2023, effective Aug. 30, 2023. Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014, and 161.172, RSMo 1963.

5 CSR 20-500.370 Standards for the Approval of Courses for the Education of Persons Under Veterans’ Education establish standards for the approval of courses for the education of eligible persons as provided by Title 38 of the Code of Federal Regulations, part 21. {#sec-5-csr-20-500.370 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-500.370}

This rule proposes common approval standards for this program.

(1) All references to the State Board of Education (the board) in this rule may be construed to include the Department of Elementary and Secondary Education (DESE) and the appropriate program section. The provisions of this section apply to accredited courses and nonaccredited courses.

(A) A course shall not be approved unless the institution has operated that course successfully for a period of twentyfour (24) calendar months for veterans’ education courses.

Successful operation shall mean an operation which is sound educationally, legally, and financially. The following are exceptions:

1. Any course to be pursued in a public or other taxsupported educational institution;

2. Any course which is offered for veterans’ education by a non-college degree (NCD) institution and/or a non-accredited institution of higher learning (IHL) where at least one (1) course is already approved;

3. Any course which has been offered by an educational institution for a period of more than two (2) years notwithstanding the institution has moved to another location within the same general locality or has made a complete move with substantially the same faculty, curricula, and students, without change in ownership; or 4. Any course which is offered by an educational institution of college level and which is recognized for credit toward a standard college degree.

(B) The educational institution must operate in compliance with all applicable federal, state laws and/or regulations, and/ or local ordinances.

(C) The institution shall make available the instructional facilities and all appropriate records and accounts for inspection by the authorized representatives of DESE, United States Department of Education, and the Department of Veterans Affairs.

(D) Institutions may make a request for an exception to any of the requirements or provisions of this rule. The institutions must make the request in writing and provide justification for the exception. An exception may be allowed only at the discretion of DESE.

(E) Any approval issued under the provisions of this rule may be withdrawn or suspended by DESE for cause. Before any approval is suspended or withdrawn, DESE shall serve a notice in writing to the affected institution with a statement of the reason for its action, unless exigent circumstances warrant immediate suspension of future enrollments. The notice shall be served not less than ten (10) days before the effective date of the action. Upon request during the ten- (10-) day period, the institution shall be entitled to a hearing before DESE. The affected institution shall be notified within a reasonable time of DESE’s action.

(F) Advertising must be completely truthful and factual and must avoid leaving any misleading, false, or exaggerated impression, either by actual statement, omission, or intimation.

1. Institutions which have courses approved for eligible persons shall limit their advertisement of this fact to a statement such as Approved for Veterans’ Education by DESE, Approved for Veterans, or GI Bill® Approved. Statements such as Approved by the Department of Veterans Affairs (VA) or VA Approved are not acceptable as the Department of Veterans Affairs is not the approving agency.

2. The VA owns United States Trademark Registration 4,225,784 for the phrase “GI Bill®.” Third-party use of the trademark is restricted to education and training institutions eligible to receive VA education benefits, state approving agencies, and recognized veterans service organizations. These authorized third parties may use the registered trademark ‘‘GI Bill®’’ in print, electronic, digital, radio, or other media as established by the terms of use. Parties not identified are prohibited from using “GI Bill®” in any manner that directly or indirectly implies a relationship, affiliation, or endorsement with the United States Department of Veterans Affairs.

3. The trademark symbol “®” should be placed at the upper right corner of the trademarked phrase in the most prominent place at first usage, such as the title of a brochure, form, or webpage and include the trademark attribution notice prominently visible: ‘‘GI Bill®” is a registered trademark of the U.S. Department of Veterans Affairs.

4. Advertising must clearly indicate that training or education and not employment is being offered. Advertising under help wanted classifications is prohibited.

5. Advertising must include the correct name and location of the institution.

6. Institutions shall assume full responsibility for the actions, statements, and conduct of their field representatives.

7. Institutions with courses approved by DESE must comply with the advertising criteria of state-approving agencies in the states in which advertising is used.

(G) For veterans’ education, a course with a vocational objective will not be approved unless the eligible person or the institu tion offering that course, establishes that at least one-half (1/2) of the persons completing the course, over the preceding two- (2-) year period, excluding the number of persons who com pleted those courses with assistance under Title 38, United States Code (U.S.C.), while serving on active duty and the number of persons who are unavailable for employment, have been employed in the occupational category for which the course was designed to provide training.

(H) A change of ownership, administration, or location without consent of DESE shall be sufficient cause to withdraw the approval or suspend future enrollments.

(I) Institutions which have live projects as a part of the instruction program shall submit a statement of policies for approval by DESE. The purpose of the policy is to prevent schools from emphasizing a commercial enterprise rather than work related to hands-on and classroom training.

1. The statement of policies must provide information regarding charges for instructor and student labor and materials used in live projects instruction.

2. The institution shall keep records on file concerning live projects which will show that the institution is not violating its statement of policies.

3. The utilization of participants in custodial maintenance within the school for areas other than the immediate shop or work area is expressly forbidden.

4. Students cannot perform capital improvements on buildings and facilities owned by a private-for-profit agency.

Capital improvements are any modification, addition or restoration which increases the usefulness, productivity, or serviceable life of an existing building or structure, or major item of equipment which is classified for accounting purposes as a fixed asset and the recorded value is increased by the cost of the improvement and subject to depreciation.

(J) The charges for tuition, fees, and other charges for the course or program of education shall be reasonable, based on the services to be rendered, the books, supplies, and equipment to be furnished, and the operating costs of the institution.

(2) The provisions of this section apply to accredited courses.

(A) A course may be approved as an accredited course if it meets one (1) of the following requirements:

1. The course has been accredited and approved by a nationally recognized accrediting agency or association.

Candidate for accreditation status is not a basis for approval of a course as accredited;

2. Credit for the course is recognized by DESE for credit toward a high school diploma or for a certificate of license to teach; or 3. The course is conducted under 20 U.S.C. 11-28 concerning vocational education.

(B) Any curriculum offered by an educational institution which is a member of one (1) of the nationally recognized accrediting agencies or associations and which leads to a degree, diploma, or certificate may be accepted as an accredited course by DESE. Any curriculum accredited by one (1) of the specialized nationally recognized accrediting agencies or associations and which leads to a degree, diploma, or certificate may also be accepted as an accredited course by DESE. Approval of the individual subjects, required or elective, which are designated as a part of the curriculum will not be necessary. This approval may include noncredit subjects that are prescribed as a required part of the curriculum. The course objective may be educational leading to a high school diploma or a standard college degree or it may be vocational or professional leading to an occupation.

(C) A nationally recognized accrediting agency or association is one (1) that appears on the list published by the United States Department of Education. DESE may utilize the accreditation of accrediting agencies or associations for approval of the course specifically accredited and approved by that agency or association.

(D) Applications for initial approval or for approval of additional courses shall be made on the application provided by DESE. The application form and attachments should be submitted to the director of Veterans’ Education, DESE, electronically to mosaa@dese.mo.gov. Courses for programspecific purposes will be approved by the respective program.

The application shall include the required copies of the school’s catalog or bulletin, which must be certified as true and correct in content and policy by an authorized representative of the school. The catalog, bulletin, or separate publication must specifically state the following:

1. Institution policy and regulations relative to standards of progress required of the student by the institution. This policy will define the grading system of the institution, the minimum grade considered satisfactory, conditions for the interruption for unsatisfactory grades or progress, and a description of the probationary period, if any, allowed by the institution and conditions of reentrance for those students dismissed for unsatisfactory progress. A statement will be made regarding progress records kept by the institution and furnished to the student;

2. Institution policy and regulations relating to student conduct, conditions for dismissal for unsatisfactory conduct, and conditions of reentrance of students dismissed for unsatisfactory conduct; and 3. Institution policy and regulations relating to student attendance for resident courses not leading to a standard college degree, conditions for dismissal for unsatisfactory attendance, and conditions of reentrance of students dismissed for unsatisfactory attendance.

(E) DESE may approve the application of the school when the school and the courses are found to have met the following criteria:

1. Adequate records are kept by the school to show the progress of each eligible person.

A. The records must be sufficient to show continued pursuit at the rate for which enrolled and the progress being made.

B. They must include a final grade in each subject for each term, quarter, or semester; record of withdrawal from any subject to include the last day of attendance for a resident course; and record of reenrollment in subjects from which there was a withdrawal.

C. The school must provide a system for establishing and reporting promptly to DESE, Department of Veterans Affairs, or other appropriate federal agency the last date of attendance or the last date of pursuit of an eligible person who discontinues a subject(s) or fails to comply with the school’s withdrawal procedures.

D. They may include records such as attendance for resident courses, periodic grades, and examination results;

2. The school maintains a written record of previous education and training of the eligible person, which clearly indicates that appropriate credit has been given by the school for previous education and training, with the training period shortened proportionately and the person and the Department of Veterans Affairs. The record must be cumulative in that the results of each enrollment period, whether term, quarter, or semester, must be included so that it shows each subject undertaken and the final result—that is, passed, failed, incomplete, or withdrawn;

3. The school enforces a policy relative to standards of conduct and progress required of the eligible persons.

A. The school policy relative to standards of progress must be specific enough to determine the point in time when educational benefits should be discontinued, when the eligible person ceases to make satisfactory progress.

B. No eligible person will be considered to have made satisfactory progress when he or she fails all subjects undertaken, except when there is a showing of mitigating circumstances, when enrolled in two (2) or more unit subjects.

C. The policy must include the grade or grade point average that will be maintained if the student is to graduate.

For example, a college must require a 1.5 grade point average the first year, a 1.75 average at mid-year the second year, and a cumulative average of 2.0 thereafter on the basis of 4.0 for an A. The policy may include a probationary period of two (2) quarters or semesters when the student falls below the required average. If a probationary period is allowed, it will not be necessary to report unsatisfactory progress to the Department of Veterans Affairs until the completion of the probationary period.

D. The enrollment of a veteran or other person eligible for veterans’ benefits shall not be considered valid under applicable federal law and/or regulation for a course for which the grade assigned is not used in computing the requirements for graduation, including a course from which a student withdraws after an official drop-add period, not to exceed thirty (30) days, unless there are mitigating circumstances;

4. The school maintains adequate attendance records for eligible persons enrolled in resident courses not leading to a standard college degree; and 5. The school must provide, upon request by DESE, an authenticated copy of the latest report of accreditation from the appropriate accreditation agency(ies).

(3) The provisions of this section apply to courses that cannot be considered as accredited courses pursuant to this rule.

(A) Applications for initial approval or for approval of additional courses shall be made on the application provided by DESE. The required copies of the completed application and all attached materials should be submitted to DESE.

(B) The school shall notify the appropriate section of DESE of any change in personnel, charges, ownership, or any other information contained in the initial application. The changes shall be submitted promptly on forms provided by DESE.

(C) The institution must be financially sound and capable of fulfilling its commitments for the approved educational program.

(D) The institution must require good discipline, orderliness, and regular attendance at all times.

(E) The institution shall publish its standards of conduct, progress and attendance which are required of students and shall enforce these standards. These standards must define the following:

1. The school’s grading system;

2. The minimum satisfactory grade level;

3. Conditions for interruption of training due to unsatisfactory grades or progress;

4. A description of any probationary period;

5. Conditions for a student’s reentrance/readmission following dismissal and/or suspension for unsatisfactory progress, conduct or attendance; and 6. Conditions for dismissal due to unsatisfactory conduct and/or attendance.

(F) Good housekeeping must be maintained throughout the institution at all times.

(G) There shall be sufficient, qualified, and capable personnel connected with the institution to ensure good administration, supervision, and instruction.

1. All personnel connected with the institution shall be of good reputation and character.

2. The administrator shall have at least three (3) years of experience in a public or private school in administrative work or possess a college degree with at least a minor in the field of administration.

3. All instructors must be proficient in the trade or occupation to be taught, as evidenced by at least three (3) years of experience beyond the learning stage in the trade, occupation, or subject or shall possess a college degree with at least a minor in the subject involved. These qualifications must be clearly shown on a personnel record form provided by DESE for each person on the school staff.

4. No instructor shall have a daily schedule (both in school and outside of school) of more than fifty-five (55) hours per week, nor shall any instructor be engaged in instructional work for more than forty-eight (48) hours per week. The instructional workday of instructors will include break times allowed the students. Business school teachers shall not teach more than forty-eight (48) hours per week including evening school.

(H) The institution must provide adequate facilities.

1. All classroom, laboratory, and shop areas must be welllighted, heated, and ventilated.

2. Adequate space must be provided in classrooms, laboratories, and shops for the number to be trained.

3. Separate toilet facilities must be provided for both sexes, if both sexes are enrolled in the institution. At least one (1) stool must be provided for each twenty-five (25) students and at least one (1) urinal for each thirty-five (35) male students. Adequate lavatory facilities must be provided in those institutions involving work with laboratory or shop tools.

4. Adequate locker space must be provided each student in those institutions where needed for storage of student tools, supplies, and/or clothing.

5. Classrooms must be equipped with comfortable chairs and tables or armchairs and with a blackboard of sufficient size for use by the instructors. Classrooms must be separate from shops and laboratories and must be partitioned so that there is a minimum of noise from shops and laboratories.

6. An adequate library, learning resource center, or quiet study area must be provided that is easily accessible and which contains sufficient reference materials so that each student will be provided with essential related information.

7. Tools and/or laboratory equipment must be provided in sufficient quantities and in good quality.

8. Teaching materials must include modern teaching aids, smartboards, computers, charts, films, projectors, mock-ups, models, and the like, when those materials are necessary to the teaching of the trade, occupation, or subject.

9. Institutions may not be operated in connection with a commercial enterprise unless approved by DESE.

10. Institutions shall not be located in conjunction with living quarters.

11. Accommodations for the disabled shall be provided by the institution in accordance with applicable federal and state laws and/or regulations.

(I) The course of study must be adequate to prepare the student for the stated course objective.

1. The course of study shall be consistent in quality, content, and length with similar courses offered by public and private schools in the state which have recognized accepted standards.

2. The course of study shall provide for a schedule of the tests and examinations to be given.

3. The grading policy must provide for periodic evaluation of the student’s proficiency and progress.

(J) A copy of the course outline, schedule of tuition, fees and other charges, regulations pertaining to absences, grading policy, and rules of operation and conduct will be furnished the eligible person upon enrollment. The established student complaint procedures must be posted in a conspicuous place within the school.

(K) Upon completion of training, the eligible person will be given a certificate by the school indicating the approved course and indicating that training was satisfactorily completed.

(L) The school must maintain adequate records, which include the following:

1. A written record of the previous education and training of the eligible person that clearly indicates that appropriate credit has been given for previous education and training, with the training period shortened proportionately and the eligible persons and the Department of Veterans Affairs so notified;

2. Accurate and current records of attendance, tardiness, makeup work, proficiency, and progress;

3. Individual instructor’s class records and permanent office records for each student;

4. Placement or location records for graduates;

5. The institution shall maintain financial records in accordance with generally accepted accounting principles and which accurately reflect and support the receipts and charges applicable to veterans. Further, all these records and supporting documents shall be retained in accordance with current state and/or federal laws and/or regulations; and 6. The institution shall submit any records, documents, reports, and/or data requested by DESE necessary for the administration of the veterans program.

(M) The charges for tuition, fees, and other charges for the course or program of education shall be reasonable, based on the services to be rendered, the books, supplies, and equipment to be furnished, and the operating costs of the institutions.

The following referral policy applies only to eligible persons receiving veterans’ benefits:

1. The institution shall establish and maintain a policy for the refund of the unused portion of tuition, fees, and other charges in the event an eligible person fails to enter the course or withdraws or is discontinued at any time prior to completion and the policy shall provide that the amount charged to the eligible person for tuition, fees, and other charges for a portion of the course does not exceed the approximate pro rata portion of the total charges for tuition, fees, and other charges that the length of the completed portion of the course bears to its total length.

(N) The institution shall use a satisfactory method of selecting students. Entrance requirements shall be based upon ability of the individual to perform at a level commensurate with the physical or mental demands, or both, of the course.

Instruments for measuring ability shall include previous school records, previous work records, psychological testing as and when necessary.

(O) An accurate and current organizational chart shall be available showing the following:

1. Daily hours of instruction including beginning and ending time of classes, lunch, break periods, and the like;

2. Instructor’s schedule including instructor’s name, subject taught, time, and room assignment; and 3. A class schedule must be maintained for each student in institutions having a curriculum composed of single unit subjects.

(4) Title 38 of the Code of Federal Regulations, part 21, is hereby incorporated by reference and made part of this

rule as published by the U.S. Government Publishing Office, 732 N. Capitol Street NW, Washington, DC 20401-0001, June 2024. Copies of this regulation can also be obtained from the

rule previously filed as 5 CSR 60-900.050. Original rule filed July 7, 2000, effective Feb. 28, 2001. Amended: Filed Sept. 24, 2002, effective April 30, 2003. Amended: Filed May 2, 2003, effective Dec. 30, 2003. Moved to 5 CSR 20-500.370, effective Aug. 16, 2011.

Amended: Filed Dec. 12, 2025, effective July 30, 2026. 161.172, RSMo 1963; 178.430, RSMo 1963; 178.530, RSMo 1963, amended 1977, 1991, 1995, 2012, 2013, 2019; 178.590, RSMo 1963; and 178.610, RSMo 1963.

History

• AUTHORITY: sections 161.092, 161.172, 178.430, 178.590, and 178.610, RSMo 2016, and section 178.530, RSMo Supp. 2025. This

Chapter 600 Office of Early and Extended Learning

5 CSR 20-600.110 General Provisions Governing Programs Authorized Under the Early {#sec-5-csr-20-600.110 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-600.110}

5 CSR 20-600.130 General Provisions Governing Programs Authorized Under Early Childhood ELEMENTARY AND SECONDARY EDUCATION Extended Learning {#sec-5-csr-20-600.130 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-600.130}

5 CSR 20-600.110 General Provisions Governing Programs Authorized Under the Early Childhood Development Act {#sec-5-csr-20-600.110 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-600.110}

(Moved to 5 CSR 20-100.330)

5 CSR 20-600.120 Instruction for Prekindergarten {#sec-5-csr-20-600.120 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-600.120}

(Moved to 5 CSR 20-100.300)

5 CSR 20-600.130 General Provisions Governing Programs Authorized Under Early Childhood Development, Education, and Care {#sec-5-csr-20-600.130 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-600.130}

(Moved to 5 CSR 20-100.310)

5 CSR 20-600.140 Prekindergarten Program Standards {#sec-5-csr-20-600.140 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-600.140}

(Moved to 5 CSR 20-100.320)

JOHNR. ASHCROFT(5/31/19)

Chapter 630 * - moved to 5 CSR 80-631

5 CSR 20-630.010 Administrator Assessment Center {#sec-5-csr-20-630.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-630.010}

(Moved to 5 CSR 80-631.010)

MATTBLUNT(9/30/01)

Chapter 700 Office of Data System Management

5 CSR 20-700.100 Statewide Longitudinal Data System {#sec-5-csr-20-700.100 omnilex-key=us-mo-regs-official--title-5--5 CSR 20-700.100}

PURPOSE: This rule explains the data collected by the Department of Elementary and Secondary Education within the statewide longitudinal data system commonly known as the Missouri Comprehensive Data System (MCDS). The rule also addresses the procedures that are used to ensure the confidentiality of student records maintained in the MCDS.

(1) Data Inventory.

(A) The Department of Elementary of Secondary Education (department) annually publishes an inventory of student data collected and posted on the department’s website.

(B) The department shall annually notify the governor, president pro tempore of the senate, the speaker of the house, and the joint committee on education of any changes to existing data elements.

(2) Data Access and Management Policies.

(A) The department adheres to the confidentiality requirements of all state and federal laws relating to confidentiality of student records and confidentiality of individually identifiable personal records generally. The department’s policies include:

1. Defining privacy, confidentiality, personally identifiable information, disclosure, access, and confidential data; and 2. Maintaining adequate privacy and confidentiality protections; including, the assignment of a unique student identifier, data security, restricted access, and reasonable statistical disclosure.

(3) Data Requests.

(A) Requests must be submitted to the department in writing including, but not limited to, what data are being requested, the

purpose of the request, for whom the study is being conducted, and how the requestor will ensure data confidentiality and security.

Requests including student level data will require a Memorandum of Agreement (MOA) and research IDs will be created for all records.

(B) All recipients/users of the requested information must sign a MOA that includes:

1. Introduction and Relationship;

2. Purpose of the Data Sharing Agreement;

3. Data Being Requested;

4. Scope of Activities;

5. Participant Non-disclosure;

6. Confidentiality/Redisclosure;

7. Data Access/Storage/Disposal;

8. Release of Analyses;

9. Right to Audit; and 10. Agreement Period, Amendment, and Termination.

(4) Data Security Plan. The department, in cooperation with the Office of Administration Information Technology Service Division (OA- ITSD), reviews and maintains the data security plan. This includes, but is not limited to:

(A) Guidelines for authentication of authorized access;

(B) Privacy compliance standards;

(C) Privacy security audits;

(D) Breach planning, notification, and procedures;

(E) Data retention and disposition policies; and (F) Data security policies including electronic, physical, and administrative safeguards.

Filed Aug. 18, 2021, effective March 30, 2022. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014, and 161.096, RSMo 2014.

History

• AUTHORITY: sections 161.092 and 161.096, RSMo 2016. Original rule filed Jan. 22, 2015, effective Aug. 30, 2015. Amended:

Division 25 Office of Childhood

Chapter 100 Early Childhood Development

5 CSR 25-100.310 General Provisions Governing Programs Authorized Under Early Childhood Development, Education, and Care {#sec-5-csr-25-100.310 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-100.310}

5 CSR 25-100.330 General Provisions Governing Programs Authorized Under the Early AND SECONDARY EDUCATION DIVISION 25—OFFICE OF CHILDHOOD SECONDARY EDUCATION {#sec-5-csr-25-100.330 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-100.330}

5 CSR 25-100.120 Individuals with Disabilities Education Act, Part C {#sec-5-csr-25-100.120 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-100.120}

PURPOSE: The Department of Elementary and Secondary Education is eligible to apply for and receive federal funds under the Individuals with Disabilities Education Act of 1986 for the provision of early intervention services to infants and toddlers with disabilities. This rule incorporates by reference changes to the state plan required by federal statutes for the provision of the services to eligible children.

PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) The Missouri Department of Elementary and Secondary Education, in consultation with the parents, interested community members, early intervention service providers, representatives of special populations, representatives of other state agencies, and the governor, prepares the state plan. The plan identifies specific groups of individuals to be served and indicates the types of services and activities which may be provided.

(2) The Missouri state plan for the regulations implementing Part C of the Individuals with Disabilities Education Act (IDEA) First Steps Program contains the administrative provi sions for the delivery of the state’s federally assisted early intervention system. The Missouri State Plan for the IDEA, Part C, is hereby incorporated by reference and made a part of this rule. A copy of the State Plan for the IDEA, Part C (revised May 2023), is published by and can be obtained from the Department of Elementary and Secondary Education, Office of Childhood, 205 Jefferson Street, PO Box 480, Jefferson City, MO 65102-0480. This rule does not incorporate any subse quent amendments or additions.

(3) Rules pertaining to the state board of education which is responsible for the administration of the state plan, statements of assurance, methods of coordination, and procedures for the operation of the system are contained in the plan.

(4) Operational procedures are contained in the plan.

Additional procedures pertaining to personnel development activities are also included.

(5) The content of this state plan, as submitted to the United States Department of Education, meets the federal statute and Missouri’s compliance in the following areas:

(A) Definitions;

(B) Lead Agency;

(C) Public Participation;

(D) Central Directory;

(E) Public Awareness;

(F) State Interagency Coordinating Council;

(G) Child Find;

(H) Traditionally Underserved Groups;

(I) Referral Procedures;

(J) Eligibility Criteria;

(K) Evaluation and Assessment Procedures;

(L) Individualized Family Service Plan;

(M) Transition to Preschool and Other Programs;

(N) Comprehensive System of Personnel Development;

(O) Personnel Standards;

(P) Parental Rights;

(Q) Fiscal Administration;

(R) System of Payments;

(S) Supervision and Monitoring of Programs;

(T) Policies for Contracting or Otherwise Arranging for Services; and (U) Data Collection and Annual Reports.

Executive Order 94-22 of the Governor, Individuals with Disabilities Education Act, 20 U.S.C. Section 1431, et seq. Original

rule filed Dec. 29, 1997, effective March 30, 1998. Amended: Filed July 31, 1998, effective Oct. 30, 1998. Amended: Filed Dec. 7, 2000, effective Feb. 28, 2001. Amended: Filed Dec. 7, 2000, effective March 30, 2001. Amended: Filed Feb. 18, 2003, effective April 30, 2003. Amended: Filed Jan. 5, 2004, effective March 30, 2004.

Amended: Filed Nov. 14, 2005, effective Jan. 30, 2006. Amended:

Filed Jan. 5, 2007, effective March 30, 2007. Amended: Filed May 12, 2010, effective July 30, 2010. Amended: Filed March 1, 2011, effective May 30, 2011. Moved to 5 CSR 20-300.120, effective Aug. 16, 2011. Amended: Filed Feb. 29, 2012, effective May 30, 2012.

Amended: Filed March 1, 2013, effective May 30, 2013. Amended:

Filed Jan. 14, 2014, effective March 30, 2014. Moved to 5 CSR 25- 100.120, effective Aug. 30, 2021. Amended: Filed Sept. 20, 2022, effective April 30, 2023. Amended: Filed May 17, 2023, effective Jan. 30, 2024. *Original authority: 160.900–160.925, RSMo 2005, amended 2007; 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014; and 376.1218, RSMo 2005, amended 2007.

History

• AUTHORITY: sections 160.900–160.925, 161.092, and 376.1218, RSMo 2016. This rule previously filed as 5 CSR 70-742.141.

5 CSR 25-100.310 General Provisions Governing Programs Authorized Under Early Childhood Development, Education, and Care {#sec-5-csr-25-100.310 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-100.310}

(Rescinded March 30, 2022)

rule previously filed as 5 CSR 20-600.130. Original rule filed Aug. 30, 2012, effective March 30, 2013. Moved to 5 CSR 20-100.310, effective Sept. 18, 2018. Moved to 5 CSR 25-100.310, effective Aug. 30, 2021. Rescinded: Filed Sept. 8, 2021, effective March 30, 2022.

History

• AUTHORITY: sections 161.092 and 313.835, RSMo Supp. 2012. This

5 CSR 25-100.320 Prekindergarten Program Standards {#sec-5-csr-25-100.320 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-100.320}

PURPOSE: This rule requires that any school district reporting children ages three (3) to five (5) for calculation in their average daily attendance must meet standards approved by the State Board of Education.

(1) Any school district or charter school reporting children ages three (3) to five (5) for calculation in their average daily attendance must meet standards approved by the State Board of Education (board) including:

(A) A lead teacher in each prekindergarten classroom who holds a bachelor’s degree and teaching certificate in early (12/31/23) John R. Ashcroft childhood education or early childhood special education; and (B) A teacher assistant or paraprofessional who holds an associate’s degree in early childhood, or child development, or sixty (60) college hours with a minimum of nine (9) college credit hours in early childhood, child development, or child/ family related courses and experience working in a program with young children and their families for any classroom with more than ten (10) children.

(2) Any school district or charter school contracting with an early childhood education program reporting children ages three (3) to five (5) for calculation in their average daily attendance must meet standards approved by the board set forth in (1)(A) and (B) of this rule, and including:

(A) The program provides school day, school year programming with options for full day, full year programming;

(B) The program has a teacher-to-child ratio of one (1) to ten (10), maximum class size of twenty (20) children;

(C) The program implements a developmentally appropriate curricula aligned with the early learning standards, and approved by the Department of Elementary and Secondary Education (DESE);

(D) The program aligns with the early learning standards that implement a developmentally appropriate, culturally and linguistically appropriate, authentic, reliable, and valid general development and social/emotional screening tool and summative assessment used with all children. Information from the screenings and assessments will be used for educational purposes;

(E) The program develops and implements procedures to ensure all staff members of the early childhood education program shall undergo background checks as described in

section 168.133, RSMo; and (F) The program is accredited by Missouri Accreditation of Programs for Children and Youth within ninety (90) days of a fully executed contract.

Amended: Filed Aug. 16, 2019, effective March 30, 2020. Moved to 5 CSR 25-100.320, effective Aug. 30, 2021. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014; 163.011, RSMo 1963, amended 1967, 1973, 1977, 1982, 1985, 1986, 1988, 1992, 1993, 1996, 1997, 1998, 1999, 2001, 2002, 2005, 2006, 2007, 2008, 2009, 2014, 2015, 2016; 163.018, RSMo 2014, amended 2016, 2018, 2019; and 168.011, RSMo 1963, amended 1984.

History

• AUTHORITY: sections 161.092, 163.011, and 168.011, RSMo 2016, and section 163.018, RSMo Supp. 2019. This rule previously filed as 5 CSR 20-600.140. Original rule filed Feb. 20, 2015, effective Oct. 30, 2015. Moved to 5 CSR 20-100.320, effective Sept. 18, 2018.

5 CSR 25-100.330 General Provisions Governing Programs Authorized Under the Early Childhood Development Act {#sec-5-csr-25-100.330 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-100.330}

PURPOSE: The Department of Elementary and Secondary Education is authorized by the Early Childhood Development Act to administer a program of grants to local public school districts for the provision of early childhood screening, parent education, and programs for developmentally delayed children. This rule sets forth the general provisions governing those programs.

PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this

rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) All programs and projects carried out by school districts under the Early Childhood Development Act (ECDA) shall be conducted in conformity with— (A) The school district’s annual application for district program approval under the ECDA, pursuant to applicable state laws and regulations and the following:

1. The school district shall designate a supervisor who will be responsible for the oversight, delivery, and evaluation of the parent education program including presenting the goals, objectives, and effectiveness of the program regularly to the local school board;

2. The school district shall establish a Community Advisory Committee or utilize an existing committee that includes key stakeholders such as families, early childhood providers, school administration, school board members, and other community leaders. The purpose of the Community Advisory Committee is to promote, plan, and evaluate the parent education program. The Community Advisory Committee shall meet, at a minimum, twice during the program year;

3. The school district shall provide families with access to qualified parent educator(s) who provide parent education services. The parent educator(s) shall be trained in an approved curriculum and complete the required hours of annual professional development;

4. The school district shall provide an approved parent education program that supports families expecting a child or who have a child under the age of kindergarten entry. These services shall be provided for, at a minimum, nine (9) months during the program year;

5. The school district shall offer families access to personal visits, developmental screenings, group connections, and a network of resources within the community to support their child’s education and development;

6. The school district shall, annually, gather and summarize feedback from families regarding the services received and use the results for program improvement;

7. The school district shall utilize a systematic method for collecting, reporting, and securely storing data;

8. If a school district fails to offer or is unable to offer an approved parent education program, the district shall enter into a contract with another district, public agency, or stateapproved not-for-profit agency to offer a program compliant with this rule; and 9.

Funds received from the department, subject to appropriation by the General Assembly, for this parent education program cannot be used to support other programs and services provided in the school district. Prior to payment for programs and projects carried out by school districts under the ECDA, the school district shall agree to follow all procurement assurances, including monitoring, for the use of state and/or federal funds by written agreement with the department.

(B) The Early Childhood Development Act (ECDA)

Administrative Manual for Missouri Parents as Teachers Parent Education Program contains the administrative provisions for the delivery of the state’s school district parent education services. The ECDA Manual is hereby incorporated by reference and made a part of this rule. A copy of the ECDA Manual (revised September 2022) is published by and can be obtained Denny Hoskins (5/31/25)

AND SECONDARY EDUCATION DIVISION 25—OFFICE OF CHILDHOOD from the Department of Elementary and Secondary Education, Office of Childhood, 205 Jefferson Street, PO Box 480, Jefferson City, MO 65102-0480, and at its website at https://dese.mo.gov/ governmental-affairs/dese-administrativerules/incorporatedreference-materials. This rule does not incorporate any subsequent amendments or additions.

(2) Any rule or interpretation of a rule promulgated by the State Board of Education in exercising its responsibilities under the statute may be waived by the assistant commissioner, Office of Childhood, upon determination that a situation exists in which the application of the rule or interpretation would cause an extreme hardship upon the affected party, or would work to the detriment of the intended beneficiaries of the program.

Amended: Filed July 28, 2000, effective Feb. 28, 2001. Amended:

Filed Oct. 29, 2002, effective April 30, 2003. Amended: Filed Jan. 16, 2008, effective Aug. 30, 2008. Amended: Filed June 10, 2010, effective Dec. 30, 2010. Moved to 5 CSR 20-600.110, effective Aug. 16, 2011. Amended: Filed Feb. 27, 2013, effective Sept. 30, 2013.

Amended: Filed May 28, 2015, effective Dec. 30, 2015. Moved to 5 CSR 20-100.330 and amended: Filed Nov. 29, 2018, effective June 30, 2019. Non-substantive change filed July 30, 2019, published Sept. 30, 2019. Moved to 5 CSR 25-100.330, effective Aug. 30, 2021.

Amended: Filed June 24, 2022, effective Feb. 28, 2023. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014; 178.691, RSMo 1984; 178.693, RSMo 1984, amended 1985, 1993; 178.694, RSMo 2022; 178.695, RSMo 1984, amended 1992; 178.697, RSMo 1984, amended 1993, 2010; 178.698, RSMo 1993; and 178.699, RSMo 1984.

History

• AUTHORITY: sections 161.092, and 178.691–178.699, RSMo 2016 and Supp. 2022. This rule previously filed as 5 CSR 50-270.010 and 5 CSR 20-600.110. Original rule filed April 4, 1985, effective Sept. 3, 1985. Rescinded and readopted: Filed Feb. 27, 1992, effective Sept. 6, 1992. Amended: Filed June 29, 1995, effective Jan. 30, 1996. Amended: Filed May 29, 1998, effective Dec. 30, 1998.

5 CSR 25-100.340 Early Childhood Education Standards {#sec-5-csr-25-100.340 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-100.340}

PURPOSE: This rule establishes policies and standards for statefunded prekindergarten education program grants.

(1) Any program that receives state funding to deliver prekindergarten education shall meet the following quality early childhood education (ECE) standards:

(A) The prekindergarten program shall include— 1. Voluntary, universal access for all children to participate;

2. A schedule that identifies daily instructional time and the duration of the academic year;

3. A work schedule for the teachers that covers the entire instructional time identified in the annual calendar and daily schedule; and 4. The daily work schedule for qualified teaching assistant(s) or paraprofessional(s) that must cover the entire instructional time identified in the annual calendar and daily schedule;

(B) The program shall use a comprehensive departmentapproved curriculum or department-approved supplemental curriculum that aligns with all areas of the Missouri Early Learning Standards;

(C) The program shall conduct assessments aligned with the Missouri Early Learning Standards;

(D) Any teacher in a prekindergarten classroom shall have— 1. A current Missouri early childhood or early childhood special education teaching certificate;

2. A bachelor’s degree or higher in ECE, early childhood special education, or child development;

3. A bachelor’s degree or higher in any field with a minimum of thirty-six (36) college credit hours in ECE or child development; or 4. An associate’s degree in ECE or child development; associate’s degree in any field with a minimum of eighteen (18) college credit hours in ECE or child development; or sixty (60) college credit hours with a minimum of twenty-four (24) college credits in ECE or child development with— A. Active enrollment in pursuit of one (1) of the credentials listed in paragraphs (1)(D)1.-3.; and B. Teaching under the supervision and mentorship of an individual who meets one (1) of the credentials listed in paragraphs (1)(D)1.-3.;

(E) Any prekindergarten classroom with eleven (11) to twenty (20) children shall have a teaching assistant or a paraprofessional;

(F) Any teaching assistant in a prekindergarten classroom shall have— 1. A current Preschool Child Development Associate (CDA) credential; or 2. Nine (9) college credit hours in ECE or child development;

(G) Any paraprofessional in a prekindergarten classroom shall have a department paraprofessional credential;

(H) The program shall participate in the Quality Assurance Report (QAR) and will demonstrate quality within two (2) years of participation in QAR;

(I) All teachers, assistant teachers, and paraprofessionals shall complete a minimum of eighteen (18) clock hours annually of professional development in at least four (4)

Missouri professional development content areas; and (J) The policies and standards identified in this regulation shall not supersede requirements set forth by the funding for prekindergarten education.

rule filed Dec. 6, 2023, effective Dec. 20, 2023, expired June 16, 2023. Original rule filed Dec. 6, 2023, effective June 30, 2024. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014, and 161.213, RSMo 2006.

History

• AUTHORITY: sections 161.092 and 161.213, RSMo 2016. Emergency

5 CSR 25-100.350 Early Learning Quality Assurance Report {#sec-5-csr-25-100.350 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-100.350}

PURPOSE: This rule implements the provisions of section 161.217, RSMo, for the purpose of recognizing quality in early learning and education programs and supporting the implementation of essential quality practices.

(1) General Requirements.

(A) Participation shall be voluntary.

(B) Participation is open to eligible programs.

1. Local education agencies.

A. Local education agencies shall designate which classrooms will participate in the quality assurance report.

2. Child care programs licensed by the Department of Elementary and Secondary Education (the department).

3. Programs exempt from licensure per section 210.211, RSMo, and contracted with the department to accept child care subsidy.

(C) Participation requires providing services to children between birth to kindergarten entry.

(D) Participation requires all classrooms serving children (5/31/25) Denny Hoskins between birth to kindergarten entry within programs in paragraphs (1)(B)2. and (1)(B)3. to participate in the quality assurance report.

(2) Quality Indicators.

(A) Quality interactions.

1. Teacher–child interactions.

2. Classroom environment.

(B) Operational practices.

1. Business practices.

2. Staff qualifications.

3. Professional development.

4. Health and wellness.

5. Enhanced program features.

(C) Responsive practices.

1. Curriculum.

2. Child assessment.

3. Inclusion and expulsion policy.

4. Family/community engagement.

5. Cultural and linguistic competency.

(3) Quality Designations.

(A) A program will be recognized as demonstrating quality when— 1. Quality interactions have been achieved based on an average of the assessment scores;

2. Three (3) operational practices have been achieved; and 3. Three (3) responsive practices have been achieved.

(B) A program will be recognized as exhibiting high quality when— 1. Quality interactions have been achieved based on average assessment scores;

2. Four (4) operational practices have been achieved; and 3. Four (4) responsive practices have been achieved.

(C) Quality indicators shall be assessed every two (2) years.

(D) The department shall not publish the quality designation for any program that is subject to legal proceedings for licensing revocation, that are operating under a probationary license, or that is no longer contracted with the department to accept child care subsidy. However, a program that meets one of these criteria may continue to participate in the quality assurance report without receiving any recognition or privileges associated with the quality designation.

(4) Programs may receive coaching to improve quality that is customized and based on an agreed-upon frequency between the program administrator and a quality specialist.

(A) All classrooms may receive coaching from a quality specialist until both paragraphs (2)(A)1. and (2)(A)2. assessment scoring thresholds have been achieved.

(B) Program administration may receive technical assistance from a quality specialist to work towards achieving a quality designation.

(5) Continuing Eligibility.

(A) If a program transfers ownership, the program may maintain its quality designation if— 1. The departmental vendor number remains the same;

2. The program remains in the same physical location;

3. The program capacity and age groups served remains the same; and 4. The program retains at least fifty percent (50%) of instructional and administrative staff.

(B) Programs will be removed from the quality assurance report if— 1. The program provides inaccurate or fraudulent information;

2. The program does not achieve a quality designation in the first four (4) years;

3. The program staff are uncooperative with the department or designees; or 4. The program is no longer eligible to participate.

(C) Programs that have been removed from the quality assurance report may not return to the quality assurance report for twelve (12) months from the date of removal.

(6) Programs may appeal department decisions related to the following:

(A) Quality interactions assessment if— 1. The assessor did not use the appropriate assessment tool;

2. The observation and rating protocol of the department approved assessment tool was not followed; or 3. The assessor had a conflict of interest or exhibited bias during the assessment;

(B) Operational practices and responsive practices quality indicators if— 1. Submitted documentation was not reviewed; or 2. Program disagrees with the result; and (C) Programs shall submit appeals in writing to the department within fifteen (15) calendar days of the assessment or quality indicator decision.

1. Appeals shall be reviewed by a three- (3-) person panel including department staff, a quality specialist, and a quality supervisor.

A. Panelists shall be from a different region than the program.

B. Panelists shall not have direct experience working with the program.

2. The decision of the panel will be final.

A. If the original decision is upheld, the program will be notified.

B. If the original decision is overturned, the program will be notified. If the indicator is in— (I) Quality interactions, the program will be reassessed by a different assessor; and (II) Operational practices or responsive practices, the appealed indicator will be awarded.

History

• AUTHORITY: section 161.092, RSMo 2016, and section 161.217, RSMo Supp. 2024. Original ruled filed Nov. 19, 2024, effective June 30, 2025. Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014, and 161.217, RSMo 2016, amended 2018, 2022.

Chapter 200 Child Care Subsidy

5 CSR 25-200.070 Registration Requirements for Child Care Providers Serving Four (4) {#sec-5-csr-25-200.070 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-200.070}

5 CSR 25-200.090 Registration Requirements for Licensed Child Care Facilities to {#sec-5-csr-25-200.090 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-200.090}

5 CSR 25-200.120 Regulatory and Contractual Violations of Registered Child Care SECONDARY EDUCATION {#sec-5-csr-25-200.120 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-200.120}

5 CSR 25-200.050 Definitions {#sec-5-csr-25-200.050 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-200.050}

PURPOSE: This regulation establishes the definitions that will be used throughout regulations 13 CSR 35-32.050 to 13 CSR 35-32.130.

(1) For the purposes of 13 CSR 35-32.050 through 13 CSR 35- 32.130, the following terms shall be defined pursuant to this

regulation.

(2) “Adjusted Gross Income” means the applicant’s gross income less health insurance premiums paid for by household members.

(3) “Agency Error” means Child Care Subsidy incorrectly paid on behalf of a participant due to an action by the division.

These actions may include, but are not limited to:

(A) Loss or misfiling of forms or documents;

(B) Data entry errors;

(C) System errors;

(D) Mathematical errors;

(E) Failure to determine eligibility correctly or in a timely manner or to certify subsidy in the correct amount when all essential information was available to the division; or (F) Failure to make timely changes to re-determine eligibility following amendments to policies requiring the changes by a specific date.

(4) “Applicant” means a person applying to be a recipient of Child Care Subsidy.

(5) “Background check” shall include:

(A) A search of the state criminal and sex offender registries or repositories in Missouri and in the state where the child care provider, employee, or volunteer resides, and each state where such person resided during the preceding five (5) years;

(B) A search of the Family Care Safety Registry as described in sections 210.903 through 210.936, RSMo, and state-based child abuse and neglect registries and databases in the state where the child care provider, employee, or volunteer resides, and each state where such person resided during the preceding five (5) years; and (C) A search of the National Crime Information Center, a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System, and a search of the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.).

(6) “Certificate of Registration” means the legal document issued to a child care provider by the division for a period not to exceed one (1) year which indicates the child care provider has met the minimum health and safety requirements, subject to compliance with sections 210.025 and 210.027, RSMo and 13 CSR 35-32.070.

(7) “Child Care Services” means child care provided to an eligible child on a regular basis either in or away from the child’s residence, for less than twenty-four (24) hours per day, provided by an eligible child care provider as defined in

section (16).

(8) “Child Care Provider” means a child care center, group home, or family home that provides child care services, whether known or incorporated under another title or name.

(9) “Child Care Provider Applicant” means an individual applying to be registered or contracted as a child care provider.

(10) “Child Care Subsidy” means the program that makes payment to a child care provider, or in rare circumstances reimburses the parent, by the division if the department finds a family unit eligible for child care services.

(11) “Child with Special Needs” means an eligible child who is under the age of eighteen (18), or under age nineteen (19) and still in school, who meets one (1) or more of the following verified criteria:

(A) A child receiving Supplemental Security Income (SSI);

(B) A child receiving services through the Missouri Department of Mental Health;

(C) A child with a physical or mental disability or delay verified in writing by a medical professional or mental health professional;

(D) A Protective Service Child;

(E) An Adoption Subsidy Child; or (F) A child under court-ordered supervision.

(12) “Department” means the Missouri Department of Social Services.

(13) “Director” means the director of the Children’s Division of the Department of Social Services.

(14) “Division” means the Children’s Division of the Department of Social Services.

(15) “Eligible Child” means:

(A) A child who resides with a parent who meets the program and financial eligibility requirements for the particular type of Child Care Subsidy and who— 1. Is a citizen of the United States of America or a qualified alien; and 2. Is under the age of thirteen (13); or 3. Is under the age of eighteen (18) and classified as having a special need; or 4. Is under age nineteen (19) and still in school and classified as having a special need; or (B) A protective Services Child.

(16) “Eligible Child Care Provider” means one (1) of the following:

(A) A child care provider licensed by the Missouri Department of Health and Senior Services and contracted with the Missouri Department of Social Services; or (B) A child care provider determined to be license exempt by the Missouri Department of Health and Senior Services and registered and contracted with the department; or (C) A child care provider caring for four (4) or fewer children not related to the child care provider within the third degree by blood, marriage, or adoption and registered and contracted with the department, in accordance with 13 CSR 35-32.070; or (D) An out-of-state child care provider licensed or exempt from licensure, based on that state’s license requirements, and registered and contracted with the department; or (E) A child care provider under the jurisdiction of a military base and is registered and contracted with the department.

(17) “Eligibility Unit” means people living in the same household, whose needs and income shall be considered when determining eligibility for Child Care Subsidy, including:

(A) The child for whom care is requested;

(B) The child’s parents (whether married or unmarried);

(C) The child’s parent’s spouse;

(D) The child’s biological, step-, half-, or adopted sibling(s) under eighteen (18) years of age;

(E) The unmarried parental partner who is the parent of the child’s sibling;

(F) The child under eighteen (18) years of age of the unmarried parental partner;

(G) The Non-Parent Caretaker Relative (NPCR) if no biological or adoptive parent or legal guardian resides in the household; and (H) A school age child, who is also the parent of a child in the same home, has the option of being a separate family unit for purposes of determining eligibility for Child Care Subsidy.

(18) “Emergency preparedness and response plan” means planning for emergencies resulting from a natural disaster or a man-caused event (such as violence at a child care facility).

(19) “Exempt from licensure” means a child care provider pursuant to section 210.211, RSMo.

(20) “Gross Income” includes, but is not limited to, income from the following:

(A) Wages, salary, and income from self-employment;

(B) Commissions, tips, bonuses;

(C) Dividends and interest;

(D) Social Security benefits, including disability and survivor benefits;

(E) Pensions and annuities;

(F) Estate Income;

(G) Unemployment and worker’s compensation; and (H) Alimony and child support.

(21) “Intentional Violation” means the receipt of any benefit through the wrongful acquisition or issuance of Child Care Subsidy payment for child care services by the division through false representation or concealment of material facts by the participant, eligibility unit, child care provider, or any other representatives. These actions may include, but are not limited to:

(A) Submission of inaccurate information for the purpose of obtaining compensation for which the child care provider is not legally entitled;

(B) Charging the division an amount higher than what is charged for private pay participants for the same child care services;

(C) Failure to maintain the Child Attendance Record by the eligibility unit as specified by the division;

(D) Improper billing practices that do not comply with the child care provider’s agreement or that do not comply with state or federal laws and regulations governing child care services;

(E) False or misleading statements, oral or written, regarding the participant’s income or other circumstances that affect eligibility or the amount of subsidy received; or (F) Failure to timely report changes in income or other circumstances that affect eligibility or the amount of subsidy received.

(22) “Licensed child care provider” means a child care provider pursuant to section 210.201, RSMo.

(23) “Licensed exempt” means a child care provider pursuant to

section 210.211, RSMo.

(24) “Maximum base rate” means the amount paid to the child care provider based on the age of the child for whom child care services are requested, hours of care requested, the facility type requested, and the applicable geographic area of the state.

(25) “Medical Professional” means a licensed physician pursuant to section 632.005, RSMo, a nurse practitioner, or physician’s assistant.

(26) “Mental Health Professional” means a mental health professional pursuant to section 632.005, RSMo, or licensed clinical social worker.

(27) “Overpayment” means any benefit or payment received in an amount greater than the amount the participant or child care provider is entitled to receive.

(28) “Parent” means a child’s biological parent whose parental rights have not been terminated, a step-parent, an adoptive parent, a legal guardian, a caretaker relative, or other person standing in loco parentis for the child who has applied for Child Care Subsidy.

(29) “Participant” means an applicant for Child Care Subsidy found to be eligible to receive Child Care Subsidy.

(30) “Promissory Note” means a written, dated, and signed promise by one (1) party to pay money to another party on demand or at a specified future date.

(31) “Protective Services Child” means a child in foster care or receiving preventive services through the division.

(32) “Qualified Alien” means any person who is not a citizen or national of the United States who, at the time such person applies for, receives, or attempts to receive a federal public benefit, is— (A) Lawfully admitted for permanent residence under the Immigration and Nationality Act, as codified in 8 U.S.C. section 1101, et. seq.;

(B) Granted asylum under section 208 of such Act, as codified in 8 U.S.C. section 1158;

(C) A refugee admitted to the United States under section 207 of such Act, as codified in 8 U.S.C. section 1157;

(D) Paroled into the United States for a period of at least one (1) year under section 212(d)(5) of such Act, as codified in 8 U.S.C.

section 1182 (d)(5);

(E) An alien whose deportation is being withheld under

section 243(h) of such Act, as codified in 8 U.S.C. section 1253 as amended;

(F) Granted conditional entry pursuant to section 203(a)(7) of such Act, as codified in 8 U.S.C. section 1153 (a)(7) as in effect prior to April 1, 1980; or (G) A Cuban or Haitian entrant, as defined in section 501(e) of the Refugee Education Assistance Act of 1980 (Public Law 96-422).

(33) “Rate Differential” means an additional amount paid to a child care provider over and above the maximum base rate.

(34) “Recoupment” means the repayment of an overpayment by a reduction in a future payment to the child care provider.

(35) “Registered Child Care Provider” means a child care provider who is exempt from licensure or licensed exempt as defined in section 210.211, RSMo.

(36) “Related Child” means the relationship of the child to the child care provider is within the third degree, which includes siblings (if not residing in the same home), nephews, nieces, grandchildren, and great-grandchildren.

(37) “School Age” means an eligible child at least five (5) years of age.

(38) “Sliding Fee” means participant’s share of the child care cost based on the eligibility unit’s income and household size.

(39) “Staff” means a person employed by a child care provider or a volunteer who is counted in staff/child ratios.

(40) “Substantiated Child Abuse and Neglect Report” or “Substantiated CA/N Report” means when the division has determined that there is sufficient evidence to believe that a person committed child abuse or neglect, either by finding of probable cause prior to August 28, 2004, or by a preponderance of the evidence after August 28, 2004.

(41) “Transitional Child Care” means a benefit program assisting families currently receiving Child Care Subsidy with the continued cost of child care at a reduced rate of the regular Child Care Subsidy payment when the family’s income increases and becomes greater than the full Child Care Subsidy income eligibility guidelines allow, with the families having an increased responsibility for the cost of child care.

(42) “Unintentional Violation” means the receipt of any benefit through the wrongful acquisition or issuance of Child Care Subsidy payment for child care services by the division through incorrect representation, but not by the concealment of material facts by the participant, eligibility unit, child care provider, or any other representatives. These actions may include, but are not limited to:

(A) The participant or child care provider unintentionally failing to provide the division with the correct or complete information;

(B) The child care provider failing to notify the division that their license status has changed or business operation changes have occurred that affect the payment rate; or (C) The child care provider submitting information, such as invoices or attendance records, with unintentional errors.

(43) “Unrelated Child” means a child who is not related to the provider within the third degree of consanguinity or affinity. originally filed as 13 CSR 35-32.050. Original rule filed Jan. 3, 2017, effective Aug. 30, 2017. Moved to 5 CSR 25-200.050, effective Aug. *Original authority: 207.020, RSMo 1945, amended 1961, 1965, 1977, 1981, 1982, 1986,

5 CSR 25-200.060 Eligibility and Authorization for Child Care Subsidy {#sec-5-csr-25-200.060 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-200.060}

PURPOSE: This rule establishes the requirements for eligibility and authorization of Child Care Subsidy.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this

rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) Eligibility. To be eligible to receive Child Care Subsidy, the applicant shall meet the criteria established in the Child Care Subsidy Eligibility Policy Manual (Manual), revised November 2022, which is hereby incorporated by reference and made a

part of this rule as published by the Department of Elementary and Secondary Education (department), Office of Childhood, and available at the department, 205 Jefferson Street, PO Box 480, Jefferson City, MO 65102- 0480, and its website at https://dese.mo.gov/childhood/child-care-subsidy/child-caremanual and at https://dese. mo.gov/governmental-affairs/deseadministrative-rules/incorporated-reference-materials. This

rule does not incorporate any subsequent amendments or additions. Eligibility criteria includes information regarding:

(A) Residency of the applicant and the child;

(B) Citizenship status of the child;

(C) Eligibility unit composition;

(D) Relationship between the applicant and the child;

(E) Income; and (F) Need for child care.

(2) Processing of Application.

(A) An applicant shall request child care subsidy in person, by telephone, by mail, by fax, or by electronic means to the Missouri Department of Elementary and Secondary Education (department) or designee. The information required to apply shall include but is not limited to information related to the applicant’s residency, the child’s citizenship status, household eligibility unit’s composition, relationship to the child, household eligibility unit’s assets, and income.

(B) Applicants shall provide complete and accurate information to the department or designee when determining eligibility or continuing eligibility for child care subsidy benefits. Applicants who fail to provide complete and accurate information or to comply with the provisions of these rules or the Manual shall be ineligible for Child Care Subsidy.

(C) Information provided by applicants or participants shall not be disclosed to the public, except as allowed by section 208.120, RSMo.

(D) Upon receipt of a completed application, the department or designee shall review the application and determine the applicant’s eligibility.

(E) If the department or designee determines the applicant is eligible for Child Care Subsidy, the department or designee shall determine the authorization amount for the child, in accordance with the Manual.

(F) If the department or designee determines the applicant is eligible for Child Care Subsidy, the department or designee shall send a written notice to the applicant notifying him/her of child care services authorized, amount of sliding scale fee, and changes that shall be reported to maintain eligibility in accordance with the Manual.

(G) If the department or designee determines the applicant is not eligible for Child Care Subsidy, the department or designee shall send a written notice to the applicant. The notice shall— 1. Inform the applicant of the nature of the decision;

2. Include a brief summary of the factual and legal basis for the department’s decision; and 3. Notify the applicant of his/her right to appeal to the Assistant Commissioner of the Office of Childhood or designee.

(3) Payment.

(A) Parental Choice.

1. A participant may enroll his/her child with any child care provider contracted with the department, subject to acceptance by the child care provider. A parent may choose to enroll his/her child with a different provider at any time.

2. Child Care Subsidy payments shall be made directly to the child care provider.

3. The parent shall notify the department or designee of the initial child care provider, and any change in the child care provider within ten (10) calendar days of the change. The notice shall include the date of disenrollment from the provider, the name and identifying information of the child and, where applicable, identify a new child care provider contracted with the department.

(B) Maximum Payment. Maximum payment by the department for child care services shall not exceed the maximum base rate plus any rate differentials or the actual charges by the child care provider, whichever is less. The maximum base rate is set on an annual basis based on appropriations from the General Assembly for the child care subsidy program and is based on the age of the child, facility type, and geographic area.

(C) Sliding Scale Fee. Child care participants may be required to pay a fee to the child care provider based on their adjusted gross income and family size. This fee shall be based on a sliding scale fee, which shall be determined on an annual basis based on appropriations from the General Assembly.

1. The sliding scale fee amount is determined by the household size and adjusted gross income.

2. The maximum child care subsidy payment shall be the maximum base rate minus the applicable sliding scale fee amount, if any.

3. The maximum base rate is based on the age of the child for whom child care services are requested, amount of care, the facility type, and the applicable geographic area of the state.

The maximum base rate is subject to appropriations.

4. The sliding scale fee may be waived for a child with special needs.

5. At the time of application or redetermination, child care participants who failed to pay the required sliding scale fee shall be ineligible for Child Care Subsidy until the required sliding scale fee is paid or until the child care participant enters into a written agreement with the child care provider to pay the required fee.

(D) Copayment. Child care participant(s) may be required to pay a copayment to the child care provider when the child care provider’s rate for care is higher than the maximum rate paid by the department. The parent shall negotiate this fee directly with the child care provider. The department shall not be responsible for the payment of, collection, or enforcement of any copayment.

(4) Maintaining Eligibility.

(A) Reporting Changes.

1. A participant shall report changes to the department or designee within ten (10) calendar days from the date of occurrence in accordance with the Manual.

2. Failure to timely report the changes subject to reporting may result in a participant overpayment pursuant to 5 CSR 25- 200.100.

3. Upon receipt of a reported change, the department or designee shall assess the participant’s continued eligibility.

4. Participants shall remain eligible for child care subsidy for not less than after ninety (90) days a participant’s employment, job training, or educational program ends.

(B) Annual Redetermination. To continue to receive child care subsidy, participants shall request a redetermination at least thirty (30) calendar days prior to the end of the eligibility period.

(C) Transitional Child Care. An eligibility unit may be allowed a gradual phase out of child care assistance if the eligibility unit’s income has increased but remains less than the upper income limit for the highest level of transitional child care in accordance with the Manual. The department or designee shall determine the participant’s eligibility for transitional child care and shall notify the participant in writing.

(5) Appeal Rights. Any participant/applicant whose child care subsidy eligibility has been denied or changed may appeal such decision to the Assistant Commissioner or designee.

(A) The participant/applicant shall request an appeal to the Assistant Commissioner or designee in writing within ninety (90) calendar days of the date of notification of the denial or change of Child Care Subsidy eligibility.

(B) If the participant/applicant timely makes an appeal to the Assistant Commissioner or designee, the Assistant Commissioner or designee may utilize the Administrative Hearings Unit of the Division of Legal Services of the Department of Social Services to hear all cases.

(C) The burden shall be on the participant/applicant to prove:

1. The denial or change of Child Care Subsidy eligibility was inconsistent with all applicable laws and regulations.

(D) The department may present testimony, documents, or other evidence to rebut evidence presented by the participant/ applicant.

(E) Upon completion of the hearing, the Administrative Hearings Unit shall issue a written decision as approved by the Assistant Commissioner or designee, except in default cases or cases disposed of by stipulation, consent order, or agreed settlement. The decision shall include or be accompanied by findings of fact and conclusions of law. The findings of fact shall be stated separately from the conclusions of law and shall include a concise statement of the findings on which the agency based its order. The Administrative Hearings Unit shall deliver or mail its decision, findings of fact, and conclusions of law to each party, or his/her attorney of record. The decision of the Administrative Hearings Unit shall be the final decision of the department.

(6) Destruction of Records. The department may destroy all applications and records compiled in connection with the determination and payment of Child Care Subsidy after five (5) years have elapsed after the case is closed or the application has been rejected and the decision is final.

(7) Child Care Subsidy for Protective Service Children.

(A) The following categories of children are eligible for alternative eligibility determinations at the time of application:

1. Children in the legal custody of the Department of Social Services, Children’s Division, pursuant to an order of the juvenile court;

2. Children who are the subject of a current adoption or guardianship subsidy agreement with the Children’s Division; or 3. Children with an active family-centered service or intensive in-home service case with the Children’s Division.

(B) These categories of children, or their parent(s), shall not be required to demonstrate a financial need for Child Care Subsidy under this subsection and are not subject to the eligibility unit’s income maximums. The child’s Protective Service status shall be the valid need for child care.

(C) Processing of the application and maintaining eligibility shall be in accordance with the Manual for this subset of children. The department or designee may utilize an alternative, expedited process, as stated in the Manual.

(8) Wait Lists.

(A) In the event that the number of participants exceeds program funding from the General Assembly, as determined by the department, the department may utilize a waiting list.

(B) The department’s waiting list shall utilize a priority ranking system for participants, in the following order:

1. Children with special need as defined in 5 CSR 25- 200.050;

2. Children classified as homeless as defined in the McKinney-Vento Homeless Assistance Act;

3. Eligibility units with an adjusted gross income under one hundred (100) percent of the Federal Poverty Level;

4. Eligibility units with an adjusted gross income of one hundred (100) percent of the Federal Poverty Level or greater.

section 9858, et. seq., Executive Order 03-03. This rule originally filed as 13 CSR 35-32.060. Original rule filed Jan. 3, 2017, effective Aug. 30, 2017. Moved to 5 CSR 25-200.060, effective Aug. 28, 2021.

Amended: Filed Aug. 25, 2022, effective April 30, 2023. *Original authority: 161.092 RSMo 1963, amended 1973, 2002, 2003, 2013, 2014; 207.020, RSMo 1945, amended 1961, 1965, 1977, 1981, 1982, 1986, 1993, 2014; and 208.044 RSMo 1989, amended 2012, 2019, 2022; 208.046 RSMo 2010, amended 2022; and 210.027, RSMo 1999, amended 2014, 2018, 2022.

History

• AUTHORITY: sections 161.092, 207.020, and 210.027, RSMo 2016, and sections 208.044 and 208.046, RSMo Supp. 2022. 42 U.S.C.

5 CSR 25-200.070 Registration Requirements for Child Care Providers Serving Four (4) or Less Unrelated Children {#sec-5-csr-25-200.070 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-200.070}

PURPOSE: The purpose of this rule is to implement the provisions of sections 210.025 and 210.027, RSMo, for the purpose of registering child care providers and defining eligibility for providers to receive state or federal funds for providing child care services.

(1) Requirements for Registration. To receive a certificate of registration as a registered child care provider, the child care provider applicant shall meet the requirements set forth in this

section.

(A) The child care provider applicant must have attained eighteen (18) years of age.

(B) The child care provider shall not care for more than four (4) unrelated children.

(C) A child care provider applicant shall— 1. Pass a background check as defined in 13 CSR 35-32.050.

Passing a background check shall include:

A. The child care provider shall not have received a substantiated child abuse and neglect report;

B. The child care provider shall not have been previously refused licensure or have experienced licensure suspension or revocation;

C. The child care provider cannot appear on the Department of Mental Health’s Disqualification Registry pursuant to section 630.170, RSMo;

D. The child care provider shall not be a registered sex offender or required to register as a sex offender in any state;

E. The child care provider applicant shall not have had a certificate of registration denied or revoked within the past six (6) months; and F. A child care provider applicant shall not have pled guilty or nolo contendere to or been found guilty of— (I) Any felony for an offense against the person as defined in Chapter 565, RSMo, or any other offense (misdemeanor or felony) against the person involving the endangerment of a child as prescribed by law;

(II) Any misdemeanor or felony for sexual offense as defined in Chapter 566, RSMo, for an offense against the family as defined in Chapter 568, RSMo, with the exception of the sale of fireworks to a child under the age of eighteen (18), for pornography or related offense as defined by Chapter 573, RSMo, for an offense relating to public assistance including, but not limited to, unlawful receipt, conversion or transfer of public benefits pursuant to sections 578.377 through 578.381, RSMo, (sections 570.400 through 570.404, RSMo, after January 1, 2017), perjury committed when obtaining public assistance pursuant to section 578.385, RSMo, (section 570.408, RSMo, after January 1, 2017); or (III) Any similar crime in any federal, state, municipal, or other court of similar jurisdiction or any offenses or reports which will disqualify an applicant from receiving state or federal funds, including the following:

(a) The following crimes, in any degree, if considered a felony in the jurisdiction in which it was filed: murder, manslaughter, assault, kidnapping, felonious restraint, false imprisonment, interference with child custodial rights, adult abuse or stalking, burglary; or (b) The following crimes, in any degree, if considered a felony or misdemeanor in the jurisdiction in which it was filed: rape, sodomy, prostitution, child molestation, bigamy, child abandonment, child endangerment, criminal nonsupport of a child, child abuse, elder abuse, robbery, arson, armed criminal action, unlawful possession/use/transfer of a firearm or weapon, unlawful promotion/possession/furnishing of obscene or pornographic material (including, but not limited to, child pornography), or human trafficking;

(c) The following crimes, in any degree, if considered a felony or misdemeanor in the jurisdiction in which it was filed and if involving the endangerment of a child or a child victim: assault, kidnapping, felonious restraint or false imprisonment, interference with child custodial rights; or (d) The following crimes, in any degree, if considered a felony or misdemeanor in the jurisdiction in which it was filed and if filed within the past ten (10) years: unlawful possession, sale, transfer, or trafficking of a controlled substance or any similar crime;

(e) The following crimes, in any degree, if considered a felony in the jurisdiction in which it was filed and if committed against the Department of Social Services or any division thereof: fraud, stealing, or forgery; or (f) Any municipal court offense for conduct which, if prosecuted in a court of general jurisdiction, would be an offense described in subparagraph (1)(C)1.F. above.

(D) The child care provider shall submit a “Risk Assessment for Tuberculosis” form, to be completed, signed, and dated by a medical professional no more than ninety (90) days prior to submission. If a child care provider has active, contagious tuberculosis, the child care provider must submit documentation showing that a medical professional has certified that the child care provider is non-infectious before the child care provider may become registered.

(E) Child care provider shall submit a statement completed, signed, and dated by a medical professional no more than ninety (90) days prior to submission on a prescribed form, regarding his/her opinion of the physical and mental health of the child care provider applicant and certifying that a physical examination was completed within the past ninety (90) days, that the child care provider applicant was free from communicable disease, and is not a threat to the health of children.

(F) Child care provider applicant and anyone residing with the child care provider applicant shall be legally allowed in the presence of children.

(G) All individuals residing with the child care provider applicant over the age of seventeen (17) shall pass— 1. A search of the Family Care Safety Registry as described in sections 210.903 through 210.936, RSMo; and 2. State-based child abuse and neglect registries and databases in Missouri and in the state where the child care provider household member resides, and each state where such person resided during the preceding five (5) years;

3. State-based sex offender registry or repository in Missouri and in the state where the child care provider household member resides, and each state where such person resided during the preceding five (5) years;

4. No individual residing with the child care provider applicant over the age of seventeen (17) shall have received a substantiated child abuse and neglect report, appear on the Department of Mental Health employee disqualification list, or be a registered sex offender or required to register as a sex offender in any state.

(H) The department shall not pay for any costs associated with the requirements of registration.

(I) The child care provider applicant must cooperate and allow for an unannounced on-site inspection by the division or designee at initial application. The on-site inspections shall ensure that the child care provider applicant’s home is in compliance with the following health, safety, fire, and other requirements:

1. Local ordinances, codes, and regulations.

A. The child care provider applicant’s home shall meet local ordinances, codes, and regulations, particularly with regard to fire safety and smoke or carbon monoxide detectors.

B. If there are no local ordinances or regulations regarding smoke and carbon monoxide detectors that apply to the child care provider applicant’s home, the child care provider applicant shall— (I) Install and maintain operable smoke and carbon monoxide detectors in accordance with the manufacturer’s instructions;

(II) Install and maintain all detectors on the ceiling or wall at a point centrally located in a corridor or other area giving access to rooms used for providing child care services in the home unless the manufacturer’s instructions provide otherwise; and (III) Ensure that when activated, the detectors shall provide an alarm in the structure or room;

2. Physical Space: The physical space of the child care provider applicant’s home must meet the following criteria:

A. It must be clean, free of insects and vermin;

B. It must have working heating and cooling systems;

C. It must have potable, running water, at least one (1) flushable toilet and one (1) sink for hand washing accessible to children;

D. Hygiene items such as toilet paper, soap, hand drying towels (paper or cloth) must be accessible to children;

E. The food preparation area clean and equipped to prepare snacks and meals;

F. It must have inside space for play and napping;

G. Hazardous materials must be inaccessible to children;

H. Smoking in the home is prohibited while children are present;

I. Weapons and ammunition stored in locked cabinets inaccessible to children; and J. Smoke detectors and fire extinguisher present;

3. Outdoor play area: The outdoor play area must meet the following criteria:

A. It must be an area safe, maintained, and no hazards;

B. The outdoor area must either be continuously fenced to ensure that the children cannot leave and others cannot enter the premises without supervision; or, if not fenced, child care provider must have a division approved, supervision plan for when children are in outdoor play area;

C. Pools and open water areas are not accessible to children without adult supervision; and D. Play equipment is well-constructed and free from hazards;

4. Emergency preparedness and response plan available and posted;

5. Animals: Any animals present on the premises must meet the following criteria:

A. They must be non-threatening to children;

B. None of the animals may have a history of attacking or injuring human beings or other animals;

C. The animals must be disease free and have all required vaccinations according to state and local law;

D. Indoor and outdoor areas used by children are free of animal excrement; and E. Litter boxes are not located in food preparation or serving area and inaccessible to children;

6. The child care provider applicant’s home must be free of illegal substances and criminal activity.

(J) The child care provider applicant shall register with Opportunities in a Professional Education Network (OPEN) and secure a Missouri Professional Development Identifier (MOPD-ID) to track and successfully complete all required trainings as approved by the division. The child care provider shall provide satisfactory, written documentation of successful completion to the division. The child care provider applicant shall successfully complete training which includes, but is not limited to:

1. First Aid and Cardiopulmonary Resuscitation (CPR);

2. Child Care Subsidy Orientation;

3. Prevention of Sudden Infant Death Syndrome and Safe Sleeping;

4. Prevention of Shaken Baby Syndrome and Abusive Head Trauma;

5. Emergency Disaster Response and Planning;

6. Mandatory Child Abuse and Neglect (CA/N) Reporting;

7. Prevention and Control of Infectious Diseases (including immunizations);

8. Administration of Medication, consistent with standards for parental consent;

9. Prevention and Response to Food Allergy Emergencies;

10. Building and Physical Premises Safety; including identification of and protection from hazards that can cause bodily injury;

11. Handling and Storage of Hazardous Materials and the Appropriate Disposal of Bio-Contaminants; and 12. Transportation of Children.

(K) If a child care provider applicant has an outstanding debt owed to the state due to a previous child care overpayment, the child care provider applicant must participate in a repayment plan pursuant to 13 CSR 35-32.050 to become registered with the division.

(2) Providing Care for Related Child. If a child care provider applicant wishes to provide child care to a related child, the child care provider applicant must meet the requirements listed in section (1) and must sign an attestation of relationship to child on a form provided by the division.

(3) Providing Care in the Child’s Home. If a child care provider applicant wishes to provide child care in the child’s home, the child care provider applicant must meet the requirements listed in section (1), with the exception of the on-site inspection listed in subsection (1)(I).

(4) Processing of Application.

(A) Upon receipt of an initial application for registration and completion of on-site inspection, the division shall review all information to make a determination as to whether the child care provider applicant is eligible to receive a certificate of registration. The division, in its discretion, may request additional documentation if concerns arise regarding the child care provider applicant’s ability to provide for the health and safety of children, ability to follow generally accepted accounting practices (GAAP), or to address other concerns as noted by the division. The child care provider applicant shall provide all requested documentation.

(B) If the division determines the child care provider applicant meets all eligibility requirements, the division shall issue a certificate of registration good for one (1) year to the child care provider applicant.

(C) If the division determines the child care provider applicant fails to meet eligibility requirements, the division may, in its discretion, give the child care provider a reasonable opportunity to cure any defect. The division may specify a reasonable time frame for the provider to cure the deficiency, not to exceed ninety (90) days. The division shall take into account the severity of any defect and whether such defect is likely to be cured in a reasonable amount of time. If the division determines that a defect cannot be cured or the applicant is otherwise ineligible, the division shall provide written notice of the denial of registration. The notice shall— 1. Inform the child care provider applicant of the nature of the decision;

2. State generally the factual and legal basis for the 3. Notify the child care provider applicant of his/her right to seek an administrative review.

(5) Renewal of Child Care Provider Registration.

(A) A child care provider shall renew registration annually.

The child care provider shall adhere to the time frames listed below for every subsequent renewal.

(B) To renew a certificate of registration as a registered child care provider, the child care provider shall— 1. Within ten (10) days of circumstance, incident, or occurrence which would alter any information provided in the child care provider’s original application for registration, the child care provider shall notify the division in writing;

2. Perform the following annually:

A. Cooperate and allow for an unannounced on-site inspection by the division or designee prior to renewal. The on-site inspections shall ensure that the registered child care provider is in compliance with the health, safety, fire, and other requirements listed in subsection (1)(I);

3. Perform the following every two (2) years:

A. Submit a “Risk Assessment for Tuberculosis” form, to be completed, signed, and dated by a medical professional no more than ninety (90) days prior to submission. If a registered child care provider has active, contagious tuberculosis, the registered child care provider must submit documentation showing that a medical professional has certified that the registered child care provider is non-infectious before the registered child care provider may become renewed; and B. Submit a statement completed, signed, and dated no more than ninety (90) days prior to submission by a medical professional on a prescribed form, regarding his/her opinion of the physical and mental health of the registered child care provider and certifying that a physical examination was completed no more than ninety (90) days prior to submission, that the registered child care provider was free from communicable disease and is not a threat to the health 4. Perform the following every five (5) years:

A. Pass a background check as defined in 13 CSR 35- 32.050. Passage of a background check shall be determined as defined in paragraph (1)(C)1. above;

B. All individuals residing with the registered child care provider over the age of seventeen (17) shall adhere to the requirements listed in subsection (1)(G) above; and C. Upon receipt of registration renewal request, the division shall make a determination as to whether the registered child care provider is eligible to receive a renewed certificate of registration. The division shall follow the same process for the renewal of a registration as that followed to process an initial application as described in section (2) above.

(6) Corrective Action. The division may require the child care provider to submit and implement a corrective action plan to resolve any health or safety concerns, regulatory violations, or contractual violations. The division shall provide written notification to the child care provider of the requirement to submit and implement a corrective action plan, identifying the specific performance, regulatory requirements, or contractual requirements not being met, and the expected corrective resolution.

(A) The child care provider shall submit a written corrective action plan to the division within ten (10) days of notice.

(B) The corrective action plan must include the actions the child care provider proposes to take to remedy concerns, time frames for achieving such, the staff responsible for the necessary action, the improvement that is expected, a description of how progress will be measured, and a description of the actions to be taken to prevent the situation from recurring.

(C) The division shall notify the child care provider in writing if the corrective action plan is approved or if modifications are required. In the event the division requires changes to the corrective action plan, the child care provider shall submit a revised corrective action plan, within ten (10) days of notice that changes are required.

(7) Registration Revocation.

(A) The division shall revoke a child care provider’s registration if— 1. Health or safety issues exist which place children at risk of immediate harm;

2. Child care provider or anyone over the age of seventeen (17) living in the child care provider’s home has a substantiated child abuse or neglect report;

3. Child care provider committed an intentional violation;

4. Child care provider failed to report child abuse and neglect when required by law to do so;

5. Child care provider is not mentally, emotionally, or physically fit to care for children as determined by a medical professional or mental health professional;

6. Child care provider is not legally allowed in the presence 7. Child care provider failed to cooperate in a Welfare Investigative Unit investigation, a law enforcement investigation, a Child Abuse and Neglect investigation, compliance review, or audit; or 8. The Department of Health and Senior Services determines the child care provider is operating in violation of law.

(B) The division may revoke a child care provider’s registration if— 1. Child care provider failed to disclose all household members subject to a check of the Family Care Safety Registry;

2. Health and safety issues exist that negatively impact the safety and well-being of the children in the child care provider’s care, and the child care provider fails or is unable to rectify the issues;

3. Child care provider fails to successfully submit or complete the requirements of a corrective action plan within time period specified in the plan; or 4. Child care provider is non-compliant with registration requirements.

(C) If any health or safety issues exist which place children at immediate risk of harm, the division shall immediately revoke the child care provider’s registration. In the case of immediate revocation, the child care provider shall promptly be granted an administrative review under section (9).

(D) If the division determines the child care provider’s registration is subject to revocation and no health or safety issues exist which place children at immediate risk of harm, the division shall provide written notice of the revocation. The notice shall— 1. Inform the child care provider applicant of the nature of the decision;

2. State generally the factual and legal basis for the 3. Notify the child care provider of his/her right to seek an (8) Contract. To be eligible to contract to receive state or federal funds as a registered child care provider, the child care provider shall meet the following requirements:

(A) Obtain a certificate of registration which shall be maintained throughout the duration of the contract;

(B) The child care provider shall sign a contract issued by the state, agreeing to all terms including, but not limited to:

1. All records of children shall be confidential, protected from unauthorized examination and available to the parent(s) and division upon request unless otherwise allowed by law;

2. Child care provider shall care for no more than four (4) or fewer unrelated children;

3. Child care provider shall not be engaged in any other employment while providing child care services;

4. Child care provider shall maintain records pursuant to 13 CSR 35-32.130;

5. Child care provider shall notify all custodial parents and legal guardians of the child care provider’s— A. Phone number;

B. Discipline policy; and C. Emergency preparedness and response plan;

6. Child care provider shall notify custodial parents and legal guardians if the child care provider does not have immediate access to a telephone and provide parents with an alternative, effective method of communication;

7. Child care provider shall ensure custodial parents and legal guardians have access to their child(ren);

8. Child care provider shall report child deaths and serious injuries to the division within twenty-four (24) hours of the incident, using a form provided by the division. This includes, but is not limited to:

A. The death of a child if the child died while at the child B. The death of a child enrolled at the child care provider if the child died of a contagious disease; or C. A “serious injury” to a child that occurs while the child is at the child care provider or away from the child care provider’s facility but still in the care of the child care provider, if an injury results in the child being treated by a medical professional or admitted to a hospital;

9. Child care provider shall cooperate with any investigations, audits, or other requests of the division;

10. Child care provider shall follow all statutes, regulations, and policies of the division;

11. Child care providers must report the following changes to the division in writing within ten business (10) days: physical address, mailing address, telephone number, email address, the addition of any new household members seventeen (17) years of age or older, or current household member turns seventeen (17) years of age;

12. Child care provider shall not utilize physical or corporal punishment including, but not limited to, spanking, slapping, shaking, biting, or pulling hair;

13. Child care provider shall submit to monitoring by division or its designee for compliance with contractual or regulatory obligations. Such monitoring may include, but is not limited to— A. Providing attendance records at the request of the division or its designee;

B. Submitting to unannounced or announced on-site inspections; or C. Other monitoring as determined necessary by the division;

14. Child care provider shall attend annual training as approved by the division, and provide documentation of the successful completion of all training to the division through the Opportunities in a Professional Education Network (OPEN).

(C) If the child care provider is providing care for a child in the child’s own home, the child care provider shall sign a contract issued by the state, agreeing to all terms listed in subsection (8)(B), except for the requirement listed in subparagraph (8)(B)13.B. The child care provider shall further agree in the contract that he/she shall not provide child care in the child’s home to any child who does not reside in the child’s home;

(D) A child care provider may not be eligible for a contract if the child care provider was denied a contract or a previous contract was terminated for cause and the underlying issues causing denial or termination of the contract have not been resolved. A child care provider may not be eligible for a contract if the child care provider was the owner, director, board member, officer, shareholder, agent, agent registered with the secretary of state’s office, or had decision making authority over a licensed or licensed exempt child care facility, and was denied a contract or a previous contract was terminated for cause;

(E) Termination of Contract. If a child care provider fails to adhere to the terms of the contract, the division may terminate the contract by providing written notice to the child care provider. The notice shall— 1. Inform the child care provider of the date upon which the contract shall be terminated;

2. State generally the factual and legal basis for the 3. Notify the child care provider of his/her right to seek (9) Administrative Review.

(A) The child care provider/applicant may request an administrative review of the decision to deny registration, deny registration renewal, revoke registration, deny a contract, or terminate a contract by providing a written request for an administrative review within ten (10) days of the notification.

The child care provider/applicant may submit additional documentation for consideration with the request for an administrative review. The division may, in its discretion, review any information received after the request for review, but is not required to do so. In no circumstances shall the division be required to review information provided after the division has conducted its administrative review.

(B) The child care provider/applicant may request the opportunity to present additional information via telephone conference call by making such a request in writing with the request for administrative review. If the child care provider/ applicant timely requests a telephone conference call, the division shall notify the child care provider/applicant in writing of the date, time, and telephone number at which the child care provider/applicant may present information. In such circumstances, the child care provider/applicant is responsible not be responsible for any technical difficulties the child care provider/applicant may experience.

(C) The division shall— 1. Review the denial of registration, denial of registration renewal, registration revocation, contract denial, or contract termination, and any written materials provided by the child 2. Conduct a telephone conference call, if requested by the child care provider/applicant; and 3. Upon completion of the administrative review, notify the child care provider of the results of the administrative review in writing.

(10) Direct Appeal to the Director. If, after conducting the administrative review, the division upholds the denial of registration, denial of registration renewal, or registration revocation, the child care provider/applicant may appeal the decision directly to the director pursuant to section 208.080, RSMo. The child care provider/applicant must submit a request for direct appeal to the director within ten (10) days of notification of the results of the administrative review.

(A) If the child care provider/applicant timely makes a direct appeal to the director, the director shall designate the Administrative Hearings Unit of the Division of Legal Services of the Department of Social Services to hear all cases. The Administrative Hearings Unit shall hear cases under the procedures outlined in 13 CSR 40-2.160.

(B) The burden shall be on the child care provider/applicant to prove the denial of registration, denial of registration renewal, or registration revocation was inconsistent with all applicable laws and regulations.

(C) Upon completion of the hearing, the Administrative Hearings Unit shall issue a written decision as approved by the director, except in default cases or cases disposed of by stipulation, consent order, or agreed settlement. The decision shall include or be accompanied by findings of fact and conclusions of law. The findings of fact shall be stated separately from the conclusions of law and shall include a concise statement of the findings on which the agency bases its order. The Administrative Hearings Unit shall deliver or mail its decision, findings of fact, and conclusions of law to each party, or his/her attorney of record. The decision of the Administrative Hearings Unit shall be the final decision of the department. originally filed as 13 CSR 35-32.070. Original rule filed Jan. 3, 2017, effective Aug. 30, 2017. Moved to 5 CSR 25-200.070, effective Aug. *Original authority: 207.020, RSMo 1945, amended 1961, 1965, 1977, 1981, 1982, 1986,

5 CSR 25-200.090 Registration Requirements for Licensed Child Care Facilities to Contract for State or Federal Child Care Funds {#sec-5-csr-25-200.090 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-200.090}

PURPOSE: The purpose of this rule is to define the requirements for child care providers licensed by the Department of Health and Senior Services, section for Child Care Regulations, who wish to contract with the division to receive state or federal funds for providing child care services.

(1) Requirements to Contract. To receive a contract from the department to receive state or federal funds, a licensed child care provider and staff shall meet the following requirements:

(A) The child care provider shall be fully licensed and in good standing with the Department of Health and Senior Services,

section for Child Care Regulations;

(B) The licensed child care provider and all staff shall be legally allowed in the presence of children;

(C) The department shall not pay for any costs associated with the requirements of licensure or requirements to contract with the department;

(D) The licensed child care provider and all staff shall register with Opportunities in a Professional Education Network (OPEN) and secure a Missouri Professional Development Identifier (MOPD-ID) to track and complete trainings. The licensed child care provider and all staff shall complete the following training prior to a contract being issued, which includes, but is not limited to:

1. First Aid and Cardiopulmonary Resuscitation (CPR);

2. Prevention of Sudden Infant Death Syndrome and Safe Sleeping, if serving children two (2) years old or younger;

3. Prevention of Shaken Baby Syndrome and Abusive Head Trauma, if serving children two (2) years old or younger;

4. Emergency Disaster Response and Planning;

5. Mandatory Child Abuse and Neglect (CA/N) Reporting;

6. Prevention and Control of Infectious Diseases (including immunizations);

7. Administration of Medication, consistent with standards for parental consent;

8. Prevention and Response to Food Allergy Emergencies;

9. Building and Physical Premises Safety; including identification of and protection from hazards that can cause bodily injury;

10. Handling and Storage of Hazardous Materials and the Appropriate Disposal of Bio-Contaminants; and 11. Transportation of Children, if providing transportation as part of child care services.

(E) If a licensed child care provider seeking to contract with the division has an outstanding debt owed to the state due to a previous child care overpayment, the licensed child care provider must participate in a repayment plan pursuant to 13 CSR 35-32.110 to become contracted with the division;

(F) A licensed child care provider shall require all staff to meet all requirements listed in section (1) within ninety (90) days of becoming employed or volunteering. A staff member shall not provide direct supervision of children until the staff member has met the eligibility criteria set forth in section (1).

A licensed child care provider may not be eligible for a contract if the licensed child care provider was denied a contract, or a previous contract was terminated for cause, and the underlying issues causing denial or termination of the contract have not been resolved;

(G) A licensed child care provider may not be eligible for a contract if the owner, director, board member, officer, shareholder, agent, agent registered with the secretary of state’s office, or any other person with decision making authority over the facility, was denied a contract, or a previous contract was terminated for cause, and previous owner, director, board member, officer, shareholder, agent, agent registered with the secretary of state’s office, or any other person with decision making authority over the facility remains in a position to make decisions on behalf of the facility.

(2) Contract.

(A) Upon receipt of a request to contract, the division shall make a determination as to whether the licensed child care provider is eligible to enter into a contract with the department for state or federal funds for child care services.

(B) If the division determines the licensed child care provider meets all eligibility requirements, the division may issue a contract to the licensed child care provider. The licensed child care provider shall sign a contract, agreeing to all terms including, but not limited to:

1. Child care provider and staff shall not be engaged in other employment while providing child care services;

2. Child care provider shall maintain records pursuant to 13 CSR 35-32.130;

3. Child care provider shall notify all custodial parents and legal guardians of the child care provider’s— A. Phone number;

B. Discipline policy; and C. Emergency preparedness and response plan;

4. Child care provider shall ensure custodial parents and legal guardians have access to their child(ren);

5. Child care provider shall report child deaths and serious injuries to the division within twenty-four (24) hours of the incident, using a form provided by the division. This includes, but is not limited to:

A. The death of a child if the child died while at the child B. The death of a child enrolled at the child care provider if the child died of a contagious disease; or C. A serious injury to a child that occurs while the child is at the child care provider or away from the child care provider’s facility, but still in the care of the child care provider, which results in the child being treated by a medical professional or admitted to a hospital;

6. Child care provider shall cooperate with any investigations, audits, or other requests of the division;

7. Child care provider shall follow all statutes, regulations, and policies of the division;

8. Child care providers must report the following changes to the division in writing within ten business (10) days: physical address, mailing address, telephone number, email address, or any other circumstance, incident, or occurrence which would alter any information provided in the child care provider’s original application for contract;

9. Child care provider shall not utilize physical or corporal punishment including, but not limited to, spanking, slapping, shaking, biting, or pulling hair;

10. Child care provider shall submit to monitoring by division or its designee for compliance with contractual or regulatory obligations. Such monitoring may include, but is not limited to:

A. Providing attendance records at the request of the division or its designee;

B. Submitting to unannounced or announced on-site inspections; or C. Other monitoring as determined necessary by the division;

11. Child care provider shall attend annual training as approved by the division and provide documentation of the successful completion of all training to the division through the Opportunities in a Professional Education Network (OPEN).

(C) If the division determines the licensed child care provider fails to meet all requirements to contract, the division shall provide written notice of the denial to contract with the licensed child care provider. The notice shall— 1. Inform the child care facility of the nature of the decision;

2. State generally the factual and legal basis for the division’s decision, if applicable; and 3. Notify the child care facility of the right to seek (D) Corrective Action. The division may require the licensed child care provider to submit and implement a corrective action plan to resolve any health or safety concerns, regulatory violations, or contractual violations. The division shall provide written notification to the licensed child care provider of the requirement to submit and implement a corrective action plan, identifying the specific performance, regulatory requirements, or contractual requirements not being met and the expected corrective resolution.

3. The licensed child care provider shall submit a written corrective action plan to the division within ten (10) days of notice.

4. The corrective action plan must include the actions the licensed child care provider proposes to take to remedy concerns, time frames for achieving such, the staff responsible for the necessary action, the improvement that is expected, a description of how progress will be measured, and a description of the actions to be taken to prevent the situation from recurring.

5. The division shall notify the licensed child care provider in writing if the corrective action plan is approved or if modifications are required. In the event the division requires changes to the corrective action plan, the licensed child care provider shall submit a revised corrective action plan within ten (10) days of notice that changes are required.

(E) Termination of Contract. The division may immediately terminate a licensed child care provider’s contract upon written notice if— 1. The licensed child care provider allows staff to work within the child care facility who have a substantiated CA/N report;

2. The licensed child care provider committed an intentional violation;

3. The licensed child care provider failed to report child abuse and neglect;

4. The licensed child care provider employs individuals or allows volunteers who are not mentally, emotionally, or physically fit to care for children as determined by a medical professional or mental health professional;

5. The licensed child care provider employs individuals or allows volunteers who are not legally allowed in the presence 6. The licensed child care provider failed to cooperate in a Welfare Investigative Unit investigation, Child Abuse and Neglect investigation or assessment, compliance review, or audit; or 7. The Department of Health and Senior Services, section for Child Care Regulations, takes action to immediately suspend or revoke licensed child care provider’s license;

6. If a condition exists that negatively impacts the health and/or safety of the children and the child care provider fails to rectify the issues in a timely manner;

7. The licensed child care provider fails to successfully submit or complete the requirements of a corrective action plan within the time period specified in the plan; or 10. The licensed child care provider is non-compliant with contractual requirements.

8. The division shall provide written notice of the termination. The notice shall— A. Inform the child care facility of the nature of the termination of the contract; and B. State generally the factual and legal basis for the C. Notify the child care provider of his/her right to seek (3) Administrative Review.

(A) The licensed child care provider may request an administrative review of the decision to deny a contract by providing a written request for an administrative review within ten (10) days of the notification. The licensed child care provider may submit additional documentation for consideration with the request for an administrative review. Documentation received after the request may not be considered by the division.

(B) The licensed child care provider may request the opportunity to present additional information by telephone conference call by making such a request in writing with the request for administrative review. If the licensed child care provider timely requests a telephone conference call, the division shall notify the licensed child care provider in writing of the date, time, and telephone number at which the licensed child care provider may present information. In such circumstances, the licensed child care provider is responsible not be responsible for any technical difficulties the licensed child care provider may experience.

(C) The division shall— 1. Review the denial/termination of contract and any written materials provided by the licensed child care provider;

2. Conduct a telephone conference call, if timely requested by the licensed child care provider; and 3. Upon completion of the administrative review, the division shall notify the licensed child care provider of the results of the administrative review in writing. This decision shall be the final decision of the agency. originally filed as 13 CSR 35-32.090. Original rule filed Jan. 3, 2017, effective Aug. 30, 2017. Moved to 5 CSR 25-200.090, effective Aug. *Original authority: 207.020, RSMo 1945, amended 1961, 1965, 1977, 1981, 1982, 1986,

5 CSR 25-200.095 Child Care Hearings {#sec-5-csr-25-200.095 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-200.095}

PURPOSE: This rule establishes an appeals and hearings process for child care subsidy eligibility within the Department of Elementary and Secondary Education (department).

(1) The following procedures apply for any child care appeals from a participant/applicant whose child care subsidy eligibility has been denied or changed or who wishes to contest an overpayment.

(2) Content of Appeals. All appeals must— (A) Be in writing;

(B) Include— 1. The full name, address, email address, and telephone number of the person appealing (petitioner), and any attorney representing the participant/applicant;

2. A written description of the specific grounds for the appeal; and 3. As far as practical, facts in numbered paragraphs stating the relief sought;

(C) Be signed by participant/applicant or participant/ applicant's legal counsel; and (D) Be mailed to DESE Counsel, Department of Elementary and Secondary Education, PO Box 480, Jefferson City, MO 65102- 0480 or emailed to counsel@dese.mo.gov.

(3) Hearing Officers.

(A) A hearing officer appointed by the commissioner of education shall hear appeals from any child care subsidy participant/applicant whose child care subsidy eligibility has been denied or changed or who wishes to contest an overpayment.

(B) The hearing officer shall conduct all hearings in accordance with Chapter 536, RSMo.

(C) The decision shall include, or be accompanied by, findings of fact and conclusions of law. The findings of fact shall be stated separately from the conclusions of law and shall include a concise statement of the findings on which the agency bases its order.

(D) The hearing officer shall deliver or mail their decision, findings of fact, and conclusions of law to each party, or his/her attorney of record. The decision of the hearings officer shall be the final decision of the department.

(4) Hearings.

(A) Hearings may be in person or by video conference.

(B) Notice.

1. The department shall serve upon all parties the notice of the place, date, and time upon which it will hold the hearing on the appeal. The department will send the notice by certified mail, by personal delivery, or by email.

2. The department shall provide at least ten (10) business days’ notice to the parties that it will hold a hearing on the matters raised in the appeal.

3. The notice shall advise the parties to file all documents by mailing them to DESE Counsel, Department of Elementary and Secondary Education, PO Box 480, Jefferson City, MO 65102- 0480 or to counsel@dese.mo.gov.

(C) Motions.

1. Either party may file a motion to request a delay of the hearing, if the party shows good cause. The hearing officer has discretion to continue the hearing date upon notice to the parties.

2. Either party may file a motion to hold a hearing in person or by video conference. A party should file this motion at least five (5) business days before the start of the hearing.

3. Either party may file a motion for a witness to appear by telephone or video conference. A party should file this motion at least three (3) business days before the start of the hearing.

4. The hearing officer will entertain other motions as necessary.

(D) Videoconference Hearings. The hearing officer may hold hearings via a videoconference platform. The hearing officer will contact the parties if the hearing is to be held in this manner.

(E) Exhibits.

1. The department shall send the administrative record to the participant/applicant at least five (5) business days in advance of the hearing. The hearing officer shall admit the administrative record into the hearing record with no further process.

2. The parties are required to send any other exhibits to the hearing officer and the opposing parties at least five (5) business days in advance of the hearing.

3. If the hearing is to be held via video conference, each party is responsible for providing all exhibits to all parties of record and the hearing officer electronically.

(F) Participant/Applicant.

1. The burden shall be on the participant/applicant to prove— A. The department’s denial or change of child care subsidy eligibility was inconsistent with applicable laws and regulations;

B. The participant/applicant did not receive an overpayment, as the department contends; or C. The department has calculated an overpayment incorrectly.

(G) The department may present testimony, documents, or other evidence to rebut evidence presented by the participant/ applicant.

History

• AUTHORITY: section 161.092, RSMo 2016, and sections 208.044, 208.046, and 210.027, RSMo Supp. 2024. Emergency rule filed Jan. 7, 2025, effective Jan. 23, 2025, expired July 21, 2025. Original rule filed Jan. 7, 2025, effective July 30, 2025. Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014; 208.044, RSMo 1989, amended 2012, 2019, 2022; 208.046, RSMo 2010, amended 2022; and 210.027, RSMo 1999, amended 2014, 2018, 2022.

5 CSR 25-200.100 Participant Overpayments {#sec-5-csr-25-200.100 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-200.100}

PURPOSE: This rule establishes procedures to use when determining and collecting child care subsidy overpayments made to participants.

(1) Overpayments. All child care subsidy participant overpayments shall be subject to repayment from a participant up to the full amount of the overpayment.

(A) If the department determines that it has made an overpayment on behalf of a participant, as a result of agency error, participant error, fraud, intentional violations, unintentional violations, or inadvertent error, the department shall provide written notice to the participant. The department shall send the notification via first class mail to the participant’s address of record. The notification shall include— 1. The total amount of the overpayment;

2. The service date and/or dates;

3. The reason for the overpayment; and 4. The method in which the overpayment may be contested.

(B) Notifications sent to participant’s address of record via first class mail shall constitute good service of notice.

(C) If the participant wishes to contest the overpayment, the participant shall make a direct appeal to the director pursuant to section 208.080, RSMo, in writing within ninety (90) days of the date of the written notice of overpayment.

(D) If the participant does not timely make a direct appeal to the director in writing, the department may proceed to collection of overpayment.

(2) Direct Appeal to the Director.

(A) If the participant timely makes a direct appeal to the director, the director shall designate the Administrative Hearings Unit of the Division of Legal Services of the Department of Social Services to hear all cases. The Administrative Hearings Unit shall hear cases under the procedures outlined in 13 CSR 40-2.160.

(B) The department shall not seek collection or repayment of an overpayment until the hearing is completed and a decision rendered.

(C) The burden shall be on the participant to prove there was no overpayment or that the overpayment was calculated incorrectly.

(D) Upon completion of the hearing, the Administrative Hearings Unit shall issue a written decision as approved by the director, except in default cases or cases disposed of by stipulation, consent order, or agreed settlement. The decision shall include, or be accompanied by, findings of fact and conclusions of law. The findings of fact shall be stated separately from the conclusions of law and shall include a concise statement of the findings on which the agency bases its order. The Administrative Hearings Unit shall deliver or mail its decision, findings of fact, and conclusions of law to each party, or his/her attorney of record. The decision of the Administrative Hearings Unit shall be the final decision of the department.

(3) Collection and Repayment.

(A) Once the assessment of the overpayment is final, the department may utilize any and all procedures in law and equity to collect the overpayment.

(B) The department and participant may enter into a voluntary repayment plan as follows:

1. The department and the participant shall negotiate a repayment plan within forty-five (45) days from the date the overpayment becomes final;

2. The repayment plan may include a single lump-sum payment or equal, monthly installment payments over a specified period of time; and 3. The department shall provide the negotiated repayment plan in writing to the participant. Every repayment plan that includes monthly installment payments shall also include a promissory note executed by the participant in favor of the Department of Social Services as provided by the department.

The participant shall sign the repayment plan and promissory note, as applicable, and shall return the original, signed copy to the department. The participant shall then make payments as directed in the repayment plan and/or promissory note, as applicable.

(4) Default.

(A) An overpayment account shall be in default if— 1. The participant fails to negotiate a mutually agreeable repayment plan;

2. The participant fails to sign or return the repayment plan and/or promissory note;

3. The account is not subject to a repayment plan and the full amount is not repaid within ninety (90) days from the date of notice of overpayment or date of the Administrative Hearing Unit’s decision, whichever is later; or 4. The account is subject to a repayment plan and/or an installment payment, and is not received within thirty (30) days of the date that it is due.

(B) If an overpayment is in default, the balance of the overpayment shall be immediately due and payable.

(C) The department may take appropriate actions to recover default accounts, which may include, but are not limited to:

1. Filing a claim for debt off-set with the Director of Revenue to recover the overpayment from any refunds due to the participant by the Department of Revenue pursuant to

section 143.781, RSMo;

2. Filing a cause of action in a court of competent jurisdiction;

3. Other action as allowed by state or federal law as deemed appropriate by the department. originally filed as 13 CSR 35-32.100. Original rule filed Jan. 3, 2017, effective Aug. 30, 2017. Moved to 5 CSR 25-200.100, effective Aug. *Original authority: 207.020, RSMo 1945, amended 1961, 1965, 1977, 1981, 1982, 1986,

5 CSR 25-200.110 Child Care Provider Overpayments {#sec-5-csr-25-200.110 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-200.110}

PURPOSE: This rule establishes procedures to use when determining and collecting child care subsidy overpayments made to child care providers.

(1) Overpayments. All child care subsidy provider overpayments shall be subject to repayment or recoupment from a child care provider up to the full amount of the overpayment.

(A) If the department determines that it has made an overpayment to a child care provider as a result of agency error, child care provider error, participant error, fraud, intentional violations, unintentional violations, or inadvertent error, the department shall provide written notice to the child care provider. The department shall send the notification via first class mail to the child care provider’s address of record. The notification shall include— 1. The total amount of the overpayment;

2. The service date and/or dates;

3. The reason for the overpayment; and 4. The method in which the overpayment may be contested.

(B) Notification sent to the child care provider’s address of record via first class mail shall constitute good service of notice.

(C) If the child care provider wishes to contest the overpayment, the child care provider shall request an administrative review.

This request shall be made in writing within thirty (30) days of the date on the notice of overpayment.

(D) If the child care provider does not timely request an administrative review in writing, the division may proceed to collection of overpayment.

(2) Administrative Review.

(A) If the child care provider timely requests administrative review, the child care provider may provide additional documentation for review within ten (10) business days of the request for administrative review. The department may not consider documents received after ten business (10) days.

(B) Upon receipt of a request for administrative review and additional documentation, the department shall— 1. Verify the child care subsidy payment and overpayment were properly calculated;

2. Examine additional documentation or other material timely provided by the child care provider; and 3. Upon completion of the administrative review, the department shall notify the child care provider of the results of the administrative review in writing. The results of the administrative review may include a confirmation of the original overpayment amount, a decrease in the overpayment amount, or an increase in the overpayment amount.

(C) The results of the administrative review shall be final.

(3) Collection and Repayment.

(A) Once the assessment of the overpayment is final, the department may utilize any and all procedures in law and equity to collect the overpayment.

(B) The department and child care provider may enter into a voluntary repayment plan as follows:

1. The department and the child care provider shall negotiate a repayment plan within forty-five (45) days from the date the overpayment becomes final;

2. The repayment plan may include:

A. A single lump-sum payment;

B. Equal, monthly installment payments over a specified period of time not to exceed one (1) year; or C. Recoupment from future child care provider subsidy payments;

3. The department shall provide the negotiated repayment plan in writing to the child care provider. Every repayment plan that includes monthly installment payments or recoupment from future child care provider subsidy payments shall also include a promissory note executed by the child care provider in favor of the department. The child care provider shall sign the repayment plan and promissory note, as applicable, and shall return the original, signed copy to the department. The child care provider shall then make payments as directed in the repayment plan or promissory note, as applicable.

(4) Default.

(A) An overpayment account shall be in default if— 1. The child care provider fails to timely negotiate a mutually agreeable repayment plan and promissory note;

2. The child care provider fails to timely sign or return the repayment plan and/or promissory note;

3. The account is not subject to a repayment plan, and the full amount is not repaid within ninety (90) days from the date of notice of overpayment or date of the results of the administrative review, whichever is later; or 4. The account is subject to a repayment plan, and an installment payment or lump-sum payment is not received within thirty (30) days of the installment or lump-sum due date.

(B) If an overpayment is in default, the balance of the overpayment shall be immediately due and payable.

(C) The department may take appropriate actions to recover default accounts, which may include, but are not limited to:

1. Recoup the overpayment from future child care provider subsidy payments due to the child care provider by the department;

2. File a claim for debt off-set with the Director of Revenue to recover the overpayment from any refunds due to the child care provider by the Department of Revenue pursuant to

section 143.781, RSMo;

3. File a cause of action in a court of competent jurisdiction; or 4. Other action as allowed by state or federal law as deemed appropriate by the department. originally filed as 13 CSR 35-32.110. Original rule filed Jan. 3, 2017, effective Aug. 30, 2017. Moved to 5 CSR 25-200.110, effective Aug. *Original authority: 207.020, RSMo 1945, amended 1961, 1965, 1977, 1981, 1982, 1986,

5 CSR 25-200.120 Regulatory and Contractual Violations of Registered Child Care Providers {#sec-5-csr-25-200.120 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-200.120}

PURPOSE: This rule sets forth the investigation of complaints made on registered child care providers.

(1) Investigation.

(A) Any member of the public may notify the division of a regulatory or contractual violation of a registered child care provider. The division or designee shall investigate regulatory or contractual violations.

(B) Any member of the public wishing to notify the division of child abuse or neglect shall do so in accordance with section 210.145, RSMo.

(C) Registered child care providers shall fully cooperate with any investigation conducted by the division or designee.

This includes, but is not limited to, providing information or documentation requested by the division or designee.

(D) Upon conclusion of an investigation, the division or designee shall notify the child care provider in writing. The notification shall include— 1. A description of the complaint;

2. Whether the division has substantiated the complaint; and 3. If substantiated, the child care provider’s right to an (2) Administrative Review.

(A) The child care provider may request an administrative review of the decision to substantiate the violation by providing a written request for an administrative review within ten (10) days of the notification. The child care provider may submit additional documentation for consideration with the request for an administrative review. The division may, but is not required to, review documentation received after the request for administrative review.

(B) The child care provider may request the opportunity to present additional information by telephone conference call by making such a request in writing with the request for administrative review. If the child care provider timely requests a telephone conference, the division shall notify the child care provider in writing of the date, time, and telephone number at which the child care provider may present evidence. In such circumstances, the child care provider is responsible not be responsible for any technical difficulties the child care provider may experience.

(C) If a child care provider makes a timely request for administrative review, the division will not include the provider in the list described in section (3) until the administrative review process is complete and a final decision has been made.

(D) The division shall— 1. Review the investigation of the violation and any written materials timely provided by the child care provider;

2. Conduct a telephone conference, if timely requested by the child care provider; and 3. Upon completion of the administrative review, notify the child care provider of the results of the administrative review in writing. The results of the administrative review may uphold or overturn the substantiated complaint.

(E) The results of the administrative review shall be final.

(3) Public Access.

(A) The division shall maintain a record of final, substantiated regulatory violations of registered child care providers and compliance actions taken against child care providers. Such record shall include the name of the child care provider, date of the violation, a description of the substantiated contractual or regulatory violation, and any corrective action taken.

(B) The division shall maintain a record of the date and results of any on-site inspection of a registered child care provider, including any regulatory violations found during the on-site inspection.

(C) The division shall make its records available for public viewing on the division’s website. originally filed as 13 CSR 35-32.120. Original rule filed Jan. 3, 2017, effective Aug. 30, 2017. Moved to 5 CSR 25-200.120, effective Aug. *Original authority: 207.020, RSMo 1945, amended 1961, 1965, 1977, 1981, 1982, 1986,

5 CSR 25-200.130 Recordkeeping {#sec-5-csr-25-200.130 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-200.130}

PURPOSE: This rule sets forth the records, documents, and reports which a child care provider shall maintain and, upon request, submit to the division.

(1) Notwithstanding any other provision of law, all registered and licensed child care providers shall maintain accurate, auditable records as described below.

(2) Child Information Register. The child care provider shall maintain an accurate register of all children who receive care from the provider. At a minimum, the register shall contain the following information for each child served under contract with the department:

(A) The child’s full name and date of birth;

(B) The name, address, e-mail address, phone number, and other necessary contact information of each person legally responsible for each child;

(C) Allergies to food, medications, insects, or other materials;

(D) Daily medications, including dosage, time of administering, and route for administering;

(E) Listing of persons authorized to pick-up and drop-off child as approved by person legally responsible for the child; and (F) For infants, feeding times and amount of breast milk or formula per feeding.

(3) Time and Attendance Register. The child care provider shall maintain a time and attendance register of all children who receive care from the provider. At a minimum, the time and attendance register shall contain the following information for each child served under a subsidized child care contract with the department:

(A) The actual dates and times that the child received subsidized child care services, showing for each day of service the date that the child arrived and the time that the child was picked up;

(B) The name of the person who dropped off the child and the name of the person who picked up the child; and (C) The child care provider shall record the required information at the time the transaction took place.

(4) Billing Records. The child care provider shall maintain copies of all invoices submitted to the division for payment.

The child care provider shall ensure all invoices, bills, and data are true, accurate, and complete at the time of submission to the division.

(5) The child care provider shall provide copies of all records to the division upon request.

(6) The child care provider shall maintain all registers and records listed in this regulation for all children no less than five (5) years after the date of the last day that subsidized child care services are provided for the child. The child care provider shall, in addition, keep the records for such additional time periods that the department may request for audit or litigation purposes. originally filed as 13 CSR 35-32.130. Original rule filed Jan. 3, 2017, effective Aug. 30, 2017. Moved to 5 CSR 25-200.130, effective Aug. *Original authority: 207.020, RSMo 1945, amended 1961, 1965, 1977, 1981, 1982, 1986,

Chapter 300 License-Exempt Child Care Facilities

5 CSR 25-300.010 Definitions Relating to Child Care Facilities {#sec-5-csr-25-300.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-300.010}

PURPOSE: This rule defines the terms used throughout this chapter.

(1) The following definitions shall be used in interpreting the rules of this chapter:

(A) Adult is an individual eighteen (18) years of age or older;

(B) Caregiver is the facility director or other child care staff whether they are paid or volunteering;

(C) Child care is care of a child away from his/her own home for any part of the twentyfour- (24-) hour day for compensation or otherwise. Child care is a voluntary supplement to parental responsibility for the child’s protection, development, and supervision;

(D) Child care provider or provider is the person(s) having the following responsibilities:

1. Ultimate responsibility for making and implementing decisions regarding the operation of the facility; and 2. Ultimate financial control of the operation of the facility;

(E) Child care staff member is a child care provider; persons employed by the child care provider for compensation, including contract employees or self-employed individuals; individuals or volunteers whose activities involve the care or supervision of children for a child care provider or unsupervised access to children who are cared for or supervised by a child care provider; individuals residing in a family child care home who are eighteen (18) years of age or older; and individuals residing in a family child care home who are under eighteen (18) years of age and have been certified as an adult for the commission of an offense;

(F) Department is the Missouri Department of Elementary and Secondary Education;

(G) Group size is the maximum number of children assigned to a specific staff member or group of staff members, occupying an individual classroom or well-defined physical space within a large room;

(H) Homeless children and youths— 1. Are individuals who lack a fixed, regular, and adequate nighttime residence; and 2. Include:

A. Children and youths who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; or are abandoned in hospitals;

B. Children and youths who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings;

C. Children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and D. Migratory children who qualify as homeless because the children are living in the circumstances described above;

(I) Infant is a child less than twelve (12) months of age;

(J) Kindergarten is a children’s educational program offered to prepare children for the first grade;

(K) License-exempt child care facility or facility is a nursery school not operated by a religious organization or child care maintained or operated under the exclusive control of a religious organization, not including religious organization academic preschools or kindergartens;

(L) Local public health agency is an entity that enforces local public health codes and ordinances and provides other services related to public health;

(M) Nursery school is an educational program for preschool-age children that is operated for no more than four (4) hours per child per day;

(N) Parent means a child’s biological parent whose parental rights have not been terminated, a step-parent, an adoptive parent, a legal guardian, a caretaker relative, or other person standing in loco parentis for the child;

(O) Premises is a house(s), dwelling(s), or building(s) and the adjoining land of a license-exempt child care facility;

(P) Preschool-age child is a child two through five (2-5) years of age not enrolled in kindergarten;

(Q) Religious organization is— 1. A church, synagogue, or mosque;

2. An entity that qualifies for federal tax exemption status as a not-for-profit religious organization under Section 501(c)(3) of the Internal Revenue Code; or 3. An entity whose real estate on which the child care facility is located is exempt from taxation because it is used for religious purposes;

(R) Religious organization academic preschool or kindergarten is a child care program provided exclusively for four- (4-) and five- (5-)-year old children that is maintained or operated under the exclusive control of a religious organization;

(S) School-age child is a child five (5) years of age or older who is enrolled in kindergarten or above;

(T) Staff/child ratio is the number of caregivers required in relation to the number of children in care;

(U) Toddler is a child twelve to twentyfour (12-24) months of age; and (V) Variance is approval by the department for a provider not to be required to meet a specific requirement of the rules of this chapter. 60.010. Original rule filed Dec. 1, 1994, 30-60.010 July 30, 1998. Emergency amend- 2000, expired Sept. 6. 2000. Amended: Filed Moved to 5 CSR 25-300.010, effective Aug.

5 CSR 25-300.020 Application for Annual Fire Safety and Health and Sanitation Inspections and Inspection Procedures {#sec-5-csr-25-300.020 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-300.020}

PURPOSE: This rule establishes how a facility director may apply for annual fire safety and health and sanitation inspections and how the inspections are conducted.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive.

This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction.

This note applies only to the reference material. The entire text of the rule is printed here.

(1) The director of each facility shall apply to the Department of Health and Senior Services for an annual fire safety inspection by the state fire marshal or his/her designee, and for a health and sanitation inspection by the department or officials of a local health department. Religious organization academic preschools are not required to apply for annual fire and safety inspections or the health and sanitation inspections.

(2) Facility inspections shall be conducted during normal business hours and may be unannounced. The facility director shall be given a copy of the completed inspection form.

(3) The agency, organization, or person that owns the facility and the person delegated as director of the facility shall be identified on the application for a fire safety and a health and sanitation inspection.

(4) When a facility is incorporated, the chairperson of the board of directors, or the person delegated as director of the facility, shall sign the application for a fire safety and a health and sanitation inspection.

(5) If there is a change of ownership of the facility, the new owner(s) or the facility director shall request a fire safety inspection and a health and sanitation inspection.

(6) Notice of Parental Responsibility.

(A) Child care facilities operated by a religious organization shall keep on file a notice of parental responsibility, as required by section 210.254, RSMo, at least five (5) days prior to starting operation.

(B) A child care facility operated by a religious organization shall use the Notice of Parental Responsibility form, revised 2018 and incorporated by reference in this

rule, as published by the Missouri Department of Health and Senior Services, PO Box 570, Jefferson City, MO 65102- 0570 and available by the department at https://health.mo.gov/safety/childcare/forms .php.

This rule does not incorporate any subsequent amendments or additions.

(C) A child care facility operated by a religious organization shall provide the parent or guardian enrolling the child two (2) copies of the Notice of Parental Responsibility form for the enrolling parent to acknowledge, by signature, having read and accepted the information. One (1) copy shall be kept by the parent or guardian and the other copy shall be retained in the child’s record at the facility.

(D) A child care facility operated by a religious organization shall file the Notice of Parental Responsibility form with the department annually during the month of August. 210.252.5, RSMo 2016, and sections 210.254 and 210.1080, RSMo Supp. 2018.* This rule was previously filed as 19 CSR 40-60.020.

July 30, 1995. Changed to 19 CSR 30-60.020 1, 2000, effective Aug. 30, 2000. Emergency amendment filed Feb. 15, 2019, effective Feb. 25, 2019, expired Aug. 23, 2019. Amended:

Filed Feb. 15, 2019, effective Aug. 30, 2019.

Moved to 5 CSR 25-300.020, effective Aug. 30, 2021. 1987, 1993, 1995, 1999, 2015; 210.252, RSMo 1993, amended 1999; 210.254, RSMo 1993, amended 1999, 2014, 2018; and 210.1080, RSMo 2018.

5 CSR 25-300.030 Local Inspections {#sec-5-csr-25-300.030 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-300.030}

(Rescinded May 30, 2022) 210.252.5, RSMo Supp. 1999. This rule was previously filed as 19 CSR 40-60.030.

July 30, 1995. Changed to 19 CSR 30-60.030 CSR 25-300.030, effective Aug. 30, 2021.

Rescinded: Filed Oct. 6, 2021, effective May 30, 2022.

5 CSR 25-300.040 Staffing Requirements {#sec-5-csr-25-300.040 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-300.040}

PURPOSE: This rule establishes staffing requirements for license-exempt facilities.

(1) Supervision and basic care shall be provided at all license-exempt facilities.

(2) All caregivers shall review the rules of this chapter.

(3) Nursery schools shall have on file qualifying background screening results for child care staff members in accordance with 19 CSR 30-63.020 General Requirements.

( 4) Facilities operated by a religious organization and that receive federal funds for providing care for children shall have on file qualifying background screening results for child care staff members in accordance with 19 CSR 30-63.020 General Requirements.

(5) Child care staff members of nursery schools or facilities operated by a religious organization and that receive federal funds for providing care for children with disqualifying background screening results are prohibited from being on the premises during child care hours in accordance with 19 CSR 30-63.020 General Requirements.

(6) Criminal background checks shall be completed every five (5) years for child care staff members of nursery schools and facilities operated by a religious organization and that receive federal funds for providing care for children in accordance with 19 CSR 30- 63.020 General Requirements.

(7) A check of the Family Care Safety Registry shall be conducted for all child care staff members of nursery schools every two (2) years.

(8) Background screening information received by the provider shall be retained in the individual’s file in a confidential manner and made available for review when requested by the department. 210.252.5, RSMo 2016, and section 210.1080, RSMo Supp. 2018.* This rule was previously filed as 19 CSR 40-60.050. Original rule filed Dec. 1, 1994, effective July 30, 1995.

Changed to 19 CSR 30-60.050 July 30, 1998.

Emergency amendment filed March 1, 2000, effective March 11, 2000, expired Sept. 6, 2000. Amended: Filed March 1, 2000, effective Aug. 30, 2000. Emergency amendment filed Feb. 15, 2019, effective Feb. 25, 2019, expired Aug. 23, 2019. Amended: Filed Feb. 15, 2019, effective Aug. 30, 2019. Moved to 5 CSR 25-300.040, effective Aug. 30, 2021. 1987, 1993, 1995, 1999, 2015; 210.252, RSMo 1993, amended 1999; and 210.1080, RSMo 2018.

5 CSR 25-300.050 Health Requirements {#sec-5-csr-25-300.050 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-300.050}

PURPOSE: This rule establishes health requirements for child care providers and children in license-exempt child care facilities.

(1) Facility staff shall meet the following health requirements:

(A) The director or other caregiver shall report to the local health department when any child in a facility is suspected of having a reportable communicable disease listed in 19 CSR 20-20.020(1)–(5). In the event of an unusual outbreak of a reportable communicable disease, caregivers shall implement control measures recommended by the department or local health department;

(B) Caregivers shall use proper handwashing techniques with soap and warm, running water after toileting, after assisting a child with toileting, after diapering a child, and at other times as needed. Good hygiene practices shall be followed during food preparation. These practices include, but are not limited to, washing hands properly after smoking, eating, drinking, using the restroom, after touching raw food products and before preparing and serving food. Hands shall be dried with single-service towels. Caregivers shall teach and see that children wash their hands at appropriate times: before eating, after toileting and as needed when hands are soiled;

(C) Caregivers shall not work when ill and likely to transmit an illness that might endanger the health or well-being of children. This may include symptoms such as fever, coughing, upper respiratory infection, vomiting or diarrhea;

(D) All caregivers working in a facility during child care hours shall be in good health. They shall have a physical assessment, including a tuberculosis status assessment by a licensed physician or registered professional nurse. A physical assessment report, signed by a licensed physician or registered professional nurse, shall be on file at the time of employment or within thirty (30) days following employment.

1. Physical assessment reports shall be completed not more than twelve (12) months before beginning work in the facility. The reports may be transferred to another facility for future employment.

2. The facility may use the department’s physical assessment form, MO 580-1879 (6- 94), or the facility may use its own form if it contains all the information on the department’s form.

3. After the initial physical assessment, all caregivers working in a facility during child care hours shall be tested for tuberculosis at least every two (2) years. Caregivers with previously positive tuberculin tests shall be under the management of a physician; and (E) No person shall smoke or use tobacco products in any area of a child care facility while children are in care.

(2) Within thirty (30) days following the admission of an infant, toddler or preschool child, a physical assessment report signed by a licensed physician or registered professional nurse shall be on file at the facility. The facility may use the department’s physical assessment form, MO 580-1878 (6-94), or the facility may use its own form if it contains all the information on the department’s form.

The report shall have been completed not more than twelve (12) months before admission.

(3) Child care facilities shall meet immunization requirements for children as defined by

section 210.003, RSMo.

(4) A parent of a school-age child shall provide a statement at the time of enrollment indicating the child’s health history, any current health problems and any restrictions necessary for the child’s care.

(5) Each child shall be observed for contagious diseases and other signs of illness on arrival and throughout each day.

(6) A parent or guardian shall be contacted when signs of illness are observed.

(7) When a child exhibits any of the following in subsections (7)(A)–(O) of this rule, the parent(s) shall be contacted and the child shall be sent home. Parental contact shall be recorded and filed in the child’s records.

Symptoms that require parental contact and sending a child home are— (A) More than one (1) abnormally loose stool;

(B) Red or blue in the face or makes highpitched croupy or whooping sounds after coughing;

(C) Difficult or rapid breathing—especially important in infants under six (6) months of age;

(D) Yellowish skin or eyes;

(E) Tears, redness of eyelid lining or irritation, followed by swelling or discharge of pus;

(F) Unusual spots or rashes;

(G) Sore throat or swallowing difficulty;

(H) An infected skin patch—crusty, bright yellow, dry or gummy areas of the skin;

(I) Unusually dark, tea-colored urine;

(J) Gray or white stool;

(K) Fever over one hundred one degrees Fahrenheit (101°F) by mouth or one hundred degrees Fahrenheit (100°F) under the arm;

(L) Headache and stiff neck;

(M) Vomiting more than once;

(N) A child is in the contagious period of a disease; or (O) Severe itching of the body or scalp or scratching of the scalp which may be symptoms of lice or scabies.

(8) An ill child shall be kept isolated from the other children and a caregiver shall be in close proximity to the child until a parent arrives. Close proximity means that a caregiver is close enough to hear any sounds a child might make that indicate a need for assistance.

(9) A parent of each child shall be notified when any reportable communicable disease in 19 CSR 20-20.020(1)–(5) occurs in the facility.

(10) Providers are not required to administer medication, but may if they choose.

(A) All medication shall be given to a child only with the dated, written permission of a parent, stating the length of time the medication may be given.

(B) Prescription and nonprescription medication shall be in the original container and labeled with the child’s name, instructions for administration, including the times and amounts for dosages, and the physician’s name. Sample medication provided by a physician may be used.

(C) All medication shall be stored out of reach of children or in a locked container.

(D) Medication shall be returned to storage immediately after use.

(E) Medication needing refrigeration shall be kept in the refrigerator in a container separate from food.

(F) Unused medication shall be returned to the parent or disposed of immediately after it is no longer needed.

(G) The date and time(s) of administration, the name of the individual giving the medication and the quantity of medication given shall be recorded promptly after administration. This form shall be filed in the child’s record after the medication is no longer necessary.

(11) In case of an accident or injury to a child, the provider shall notify a parent immediately. If a child requires emergency medical care, a parent’s prior written instructions shall be followed. A form shall be completed indicating the circumstances and the date and time of the injury. The form shall be signed by the caregiver and his/her supervisor. A copy of the form shall be given to the parent the day of the accident or injury and necessary explanations shall be given. The form shall be filed in the child’s record. previously filed as 19 CSR 40-60.060.

July 30, 1995. Changed to 19 CSR 30-60.060 1, 2000, effective August 30, 2000. Moved to 5 CSR 25-300.050, effective Aug. 30, 2021.

5 CSR 25-300.060 Responsibilities of Caregivers {#sec-5-csr-25-300.060 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-300.060}

PURPOSE: This rule establishes the responsibilities of caregivers in license-exempt facilities.

(1) The responsibilities of caregivers are— (A) Children shall not be left without adult supervision.

1. A caregiver shall personally admit each child upon arrival and personally dismiss each child upon departure. Children shall be dismissed only to a parent, guardian, legal custodian, or to individuals approved by a parent, guardian or legal custodian.

2. A caregiver shall remain in the room with infants, preschool and school-age children while the children are napping and shall be able to see and hear the children if they have difficulty during napping or when they awaken.

3. Caregivers shall be alert to various needs of each child such as thirst, hunger, diaper change, aggression by other children and need for attention;

(B) Facility directors, with the exception of directors in facilities operated by religious organizations, shall establish a written discipline plan that includes simple, understandable rules for children’s behavior.

1. Expectations for a child’s behavior shall be appropriate for the developmental level of the child and explained to the child.

2. Only constructive, age-appropriate methods of discipline that help children develop self-control and assume responsibility for their own actions shall be used.

3. Physical punishment including, but not limited to, spanking, slapping, shaking, biting or pulling hair is prohibited.

4. Any discipline technique that is humiliating, threatening or frightening to children is prohibited. Children shall not be shamed, ridiculed or spoken to harshly, abusively or with profanity.

5. Punishment or threat of punishment shall not be associated with food, rest, toileting accidents or toilet training.

6. Children shall not be placed in a closet, a locked or unlighted room, or any other frightening place.

7. Children shall not be permitted to intimidate or harm others, harm themselves or destroy property;

(C) Facility directors, with the exception of directors in facilities operated by religious organizations, shall establish a daily schedule of activities for all children in care. The schedule shall include the following:

1. A total of at least one (1) hour of outdoor play for children in full-day attendance, unless prevented by weather extremes or medical reasons;

2. Toileting and handwashing times;

3. Regular snack and meal times, with infants being fed according to the individualized feeding schedule established by a parent; and 4. A supervised nap or rest period for preschool children after the noon meal, with infants allowed to remain in bed a maximum of thirty (30) minutes after awakening.

Toddlers shall be taken out of bed for other activities when they awaken;

(D) Facility directors shall not allow animals which may pose a threat to the health or safety of children on the premises or the animals shall be penned securely in an area that is inaccessible to children;

(E) A caregiver shall supervise children in the bathroom;

(F) Caregivers shall meet the following requirements regarding diapering areas:

1. A safe, waterproof and washable diapering surface shall be used for changing diapers. The diapering area shall be located within or adjacent to the infant/toddler group so the caregiver using the diapering surface can maintain supervision of his/her group of children at all times;

2. One (1) diapering surface shall be provided for every group of eight (8) infants/toddlers and one (1) diapering surface shall be provided for every group of sixteen (16) two (2)-year-old children in the infant/toddler unit;

3. A diapering surface shall be available in the preschool unit if children who are not toilet trained are accepted;

4. Children shall be attended at all times while on the diapering surface;

5. No effort shall be made to toilet train a child until the parent and caregiver agree on when to begin; and 6. Extra clothing shall be available for children in case they accidentally soil themselves;

(G) If meals are served, the facility director is responsible for assuring that the children’s diets are planned according to recognized nutrition standards;

(H) In facilities providing care for less than four (4) hours per day or less than twenty (20) hours per week, children may bring sack lunches; and (I) Caregivers shall meet the following requirements for kitchens:

1. Kitchens shall not be used for children’s play activities unless the activities are

part of a learning program and the children are supervised by adults;

2. Kitchens shall not be used for napping or as passageways for children;

3. Kitchens shall be separated from all other areas by walls or partitions at least thirty-six inches (36") high; and 4. Animals which may pose a threat to children shall not be permitted on the premises or shall be located in an area that is inaccessible to the children. Animals shall not be permitted in food preparation and storage areas. previously filed as 19 CSR 40-60.070.

July 30, 1995. Changed to 19 CSR 30-60.070 CSR 25-300.060, effective Aug. 30, 2021.

5 CSR 25-300.070 Fire Safety Requirements {#sec-5-csr-25-300.070 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-300.070}

PURPOSE: This rule establishes the fire safety requirements for all license-exempt child care facilities.

(1) These general fire safety requirements shall be followed at all facilities:

(A) At least one (1) portable, operable flashlight shall be accessible to staff;

(B) All flammable materials shall be stored properly and accessible only to authorized persons;

(C) House numbers shall be plainly visible from the street, or the location of the facility shall be made known to the local fire department;

(D) If child care is provided after dark, emergency lighting with a battery back-up shall be required;

(E) Facilities beginning operation after July 30, 1995, shall have a minimum ceiling height of seven feet (7') in all areas used for child care; and (F) Providers shall notify the nearest fire department when the facility begins operation.

(2) These requirements for exits and doors shall be followed at all facilities:

(A) Each floor occupied by children shall have no less than two (2) exits remote from each other. Exit doors shall swing in the direction of exit travel and shall lead directly, or through an enclosed fire-resistant stairway, to the outside. This includes basement areas;

(B) Children shall not be permitted to sleep above the second floor;

(C) Doors in a means of egress shall swing in the direction of exit travel. This does not apply to facilities caring for ten (10) or less children;

(D) Outside doors shall not be locked to prevent exit while the building is occupied;

(E) Every bathroom door lock or bathroom stall door shall be designed to permit opening from the outside in an emergency. All closet latches shall allow children to open the doors from the inside; and (F) Facilities shall have smokestop partitions with a one- (1-) hour fire resistant rating between each floor. All doors providing separation between floors shall have a fortyfive- (45-) minute fire resistant rating with an attached self-closing device. This does not apply to facilities caring for ten (10) or fewer children.

(3) These requirements for detection and extinguishment systems shall be followed at all facilities:

(A) Each facility caring for more than ten (10), but less than fifty (50) children at one (1) time shall have— 1. Manual pull stations by every exit or where designated by the fire inspector. They shall be connected to an alarm that is audible throughout the facility. One- (1-) room facilities that exit directly to the outside are not subject to this requirement; and 2. At least one (1) Underwriter’s Laboratory (UL) or Factory Mutual (FM)approved individual home-type detector shall be located on each floor and in each hazardous area. The number and location of detectors shall be determined by the fire inspector. Detectors shall be tested monthly and batteries changed as needed. A record shall be kept of the dates of testing and changing of batteries;

(B) Facilities caring for fifty (50) or more children at one (1) time shall have a full-coverage electrical fire alarm system with battery back-up, smoke detectors, heat sensors, and pull stations. All equipment shall be UL- or FM-certified;

(C) Facilities caring for more than one hundred (100) children at one (1) time shall have a fire alarm that is transmitted to the local fire department or official authority;

(D) Commercial stoves, commercial cooking ranges, and deep fryers shall be equipped with a range hood and extinguishing system with an automatic cutoff of fuel supply, and an exhaust system;

(E) A portable five (5) pound, 2A10BC fire extinguisher shall be located near the kitchen. The location shall be at the discretion of the fire inspector. Additional extinguishers may be required by the fire inspector; and (F) Janitor closets, maintenance shops, and boiler or furnace rooms in child care space shall be separated from other parts of the building with construction having at least a one- (1-) hour fire resistant rating. The opening shall have solid core doors to close off the area.

(4) Heating equipment shall be installed with permanent connections and proper ventilation.

(A) Space heaters, floor furnaces, wood burning stoves, and fireplaces shall have a noncombustible guard or partition to prevent children from touching or tampering with them.

(B) Unvented gas and oil heaters shall not be used.

(C) All gas and electrical heating equipment shall be equipped with thermostatic controls. All hot water heaters shall have a temperature/pressure relief valve, be vented properly, and equipped with thermostatic controls. The drain line on the pressure relief valve shall extend to approximately six inches (6") above the floor.

(D) Only commercially manufactured heating equipment shall be used.

(5) Fire and tornado drills shall be conducted at least every three (3) months and shall include all children in care. Unscheduled drills shall be held at the discretion of the state fire marshal or department. Each fire drill shall include a complete evacuation of all persons from the building.

(A) An emergency plan for fires and tornadoes shall be posted conspicuously and shall include the route for the drills and special instructions for nonambulatory infants and children.

(B) A written record shall be kept of the dates and types of drills conducted.

(6) Fire safety inspections of license-exempt facilities may be delegated to local fire districts if the standards employed for inspections are equivalent to those in this rule. 60.080. Original rule filed Dec. 1, 1994, 30-60.080 July 30, 1998. Emergency amend- Moved to 5 CSR 25-300.070, effective Aug.

5 CSR 25-300.080 Sanitation Requirements {#sec-5-csr-25-300.080 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-300.080}

PURPOSE: This rule establishes the requirements for maintaining proper sanitation in license-exempt child care facilities.

(1) The premises of facilities shall be clean and free of unsanitary conditions and observable insects, spiders, and rodents.

(A) Floors in bathrooms and kitchens shall be clean. Carpet shall not be used in bathrooms.

(B) Infant and toddler toys shall be kept clean and shall be sanitized after any contact with body fluids.

(C) Sanitizers shall be used in appropriate concentrations.

(D) If toothbrushes, combs, hairbrushes, or other personal care items are used, they shall be individually air-dried and labeled with each child’s name.

(2) Bathrooms shall meet the following requirements:

(A) Toilets, urinals, and handwashing sinks shall be clean and odor free;

(B) Toilet and handwashing facilities shall be in working order and convenient for the children’s use;

(C) Paper towels or a hot-air dryer that is installed and maintained properly, soap and toilet paper shall be provided and accessible so the children can reach them without assistance;

(D) Potty chairs shall be located in the bathroom and shall be emptied, cleaned, and sanitized after each use; and (E) Bathrooms shall be enclosed with full walls and solid doors.

(3) Diapering areas shall meet the following requirements:

(A) Diapering supplies and a handwashing sink with warm, running water shall be in a location that allows the caregiver to maintain supervision of the children in care at all times;

(B) Disposable tissues or wipes shall be used to clean the child at each time of diapering. Any diapering creams, powders, or other products applied at the time of diapering shall be approved or provided by the parent(s) and labeled with the child’s name;

(C) The diapering surface, after each use, shall be cleaned and sanitized with a sanitizer approved by the department;

(D) Diapers and wet clothing shall be changed promptly;

(E) Wet or soiled disposable diapers shall be placed in an airtight disposal container located in the diaper change area and discarded daily. If cloth diapers are used, they shall be stored in airtight plastic bags and removed from the building daily; and (F) The diapering and handwashing areas shall be separate from food service areas and food-related materials.

(4) Kitchens and meals shall meet the following requirements:

(A) A kitchen shall be required for meal preparation if a provider serves meals, unless meals are catered from a source approved by a state or local health department;

(B) A kitchen used for meal preparation shall have sufficient equipment to serve the number of children in care. Equipment shall include a stove, sink, hot and cold running water, a refrigerator, and storage space for food, dishes, and cooking utensils;

(C) If meals are catered, a sink with hot and cold running water, a refrigerator, and storage space shall be provided; and (D) Floors shall be a hard, smooth surface, easily cleanable and in good repair. Facilities caring for ten (10) or less children may use carpet.

(5) Food equipment and utensils shall meet the following requirements:

(A) All food equipment, utensils, and food preparation surfaces shall be cleaned properly and sanitized with a sanitizer approved by the department;

(B) Kitchen equipment that produces excessive heat and moisture shall be vented properly;

(C) If a mechanical dishwasher is used, it shall have the capacity to sanitize all dishes and utensils used in meal preparation;

(D) Facilities caring for more than twenty (20) children shall use a three- (3-) vat sink; single-service utensils, cups, and plates in conjunction with the sink; or a commercial dishwasher. Facilities caring for twenty (20) children or less may use a two- (2-) vat sink and a container large enough to sanitize the largest utensil used;

(E) Sinks shall be equipped with hot and cold running water and an area for draining dishes. Approved dishwashing methods shall be used;

(F) Facilities caring for more than twenty (20) children shall have separate handwashing sinks in food preparation areas equipped with hot and cold running water, hand cleanser, and paper towels;

(G) Food preparation areas shall have adequate lighting;

(H) An accurate thermometer shall be located in each refrigerator. Each refrigerator shall be maintained at a temperature of fortyone degrees Fahrenheit (41°F) or less;

(I) Freezers shall keep foods in a frozen solid state; and (J) A metal stem bayonet-type thermometer for checking food temperatures shall be used to check temperatures.

(6) Nonpublic water systems shall meet the requirements of section 256.600, RSMo.

(A) Public water systems shall meet the requirements of sections 640.010 and 640.140, RSMo.

(B) All water systems shall be free of cross-connections and threaded faucets shall have a backflow preventive device.

(7) Sewage systems shall be designed for the capacity of the facility, operate properly, be nuisance free, and meet applicable laws and rules of the department and the Department of Natural Resources.

(8) Adequate refuse disposal and storage shall be provided. A sufficient number of nonabsorbent containers and lids shall be available.

(9) Providers shall observe the following food protection practices:

(A) Cross-contamination of raw and cooked foods is prohibited. Hands shall not be washed in equipment washing vats;

(B) Home-canned foods shall not be used;

(C) All food shall be from an approved and inspected source, except fresh or frozen fruits and vegetables;

(D) All food shall be in sound condition;

(E) Catered food shall be from a caterer that is inspected and approved by a state or local health department and shall be received at the facility meeting all temperature requirements;

(F) Adequate equipment shall be provided for on-site storing and serving of food;

(G) Food items shall be covered properly or packaged and protected from contamination;

(H) Food placed on the table family style shall be discarded if not eaten;

(I) Food shall be thawed properly; and (J) Food shall be cooked, stored, and served at safe temperatures. Foods requiring hot storage shall have an internal temperature of one hundred forty degrees Fahrenheit (140°F) or above. Cool foods requiring refrigeration after preparation shall have an internal temperature of forty-one degrees Fahrenheit (41°F) or below.

(10) Sanitation inspections of license-exempt facilities may be delegated to the Department of Health and Senior Services or local public health agencies if the standards employed for inspections are substantially equivalent to this

rule. Fees, as provided for in section 192.300, RSMo, may be charged at the option of the local public health agency. 60.090. Original rule filed Dec. 1, 1994, 30-60.090 July 30, 1998. Emergency amend- Moved to 5 CSR 25-300.080, effective Aug.

5 CSR 25-300.090 Physical Plant, Space, Supplies and Equipment {#sec-5-csr-25-300.090 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-300.090}

PURPOSE: This rule sets forth the requirements for the physical plant, indoor and outdoor space, supplies and equipment for license-exempt child care facilities.

(1) The premises of all facilities shall be safe and suitable for the care of children.

(A) Children shall have no access to areas not approved for child care.

(B) Porches, decks, stairwells or other areas in approved child care space shall have protective handrails and guardrails if there is a drop-off of more than twenty-four inches (24") from which children might fall and be injured. Guardrails shall be at least thirty-six inches (36") high, and shall have bars placed at intervals of no more than three and onehalf inches (3 1/2"), or have protective material to prevent a three and one-half inch (3 1/2") sphere from passing through the bars.

(C) Approved safety gates at stairways and doors shall be provided as needed.

(D) Hazardous materials such as cleaning supplies, poisonous materials, medicines, alcoholic beverages or hazardous personal care items shall be inaccessible to children and stored to prevent cross-contamination of food and food-related materials.

(E) Ammunition, guns, hunting knives, bows and arrows, or other weapons shall not be on the premises unless stored in a locked cabinet or closet.

(F) Walls, ceilings, floors and equipment shall be finished with materials that can be cleaned easily and shall be free of splinters, cracks and chipped paint. Floor covering shall be in good condition. The facility shall be free of all lead hazards and asbestos that is friable or dangerous.

(2) Indoor space requirements shall include:

(A) Adequate artificial or natural lighting throughout each room used for child care;

(B) Room temperatures that are no less than sixty-eight degrees Fahrenheit (68°F) and no more than eighty-five degrees Fahrenheit (85°F) measured two feet (2') from the floor;

(C) A telephone in working order available for incoming and outgoing calls;

(D) Police, fire department, poison control, ambulance and other emergency numbers posted near the telephone;

(E) At least thirty-five (35) square feet of usable floor space for each preschool and school-age child, and at least forty-five (45) square feet of usable floor space for each infant/toddler.

1. Floor space shall be measured wallto-wall from the inside walls of areas used for children’s activities.

2. Floor space shall not include kitchens, bathrooms, closets, staff lounges, office space, hallways used exclusively as passageways and floor space occupied by furniture or shelving not used for children or their activities.

3. In a facility located in an owner’s permanent residence, the area used for child care, including play space and bathrooms, shall be separate from the family living quarters unless the facility is providing care for ten (10) or fewer children; and (F) Facilities providing infant and toddler care shall meet the following requirements:

4. The floor shall be covered with material that can be cleaned. Carpets or rugs shall be spot-cleaned when soiled. They shall be sanitized with an approved sanitizer when contaminated with body fluids;

5. A facility with a capacity of more than twenty (20) children or more than four (4) infants and toddlers shall have infant and toddler space separate from the older children. The space shall be separated by floorto-ceiling walls with separate play, sleeping and bathroom space;

6. No more than twenty-four (24) infants/toddlers shall be in a single room. A room is an area separated from other parts of the building by floor to ceiling walls. Stable partitions, a minimum of four feet (4') in height, shall be used to separate the infant/toddler and two (2)-year old groups within a room; and 4. No more than eight (8) infant/toddlers or sixteen (16) two (2) year olds shall be in a group.

(3) General requirements for bathrooms shall include:

(A) One (1) flush toilet and one (1) adjacent handwashing facility with running water available for every twenty (20) children.

Urinals may be substituted for up to one-half (1/2) the required number of toilets, with a minimum of one (1) toilet per bathroom;

(B) Water temperatures at handwashing facilities accessible to children shall not exceed one hundred twenty degrees Fahrenheit (120°F);

(C) Locks or latches shall not be used on bathroom or bathroom stall doors used by children below the first grade;

(D) If a facility provides care for more than fifty (50) children, a separate bathroom or bathroom stall shall be available for caregivers;

(E) When a facility offers care for more than twenty (20) children, including schoolage children in first grade or above, bathrooms shall be provided as follows:

1. Separate girls’ and boys’ bathrooms; or 2. If twenty (20) or fewer school-age children are in care, one (1) bathroom may be designated for school-age children only; and (F) For infants, toddlers and children not toilet trained, one (1) flush toilet and one (1) adjacent handwashing facility with running water shall be available for every twenty-four (24) children in an infant/toddler unit. One (1) potty chair, junior commode or toilet with an adapter seat shall be provided for every four (4) children being toilet trained.

(4) Outdoor space requirements shall include:

(A) An outdoor play area available on or adjoining the child care property. Facilities with a capacity of more than ten (10) children shall have a fenced play area. Play areas in facilities with a capacity of ten (10) or fewer children shall be fenced when necessary for the protection of children from traffic, water or other hazards. Fences shall be at least forty-two inches (42") high. Openings in fences shall be no greater than three and onehalf inches (3 1/2");

(B) A minimum of seventy-five (75) square feet per child of outdoor play area. A sufficient area shall be available to accommodate one-third (1/3) the capacity of the facility at one (1) time with a minimum of seven hundred fifty (750) square feet;

(C) The play area shall be safe for children’s activities. It shall be well-maintained and free of hazards such as poisonous plants, broken glass, barbed wire, open wells, rocks and other debris, and shall have good drainage;

(D) The fall-zone area under and around outdoor equipment over twenty-four inches (24") high covered with impact-absorbing materials that will effectively cushion the fall of a child. Materials may include sand, pea gravel, tanbark, shredded tires, wood chips, rubber matting or other approved resilient material;

(E) Outdoor play space for infants and toddlers separate from that used for older children, or the same space used at different times. This does not apply to facilities caring for a maximum of twenty (20) children, including no more than four (4) infant/toddlers;

(F) Swimming and wading pools used by children that are constructed, maintained and used in a manner that protects the health and safety of children.

1. Swimming and wading pools shall be enclosed by a fence at least forty-two inches (42") high with a locked gate.

2. Swimming and wading pools shall have a water filtration system. The water shall be treated, cleaned and maintained in a manner approved by a state or local health authority;

(G) Outdoor equipment shall be safely constructed, in good condition, and free of sharp, loose or pointed parts. Stationary equipment such as swings, slides and climbers shall be anchored securely; and (H) Any part of outdoor equipment from which children might fall shall not exceed six feet (6') in height.

(5) When children are napped on the premises, indoor equipment requirements shall include:

(A) An individual mat, cot or bed with an individually assigned sheet and blanket provided for each child who naps or sleeps.

Upper levels of bunk beds shall not be used.

If mats are used they shall have nonabsorbent, cleanable coverings and shall not be placed directly on concrete, linoleum, hardwood, or tile floors when children are resting or napping. They shall be used only over carpeting and shall be long enough so the child’s head or feet do not rest off the mat. Mats shall be washed and sanitized at least weekly, or more often as needed, and shall be cleaned and sanitized before use by another child;

(B) Clean bedding with sheets laundered at least once a week or when soiled. Once bedding has been used by a child, it shall not be used by another child until it is laundered;

(C) Sleeping equipment arranged to provide at least a two foot (2') aisle on one (1) long side of the equipment; and (D) An individually assigned crib, portable crib or playpen for each infant. Stack cribs shall not be used. Cots or mats may be used for napping for toddlers twelve (12) months and older with parental consent. Infants shall not use mats for napping.

1. Cribs and playpens shall have side and end rail spokes not more than two and three-eighths inches (2 3/8") apart.

2. The crib mattress or playpen pad shall be sized correctly to the crib or playpen.

The pad shall be in good condition, waterproof, clean and dry. Sheets and covers shall be changed when soiled or wet.

(6) Individual seating and table space shall be available for children twelve (12) months of age and older.

(A) Facilities shall have one (1) piece of mealtime feeding equipment for every four (4) infants/toddlers.

(B) Equipment shall allow children to sit comfortably and securely while being fed.

Appropriate restraints shall be used and infants shall not be left unattended.

(C) Walkers shall not be used.

(7) Indoor play equipment and materials shall be provided and shall be clean and in good condition with all parts intact. Infants and toddlers shall have safe toys. Toys, parts of toys or other materials small enough to be swallowed shall not be used. previously filed as 19 CSR 40-60.100.

July 30, 1995. Changed to 19 CSR 30-60.100 CSR 25-300.090, effective Aug. 30, 2021. 1999..

5 CSR 25-300.100 Transportation and Field Trip Requirements {#sec-5-csr-25-300.100 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-300.100}

(Rescinded May 30, 2022) 210.252.5, RSMo Supp. 1999. This rule was previously filed as 19 CSR 40-60.110.

July 30, 1995. Changed to 19 CSR 30-60.110 CSR 25-300.100, effective Aug. 30, 2021.

Rescinded: Filed Oct. 6, 2021, effective May 30, 2022.

5 CSR 25-300.110 Admission Procedures and Required Reports and Records {#sec-5-csr-25-300.110 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-300.110}

PURPOSE: This rule establishes admission procedures, records and reports facility directors are required to keep for children and caregivers.

(1) The facility director shall have an admitting procedure for each child in care that includes a plan for caring for the child if s/he becomes ill or needs emergency medical treatment. The director shall maintain an individual file on each child in order to communicate with the parent(s), guardian or legal custodian. The director shall have a plan for any child with special health needs, identified through a physical assessment by a licensed physician or an advance practice nurse, to ensure that those needs are met during care.

(2) The facility director shall obtain and file the following written information on each child:

(A) The child’s full name, address, birthdate and the date care begins and ends;

(B) The full name of the parent(s), guardian or legal custodian, home address, work schedule, home and work telephone numbers, and employer’s name and address;

(C) Full name, address and phone number of a friend or relative who might be reached in an emergency when a parent, guardian or legal custodian can not be reached;

(D) Name and phone number of a physician and preferred hospital to be used in an emergency;

(E) The name of the individual(s) authorized to take the child from the premises; and (F) Information concerning any accident or injury to a child while in care or any emergency medical care given.

(3) Individual records of a child shall be retained for one (1) year after the child discontinues attendance.

(4) Facility directors, shall obtain and file the following acknowledgments by a parent of each child:

(A) S/he has been informed of the required health and safety inspections and that the inspection forms are available for review; and (B) S/he understands and agrees that the child may not be accepted for care when ill.

(5) A copy of the completed application for child abuse/neglect screening shall be on file in each employee’s record.

(6) All enrollment records, physical assessment reports and attendance records shall be filed in a place known to caregivers and shall be accessible during normal visiting hours for inspection by the department. Records shall not be in a locked area or removed from the premises during operating hours. previously filed as 19 CSR 40-60.120.

July 30, 1995. Changed to 19 CSR 30-60.120 CSR 25-300.110, effective Aug. 30, 2021.

5 CSR 25-300.120 Variance Requests {#sec-5-csr-25-300.120 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-300.120}

PURPOSE: This rule establishes the procedure for a facility director to request a variance from any portion of the rules of this

chapter.

(1) Any facility owner or designee may request a variance from a rule. The request for a variance shall be submitted in writing to the department and shall include the rule(s) for which a variance is requested and the reason(s) for the request. The department shall approve any variance request that does not endanger the health or safety of the children served by the facility. Local inspectors may grant a variance, subject to approval by the department.

(2) If a variance request is not approved by the department, the facility owner or designee shall be advised in writing of the basis for the denial. The facility owner or designee may request a review of the decision by the Commissioner of Education (commissioner) of the department or designee within thirty (30) calendar days of receipt of notification of the denial. The commissioner or designee shall have fifteen (15) business days to make the final determination on the variance request. That determination is subject to

Chapter 536, RSMo, review for licenseexempt facilities. 60.040. Original rule filed Dec. 1, 1994, 30-60.040 July 30, 1998. Emergency amend- Moved to 5 CSR 25-300.120, effective Aug.

Chapter 400 Licensing Rules for Family Child Care Homes

5 CSR 25-400.010 Definitions {#sec-5-csr-25-400.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-400.010}

PURPOSE: This rule defines the terms used in the licensing rules for family day care homes.

(1) Adult is any individual eighteen (18) years of age or older.

(2) The assistant is an adult who is employed or volunteers in the home to care for children in case of an emergency, to meet staff/child ratios, to substitute for the provider during absences, or to assist the provider with the care of children.

(3) Caregiver is the child care provider, other child care staff member, or an assistant.

(4) Child care or day care is care of a child away from his/ her own home for any part of the twenty-four- (24-) hour day for compensation or otherwise. Day care or child care is a voluntary supplement to parental responsibility for the child’s protection, development, and supervision.

(5) A child care center or center, whether owned by a sole proprietor or other legal entity, is a child care program conducted in a location other than the provider’s permanent residence, or separate from the provider’s living quarters, where care is provided for children for any part of the twentyfour- (24-) hour day.

(6) A child care facility or facility is a family child care home, group child care home, or child care center.

(7) Child care provider, group child care home provider, or provider is the person(s) licensed or required to be licensed under section 210.211, RSMo, in order to establish, conduct, or maintain a child care facility. This person(s) shall have the following rights and responsibilities as determined by the division:

(A) Ultimate responsibility for making and implementing decisions regarding the operation of the facility; and (B) Ultimate financial control of the operation of the facility.

(8) Child care staff member is a child care provider; persons employed by the child care provider for compensation, including contract employees or self-employed individuals; individuals or volunteers whose activities involve the care or supervision of children for a child care provider or unsupervised access to children who are cared for or supervised by a child care provider; individuals residing in a family child care home who are eighteen (18) years of age and older; or individuals residing in a family child care home who are under eighteen (18) years of age and have been certified as an adult for the commission of an offense.

(9) Commissioner is the Commissioner of Education for the Missouri Department of Elementary and Secondary Education.

(10) Department is the Missouri Department of Elementary and Secondary Education.

(11) A family child care home or home, whether owned by a sole proprietor or other legal entity, is a child care program where care is given by a person licensed as a family child care home provider for no more than ten (10) children for any part of the twenty-four- (24-) hour day. The provider may be licensed to operate no more than one (1) family child care home or group child care home.

(12) A group child care home, whether owned by a sole proprietor or other legal entity, is a child care program where care is given by a person licensed as a group child care home provider for not more than twenty (20) children for any part of the twenty-four- (24-) hour day. A group child care home shall be in a location other than the provider’s permanent residence or separate from the provider’s living quarters. The provider may be licensed to operate no more than one (1) group child care home or family child care home.

(13) Group size is the maximum number of children assigned to a specific staff member or group of staff members, occupying an individual classroom or well-defined physical space within a large room.

(14) Homeless children and youths— (A) Are individuals who lack a fixed, regular, and adequate nighttime residence; and (B) Include:

1. Children and youths who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; or are abandoned in hospitals;

2. Children and youths who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings;

3. Children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and 4. Migratory children who qualify as homeless because the children are living in the circumstances described above.

(15) Infant is any child under twelve (12) months of age.

(16) Legal entity is the lawful or legally standing individual, corporation, sole proprietorship, general partnership, limited partnership, limited liability partnership, limited liability company, limited liability limited partnership, partnership, charity, and other forms of organization that has the legal capacity to enter into agreements, contracts, assume obligations, incur and pay debts, sue and be sued in its own right, and that is accountable for illegal activities.

(17) Licensee is an individual or other legal entity who has been granted a child care license by the Department of Elementary and Secondary Education.

(18) Night is the part of the twenty-four- (24-) hour day between 9:00 p.m. and 6:00 a.m.

(19) Parent means a child’s biological parent whose parental rights have not been terminated, a step-parent, an adoptive parent, a legal guardian, a caretaker relative, or other person standing in loco parentis for the child.

(20) Premises is a house(s), dwelling(s), or building(s) and its adjoining land.

(21) Preschool child is any child two through five (2–5) years of age who is not in kindergarten.

(22) A religious organization is— (A) A church, synagogue, or mosque;

(B) An entity that qualifies for federal tax exemption status as a not-for-profit religious organization under Section 501(c)(3) of the Internal Revenue Code; or (C) An entity whose real estate on which the child care facility is located is exempt from taxation because it is used for religious purposes.

(23) School-age child is any child five (5) years of age or older who is in kindergarten or above.

(24) Staff/child ratio is the number of caregivers required in relation to the number of children in care.

(25) Toddler is any child twelve to twenty-four (12–24) months of age.

RSMo Supp. 2021.* This rule previously filed as 13 CSR 40-61.010 and 19 CSR 40-61.010. Original rule filed in 1956. Amended:

Filed Dec. 19, 1975, effective Jan. 1, 1976. Rescinded: Filed April 13, 1982, effective Aug. 31, 1982. Readopted: Filed April 13, 1982, effective Sept. 1, 1982. Amended: Filed March 14, 1985, effective Aug. 11, 1985. Amended: Filed Oct. 7, 1987, effective March 25, 1988. Rescinded and readopted: Filed March 29, 1991, effective Oct. 31, 1991. Changed to 19 CSR 40-61.010, effective Dec. 9, 1993.

Emergency amendment filed Aug. 18, 1993, effective Aug. 28, 1993, expired Dec. 25, 1993. Emergency amendment filed Jan. 4, 1994, effective Jan. 14, 1994, expired May 13, 1994. Amended: Filed Aug. 18, 1993, effective April 9, 1994. Changed to 19 CSR 30-61.010 July 30, 1998. Amended: Filed Aug. 31, 2020, effective Feb. 28, 2021.

Moved to 5 CSR 25-400.010, effective Aug. 30, 2021. Amended: Filed Oct. 7, 2021, effective May 30, 2022. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014, and

5 CSR 25-400.015 Exemption of Day Care Facilities {#sec-5-csr-25-400.015 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-400.015}

(Rescinded May 30, 2022)

rule filed March 29, 1991, effective Oct. 31, 1991. Changed to 19 CSR 40-61.015, effective Dec. 9, 1993. Emergency amendment 9, 1994. Changed to 19 CSR 30-61.015 July 30, 1998. Moved to 5 CSR 25-400.015, effective Aug. 30, 2021. Rescinded: Filed Oct. 7, 2021, effective May 30, 2022.

History

• AUTHORITY: sections 210.221.1(3), RSMo Supp. 1993. This rule previously filed as 13 CSR 40-61.035 and 13 CSR 40-61.015. Original

5 CSR 25-400.025 Organization and Administration {#sec-5-csr-25-400.025 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-400.025}

PURPOSE: This rule defines the requirements for the organization and administration of family day care homes.

(1) Each family child care home shall be organized according to written policies and procedures which clearly establish job responsibilities and lines of administrative authority.

(2) If a family child care home is owned by a legal entity, the legal entity shall designate a person to be responsible for the daily operation of the facility and to meet the requirements of the child care provider. The department shall be notified in writing immediately if there is a change of the person designated to be responsible for the daily operation of the facility and to meet the requirements of the child care provider.

(3) The person(s) or legal entity who owns a family child care home shall be responsible for meeting all debts and obligations incurred by the facility and for maintaining compliance with all licensing rules for family child care homes.

(4) When the responsibility for the operation of a family child care home rests with a board of directors, the department shall be notified in writing immediately if there is a change of the board president or chairperson.

(5) When a nonreligious organization having as its principal

purpose the provision of child care services enters into an arrangement with a religious organization to provide continuing assistance in the maintenance or operation of a child care facility, the facility is not under the exclusive control of the religious organization and does not qualify for exemption from licensure under section 210.211.1(17), RSMo.

(6) If the person(s) operating the facility claims exemption from licensure, s/he shall file all information requested by the department to make a determination of exemption prior to opening. Facilities may waive the right to apply for exemption and request voluntary licensure. These facilities shall comply with all licensing rules.

RSMo Supp. 2021.* This rule previously filed as 13 CSR 40-61.060, 13 CSR 40-61.025, and 19 CSR 40-61.025. Original rule filed March 29, 1991, effective Oct. 31, 1991. Changed to 19 CSR 40-61.025, effective Dec. 9, 1993. Changed to 19 CSR 30-61.025 July 30, 1998.

Emergency amendment filed Feb. 15, 2019, effective Feb. 25, 2019, expired Aug. 23, 2019. Amended: Filed Feb. 15, 2019, effective Aug. 30, 2019. Moved to 5 CSR 25-400.025, effective Aug. 30, 2021.

Amended: Filed Oct. 7, 2021, effective May 30, 2022. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014, and

5 CSR 25-400.045 Licensing Process {#sec-5-csr-25-400.045 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-400.045}

PURPOSE: This rule describes the procedures for application for licensure, the licensing investigation, and provisions for continued licensing investigations after the initial license is granted.

(1) An applicant shall complete the licensing orientation available on the department’s website to learn about the licensing process and rules.

(2) Upon receipt of a completed Application for License to Operate a Child Care Facility form, a licensing inspection shall be made. See Application for License to Operate a Child Care Facility form, revised 2021, incorporated by reference in this

rule, as published by the Missouri Department of Elementary subsequent amendment or additions. If licensing rules are not met within six (6) months, the application shall be void and another application shall be filed.

(3) The licensing process shall include an inspection of the entire premises of the child care home by the licensing representative.

(4) Prior to the granting of a license, the following shall be submitted by the applicant:

(A) A sketch or diagram of the home showing the arrangement of the rooms, including the location of toilet and handwashing facilities, the kitchen, and the doors. The licensing representative and the applicant shall measure the home jointly;

(B) A sketch or diagram of the outdoor play area and placement of equipment, indicating if the area is fenced. The licensing representative and the applicant shall measure the area jointly;

(C) Written policies provided to parents shall include:

1. Program goals;

2. Admission, care, and discharge of children;

3. Narrative description of child care practices and concepts; and 4. Discipline and guidance policies;

(D) A schedule of daily activities for children;

(E) A sample weekly menu;

(F) An itemized list of available materials and equipment to be used by children;

(G) Written policies and procedures which clearly establish job responsibilities and lines of administrative authority;

(H) Listing of all household members and assistant(s);

(I) Sample forms used, other than those supplied by the department;

(J) Evidence of compliance with local or state, or both, sanitation requirements;

(K) Documentation as required by the Missouri Secretary of State and state law to verify the legal entity is in good standing if a family child care home is owned by a legal entity;

(L) Required information for assistants;

(M) A written disaster and emergency plan;

(N) A written safe sleep policy, if licensed to care for children under twelve (12) months of age;

(O) A completed safety plan, if a sex offender resides within one thousand feet (1,000’) of the family child care home; and (P) Other information required by the department to make a determination regarding licensure of the family child care (5) Prior to the granting of a license, the provider shall meet the requirements of 5 CSR 25-400.086 Fire Safety.

(6) The child care provider and child care staff members, as defined by 5 CSR 25-600.010 Definitions, shall have qualifying background screening results on file as required by 5 CSR 25- 600.020 General Requirements, prior to initial issuance of the license.

(7) Background screening information received by the provider shall be retained in the individual’s file in a confidential manner and available for review.

(8) Medical examination reports for the provider and child care assistant(s), as required by 5 CSR 25-400.125 Medical Examination Reports, shall be on file at the home and available for review.

(9) Medical examination reports shall be on file at the home within thirty (30) days following the admission of each infant, toddler, or preschool child as required by 5 CSR 25-400.125 Medical Examination Reports. A health report for school-age children shall be on file as required by 5 CSR 25-400.125.

(10) Enrollment information for each child shall be on file at the home as required by 5 CSR 25-400.135 Admission Policies and Procedures.

(11) Prior to the granting of a license, the child care provider shall be in compliance with state statutes and licensing rules for family child care homes.

(12) Once granted, the license shall be posted near the entrance of the home where it may be seen easily by parents or others who visit.

(13) The name(s), address(es), and telephone number(s) shall be posted prominently near the license for all of the following, as applicable:

(A) The child care provider(s);

(B) Facility owner(s);

(C) Board president or chairperson; or (D) All manager(s) and/or member(s).

(14) The license shall not be transferable and shall apply only to the person(s) and address shown on the license.

(15) The license shall be the property of the department and shall be subject to discipline by the director upon failure of the provider to comply with state statutes and/or licensing rules for family child care homes.

(16) If a facility’s license is revoked or denied due to failure to comply with state statutes and/or licensing rules, the department shall not accept a subsequent application from the provider for that facility within twelve (12) months after the effective date of revocation or denial or within twelve (12) months after all appeal rights have been exhausted, whichever is later.

(17) The license shall become null and void if— (A) Revoked;

(B) The owner closes the facility;

(C) The facility changes ownership; or (D) In the case of licenses not held by legal entities, the death of the licensee(s).

(18) The number and ages of children a family child care home is authorized to have in care at any one time shall be specified on the license and shall not be exceeded except as permitted within these rules.

(19) All child care provided on the premises of a licensed family child care home shall be in compliance with the licensing rules, the conditions specified on the license, and the conditions of any variances granted to the licensee.

(20) The provider shall permit the department access to the facility, premises, and records during all inspections.

(21) The provider shall not deny a child admission to, or the benefits of, any program provided by the family child care home on the basis of race, sex, religion, or national origin.

rule filed March 29, 1991, effective Oct. 31, 1991. Changed to 19 CSR 40-61.045, effective Dec. 9, 1993. Emergency amendment 9, 1994. Amended: Filed Sept. 12, 1995, effective March 30, 1996.

Changed to 19 CSR 30-61.045 July 30, 1998. Amended: Filed Feb. 18, 1999, effective Sept. 30, 1999. Emergency amendment filed Feb. 15, 2019, effective Feb. 25, 2019, expired Aug. 23, 2019. Amended:

Filed Feb. 15, 2019, effective Aug. 30, 2019. Amended: Filed Aug. 31, 2020, effective Feb. 28, 2021. Moved to 5 CSR 25-400.045, effective Aug. 30, 2021. Amended: Filed Oct. 7, 2021, effective May 30, 2022. 210.221.1(3), RSMo 1949, amended 1955, 1987, 1993, 1995, 1999, 2015, 2019, 2020; and 210.1080, RSMo 2018, amended 2019, 2020.

History

• AUTHORITY: section 161.092, RSMo 2016, and sections 210.221.1(3) and 210.1080, RSMo Supp. 2021. This rule previously filed as 13 CSR 40-61.020, 13 CSR 40-61.045, and 19 CSR 40-61.045. Original

5 CSR 25-400.055 Annual Requirements {#sec-5-csr-25-400.055 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-400.055}

PURPOSE: This rule defines the procedures for license renewal.

(1) The provider shall submit the following to the department on an annual basis, at least thirty (30) calendar days prior to the anniversary date as printed on the license:

(A) An Annual Declaration for Licensed Facility form, revised 2021 and incorporated by reference in this rule as published by the Missouri Department of Elementary and Secondary Education, PO Box 480, Jefferson City, MO 65102-0480 and available by the department at https://dese.mo.gov/childhood/ forms, indicating the licensee’s intent to continue operating a licensed family child care home and agreement to comply with all statutes and department licensing rules. This rule does not incorporate any subsequent amendments or additions to this publication;

(B) A current list of available equipment;

(C) A listing of household members and assistant(s); and (D) A completed safety plan if a sex offender resides within one thousand feet (1,000’) of the facility. If the provider has an existing safety plan, a new plan is not required.

(2) The provider shall have the following on file and available for review:

(A) Evidence of compliance with a fire and safety inspection as conducted by the State Fire Marshal or his/her designee;

(B) Evidence of compliance with local, state, or both, sanitation requirements;

(C) The child care provider shall conduct a Family Care Safety Registry check for all child care staff members within thirty (30) days prior to the anniversary date as printed on the license; and (D) Documentation as required by the Missouri Secretary of State and state law to verify the legal entity is in good standing, if a family child care home is owned by a legal entity.

RSMo Supp. 2021.* This rule previously filed as 13 CSR 40-61.031, 13 CSR 40-61.055, and 19 CSR 40-61.055. Original rule filed March 29, 1991, effective Oct. 31, 1991. Changed to 19 CSR 40-61.055, effective Dec. 9, 1993. Changed to 19 CSR 30-61.055 July 30, 1998.

Amended: Filed Feb. 18, 1999, effective Sept. 30, 1999. Emergency amendment filed Feb. 15, 2019, effective Feb. 25, 2019, expired Aug. 23, 2019. Amended: Filed Feb. 15, 2019, effective Aug. 30, 2019.

Amended: Filed Aug. 31, 2020, effective Feb. 28, 2021. Moved to 5 CSR 25-400.055, effective Aug. 30, 2021. Amended: Filed Oct. 7, 2021, effective May 30, 2022. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014, and

5 CSR 25-400.085 Physical Requirements of the Family Day Care Home {#sec-5-csr-25-400.085 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-400.085}

PURPOSE: This rule sets forth the requirements for the physical plant and indoor and outdoor space.

(1) General Requirements.

(A) The premises shall be safe and suitable for the care of (B) The premises shall conform to the fire and safety requirements of the State Fire Marshal or his/her designee.

(C) It shall be the responsibility of the child care provider to determine any applicable local zoning regulations.

(D) Water supply and sewage disposal systems shall conform to state or local requirements, or both.

(E) Children shall have no access to areas not approved for child care.

(F) Stairways in approved child care space shall be welllighted and free of obstructions. Stairways in approved child care space having more than three (3) steps shall have a handrail the children can reach.

(G) Porches, decks, stairwells or other areas in approved child care space having a drop-off of more than twenty-four inches (24”) from which children might fall and be injured shall have an approved railing or approved barrier. The railing or barrier shall be constructed to prevent the child from crawling or falling through, or becoming entrapped.

(H) Approved safety gates at stairways and doors shall be provided and used as needed.

(I) Heaters, floor furnaces, radiators, hot water heaters or other equipment which poses a threat to children shall meet the requirements of 19 CSR 30-61.086 Fire Safety.

(J) All flammable liquids, matches, cleaning supplies, poisonous materials, medicines, alcoholic beverages, hazardous personal care items or other hazardous items shall be inaccessible to children.

(K) Ammunition, guns, hunting knives, bows and arrows or other weapons shall be stored in a locked cabinet or locked closet.

(L) No person shall smoke or otherwise use tobacco products in any area of the child care facility during the period of time when children cared for under the license are present.

(2) Indoor Space.

(A) General Requirements.

1. Any floor of a home used for child care shall be approved by the State Fire Marshal or his/her designee.

2. Open windows and doors shall be screened securely.

Barriers to prevent children from falling against windows or falling from windows shall be provided when windows are less than twenty-four inches (24”) from the floor and not constructed of safety glass or other nonbreakable material.

3. Clear glass doors shall be marked plainly at varying heights to avoid impact.

4. Artificial or natural lighting shall supply at least ten (10) footcandles of light throughout each room used for child care.

5. The home shall be dry, temperature controlled, wellventilated and free of drafts. Children shall not be overheated or chilled. The temperature of the rooms shall be no less than sixty-eight degrees Fahrenheit (68°F) and no more than eightyfive degrees Fahrenheit (85°F) when measured two feet (2’) from the floor.

6. Walls, ceilings and floors shall be finished with material which can be cleaned easily and shall be free of splinters, cracks and chipping paint. Floor covering shall be in good condition. Lead-free paint shall be used for all painted surfaces.

7. Concrete floors in areas counted as child care space shall be covered with carpet, tile, linoleum or other floor covering.

8. Floor surfaces under indoor equipment over twentyfour inches (24”) in height from which children might fall and be injured shall be protected with pads or mats which will effectively cushion the fall of a child. Carpeting alone is not an acceptable resilient surface under indoor equipment.

9. The home shall be clean at all times and free of dirt, insects, spiders, rodents or other pests.

10. A telephone in working order shall be available for incoming and outgoing calls. If a telephone answering machine is used, it must be turned on so incoming messages can be heard and parents’ calls can be returned promptly.

11. Telephone numbers for the police, fire department, ambulance and other emergency telephone numbers shall be posted near the telephone.

(B) Floor Space Calculations and Utilization.

1. At least thirty-five (35) square feet of usable floor space shall be provided for each child coming into the home for day care.

2. Floor space shall be measured wall-to-wall from the inside walls of areas used for children’s activities.

3. Floor space shall not include food preparation areas, bathrooms, hallways used exclusively as passageways, closets, office space or floor space occupied by furniture or shelving not used by the children or for their activities.

4. Space occupied by permanently placed cots, cribs, beds or playpens used for napping cannot be counted as usable floor space. Cots shall not be set up early or left in place to interfere with children’s play activities.

5. Storage space for play materials shall be provided. Some of the space shall be accessible to the children.

(C) Bathrooms.

1. General requirements.

A. A flush toilet and an adjacent handwashing facility with running water shall be provided.

B. Toilet and handwashing facilities shall be in working order and convenient for the children’s use.

C. An individual cloth towel for each child or paper towels, soap and toilet paper shall be provided and easily accessible so the children can reach them without assistance. If individual towels are used, they shall be laundered daily.

D. Children shall be monitored while in the bathroom.

E. Bathrooms shall be clean and odor free.

2. Infants and toddlers. At least one (1) potty chair, junior commode or toilet with an adaptor seat shall be provided.

Potty chairs shall be located in the bathroom and shall be emptied, cleaned and disinfected after each use.

(D) Kitchens.

1. A kitchen shall be required for meal preparation unless meals are catered from a source approved by the local or state sanitarian, or both.

2. Kitchens used for meal preparation shall be equipped with a stove, sink, hot and cold running water, a refrigerator and storage space for food, dishes and cooking utensils.

3. If meals are catered, a sink, hot and cold running water, a refrigerator and storage space for food, dishes and cooking utensils shall be provided.

4. Kitchens shall not be used for children’s play activities unless the activities are part of the learning program and the children are supervised by adults.

5. Kitchens shall not be used for napping.

(3) Outdoor Space.

(A) General Requirements.

1. An outdoor play area shall be available on or adjoining the day care property. The play area shall be located so it is convenient and the children can gain access to it without hazard. It shall be fenced when necessary for the protection of children from traffic, water or other hazards. For family day care homes initially licensed after the effective date of these rules, or for the installation of new fences in existing facilities, the fence shall be at least forty-two inches (42”) high. Fences shall be constructed to prevent children from crawling or falling through or becoming entrapped.

2. A minimum of seventy-five (75) square feet per child of outdoor play area shall be provided.

3. An adult shall be outside at all times to provide supervision for children under three (3) years of age.

4. An adult shall be outside with the children at all times if the play area is not fenced and adjoining the building exit, or unless the children are of school age and definite limits have been established as their boundaries. These children shall receive frequent and routine supervision.

5. The play area shall be safe for children’s activities, wellmaintained, free of hazards such as poisonous plants, broken glass, rocks or other debris and shall have good drainage.

6. The fall-zone area under and around outdoor equipment where children might fall and be injured shall be covered with impact-absorbing materials which effectively cushions the fall of a child. This material may include sand, pea gravel, tanbark, shredded tires, wood chips, rubber matting or other approved resilient material. Grass may be an approved resilient material, but if grass becomes worn or sparse, the area must be covered with another approved resilient material.

7. The provider shall be responsible for the type, depth and fall-zone area of resilient material necessary for the protection of children.

8. Areas under and around outdoor equipment shall have continuous maintenance to ensure that the material remains in place and retains its cushioning properties. The resilient material shall be supplemented immediately or replaced as needed.

9. Concrete, asphalt, carpet or bare soil is not an acceptable surface under outdoor equipment from which children might fall and be injured.

(B) Swimming and Wading Pools.

1. Swimming and wading pools used by children shall be constructed, maintained and used in a manner which safeguards the lives and health of children.

2. Swimming and wading pools shall have a water filtration system. The water in swimming and wading pools shall be treated, cleaned and maintained in accordance with health practices and rules as determined by the local or state health

3. Swimming and wading pools shall be fenced to prevent access by children. For family day care homes initially licensed after the effective date of these rules, the fence shall be at least forty-two inches (42”) high and shall have a locked gate.

Above-the-ground pools may use a forty-two inch (42”) fence around the top of the pool with barricades of the steps to the pool deck.

4. Children using swimming or wading pools shall be instructed in water safety and supervised by an adult at all times.

5. An adult with a current lifeguard training certificate, including infant/child cardiopulmonary resuscitation (CPR) training, shall be on duty when a swimming or wading pool containing a depth of forty-eight inches (48”) or more of water is being used.

6. An adult who has completed a course in basic water safety, which includes infant/child CPR, shall be on duty when a swimming or wading pool containing less than forty-eight inches (48”) of water is being used.

(4) Animals.

(A) Animals which may pose a threat to the health or safety of children shall not be permitted on the premises or shall be penned securely in an area which is inaccessible to the (B) If an animal bites a child, the parent(s) shall be notified immediately. The provider shall contact a veterinarian to determine a course of action in the diagnosis of possible rabies in the animal. If possible, the provider shall restrain the animal for observation by a veterinarian.

(C) Animal pens shall be kept clean.

(D) Areas used by children shall be free of animal excrement.

(E) Litter boxes shall not be located in areas used by children or in food preparation areas.

(F) Food and water dishes used by animals shall not be accessible to the children.

rule previously filed as 13 CSR 40-61.070 and 13 CSR 30-61.085. to 19 CSR 40-61.085, effective Dec. 9, 1993. Changed to 19 CSR 30- 61.085 July 30, 1998. Amended: Filed Feb. 18, 1999, effective Sept. 30, 1999. Emergency amendment filed Nov. 10, 2015, effective Nov. 20, 2015, expired May 17, 2016. Amended: Filed Nov. 10, 2015, effective April 30, 2016. Moved to 5 CSR 25-400.085, effective Aug. *Original authority 210.221.1(3), RSMo 1949, amended 1955, 1987, 1993, 1995, 1999, 2015 and 210.223, RSMo 2015.

History

• authority, or both.

5 CSR 25-400.086 Fire Safety {#sec-5-csr-25-400.086 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-400.086}

PURPOSE: This rule establishes the fire safety requirements for family day care homes.

(1) The following definitions shall be used in interpreting this

rule:

(A) Alterations are changes made to the structure or floor plan of the facility by removing or adding walls and doors or adding space;

(B) Dead-end is a corridor or hallway with no exit at the end that causes occupants to retrace their path to reach an exit;

(C) Exit is the portion of a means of egress that is separated from all other areas of the building or structure by construction or equipment required to provide a protected way of travel to the exit discharge. Exits include exterior exit doors, exit passageways, horizontal exits, separated exit stairs, and separated exit ramps;

(D) Exit access is the portion of a means of egress that leads to an exit;

(E) Exit discharge is the portion of a means of egress between the termination of an exit and a public way;

(F) Fire barrier is a structural element, either vertical or horizontal, such as a wall or floor assembly that is designed and constructed with a specified fire resistance rating to limit the spread of fire and restrict the movement of smoke. Such barriers may have protected openings;

(G) Fire resistance rating is the length of time in minutes or hours that materials or structural elements can withstand fire exposure;

(H) Flame resistant material is the property of material or their structural elements that prevents or retards the passage of excessive heat, hot gases, or flames under the conditions in which they are used;

(I) Flame retardant is a chemical applied to material or other substance that is designed to retard ignition or the spread of fire;

(J) Interior finish includes the interior wall and ceiling finish, and interior floor finish;

(K) Level exit discharge is a horizontal plane that is located from the point at which an exit terminates and the exit discharge begins. The horizontal plane shall not vary more than two inches (2”) in rise or fall;

(L) Level is the portion of a building included between the upper surface of a floor and the ceiling above it, or any upper surface of a floor and the ceiling above it that is separated by more than five (5) steps on a stairway;

(M) Means of egress is a continuous and unobstructed way of travel from any point in a building or structure to a public way.

A means of egress consists of three (3) distinct parts: the exit access, the exit, and the exit discharge;

(N) Mixed occupancy is when a family day care home is located in the same building or structure as another occupancy.

This may include a business or place of assembly;

(O) Public way is an area such as a street or sidewalk that is open to the outside and is used by the public for moving from one location to another;

(P) Remote exit or means of egress is when two (2) exits or two (2) exit access doors are required. Each exit or exit access door shall be placed at a distance apart equal to at least one-half (1/2) the length of the maximum overall diagonal dimension of the building or area to be used;

(Q) Self-closing means to be equipped with an approved device that will ensure closing after having been opened;

(R) Smoke barrier is a structural element, either vertical or horizontal, such as a wall, floor, or ceiling assembly that is designed and constructed to restrict the movement of smoke.

A smoke barrier may or may not have a fire resistance rating;

(S) Supervised automatic sprinkler system is a system with the initiating devices monitored by the fire alarm control panel. This may include switches used to monitor the position of valves, a low air pressure switch, a water flow switch, and a tamper switch.

(2) General Requirements.

(A) The Missouri Division of Fire Safety shall inspect the facility annually for the capacity specified on the license application and the fire inspection request. The inspection shall include a determination of whether or not the facility is approved for overlap care as provided in 19 CSR 30-61.155 Overlap Care of Children.

(B) At least one (1) portable, operable flashlight for each staff member shall be located on each level of the home and accessible to staff in the event of power failure.

(C) Child care staff shall conduct at least one (1) fire drill each month and a disaster drill at least every three (3) months. The disaster drills shall include tornado drills. The provider shall maintain a written record at the facility of the date, type of drill, time required to evacuate the building, and number of children present during the drill.

1. Unscheduled drills may be held at the fire inspector’s discretion.

2. A full evacuation of the home may be postponed during severe weather.

3. An evacuation/emergency plan for fires and tornadoes that is approved by the fire inspector shall be posted in the home in a central location and be visible to all occupants.

The plan shall include special instructions for infants and nonambulatory children.

4. Fire drills shall be conducted as follows:

A. Drills shall simulate an actual fire condition;

B. The children shall not obtain clothing or other items after the alarm has sounded;

C. The children shall proceed to a predetermined location outside the building that is sufficiently remote to avoid fire danger, interference with fire department operations, or confusion among different groups of children; and D. Groups shall remain in place until a recall to the building is issued or the children are dismissed.

(D) Children shall have no access to areas of the building that do not meet fire safety requirements.

(E) All flammable or combustible liquids, matches, lighters, or other hazardous items shall be stored so they are inaccessible to the children.

(F) The house numbers shall be plainly visible from the street in case of emergency.

(G) Housekeeping practices that ensure fire safety shall be maintained daily.

(H) Stairways, walks, ramps, and porches shall be kept free of ice and snow.

(I) The provider shall immediately report any fire in the family day care home to the Office of the State Fire Marshal and the Department of Health, Bureau of Child Care Safety and Licensure.

(J) No fresh-cut Christmas trees shall be used unless they are treated with a flame resistant material. Documentation of the treatment shall be on file at the facility and available for review by the fire inspector.

(K) The Division of Fire Safety may make additional requirements that provide adequate life safety protection if it is determined that the safety of the occupants is endangered.

Every building or structure shall be constructed, arranged, equipped, maintained, and operated to avoid danger to the lives and safety of its occupants from fire, smoke, fumes, or resulting panic during the period of time necessary for escape from the building.

(L) Mobile homes manufactured after November 27, 1973, shall comply with the Missouri Public Service Commission, regulations for mobile home tie-down systems. Manufactured homes shall comply with section 700.070, RSMo 1994, regarding tie-down systems.

(M) The latest edition of the National Fire Protection Association (NFPA), Chapter 101, Life Safety Code, shall prevail in the interpretation of this rule.

(N) When the licensed capacity increases, hours of care change, alterations are completed, or other changes occur that affect fire safety, the provider shall meet all the requirements of this rule unless otherwise excepted by the Division of Fire Safety.

(O) Facilities that were licensed and areas approved for child care prior to the effective date of this rule shall have ceilings at least seven feet (7’) in height. Facilities initially licensed and areas initially approved for child care on or after the effective date of this rule shall meet all the requirements of this rule and shall have ceilings at least seven feet, six inches (7’6”) in height. If alterations are made in facilities licensed prior to the effective date of this rule, those facilities shall meet all the requirements of this rule and shall have ceilings at least seven feet, six inches (7’6”) in height in the altered space. The fire inspector may make an allowance for the installation of ductwork and plumbing.

(P) Facilities served by a volunteer or membership fire department shall be a member in good standing with the fire department. A copy of the membership or receipt for membership shall be on file at the facility and available for review.

(Q) Clothes dryers shall be vented and maintained properly.

(3) Mixed Occupancies.

(A) In addition to meeting all the requirements of this rule, family day care homes initially licensed and areas initially approved for child care on or after the effective date of this

rule, shall meet the following requirements. If alterations are made in facilities licensed prior to the effective date of this rule, those facilities shall meet these requirements in the altered space— 1. When a facility is located in a building containing mixed occupancies, the other occupancies shall be separated from the family day care home by at least a one (1)-hour fire barrier; and 2. In facilities in apartment buildings, when both exit accesses exit into the same corridor, the corridor shall be protected throughout by a fire barrier with at least a one (1)hour fire resistance rated construction. All doors that open into the corridor shall be at least thirty-two inches (32”) wide, have a twenty (20)-minute fire resistance rating, and be self-closing.

(4) Exiting and Means of Egress.

(A) Each level occupied by children shall have at least two (2) remotely located means of egress. Each door opening in a means of egress shall be at least twenty-eight inches (28”) wide.

In new construction, each door opening shall be a minimum of thirty-two inches (32”) wide.

(B) Each room over three hundred (300) square feet in size that is used for day care shall have at least two (2) means of egress. At least one (1) means of egress shall be a door or stairway providing a means of unobstructed travel through the home to the outside of the building at street or ground level.

The second means of egress may be a window in accordance with 19 CSR 30-61.086(5) Fire Safety.

(C) No room or space that is accessible only by a ladder, folding stairs, overhead door, or through a trap door shall be occupied at any time.

(D) Facilities that use a garage as a second exit shall have no flammable or combustible liquids stored in the garage unless approved by the fire inspector. Overhead garage doors are not recognized as exit doorways.

(E) Automobiles shall not be stored in the garage during day care hours if there is an exit through the garage, unless the fire inspector determines that there is sufficient space for safe evacuation.

(F) No door in a means of egress shall be locked against egress travel when the building is occupied. Locking devices that impede or prohibit egress or that cannot be disengaged easily shall not be used. Dead bolt locks that require a key to unlock the door from the inside shall not be used. Locking or latching devices installed on doors shall not be located higher than fifty inches (50”) above the finished floor.

(G) Where two (2) exits or exit access doors are required, they shall be remotely located from each other.

(H) Closet door latches shall be designed so children can open the doors from the inside. Bathroom door locks shall be designed to permit opening of the door from the outside in an emergency. The opening device or key shall be readily accessible to the staff.

(I) Stairways, landings, and ramps shall be free of all objects.

(J) Dead-ends as defined by 19 CSR 30-61.086(1)(B) Fire Safety shall not exceed twenty feet (20’).

(5) Windows for Rescue and Ventilation.

(A) In addition to meeting all the requirements of this rule, following requirements. If alterations are made in facilities 1. Every room or space greater than three hundred (300) square feet used by children shall have at least one (1) outside window for emergency rescue and ventilation. The window shall be operable from the inside without the use of tools and shall provide a clear opening of at least twenty inches (20”) wide, twenty-four inches (24”) in height. The total clear opening space shall be no less than 5.7 square feet in size. The bottom of the opening shall be no more than forty-four inches (44”) above the floor and any latching device shall be operated easily. The clear opening shall be a rectangular solid, with a minimum width and height that provides the required 5.7 square feet opening and a minimum depth of twenty inches (20”) to allow passage through the opening. The windows shall be accessible by the fire department and shall open into an area having access to a public way. This does not apply when the room or space has a door leading directly to the outside of the building; and 2. No windows shall have bars or any other items placed over them in a stationary manner that would impede a rescue or evacuation attempt.

(6) Level of Exit Discharge.

(A) Areas used for day care shall not be located more than one (1) level below ground level.

(B) In addition to meeting all the requirements of this rule, following requirements. If alterations are made in facilities 1. Where children are occupying a level below or above the level of exit discharge (basement or second floor), at least one (1) means of egress shall be an exit discharging directly to the outside. The vertical travel to ground level shall not exceed eight feet (8’) for the basement and twelve feet (12’) for the second floor; and 2. Where children are occupying a level below or above the level of exit discharge (basement or second floor), arrangement of means of egress shall be remote from each other.

(7) Travel Distance.

(A) The travel distance between any room door intended as an exit access or an exit shall not exceed one hundred feet (100’). This travel distance may be increased by fifty feet (50’) in buildings protected throughout by a supervised automatic sprinkler system that is approved by the fire inspector based on the National Fire Protection Association’s Standards for Sprinkler Systems.

(B) The travel distance between any point in a room and an exit shall not exceed one hundred fifty feet (150’). This travel distance may be increased by fifty feet (50’) in buildings protected throughout by a supervised automatic sprinkler system that is approved by the fire inspector based on the National Fire Protection Association’s Standards for Sprinkler Systems.

(C) The travel distance between any point in a sleeping room and an exit access to that room shall not exceed fifty feet (50’).

(8) Emergency Lighting.

(A) Emergency lighting shall be installed if the facility is providing nighttime care or if the fire inspector determines that the safety of the occupants is endangered. Emergency lights shall have a ninety (90)-minute battery backup and shall be installed at a location determined by the fire inspector.

(9) Interior Finish.

(A) Interior wall and ceiling finishes throughout shall be Class C as provided in the latest edition of the National Fire Protection Association, Chapter 101, Life Safety Code. Textile materials having a napped, tufted, looped, woven, nonwoven, or similar surface shall not be applied to walls or ceilings.

Foam plastic materials or other highly flammable or toxic material shall not be used as an interior wall, ceiling, or floor finish.

(B) In addition to meeting all the requirements of this rule, care on or after the effective date of this rule, shall have wall studs, ceiling joists, and floor joists that are covered with a minimum of Class C finish with no exposed studs or joists. If alterations are made in facilities licensed prior to the effective date of this rule, those facilities shall meet these requirements in the altered space.

(10) Detection and Extinguishment.

(A) Smoke detectors shall be installed in all family day care homes.

(B) Smoke detectors shall be in good operating condition with a functional battery installed. If the smoke detector is not operational, the provider shall install a smoke detector that is powered by the home’s electrical system with a nine (9)-volt battery backup.

(C) Smoke detectors shall be installed on each level of the home in or near all sleeping areas. Additional smoke detectors shall be required in other rooms and areas if the fire inspector determines that the safety of the occupants is endangered.

(D) Facilities using equipment or appliances that pose a potential carbon monoxide risk, including homes with attached garages, shall install a carbon monoxide detector(s). The detector(s) shall be installed according to the manufacturer’s instructions. The fire inspector may require additional carbon monoxide detectors if the inspector determines that the safety of the occupants is endangered.

1. Carbon monoxide detectors shall be in good operating condition. If a battery-operated detector is not operational, the provider shall install a detector that is powered by the home’s electrical system with a battery backup.

2. If an elevated carbon monoxide level is detected during a fire inspection, the provider shall have all gas-fired appliances checked by a heating and air conditioning company to identify the source of the carbon monoxide. Until the provider has documentation on file at the facility verifying that all gas-fired appliances were checked by a heating and air conditioning company and are in safe working order, and the facility is determined safe by the fire inspector, the fire inspection shall not be approved.

3. If a level of carbon monoxide is determined that endangers the children in care, the fire inspector shall take measures necessary to protect the children. This may include evacuation of the building or closing the facility. The provider shall obtain and have on file at the facility, documentation verifying that all gas-fired appliances were checked by a heating and air conditioning company and are in safe working order. The facility shall be reinspected by the fire inspector and determined safe before the children can return to the building or the facility can reopen.

(E) At least one (1) portable, 5 lb., 2 A-10 BC, fire extinguisher shall be required in all facilities and located near the kitchen or a location required by the fire inspector. Facilities using more than one (1) level shall have an additional extinguisher on each level.

(F) Fire extinguishers shall be installed and maintained according to the instructions of the fire inspector and shall be inspected and approved annually by a fire extinguisher company. Documentation of the inspection and approval shall be on file at the facility and available for review by the fire inspector.

(G) In addition to meeting all the requirements of this rule, care on or after the date of this rule, shall meet the following requirements. If alterations are made in facilities licensed prior to the effective date of this rule, those facilities shall meet these requirements in the altered space— 1. Smoke detectors shall be powered by the home’s electrical system and have a nine (9)-volt battery backup.

When more than one (1) smoke detector is required by the fire inspector, the smoke detectors shall be interconnected so that when one smoke detector activates, it causes an alarm in all smoke detectors; and 2. Where the family day care home is located within a building of another occupancy such as in an apartment building or office building, any corridors serving the family day care home shall be provided with a smoke detector(s) that will activate the smoke detector(s) inside the family day care (H) Facilities that have a supervised automatic sprinkler system installed shall have the system tested and approved annually by a fire sprinkler company. A copy of the test report and approval of the system shall be kept on file at the facility and available for review by the fire inspector.

(11) Electrical Services.

(A) Electrical wiring shall be installed and maintained in good working order. If the fire inspector considers the wiring to be unsafe for the occupants or it is installed improperly, an inspection by a licensed electrician may be required prior to fire safety approval. The inspection by the licensed electrician shall be based on National Fire Protection Associa-tion, Chapter 70, National Electrical Code.

(B) Protective covers or inserts for electrical receptacles shall be installed in all areas occupied by children.

(C) Electrical extension cords shall not be used unless approved in writing by the fire inspector.

(12) Heating, Cooling, and Air Conditioning Equipment.

(A) Unvented fuel-fired room heaters and portable electrical space heaters shall not be used during child care hours. The provider shall sign a compliance letter verifying that such equipment will not be used.

(B) Facilities with a water heater over two hundred thousand (200,000) British thermal units (Btus) per hour input or larger, or that is heating with a boiler, shall have a valid permit from the Division of Fire Safety posted on the premises. A copy of the permit shall be kept on file at the Division of Fire Safety.

(C) Floor furnaces shall have noncombustible protective guards installed around them and shall be located so they do not block access to an exit from any area of the licensed day care space.

(D) Heating equipment, fireplaces, and radiators in areas occupied by children shall have partitions, screens, or other means to protect children from hot surfaces and open flames.

If solid partitions are used, provisions shall be made to ensure adequate air for combustion and ventilation for heating equipment. Partitions shall be constructed of noncombustible material and shall not obstruct exit access.

(E) Gas and electric heating equipment shall be equipped with thermostatic controls. Gas water heaters shall have a properly sized pressure relief valve and be vented properly by galvanized flue pipe and screws at every joint in the pipe or by material recommended by the manufacturer. The drip leg pipe on the pressure relief valve shall extend to approximately six inches (6”) above the floor.

(F) Furnace rooms shall be vented properly. Furnace flue pipes shall be constructed of galvanized pipe or material recommended by the manufacturer. Galvanized pipe shall be secured by screws at every joint in the pipe.

(G) Joints in gas supply pipes shall be located outside the furnace cabinet housing.

(H) Furnaces, water heaters and boilers shall be located inside a fire resistant room that is constructed of five-eighth inch (5/8”) sheet rock or equivalent on the interior, exterior, and ceiling. The room shall have a one and three-quarter inch (1 3/4”) thick solid core door. Furnace rooms and rooms containing water heaters shall not be required to be fire resistive if an automatic sprinkler head is installed off the domestic water system and a smoke detector is located directly outside the room that is interconnected to the other smoke detectors throughout the home.

(I) Furnace rooms and rooms containing water heaters shall have adequate combustion air for the units. The vent size opening for the combustion air shall be measured at one (1) square inch per one thousand (1,000) Btu input, if the combustion air is drawn from inside the structure and one (1) square inch per four thousand (4,000) Btu input if the air is drawn from outside the structure through the attic or crawl space. There shall be two (2) combustion air vent openings in each furnace room. One (1) opening shall be located at the lower level and the other at the upper level.

(J) Air conditioning, heating, ventilating ductwork, and related equipment shall be installed safely and be in good operating condition as determined by the fire inspector. The fire inspector shall base this on the National Fire Protection Association, Chapter 90A, Standard for the Installation of Air Conditioning and Ventilating Systems; or National Fire Protection Association, Chapter 90B, Standard for the Installation of Warm Air Heating and Air Conditioning Systems, as applicable.

(K) Fireplaces and wood burning stoves shall be installed safely and operate in good working condition as determined by the fire inspector.

(L) Flues shall be inspected and cleaned once a year, and the provider shall have documentation of the inspection and cleaning on file at the facility and available for review by the fire inspector. A spark arrestor shall be installed at the chimney outlet.

(M) In addition to meeting all the requirements of this rule, following requirements. If alterations are made in facilities 1. Gas shut off valves shall be located next to all gas appliances, furnaces, and water heaters;

2. If a furnace or water heater is located inside a garage, it shall be at least eighteen inches (18”) above the finished floor and enclosed inside a fire resistant room. The room shall be constructed of five-eighth inch (5/8”) sheet rock on the interior and exterior wall and interior ceiling and shall have a one and three-quarter inch (1 3/4”) thick solid core door; and 3. Furnaces shall be equipped with an electrical fused switch to protect the unit from electrical overloading and to disconnect the electrical supply.

(13) Equivalency Concepts.

(A) Nothing in this rule is intended to prevent the use of systems, methods, or devices of equivalent or superior quality, strength, fire resistance, effectiveness, durability, and safety as alternatives required by this rule. These alternatives may be used only if technical documentation to demonstrate equivalency and the system, method, or device is submitted and approved by the Missouri Division of Fire Safety.

History

• AUTHORITY: section 210.221.1(3), RSMo Supp. 1998. This rule originally filed as 19 CSR 30-61.086. Original rule filed Feb. 18, 1999, effective Sept. 30, 1999. Moved to 5 CSR 25-400.086, effective Aug. 30, 2021. Original authority: 210.221.1(3), RSMo 1949, RSMo 1955, 1987, 1993, 1995.

5 CSR 25-400.090 Disaster and Emergency Preparedness {#sec-5-csr-25-400.090 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-400.090}

PURPOSE: This rule requires family child care homes to prepare and respond to disasters and emergencies.

(1) Disaster Emergency Plan.

(A) The facility shall develop, implement, and maintain policies and procedures for responding to a disaster emergency, including a written plan for:

1. Medical and non-medical emergencies and disaster situations that could pose a hazard to staff and children, such as a fire, tornado, flood, chemical spill, exposure to carbon monoxide, power failure, bomb threat, person coming to the facility whose health or behavior may be harmful to a child or staff member, or kidnapping;

2. Evacuation from the facility in the event of a disaster emergency that could cause damage to the facility or pose a hazard to the staff and children;

3. Lock-down procedures in a situation that may result in harm to persons inside the facility such as a shooting, hostage incident, intruder, trespassing, or disturbance or to be used at the discretion of the director, designee, or public safety personnel; and 4. Evacuation from a vehicle used to transport children.

(B) When developing disaster emergency plans, the facility shall consider— 1. The age and physical and mental abilities of the children;

2. The types of services offered, including whether the facility provides care for non-ambulatory children or overnight care;

3. The types of disasters likely to affect the area;

4. The requirements of the Division of Fire Safety and the Department of Health and Senior Services’ The ABC’s of Emergency Preparedness Ready in 3 Program (2006), which is incorporated by reference and is published by the Department of Health and Senior Services, Center for Emergency Response and Terrorism, PO Box 570, Jefferson City, MO 65102-0570, telephone number 573-526-4768, and is available at www. health.mo.gov, and advice from the Red Cross or other health and emergency professionals. This rule does not include any later amendments or additions; and 5. The need for ongoing communication and data sharing with other types of agencies providing services to children and with state and local emergency management agencies.

(C) At a minimum, a disaster emergency plan shall identify the staff members responsible for implementing the plan and ensuring the safety of the children and shall include:

1. The location of the child’s attendance record and emergency information and emergency supplies;

2. Diagrams that identify exit routes from each area of the facility used for child care to a safe location out of the facility and to a safe location within the facility where children and staff members can stay until the threat of danger passes;

3. A list of emergency contacts as set out in subsection (2)

(B) below;

4. The disaster and emergency procedures to be followed, which include but are not limited to the following:

A. Use of alarms to warn other building occupants and summon staff;

B. Emergency telephone call to the fire department;

C. Response to alarms;

D. Isolation of a fire, including confinement by closing doors to the fire area;

E. Evacuation of the immediate area;

F. Two (2) off-site locations identified as meeting places in case of evacuation;

G. Relocation as detailed in the disaster and emergency plan, including individuals with special needs, such as nonambulatory children and children who sleep overnight, if applicable; and H. System of contact for parents of children and notification of parents of the plan to assist in re-unification;

5. Lock down procedures shall include:

A. An announcement of the lock-down by the director or designee. The alert may be made using a pre-selected code word;

B. In a lock-down situation, staff shall keep children in their rooms or other designated location that are away from the danger; and C. Staff is responsible for accounting for children and ensuring that no one leaves the room or safe area until “all clear” is announced.

(2) Access to Disaster Emergency Informa-tion. The licensee shall ensure that— (A) At all times, a copy of the facility’s disaster emergency plan is readily available in the office area and in each room used for care of children; and (B) The following information is posted in each room used for child care and beside each telephone in the facility:

1. Contact information, including the following:

A. The name, address, and telephone number of the facility;

B. A list of emergency numbers, including 911, if available, the fire department, police department, ambulance service, poison control center, and local radio station;

C. When a facility operates at more than one (1) site, the name and telephone number of the facility’s principal place of business; and D. When a facility occupies space it does not own, the name and telephone number of the owner of the building or the building manager;

2. A diagram of evacuation routes from the room; and 3. Any special instructions for infants and non-ambulatory (3) Disaster Emergency Response Drills for Staff and Children.

(A) The licensee shall ensure that the facility has on file documentation that, at least every three (3) months, all staff and children at the facility have participated in a disaster or emergency drill based on the facility’s disaster and emergency plan.

(B) In addition to fire safety requirements found in 19 CSR 30- 61.086, a review of the following disaster drill procedures with the staff and children shall be conducted:

1. Staff duties and responsibilities in the event of an emergency;

2. Disaster drill procedures such as fire drill, tornado drill, carbon monoxide exposure, power failure, bomb threat, chemical spill, intruder training, and CPR or other medical procedures;

3. The use of and response to fire alarms; and 4. The use of fire extinguishers.

History

• AUTHORITY: section 210.221, RSMo 2000. This rule originally filed as 19 CSR 30-61.090. Original rule filed April 29, 2011, effective Oct. 30, 2011. Moved to 5 CSR 25-400.090, effective Aug. 30, 2021. Original authority: 210.221, RSMo 1949, amended 1955, 1987, 1993, 1995, 1999.

5 CSR 25-400.095 Furniture, Equipment, and Materials {#sec-5-csr-25-400.095 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-400.095}

PURPOSE: This rule sets forth the requirements for the furniture, equipment and materials needed in a family day care home.

(1) Indoor Furniture and Equipment.

(A) General Requirements.

1. All furniture and equipment shall be constructed safely, in good condition and free of sharp, loose or pointed parts.

Only lead-free paint shall be used.

2. Furniture and equipment shall be arranged to provide a clear passage to all exits.

(B) Sleeping Equipment.

1. General requirements.

A. A cot, bed, sofa, padded playpen, or crib shall be provided for each child who naps or sleeps. An individually assigned sheet and blanket shall be provided for each child twelve (12) months and older who naps or sleeps. Upper levels of bunk beds shall not be used.

B. If family beds are used for napping or sleeping, a clean sheet shall be spread over the family bedding.

C. If a double bed or larger is used only two (2) children may nap or sleep on it at one (1) time.

D. All bedding shall be clean with sheets laundered at least once a week. Once bedding has been used by a child, it shall not be used by another child until it has been laundered.

E. Sleeping equipment shall be arranged to provide at least a two-foot (2’) aisle on one (1) long side of the equipment.

2. Infants.

A. A crib, portable crib, or playpen shall be provided and used for each infant. Stack cribs shall not be used.

B. Cribs and playpens shall meet the Consumer Product Safety Commission and ASTM International (formerly the American Society for Testing and Materials) safety standards for full size baby cribs as found in 16 CFR Part 1219 and for non-full size baby cribs as found in 16 CFR Part 1220. The 2014 crib safety standards found in 16 CFR Parts 1219 and 1220 are incorporated by reference as part of this rule and are published by and available at the U.S. Government Publishing Office, 732 North Capitol Street NW, Washington, D.C. 20401-0001, 202-512- 1800, www.bookstore.gpo.gov/catalog/laws-regulations/codefederal-regulations-cfrs-print. This rule does not include any later amendments or additions.

C. The crib mattress or playpen pad shall be sized correctly to the crib or playpen, in good condition, waterproof, and kept clean and dry, be firm and maintain its shape even when the fitted sheet designated for that model is used, such that there are no gaps between the mattress and the side of the crib or playpen. Only fitted sheets shall be used and shall be changed immediately when soiled or wet.

D. Soft materials or objects such as pillows, quilts, comforters, or sheepskins, even if covered by a sheet, shall not be placed under a sleeping infant. If a mattress cover to protect against wetness is used, it shall be tight fitting and thin.

E. Cribs, portable cribs, and playpens shall be free of soft objects, loose bedding, or any object that can increase the risk of entrapment, suffocation, or strangulation. Examples include bumper pads, pillows, quilts, comforters, sleep positioning devices, sheepskins, blankets, flat sheets, cloth diapers, bibs, pillow-like toys, wedges, infant positioners, special mattresses, special sleep surfaces, and other similar items.

F. Blankets or other soft or loose bedding shall not be hung on the sides of cribs or put under the fitted sheet. Only sleep clothing that is designed to keep an infant warm without the possible hazard of covering the head or face may be used during sleep or nap time.

G. Sitting devices such as car safety seats, strollers, swings, infant carriers, infant slings, and other sitting devices shall not be used for sleep/nap time. Infants who fall asleep anywhere other than a crib, portable crib, or playpen must be placed in the crib or playpen for the remainder of their sleep or nap time.

(C) Tables and Seating Equipment.

1. Preschool and school-age children. Table and seating space for eating and table activities shall be available for children twelve (12) months of age and older.

2. Infants and toddlers. Infants and toddlers who are unable to sit at a table shall be served meals at a feeding table, high chair, infant seat or other safely designed infant-seating equipment.

Equipment shall be provided which will allow a child to sit comfortably and securely while being fed. Appropriate restraints shall be used.

(2) Indoor Play Equipment and Materials.

(A) General Requirements.

1. Play equipment and materials shall be clean, in good condition with all parts intact and accessible to children.

2. Play equipment and materials shall be replaced as needed to maintain the number of items required for the licensed capacity of the home.

3. Toys or materials that come in sets shall be considered one (1) item.

(B) Preschool and School-Age Children.

1. Children twenty-four (24) months of age or older shall have an ample variety of age-appropriate toys, books, creative materials and activities which provide fun, stimulation, development and opportunities for individual choices.

2. A minimum of forty (40) approved items shall be required. The forty (40) items shall include at least four (4) items from each of the following categories:

A. Blocks, construction and transportation toys;

B. Manipulatives;

C. Creative arts;

D. Large muscle activities;

E. Library and language activities;

F. Music and rhythm activities;

G. Dramatic and housekeeping play; and H. Science activities or sensory experiences.

(C) Infants and Toddlers.

1. Infants and toddlers shall have safe toys which shall be washed when soiled. Toys, parts of toys or other materials shall not be small enough to be swallowed. Toys and materials shall include a minimum of one (1) approved item from each of the following categories for each infant and toddler in the licensed capacity of the home:

A. Push-pull toys;

B. Balls or other large muscle equipment;

C. Blocks, stacking toys or other manipulatives; and D. Cloth or plastic-coated books.

(3) Outdoor Equipment.

(A) All outdoor equipment shall be constructed safely, in good condition and free of sharp, loose or pointed parts. Only lead-free paint shall be used.

(B) Outdoor equipment shall be provided for the ages and number of children in care to meet their physical and developmental needs.

(C) Children shall be instructed in the safe use of outdoor equipment.

(D) Stationary equipment such as swings, slides and climbers shall be securely anchored, have no exposed footings and be placed to avoid accidents or collisions.

(E) For family day care homes initially licensed after the effective date of these rules or for homes installing new equipment, any part of the equipment from which children might fall shall not be more than six feet (6’) in height.

(F) Equipment with moving parts which might pinch or crush children’s hands or fingers shall not be used unless the moving parts which pose a threat to children have guards or covers. “S” hooks shall be pinched together to avoid catching children’s skin or clothing.

(G) Swings shall have lightweight seats of rubber, plastic, canvas or nylon.

(H) Exposed bolts and screws shall be recessed into the frame, covered or filed to avoid sharp edges.

(I) Ropes, loops or any hanging apparatus that might entrap, close or tighten upon a child shall not be permitted.

(J) Trampolines shall not be used. Mini-trampolines, aerobic bouncers or other similar small jumping equipment may be used with close supervision.

rule previously filed as 13 CSR 40-61.080, 13 CSR 40-61.095, and 19 CSR 40-61.095. Original rule filed March 29, 1991, effective Oct. 31, 1991. Changed to 19 CSR 40-61.095, effective Dec. 9, 1993. Changed to 19 CSR 30-61.095 July 30, 1998. Emergency amendment filed Nov. 10, 2015, effective Nov. 20, 2015, expired May 17, 2016.

Amended: Filed Nov. 10, 2015, effective April 30, 2016. Moved to 5 CSR 25-400.095, effective Aug. 30, 2021. *Original authority: 210.221.1(3), RSMo 1949, amended 1955, 1987, 1993, 1995, 1999, 2015 and 210.223, RSMo 2015.

5 CSR 25-400.105 The Child Care Provider and Other Child Care Personnel {#sec-5-csr-25-400.105 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-400.105}

PURPOSE: This rule sets forth the requirements for the day care provider and assistants, and number and age limitations of children in care and staff training.

(1) General Requirements.

(A) The provider routinely shall be present during the hours of highest attendance a minimum of forty (40) hours per week.

(B) The provider shall name an assistant caregiver who shall be available to substitute during his/her absence or to meet staff/child ratios.

(C) Caregivers shall be eighteen (18) years of age or older, have knowledge of the needs of children, and be sensitive to the capabilities, interests, and problems of children in care.

(D) Caregivers shall be of good character and intent and shall be qualified to provide care conducive to the welfare of (E) Caregivers shall be capable of handling emergencies promptly and intelligently.

(F) All caregivers shall cooperate with the department.

(G) The provider shall not be engaged in any other employment while on duty at the family child care home.

(H) The provider shall have available a copy of the Licensing Rules for Family Child Care Homes in Missouri. Providers and assistants shall review and be knowledgeable of the rules at the time they begin work, and shall be able to understand and apply the rules which relate to their respective responsibilities.

(I) All child care providers and assistants shall acquaint themselves with the child abuse and neglect law and shall make a report of any suspected child abuse or neglect to the Children’s Division at the toll-free number 1-800-392-3738 or online at https://apps.dss.mo.gov/OnlineCanReporting/default. aspx.

(J) The child care provider shall ensure that within seven (7) days of employment or volunteering, and before being left alone with children, that caregivers employed on or after August 30, 2019, receive a facility orientation. The child care provider shall ensure that documentation verifying completion of the facility orientation is maintained and on file for review by the department for each caregiver. The facility orientation shall include:

1. A tour of the facility, indoors and outdoors; and 2. A review of the following:

A. Licensing rules;

B. The facility’s license and its limitations, if any;

C. The facility’s written child care practices, including procedures for medication administration, child illness, discipline, and guidance policies;

D. The daily schedule;

E. The assigned duties and responsibilities of staff;

F. The names and ages of the children for whom the staff member will be responsible, including any special health, nutritional, or developmental needs;

G. The location of children’s records;

H. The facility’s safe sleep policy, if applicable;

I. The facility’s disaster emergency plan and the location of emergency information; and J. The mandated responsibility to report any suspected child abuse or neglect to the Children’s Division .

(K) The provider, assistant(s), volunteers, or others in the home shall not be under the influence of alcohol or illegal drugs while child care is being provided or in any vehicles used by the program. The child care provider or other child care personnel shall not be in a state of impaired ability due to use of medication while providing child care.

(L) The department shall evaluate any information received that indicates that the subject of the criminal record review poses a threat to the safety or welfare of children. In addition to those individuals automatically disqualified from presence at a child care facility by 5 CSR 25-600.040 Background Screening Findings, the department may also prohibit the presence of any person on the premises of the family child care home during child care hours that has a criminal history that the department determines to be evidence that said person poses a threat to the safety and welfare of children.

(M) The provider shall request the results of a criminal background check for child care staff members as required by

5 CSR 25-600.020 General Requirements. {#sec-5-csr-25-600.020 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-600.020}

(N) Child care staff members shall have qualifying background screening results on file as required by 5 CSR 25- 600.020 General Requirements.

(O) Child care staff members with disqualifying background screening results as defined in 5 CSR 25-600.040 Background Screening Findings shall be prohibited from being present on the premises of the facility during child care hours.

(P) The child care provider shall conduct a Family Care Safety Registry screening prior to employment for any newly hired child care staff member who has a qualifying criminal background check result.

(Q) Background screening information received by the provider shall be retained in the individual’s file in a confidential manner and available for review.

(R) If an employee reports licensing deficiencies in the home, the child care provider shall not take any action against the employee because of the report that would adversely affect his/ her employment or terms or conditions of employment.

(S) The provider shall have documentation on file at the home of current certification in age-appropriate first aid and cardiopulmonary resuscitation (CPR) training. The training shall be certified by a nationally recognized organization, such as the American Red Cross, American Heart Association, or an equivalent certification and be approved by the department.

At least one (1) caregiver with current certification in ageappropriate first aid and CPR must be on site at all times when children are present. First aid/CPR training may count toward the annual clock hour training requirement.

(2) Licensing Capacities and Staff/Child Ratios.

(A) A family child care home may be licensed for up to ten (10) children. The following staff/child ratios must be maintained at all times and shall not be exceeded except as permitted under these rules:

Number of caregivers present Number of children present Maximum number of children under age two (2) 1Up to 44 15-63 17-102 2Up to 88 2Up to 104 (B) A family child care home may be licensed at maximum capacity for a period of eighteen (18) consecutive hours of the twenty-four- (24-) hour day. For the remaining six (6) hours of the twenty-four- (24-) hour day, care may be provided for onethird (1/3) of the licensed capacity of the home.

(C) A maximum of two (2) children five (5) years of age and older who are related to the family child care home provider, or under court-appointed guardianship or legal custody of a family child care home provider, shall not be counted in the licensed capacity. For the purpose of this rule, related is any of the following relationships by marriage, blood, or adoption between the provider and the children in care: parent, grandparent, great-grandparent, brother, sister, stepparent, stepbrother, stepsister, uncle, aunt, niece, or nephew.

1. If more than one (1) member of the legal entity is responsible for the daily operation of the family child care home, the related children of only one (1) such member shall be excluded from counting in the licensed capacity.

(3) Assistants.

(A) The provider shall have at least one (1) assistant available.

(B) The names, addresses, and telephone numbers of all assistants shall be posted with other emergency numbers in the home.

(C) Parents shall be notified of any absence of the provider and informed of the name of the assistant on duty.

(4) Child Care Training.

(A) The provider shall obtain at least twelve (12) clock hours of child care-related training during each calendar year. Any assistant who works or volunteers more than five (5) hours per week shall meet the same training require ments. Clock hour training shall be approved by the department.

(B) A clock hour shall be a minimum of one (1) hour.

(C) Caregivers who were employed less than the full year shall obtain one (1) clock hour of training for each one (1) month of employment, regardless of the date employment began.

(D) The clock hour training shall include one (1) or more of the department-approved content areas. The eight (8) content areas address child development, family-teacher partnerships, child observation, developmentally appropriate practice, early childhood curriculum, professionalism, health and safety, and leadership.

(E) Training shall be documented with the dates, the individual participant’s name, the number of hours of training completed, the title of the training, training approval identification code, and the name of the trainer(s).

1. Caregivers shall obtain a Missouri Professional Development Identification (MOPD ID) number from the department.

2. All clock hour training records shall be recorded in the department’s professional development system. A summary of training from the professional development system will serve as documentation of training hours completed.

3. Child-related college courses from an accredited college or university as identified by the U.S. Department of Education’s Office of Post-Secondary Education (http://ope.ed.gov/ accreditation/) may be counted as clock hour training. Childrelated college courses shall meet the following guidelines:

A. College coursework accepted for clock hours must be child related;

B. One (1) college credit is equal to fifteen (15) clock hours;

C. College coursework does not include clock hour training or Continuing Education Units (CEUs) taken from a college. Clock hour training provided through colleges, such as a continuing education program or an extension office, must follow the procedures for clock hour training approval; and D. College coursework shall be documented by a transcript from an accredited college.

(F) Completing a Child Development Associate (CDA) or Youth Development Credential (YDC) shall count for twelve (12) clock hours for the year the credential was awarded.

(G) Caregivers shall not receive clock hours for duplicate training taken within the same calendar year.

(H) Clock hours obtained in excess of the twelve (12) training clock hours for the current year shall not be carried over into the next calendar year.

(I) Clock hour training taken prior to beginning employment or becoming licensed at the family child care home may be counted as long as it occurred within that calendar year.

(J) High school coursework shall not be approved for clock hours.

(K) Trainers shall not be awarded clock hours for training sessions which they conducted.

(L) Caregivers shall not be counted in ratio when obtaining clock hour training.

(5) Safe Sleep Training.

(A) Every three (3) years the provider, assistant(s), and volunteers in a family child care home licensed to provide care for infants less than one (1) year of age shall successfully complete department-approved training regarding the American Academy of Pediatrics (AAP) safe sleep recommendations contained in the American Academy of Pediatrics Policy Statement on sleep-related infant deaths. The Sleep-Related Infant Deaths: Updated 2022 Recommendations for Reducing Infant Deaths in the Sleep Environment, July 2022, is incorporated by reference in this

rule, as published by the American Academy of Pediatrics and available at https://publications.aap.org/pediatrics/

article/150/1/e2022057990/188304/Sleep-Related-Infant-Deaths- Updated-2022 or as published in PEDIATRICS Volume 150, Issue 1, July 2022. A copy can also be obtained from the Department of Elementary and Secondary Education, Office of Childhood, 205 Jefferson Street, PO Box 480, Jefferson City, MO 65102-0480 and at https://dese.mo.gov/governmental-affairs/ dese-administrativerules/incorporated-reference-materials.

This rule does not incorporate any subsequent amendments or additions.

1. The training shall be documented and maintained as described in paragraph (4)(E)2. of this rule.

2. The provider, assistant(s), and volunteers in a family child care home shall complete the safe sleep training described in subsection (5)(A) of this rule prior to licensure.

3. The provider and any assistant hired or volunteering at the facility after initial licensure shall complete the safe sleep training described in subsection (5)(A) of this rule within thirty (30) days of employment or volunteering at the facility.

Filed Feb. 15, 2019, effective Aug. 30, 2019. Amended: Filed Aug. 31, 2020, effective Feb. 28, 2021. Moved to 5 CSR 25-400.105, effective Aug. 30, 2021. Amended: Filed Oct. 7, 2021, effective May 30, 2022.

Amended: Filed Sept. 23, 2022, effective April 30, 2023. 210.221, RSMo 1949, amended 1955, 1987, 1993, 1995, 1999, 2015, 2019, 2020; 210.223, RSMo 2015; and 210.1080, RSMo 2018, amended 2019, 2020.

History

• AUTHORITY: sections 210.221 and 210.1080, RSMo Supp. 2022, and sections 161.092 and 210.223, RSMo 2016. This rule previously filed as 13 CSR 40-61.090, 13 CSR 40-61.105, and 19 CSR 40-61.105. to 19 CSR 40-61.105, effective Dec. 9, 1993. Emergency amendment 9, 1994. Changed to 19 CSR 30-61.105 July 30, 1998. Amended: Filed Feb. 18, 1999, effective Sept. 30, 1999. Amended: Filed Jan. 28, 2011, effective July 30, 2011. Emergency amendment filed Nov. 10, 2015, effective Nov. 20, 2015, expired May 17, 2016. Amended: Filed Nov. 10, 2015, effective April 30, 2016. Emergency amendment filed Feb. 15, 2019, effective Feb. 25, 2019, expired Aug. 23, 2019. Amended:

5 CSR 25-400.115 Child Care Family and Household {#sec-5-csr-25-400.115 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-400.115}

PURPOSE: This rule contains the requirements for family members and others sharing the home with day care children.

(1) Relationships between members of the child care household shall provide a positive environment for children. There shall be agreement among the adult members of the household for sharing their home with the child care children.

(2) The financial resources of the family shall be sufficient to maintain minimum standards of care as set forth by the department.

(3) If an individual(s) requiring extensive care due to illness or handicapping conditions is present in the home during the hours of child care, another adult shall be available in the home on a full-time basis who shall be responsible for caring for the individual(s) requiring extensive care.

(4) The provider shall notify the department of any new household members.

(5) Any household member or any person present at the home during hours in which child care is provided shall not present a threat to the health, safety, or welfare of the children.

RSMo Supp. 2021.* This rule previously filed as 13 CSR 40-61.100, 13 CSR 40-61.115, and 19 CSR 40-61.115. Original rule filed March 29, 1991, effective Oct. 31, 1991. Changed to 19 CSR 40-61.115, effective Dec. 9, 1993. Emergency amendment filed Aug. 18, 1993, effective Aug. 28, 1993, expired Dec. 25, 1993. Emergency amendment filed Jan. 4, 1994, effective Jan. 14, 1994, expired May 13, 1994.

Amended: Filed Aug. 18, 1993, effective April 9, 1994. Changed to

19 CSR 30-61.115 July 30, 1998. Moved to 5 CSR 25-400.115, effective Aug. 30, 2021. Amended: Filed Oct. 7, 2021, effective May 30, 2022. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014, and {#sec-19-csr-30-61.115 omnilex-key=us-mo-regs-official--title-5--19 CSR 30-61.115}

5 CSR 25-400.125 Medical Examination Reports {#sec-5-csr-25-400.125 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-400.125}

PURPOSE: This rule sets forth the requirements for medical examinations for caregivers and children in care.

(1) Child Care Provider and Assistants.

(A) The child care provider shall be in good physical and emotional health with no physical or mental conditions which would interfere with child care responsibilities.

(B) The provider shall have a medical examination report on file at the time of initial licensure.

(C) All assistants shall be in good physical and emotional health with no physical or mental conditions which would interfere with child care responsibilities.

(D) Assistants who are employed or volunteer more than five (5) hours per week shall have a medical examination report on file within thirty (30) days of beginning work in the home.

(E) Medical examination reports shall include either a Tuberculosis (TB) Risk Assessment form, completed and signed by a health care professional, or a negative tuberculin skin test (TST) completed not more than twelve (12) months before beginning work in the facility. The Tuberculosis (TB) Risk Assessment form, revised March 2014, is incorporated by reference in this rule, as published by the Missouri Department of Health and Senior Services, PO Box 570, Jefferson City, MO 65102 and available by the Missouri Department of Health and Senior Services at https://health.mo.gov/living/ healthcondiseases/communicable/tuberculosis/tbmanual/pdf/ RiskAssessmentform.pdf. This rule does not incorporate any subsequent amendments or additions to this publication. If the person has signs or symptoms of tuberculosis, or risk factors for tuberculosis, then testing for tuberculosis shall occur.

1. If the person has no documented history of ever receiving a tuberculin skin test (TST), and elects to receive a TST, then a two- (2-) step TST is required. A history of bacilli Calmette-Guerin vaccination (BCG) shall not exempt a person from receiving a tuberculin test.

2. Persons that have a newly positive tuberculin test(s) shall not be allowed to work until a medical evaluation is performed to determine if the person has active contagious tuberculosis.

3. Persons with active contagious tuberculosis shall be excluded from employment until deemed non-infectious by the Missouri Department of Health and Senior Services or the local public health agency. The person may return to work once the above criteria have been met, as long as the person adheres to his/her prescribed treatment regimen.

4. All positive tuberculin tests shall be reported to the Missouri Department of Health and Senior Services or local public health agency as required by 19 CSR 20-20.020.

(F) Medical examination reports shall be signed by a licensed physician or registered nurse who is under the supervision of a licensed physician and completed not more than twelve (12) months prior to beginning work in the home. These reports may be transferable to another child care facility for subsequent employment.

(G) The medical examination report form shall be supplied by the department or the provider may use his/her own form if it contains all the information on the department’s form. The Medical Examination Report for Caregivers and Staff form, revised 2021, is incorporated by reference in this rule, as published by the Missouri Department of Elementary subsequent amendments or additions.

(H) A child care employee, who is identified as a contact to an active tuberculosis case, shall be evaluated for tuberculosis to determine if the person has active contagious tuberculosis, or be excluded from work.

(I) If at any time the department has reason to question the physical or mental health of a provider or assistant, the department shall require a physical or mental examination of that person.

(J) No individual shall work when ill if the health or wellbeing of children is endangered.

(2) Children.

(A) The provider shall require, within thirty (30) days following the admission of each infant, toddler, or preschool child, a medical examination report signed by a licensed physician or registered nurse who is under the supervision of licensed physician and completed not more than twelve (12) months prior to admission. The provider may use the department’s medical assessment form or the provider may use its own form if it contains all the information on the department’s form. The Child Medical Examination Report (Infant/Toddler/ Pre-School), revised 2021, is incorporated by reference in this

rule, as published by the Missouri Department of Elementary subsequent amendments or additions.

(B) Examination reports shall determine if a child’s medical history and current state of health is satisfactory for participation in a child care program.

(C) Medical examination reports shall not apply to any child if the parent(s) files a signed statement of objection based on religious beliefs.

(D) The parent(s) of a school-age child shall provide a report at the time of enrollment indicating the child’s health history, any current health problems, and any restrictions necessary for the child’s care.

(E) The medical examination report form and the health

history report for school-age children shall be supplied by the department or the provider may use his/her own form if it contains all the information on the department’s form.

The School-Age Child Health Report form, revised 2021, is incorporated by reference in this rule, as published by the Missouri Department of Elementary and Secondary Education, PO Box 480, Jefferson City, MO 65102-0480 and available by the department at https://dese.mo.gov/childhood/forms. This

rule does not incorporate any subsequent amendments or additions.

History

• AUTHORITY: section 161.092, RSMo 2016, and section 210.221, RSMo Supp. 2021. This rule was previously filed as 13 CSR 40- 61.110, 13 CSR 40-61.125, and 19 CSR 40-61.125. Original rule filed March 29, 1991, effective Oct. 31, 1991. Changed to 19 CSR 40- 61.125, effective Dec. 9, 1993. Emergency amendment filed Aug. amendment filed Jan. 4, 1994, effective Jan. 14, 1994, expired May 13, 1994. Amended: Filed Aug. 18, 1993, effective April 9, 1994. Changed to 19 CSR 30-61.125 July 30, 1998. Amended: Filed April 29, 2011, effective Oct. 30, 2011. Moved to 5 CSR 25-400.125, effective Aug. 30, 2021. Amended: Filed Oct. 7, 2021, effective May 30, 2022. Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014, and 210.221, RSMo 1949, amended 1955, 1987, 1993, 1995, 1999, 2015, 2019, 2020.

5 CSR 25-400.135 Admission Policies and Procedures {#sec-5-csr-25-400.135 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-400.135}

PURPOSE: This rule defines admission policies and procedures for children in care.

PUBLISHER’S NOTE: The publication of the full text of the material that the adopting agency has incorporated by reference in this

rule would be unduly cumbersome or expensive. Therefore, the full text of that material will be made available to any interested person at both the Office of the Secretary of State and the office of the adopting agency, pursuant to section 536.031.4, RSMo. Such material will be provided at the cost established by state law.

(1) The provider shall establish, implement, and maintain written policies pertaining to the program goals, admission, safe sleep practices for children less than one (1) year of age, care and discharge of children, and shall provide a copy to the parent(s) at the time of enrollment.

(2) The provider’s infant safe sleep policy shall comply with

section 210.223, RSMo, and shall include, but not be limited to:

(A) The following safe sleep practices:

1. The policy shall list the licensee’s expectations regarding how and when caregivers are to be trained on safe sleep;

2. A requirement that children less than one (1) year of age be placed on their backs to sleep;

3. A requirement that the facility shall receive a written statement from the infant’s licensed health care provider stating that the infant requires alternative sleep positions or special sleeping arrangements that differ from those set forth in 19 CSR 30-61.175(2)(C) prior to allowing the infant to be placed in a sleep position that is not on his or her back; and 4. Supervision of infants during nap/sleep times, to include:

A. Positioning of staff;

B. Lighting in the nap room;

C. Physical checks of the child to ensure he or she is not overheated or in distress; and D. Prohibitions against the use of any equipment such as a sound machine that may interfere with the caregiver’s ability to see or hear a child who may be distressed; and (B) The following requirements for safe sleep environments:

1. The policy shall state that cribs and playpens must have a firm mattress and tight fitting sheets, be free of loose bedding, bumper pads, pillows, and soft toys;

2. Shall require infants’ heads be uncovered during nap/ sleep times;

3. Shall prohibit covering cribs or playpens with blankets or bedding;

4. Shall prohibit smoking in the child care home during the hours children are in care; and 5. Shall require giving the parent(s) or guardian(s) of each infant in care a copy of the provider’s safe sleep policy upon the child’s enrollment.

(3) The provider shall have available a copy of the Licensing Rules for Family Day Care Homes in Missouri and shall advise the parent(s) at the time of enrollment of his/her child of the availability of the rules for review.

(4) A child who has a special physical, developmental, or behavioral need shall have on file an individualized plan for specialized care from a professionally qualified source.

(5) The provider shall assess his/her ability to provide care for the special needs child while also meeting the needs of the other children.

(6) The provider shall develop and implement a procedure for admitting children which shall include:

(A) A personal interview with the parent(s) and child to exchange information and arrive at a mutual decision about admitting a child;

(B) A plan for continuing communication between the child care provider and the parent(s);

(C) Discussion of the plan for providing for the care of the ill child as required by 19 CSR 30-61.185 Health Care;

(D) Discussion of the parental plan for providing for the care of the child when the provider is ill or for the care of school-age children on scheduled days of school closing; and (E) Completion by the parent(s) of the following written information which shall be on file before the child is accepted for care:

1. All information required by 19 CSR 30-61.210 Records and Reports;

2. Information regarding a child’s personal development, behavior patterns, habits, and individual needs;

3. Instructions for action to be taken if the parent(s) or physician designated by the parent(s) cannot be reached in an emergency and permission for emergency medical care;

4. Information indicating that the child has completed age-appropriate immunizations, is in the process of completing immunizations, or is exempt from immunization requirements as defined by 19 CSR 30-61.185 Health Care;

5. Permission for field trips, transportation to and from school, and other transportation;

6. Permission for school-age children to leave the home to participate in classes, clubs, or other activities, naming the activity, time of leaving and returning, and the method of transportation to and from the activity (Permission for regular activities such as scouting may be given for the entire school term.);

7. Acknowledgment by the parent(s) that— A. They have received a copy of the provider’s policies pertaining to the admission, care, and discharge of children;

B. They have been informed that the Licensing Rules for Family Day Care Homes in Missouri are available in the home for their review;

C. They and the provider have agreed on a plan for continuing communication regarding the child’s development, behavior and individual needs;

D. They understand and agree that the child may not be accepted for care when ill;

E. They have received a copy of the provider’s safe sleep policy when enrolling children less than one (1) year of age;

F. They have been notified that they may request notice at initial enrollment in or attendance at the facility or upon request of whether there are children for whom an immunization exemption has been filed currently enrolled in or attending the facility.

(7) If care is provided for children related to the provider who do not live in the home, the parent(s) shall complete and sign a form which is supplied by the department. The form shall be on file at the home before related children are accepted for care and shall contain the following identifying information:

(A) Each child’s name, address, birth date, and date of admission;

(B) Each child’s relationship to the provider; and (C) The parent’s(s)’ name(s), address(es), and telephone number(s).

(8) If a provider enrolls children for irregular or intermittent care, all procedures for admitting children shall be followed.

Children enrolled on an irregular or intermittent basis shall be accepted only by appointment and shall not cause the home to exceed its licensed capacity.

(9) After attempts have been made to meet a child’s individual needs, any child who demonstrates an inability to benefit from the care offered by the child care provider or whose presence is detrimental to other children may be discharged from the (10) Care of a child may be discontinued if the provider and the parent(s) cannot establish a mutually satisfactory working relationship.

(11) Parents shall have access to the home at any time during child care hours.

Emergency amendment filed Aug. 18, 1993, effective Aug. 28, 1993, expired Dec. 25, 1993. Emergency amendment filed Jan. 4, 1994, effective Jan. 14, 1994, expired May 13, 1994. Amended: Filed Aug. 18, 1993, effective April 9, 1994. Changed to 19 CSR 30-61.135 July 30, 1998. Emergency amendment filed Nov. 10, 2015, effective Nov. 20, 2015, expired May 17, 2016. Amended: Filed Nov. 10, 2015, effective April 30, 2016. Moved to 5 CSR 25-400.135, effective Aug. *Original authority: 210.221.1(3), RSMo 1949, amended 1955, 1987, 1993, 1995, 1999, 2015 and 210.223, RSMo 2015 .

History

• AUTHORITY: sections 210.221 and 210.223, RSMo Supp. 2015. This rule previously filed as 13 CSR 40-61.120, 13 CSR 40-61.135, and 19 CSR 40-61.135. Original rule filed March 29, 1991, effective Oct. 31, 1991. Changed to 19 CSR 40-61.135, effective Dec. 9, 1993.

5 CSR 25-400.145 Nighttime Care {#sec-5-csr-25-400.145 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-400.145}

PURPOSE: This rule sets forth requirements for facilities providing nighttime care for children.

(1) If nighttime care is to be offered on a regular basis, rules shall be met as set forth for nighttime care and the home shall be specifically licensed to include nighttime care.

(2) Family child care homes licensed for nighttime care shall meet the requirements of the following additional rules:

(A) Special effort shall be made by the child care provider to individualize care at children’s bedtime and awakening.

The parent(s) shall be consulted concerning his/her child’s particular behavior patterns at bedtime and awakening;

(B) As parents will be calling for children at various hours during nighttime care, room arrangements shall take into consideration the child’s need for undisturbed sleep;

(C) Combs, brushes, toothbrushes, or other personal items shall be individually marked with the child’s name;

(D) Night-lights shall be located in areas as required by individual children’s needs;

(E) Separate sleeping and dressing areas shall be provided for school-age boys and girls; and (F) During sleeping hours, the provider or assistant(s) shall be in close proximity to sleeping areas in order to respond to children needing attention. Close proximity means that the provider shall be close enough to the children to be able to hear any sounds they might make that would indicate a need for assistance.

RSMo Supp. 2021.* This rule previously filed as 13 CSR 40-61.130, 13 CSR 40-61.145, and 19 CSR 40-61.145. Original rule filed March 29, 1991, effective Oct. 31, 1991. Changed to 19 CSR 40-61.145, effective Dec. 9, 1993. Changed to 19 CSR 30-61.145 July 30, 1998. Moved to 5 CSR 25-400.145, effective Aug. 30, 2021. Amended: Filed Oct. 7, 2021, effective May 30, 2022. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014, and

5 CSR 25-400.155 Overlap Care of Children {#sec-5-csr-25-400.155 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-400.155}

PURPOSE: This rule defines overlap care and sets forth the requirements of overlap care.

(1) There may be situations (for example, to accommodate parents’ work shifts or before- and after-school care) when the number of children in care over two (2) years of age may exceed the licensed capacity of the home. The number in care shall never be more than one-third (1/3) over the licensed capacity of the home at the time of overlap. The overlap period(s) shall not exceed two (2) hours total in any twenty-four- (24-) hour child-care day. The two (2) hours of available overlap time may be utilized in smaller time periods.

(2) Overlap care of children under two (2) years of age shall not be permitted.

(3) Overlap care shall not be provided until a Child Care Facility Overlap Request form has been submitted, including the hours overlap care will be provided, and written approval has been received from the department. The Child Care Facility Overlap Request form, promulgated 2021, is incorporated by reference in this rule, as published by the Missouri Department of Elementary and Secondary Education, PO Box 480, Jefferson City, MO 65102-0480 and available by the department at https:// dese.mo.gov/childhood/forms. This rule does not incorporate any subsequent amendments or additions.

(4) Any changes in the hours of overlap care shall require a new overlap request form be submitted and approved.

(5) All procedures for admitting children shall be followed if a provider chooses to enroll children for overlap care.

(6) Overlap approval shall not be granted to facilities licensed exclusively for before- and after-school child care programs.

RSMo Supp. 2021.* This rule previously filed as 13 CSR 40-61.140, 13 CSR 40-61.155, and 19 CSR 40-61.155. Original rule filed March 29, 1991, effective Oct. 31, 1991. Changed to 19 CSR 40-61.155, effective Dec. 9, 1993. Emergency amendment filed Aug. 18, 1993, effective Aug. 28, 1993, expired Dec. 25, 1993. Emergency amendment filed Jan. 4, 1994, effective Jan. 14, 1994, expired May 13, 1994. Amended:

Filed Aug. 18, 1993, effective April 9, 1994. Changed to 19 CSR 30- 61.155 July 30, 1998. Moved to 5 CSR 25-400.155, effective Aug. 30, 2021. Amended: Filed Oct. 7, 2021, effective May 30, 2022. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014, and

5 CSR 25-400.165 Emergency School Closings {#sec-5-csr-25-400.165 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-400.165}

PURPOSE: This rule allows one-third additional attendance of school-age children on unscheduled days of school closing.

(1) On days when schools are closed due to emergencies such as inclement weather or physical plant failure, the home may accommodate enrolled school-age children who need care.

The provider shall be permitted to exceed for the day the licensed capacity of the home by one-third (1/3). The one-third (1/3) excess attendance shall not be in addition to the one-third (1/3) excess attendance allowed for overlap care. At no time may the total number in care be more than one-third (1/3) over the licensed capacity of the home.

(2) The provider shall maintain a written record including the date of the emergency school closing, the reason for the closing and the number of children in care on that date.

(3) Emergency school closing overlap shall not be permitted for scheduled days of school closing. previously filed as 13 CSR 40-61.150, 13 CSR 40-61.165 and 19 CSR 40-61.165. Original rule filed March 29, 1991, effective Oct. 31, 1991.

Changed to 19 CSR 40-61.165, effective Dec. 9, 1993. Changed to 19 CSR 30-61.165 July 30, 1998. Moved to 5 CSR 25-400.165, effective Aug. 30, 2021.

5 CSR 25-400.175 Child Care Program {#sec-5-csr-25-400.175 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-400.175}

PURPOSE: This rule sets forth the requirements for the care of children, including supervision, emergency drills, discipline, diapering and toileting, and daily activities.

(1) Care of the Child.

(A) General Requirements.

1. Child care providers shall not leave any child without competent adult supervision.

2. The provider or an assistant personally shall admit each child upon arrival and personally shall dismiss each child upon departure. Children shall be dismissed only to the parent(s), guardian, legal custodian, or to the individual(s) approved by the parent(s), guardian, or legal custodian.

3. Caregivers shall provide frequent, direct contact so children are not routinely left unobserved on the premises.

4. Children under three (3) shall be supervised and assisted while in the bathroom.

5. Caregivers shall check on the children frequently during napping or sleeping and shall remain in close enough proximity to the children to be able to hear them if they have difficulty during napping or when they awaken. Home monitors or commercial devices marketed to reduce the risk of Sudden Infant Death Syndrome (SIDS) shall not be used in place of supervision while children are napping or sleeping.

6. If children are napped with no caregiver in the room, the door to the room cannot be closed.

7. All children shall nap on the same floor and a caregiver shall remain on the floor where children are napping at all times.

8. Preschool children who do not sleep shall rest on sleeping equipment at least thirty (30) minutes, but shall not be forced to remain on the sleeping equipment longer than one (1) hour. They shall then be permitted to leave the napping area to engage in quiet play.

9. The provider shall ensure that special attention is given on an individual basis to new children having problems adjusting, distressed children, etc. Children shall be encouraged, but not forced, to participate in group activities.

10. Children shall not be subjected to child abuse/neglect as defined by section 210.110, RSMo.

(B) Fire and Tornado Drills.

l. Fire, tornado, and other disaster drills shall meet the requirements of 19 CSR 30-61.086 Fire Safety.

(C) Discipline.

1. The provider shall establish simple, understandable rules for children’s behavior and shall explain them to the 2. Expectations for a child’s behavior shall be appropriate for the developmental level of that child.

2. Only constructive, age-appropriate methods of discipline shall be used to help children develop self-control and assume responsibility for their own actions.

3. Praise and encouragement of good behavior shall be used instead of focusing only upon unacceptable behavior.

4. Brief, supervised separation from the group may be used based on a guideline of one (1) minute of separation for each year of the child’s age.

5. Firm, positive statements or redirection of behavior shall be used with infants and toddlers.

6. Physical punishment including, but not limited to, spanking, slapping, shaking, biting, or pulling hair shall be prohibited.

7. No discipline technique which is humiliating, threatening, or frightening to children shall be used. Children shall not be shamed, ridiculed, or spoken to harshly, abusively, or with profanity.

8. Punishment or threat of punishment shall not be associated with food, rest, or toilet training.

9. Children shall not be placed in a closet, a locked or unlit room, or any other place which is frightening.

10. Children shall not be permitted to intimidate or harm others, harm themselves, or destroy property.

(D) Care of Infants and Toddlers.

1. Infants and toddlers shall have constant care and supervision.

2. The provider shall be alert to various needs of the child such as thirst, hunger, diaper change, fear of or aggression by other children, and the need for attention.

(E) Diapering and Toilet Training.

1. A safe diapering table or other approved area with a waterproof, washable surface shall be used for changing diapers. The table or area shall be cleaned thoroughly with a disinfectant after each use.

2. Diapering supplies and warm, running water shall be adjacent to the diapering area.

3. Disposable tissues or wipes shall be used to cleanse the child at each time of diapering. Any diapering creams, powders, or other products applied at the time of diapering shall be provided by the parent(s) and labeled with the child’s name.

4. The child shall not be left unattended at any time while on the diapering table or approved diapering area.

5. Diapers and wet clothing shall be changed promptly.

6. Wet or soiled diapers shall be placed in an airtight disposal container. If cloth diapers are provided by the parent(s), individual airtight plastic bags shall be used to store each soiled diaper for return each day to the parent(s).

7. Caregivers changing diapers shall wash their hands with soap and water each time after changing a child’s diaper.

8. The diapering area and handwashing area shall be separate from any food service area and any food-related materials.

9. No effort shall be made to toilet train a child until the parent(s) and provider agree on when to begin.

10. The routine for toilet training shall be discussed with the parent(s) so the same method will be used at the family day care home and the child’s home.

11. Children shall not be punished, berated, or shamed in any way for soiling his/her clothes. The parent(s) shall provide extra clothing for his/her child in case the child accidentally soils him/herself.

(2) Daily Activities for Children.

(A) A daily schedule shall be established in written form which shall include activities for all ages of children in care.

(B) Daily activities for preschool and school-age children shall include:

1. Developmentally appropriate play experiences and activities planned to meet the interests, needs, and desires of the children;

2. Individual attention and conversation with adults;

3. Indoor and outdoor play periods which provide a balance of quiet and active play, and individual and group activities. Activities shall provide some free choice experiences;

4. A total of at least one (1) hour of outdoor play for children in attendance a full day unless prevented by weather or special medical reasons (Based on wind chill factor or heat index, children shall not be exposed to either extreme element.);

5. Toilet and handwashing times;

6. Regular snack and meal times;

7. A supervised nap or rest period for preschool children after the noon meal;

8. A quiet time for school-age children after the noon meal with a cot or bed available for those who wish to nap or rest;

9. A study time for school-age children who choose to do homework, with a separate, quiet work space.

(C) Daily activities for infants and toddlers shall include:

1. Developmental and exploratory play experiences and free choices of play appropriate to the interests, needs, and desires of infants and toddlers;

2. Regular snack and meal times according to each infant’s individual feeding schedule, as stated by the parent(s);

3. Supervised “tummy time” for children under one (1) year of age to promote healthy development;

4. A supervised nap period that meets the child’s individual needs shall meet the following requirements:

A. A child under twelve (12) months of age shall be placed on his/her back to sleep;

B. An infant’s head and face shall remain uncovered during sleep;

C. Infants unable to roll from their stomachs to their backs and from their backs to their stomachs shall be placed on their backs when found face down. When infants can easily turn from their stomachs to their backs and from their backs to their stomachs, they shall be initially placed on their backs, but shall be allowed to adopt whatever positions they prefer for sleep;

D. An infant shall not be overdressed when sleeping, to avoid overheating. Infants should be dressed appropriately for the environment, with no more than one (1) layer more than an adult would wear to be comfortable in that environment;

E. When, in the opinion of the infant’s licensed health care provider, an infant requires alternative sleep positions or special sleeping arrangements that differ from those set forth in this rule, the provider shall have on file at the facility written instructions, signed by the infant’s licensed health care provider, detailing the alternative sleep positions or special sleeping arrangements for such infant. The provider and the assistant(s) shall put the infant to sleep in accordance with such written instructions;

F. Pacifiers, if used, shall not be hung around the infant’s neck. Pacifier mechanisms or pacifiers that attach to infant clothing shall not be used with sleeping infants;

G. After awakening, an infant may remain in the crib as long as s/he is content, but never for periods longer than thirty (30) minutes; and H. Toddlers shall be taken out of bed for other activities when they awaken;

5. Individual attention and play with adults, including holding, cuddling, talking, and singing;

6. Opportunities for sensory stimulation which includes visual stimulation through pictures, books, toys, nonverbal communication, games, and the like; auditory stimulation through verbal communication, music, toys, games, and the like; and tactile stimulation through surfaces, fabrics, toys, games, and the like;

7. Encouragement in the development of motor skills by providing opportunities for supervised “tummy time,” reaching, grasping, pulling up, creeping, crawling, and walking; and 8. Opportunity for outdoor play when weather permits.

rule previously filed as 13 CSR 40-61.160, 13 CSR 40-61.175, and 19 CSR 40-61.175. Original rule filed March 29, 1991, effective Oct. 31, 1991. Changed to 19 CSR 40-61.175, effective Dec. 9, 1993. Changed to 19 CSR 30-61.175 July 30, 1998. Amended: Filed Feb. 18, 1999, effective Sept. 30, 1999. Amended: Filed Jan. 28, 2011, effective July 30, 2011. Emergency amendment filed Nov. 10, 2015, effective Nov. 20, 2015, expired May 17, 2016. Amended: Filed Nov. 10, 2015, effective April 30, 2016. Moved to 5 CSR 25-400.175, effective Aug. *Original authority: 210.221, RSMo 1949, amended 1955, 1987, 1993, 1995, 1999, 2015 and 210.223, RSMo 2015.

5 CSR 25-400.185 Health Care {#sec-5-csr-25-400.185 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-400.185}

PURPOSE: This rule outlines the requirements for reporting communicable diseases, caring for a child when ill, medication, emergency care and handwashing.

(1) General Requirements. The provider shall report to the local health department if any child in the facility is suspected of having a reportable disease as defined by section 210.003, RSMo. In the event of an outbreak of communicable disease in the facility, caregivers shall implement control measures recommended by a local or state health authority as required by the department.

(2) The Ill Child.

(A) Each child shall be observed for contagious diseases and for other signs of illness on arrival and throughout the day.

(B) Each child’s parent(s) shall be notified immediately when any contagious disease occurs in the home.

(C) Unusual behavior shall be monitored closely and parents shall be contacted if the behavior continues or if other symptoms develop. These behaviors include, but shall not be limited to:

(3/31/21) John R. Ashcroft 1. Is cranky or less active than usual;

2. Cries more than usual;

3. Feels general discomfort or seems unwell; or 4. Has loss of appetite.

(D) The parent(s) or his/her designee shall be contacted when signs of illness are observed. Unless determined otherwise by the parent(s) or provider, a child with no more than one (1) of the following symptoms may remain in care:

1. A child with a temperature of up to one hundred degrees Fahrenheit (100°F) by mouth or ninety-nine degrees Fahrenheit (99°F) under the arm;

2. After an illness has been evaluated by a physician, medication has been prescribed and any period of contagion has passed as determined by a licensed physician;

3. When it has been determined that a child has a common cold unless the provider and the parent(s) agree that isolation precautions should be taken;

4. When a child has vomited once with no further vomiting episodes, other symptoms, or both; or 5. When a child has experienced loose stools only one (1) time with no further problems or symptoms.

(E) If children exhibit any of the following symptoms, they must be sent home:

1. Diarrhea—more than one (1) abnormally loose stool.

If a child has one (1) loose stool, s/he shall be observed for additional loose stools or other symptoms;

2. Severe coughing—if the child gets red or blue in the face or makes high-pitched croupy or whooping sounds after coughing;

3. Difficult or rapid breathing (especially important in infants under six (6) months);

4. Yellowish skin or eyes;

5. Pinkeye—tears, redness of eyelid lining, irritation, followed by swelling or discharge of pus;

6. Unusual spots or rashes;

7. Sore throat or trouble swallowing;

8. An infected skin patch(es)—crusty, bright yellow, dry or gummy areas of the skin;

9. Unusually dark, tea-colored urine;

10. Grey or white stool;

11. Fever over one hundred degrees Fahrenheit (100°F) by mouth or ninety-nine degrees Fahrenheit (99°F) under the arm;

12. Headache and stiff neck;

13. Vomiting more than once; and 14. Severe itching of the body or scalp, or scratching of the scalp. These may be symptoms of lice or scabies.

(F) Parental contact and the decision made shall be recorded and filed in the child’s record.

(G) The ill child shall be kept isolated from the other children until the parent(s) arrives.

(H) The caregiver shall be in close proximity to the child until the parent(s) arrives. Close proximity means that a caregiver is close enough to hear any sounds a child might make that would indicate a need for assistance.

(3) Medication.

(A) The provider is not required to administer medication but may choose to do so.

(B) All medication shall be given to a child only with the dated, written permission of the parent(s) stating the length of time the medication may be given.

(C) Prescription medication shall be in the original container and labeled with the child’s name, instructions for administration, including the times and amounts for dosages and the physician’s name. This may include sample medication provided by a physician.

(D) All nonprescription medication shall be in the original container and labeled by the parent(s) with the child’s name and instructions for administration, including the times and amounts for dosages.

(E) All medication shall be stored out of reach of children or in a locked container.

(F) Medication shall be returned to storage immediately after use.

(G) Medication needing refrigeration shall be kept in the refrigerator in a container separate from food.

(H) Medication shall be returned to the parent(s) or disposed of immediately when no longer needed.

(I) The date and time(s) of administration, the name of the individual giving the medication and the quantity of any medication given shall be recorded promptly after administration. This information shall be filed in the child’s record after the medication is no longer necessary.

(4) Immunizations.

(A) No child shall be permitted to enroll in or attend any day care facility caring for ten (10) or more children unless the child has been adequately immunized against vaccine-preventable childhood illnesses specified by the department in accordance with recommendations of the Immunization Practices Advisory Committee (ACIP). The parent or guardian of the child shall provide satisfactory evidence of the required immunizations.

Satisfactory evidence means a statement, certificate or record from a physician or other recognized health facility or personnel, stating that the required immunizations have been given to the child and verifying the type of vaccine and the month, day and year of administration.

(B) A child who has not completed all immunizations appropriate for his/her age may enroll, if— 1. Satisfactory evidence is produced that the child has begun the process of immunization. The child may continue to attend as long as the immunization process is being accomplished according to the ACIP/Missouri Department of Health recommended schedule; or 2. The parent(s) or guardian has signed and placed on file with the day care administrator a statement of exemption which may be either of the following:

A. A medical exemption by which the child shall be exempted from immunization requirements upon certification by a licensed physician that the immunization would seriously endanger the child’s health or life; or B. A parent or guardian exemption by which a child shall be exempted from immunization requirements if one (1) parent or guardian files a written objection to immunization with the day care administrator. Exemptions shall be accepted by the day care administrator when the necessary information as determined by the department is filed with the day care administrator by the parent or guardian. Exemption forms shall be provided by the department.

(C) In the event of an outbreak or suspected outbreak of a vaccine-preventable disease in the facility, the administrator of the facility shall follow the control measures instituted by the local health authority or the department, or both, the local health authority and the department.

(D) The administrator of each day care facility shall prepare a record of immunization of each child enrolled in or attending the facility. An annual summary report shall be made by January 15 showing the immunization status of each child enrolled, using forms provided by the department. The immunization records shall be available for review by department personnel upon request. (5) Accidents, Injuries and Emergency Medical Care.

(A) In case of accident or injury to a child, the provider shall notify the parent’s immediately. If the child requires emergency medical care, the provider shall follow the parent’s written instructions.

(B) Information regarding the date and circumstance of any accident or injury shall be noted in the child’s record.

(C) When planning for activities away from the home, the provider shall establish a procedure for handling emergencies.

(6) Handwashing.

(A) Caregivers shall wash their hands with soap and running water after toileting or assisting a child with toileting, after diapering a child, before food preparation or serving of food and at other times as needed.

(B) Caregivers shall teach children to wash their hands before eating and after toileting.

(4/30/22) JOHN R. ASHCROFT

(4/30/22) JOHN R. ASHCROFT previously filed as 13 CSR 40-61.185 and 19 CSR 40-61.185. Original

rule filed March 29, 1991, effective Oct. 31, 1991. Changed to 19 CSR 40-61.185, effective Dec. 9, 1993. Emergency amendment filed Aug. amendment filed Jan. 4, 1994, effective Jan. 14, 1994, expired May 13, 1994. Amended: Filed Aug. 18, 1993, effective April 9, 1994.

Changed to 19 CSR 30-61.185 July 30, 1998. Moved to 5 CSR 25- 400.185, effective Aug. 30, 2021.

5 CSR 25-400.190 Nutrition and Food Service {#sec-5-csr-25-400.190 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-400.190}

PURPOSE: This rule provides the requirements for nutritious meals, snacks and methods of food service.

(1) General Requirements.

(A) The provider shall supply and serve nourishing food according to the Meal and Snack Food Chart provided in this

rule.

(B) The required meal schedule shall include breakfast or a midmorning snack, lunch and a midafternoon snack for children in care during daytime hours, with a maximum time of four (4) hours between any meal or snack. School-age children shall be served a snack after school.

(C) Children in care during evening hours shall be served a snack. Upon parental request, children in care during evening hours shall be served supper and children spending the night shall be served breakfast.

(D) Snacks of fruit juice, raw fruit or vegetable, milk, crackers, cheese, peanut butter or similar nutritious food shall be served.

(E) One (1) serving of fluid milk shall be served with each meal.

(F) If the home is licensed exclusively for school-age care, the child may be permitted to bring sack meals. The provider shall supply one (1) serving of fluid milk with each sack meal and shall supply nutritious snacks.

(G) The acceptable food components and serving sizes for meals and snacks are outlined in the following chart for each age group. Menus and amounts served shall be based on this chart.

Meal and Snack Food Chart Age Age Age Food Components 1 and 2 3 through 5 6 through 12 BREAKFAST Requirements— Fluid Milk*** 1/2 cup 3/4 cup 1 cup Juiceor Fruit or Vegeable 1/4 cup 1/2 cup 1/2 cup 1 serving from each of the Bread or Bread 3 food components Alternate* 1/2 slice* 1/2 slice* 1 slice* SNACK Requirement— Fluid Milk* 1/2 cup 1/2 cup 1 cup 2 servings Juiceor Fruit or selected from 2 Vegetable 1/2 cup 1/2 cup 3/4 cup of the 4 components Meat or Meat Alternate 1/2 ounce 1/2 ounce 1 ounce 1 serving from the Bread or Bread bred component Alternate 1/2 slice* 1/2 slice* 1 slice* LUNCH/SUPPER Requirements— 1 serving of Fluid Milk* 1/2 cup 3/4 cup 1 cup milk component MEAT/MEAT ALTERNATE Meat, Poultry, or 1 ounce 1 1/2 ounce 2 ounces Fish or 1 serving from Cheese or 1 ounce 1 1/2 ounce 2 ounces the meat/meat a Egg or 1 1 1 alternate component Cooked Dry Beans 1/4 cup 3/8 cup 1/2 cup and Peas or Peanut Butter 2 tablespoons 3 tablespoons 4 tablespoons FRUIT/VEGETABLE 2 servings from 1 Vegetable and 1/4 cup total 1/2 cup total 3/4 cup total the fruit/vegetable 1 Fruit or component 2 Different Vegetables or 2 Different Fruits 1 serving bread or 1/2 slice* 1/2 slice* 1 slice bread alternate from the bread component *Or an equivalent serving of an acceptable bread alternate such as cornbread, biscuits, rolls, muffins, cereal, rice pasta and the like **All fruit juices shall be one hundred percent (100%) fruit juice. ***See subsection (1)(H) for acceptable milk supply (H) The water and milk supply shall be approved by local and state health authorities, or both. Powdered milk shall not be used except for cooking purposes. Milk substitutes shall not be used for drinking or cooking.

(I) State or local rules, or both, governing food service sanitation shall be maintained in the storage, preparation and service of foods.

(J) Mealtime atmosphere shall be enjoyable and relaxed. No child shall be forced to eat, but shall be encouraged to set his/ her own pace according to personal preferences.

(K) Menus shall be available to parents upon request.

(L) Drinking water shall be conveniently located near playrooms so children may be free to drink as they wish. Water fountains or individual cups shall be used.

(2) Nutrition and Food Service for Infants Up to Twelve (12)

Months of Age.

(A) The provider shall serve nourishing foods appropriate for the infant’s individual nutritional requirements and developmental stages as specified by his/her parent(s).

(B) If preferred, formulas and special baby foods may be provided by the parent(s) with individual identification on each container.

(C) Until infants can hold a bottle comfortably, they shall be held by a caregiver during bottle feeding. Bottles shall not be propped.

(D) When an infant/toddler shows evidence of wanting to feed him/herself, the child shall be encouraged and permitted to do so.

Changed to 19 CSR 40-61.190, effective Dec. 9, 1993. Changed to 19 CSR 30-61.190 July 30, 1998. Moved to 5 CSR 25-400.190, effective Aug. 30, 2021.

History

• AUTHORITY: section 210.221.1(3), RSMo Supp. 1993. This rule was previously filed as 13 CSR 40-61.170, 13 CSR 40-61.190 and 19 CSR 40-61.190. Original rule filed March 29, 1991, effective Oct. 31, 1991.

5 CSR 25-400.200 Transportation and Field Trips {#sec-5-csr-25-400.200 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-400.200}

PURPOSE: This rule sets forth the requirements of a day care provider when transporting children and on field trips.

(1) General Requirements.

(A) The provider shall be responsible for the care, safety and supervision of children on field trips or at any time they transport children away from the family day care home.

(B) Written parental consent shall be on file at the home for field trips and transportation.

(C) Parents shall be informed when field trips are planned.

(D) Short, unscheduled walks may be taken without parental notification. These unscheduled outings shall be discussed with the parent(s) at the time of enrollment.

(2) Vehicle and Vehicle Operator.

(A) The driver of any vehicle used to transport children shall be no less than eighteen (18) years of age and shall have a valid driver’s license as required by Missouri law.

(B) All vehicles used to transport children shall be licensed in accordance with Missouri law.

(C) Children shall not be transported in campers, trailers or in the back of trucks.

(3) Safety and Supervision.

(A) All children shall be seated in a permanent seat and restrained by seat belts or child restraint devices as required by Missouri law.

(B) Identifying information regarding the name of the provider, the names of the children and the names, addresses and telephone numbers of each child’s parent(s) shall be carried in the vehicle.

(C) Staff/child ratios shall be maintained at any time the provider transports children away from the home.

(D) Children shall be required to remain seated while the vehicle is in motion.

(E) Doors shall be locked when the vehicle is moving.

(F) Order shall be maintained in the vehicle at all times.

(G) Children shall not be left unattended in a vehicle at any time.

(H) Children shall enter and leave the vehicle from the curbside unless the vehicle is in a protected area or driveway.

(I) Children shall be assisted, when necessary, while entering or leaving the vehicle.

(J) Children shall be released only to the parent(s) or individual(s) authorized by the parent(s).

(K) The operator of the vehicle shall wait until the child is in the custody of the parent(s) or individual(s) authorized by the parent(s) to receive the child.

(L) Head counts shall be taken before leaving the home, after entering the vehicle, during a field trip, after taking the children to bathrooms, after returning to the vehicle and when back at the home.

(M) When children leave the vehicle, the vehicle shall be inspected to ensure that no children are left on or under seats. was previously filed as 13 CSR 40-61.200 and 19 CSR 40-61.200. to 19 CSR 40-61.200, effective Dec. 9, 1993. Changed to 19 CSR 30- 61.200 July 30, 1998. Moved to 5 CSR 25-400.200, effective Aug.

5 CSR 25-400.210 Records and Reports {#sec-5-csr-25-400.210 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-400.210}

PURPOSE: This rule lists records and reports which must be on file at the facility.

(1) The child care provider shall maintain accurate records to meet administrative requirements and to ensure knowledge of the individual needs of children and their families.

(2) An individual file shall be kept to identify each child and to enable the provider to communicate with the parent(s), guardian, or legal custodian of the child in an emergency.

Records shall include:

(A) The child’s full name, address, birthdate, and the date care begins and ends;

(B) Full name of the parent(s), guardian or legal custodian, home address, employers’ name and address, work schedule, and home and work telephone numbers;

(C) Name, address, and telephone number of another individual (friend or relative) who might be reached in an emergency when the parent(s), guardian, or legal custodian cannot be reached;

(D) Name and phone number of the family physician, or hospital, or both, to be used in an emergency;

(E) Name of the individual(s) authorized to take the child from the home; and (F) Field trip and transportation authorization.

(3) Health information shall be retained in each child’s individual file and shall include:

(A) A medical examination report for each infant, toddler, or preschool child or a health report for each school-age child as required by 5 CSR 25-400.125 Medical Examination Reports;

(B) Written parental authorization for medications and a record of medications administered;

(C) Information concerning any accident or injury to the child while at the family child care home or any emergency medical care; and (D) Any significant information learned from observing the child.

(4) Individual children’s records shall be retained a minimum of one (1) year after the child discontinues attendance.

(5) Daily child attendance records shall be maintained and kept on file a minimum of one (1) year.

(6) Daily attendance records for all caregivers shall be maintained and kept on file a minimum of one (1) year.

(7) All enrollment records, medical examination records, and attendance records shall be filed in a place known to caregivers and shall be accessible at all times. Records shall not be in a locked area or removed from the home during the hours the home is open and operating.

(8) A copy of qualifying background screening results shall be kept on file for child care staff members, as required by 5 CSR 25-600.020 General Requirements.

(9) All records of children shall be confidential, protected from unauthorized examination, and available to parents upon request.

(10) All records shall be available in the home for inspection by the department upon request.

(11) Records and reports shall be submitted to the department as required.

rule filed March 29, 1991, effective Oct. 31, 1991. Changed to 19 CSR 40-61.210, effective Dec. 9, 1993. Emergency amendment filed Aug. amendment filed Jan. 4, 1994, effective Jan. 14, 1994, expired May 13, 1994. Amended: Filed Aug. 18, 1993, effective April 9, 1994.

Changed to 19 CSR 30-61.210 July 30, 1998. Amended: Filed Feb. 18, 1999, effective Sept. 30, 1999. Emergency amendment filed Feb. 15, 2019, effective Feb. 25, 2019, expired Aug. 23, 2019. Amended: Filed Feb. 15, 2019, effective Aug. 30, 2019. Moved to 5 CSR 25-400.210, effective Aug. 30, 2021. Amended: Filed Oct. 7, 2021, effective May 30, 2022. 210.221.1(3), RSMo 1949, amended 1955, 1987, 1993, 1995, 1999, 2015, 2019, 2020; and 210.1080, RSMo 2018, amended 2019, 2020.

History

• AUTHORITY: section 161.092, RSMo 2016, and sections 210.221.1(3) and 210.1080, RSMo Supp. 2021. This rule previously filed as 13 CSR 40-61.180, 13 CSR 40-61.210, and 19 CSR 40-61.210. Original

5 CSR 25-400.220 Variance Request {#sec-5-csr-25-400.220 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-400.220}

PURPOSE: This rule explains how a provider may request a variance from the rules of this chapter.

(1) Any provider may request a variance from a rule. The request for a variance shall be submitted in writing to the department and shall include the rule(s) for which a variance is requested and the reason(s) the provider requests the variance.

The department shall approve any variance request that does not endanger the health or safety of the children served by the facility.

(2) If a variance request is not approved by the department, the provider shall be advised in writing of the basis for the denial. The provider may request a review of the decision by the commissioner within thirty (30) calendar days of receipt of notification of the denial. The commissioner or designee shall have fifteen (15) business days to make the final determination on the variance request. That determination is subject to

Chapter 536, RSMo, review for licensed facilities.

RSMo Supp. 2021.* This rule previously filed as 19 CSR 40-61.220.

Emergency rule filed Aug. 27, 1993, effective Sept. 5, 1993, expired Jan. 2, 1994. Emergency rule filed Jan. 4, 1994, effective Jan. 14, 1994, expired May 13, 1994. Original rule filed Aug. 27, 1993, effective April 9, 1994. Changed to 19 CSR 30-61.220 July 30, 1998.

Moved to 5 CSR 25-400.220, effective Aug. 30, 2021. Amended:

Filed Oct. 7, 2021, effective May 30, 2022. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014, and

Chapter 500 Licensing Rules for Group Child Care Homes and Child Care Centers

5 CSR 25-500.082 Physical Requirements of Group Day Care Homes and Day Care {#sec-5-csr-25-500.082 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-500.082}

5 CSR 25-500.222 Records and Reports. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 SECONDARY EDUCATION Care Homes and Child Care Centers {#sec-5-csr-25-500.222 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-500.222}

5 CSR 25-500.010 Definitions {#sec-5-csr-25-500.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-500.010}

PURPOSE: This rule defines the terms used in the licensing rules for group day care homes and child day care centers.

(1) Adult is any individual eighteen (18) years of age or older.

(2) Caregiver is the child care provider or other child care staff member and also includes a Junior Aide for group child care homes and child care centers. A Junior Aide is an individual sixteen (16) or seventeen (17) years of age.

(3) Child care or day care is care of a child away from his/ her own home for any part of the twenty-four- (24-) hour day for compensation or otherwise. Child care or day care is a voluntary supplement to parental responsibility for the child’s protection, development, and supervision.

(4) A child care center or center, whether owned by a sole proprietor or other legal entity, is a child care program conducted in a location other than the provider’s permanent residence, or separate from the provider’s living quarters, where care is provided for children for any part of the twentyfour- (24-) hour day.

(5) A child care facility or facility is a family child care home, group child care home, or child care center.

(6) Child care provider, group child care home provider, or provider is the adult person(s) licensed or required to be licensed under section 210.211, RSMo, in order to establish, conduct, or maintain a child care facility. This person(s) shall have the following rights and responsibilities as determined by the department:

(A) Ultimate responsibility for making and implementing decisions regarding the operation of the facility; and (B) Ultimate financial control of the operation of the facility.

(7) A child care staff member is a child care provider; persons employed by the child care provider for compensation, including contract employees or self-employed individuals; individuals or volunteers whose activities involve the care or supervision of children for a child care provider or unsupervised access to children who are cared for or supervised by a child care provider; individuals residing in a family child care home who are eighteen (18) years of age and older; or individuals residing in a family child care home who are under eighteen (18) years of age and have been certified as an adult for the commission of an offense.

(8) Commissioner is the Commissioner of Education for the Missouri Department of Elementary and Secondary Education.

(9) Department is the Missouri Department of Elementary and Secondary Education.

(10) A family child care home or home, whether owned by a sole proprietor or other legal entity, is a child care program where care is given by a person licensed as a child care home provider for no more than ten (10) children for any part of the twenty-four- (24-) hour day. The provider may be licensed to operate no more than one (1) family child care home or group child care home.

(11) A group child care home, whether owned by a sole proprietor or other legal entity, is a child care program where care is given by a person licensed as a group child care home provider for not more than twenty (20) children for any part of the twenty-four- (24-) hour day. A group child care home shall be in a location other than the provider’s permanent residence or separate from the provider’s living quarters. The provider may be licensed to operate no more than one (1) group child care home or family child care home.

(12) Group size is the maximum number of children assigned to a specific staff member or group of staff members, occupying an individual classroom or well-defined physical space within a large room.

(13) Homeless children and youths— (A) Are individuals who lack a fixed, regular, and adequate nighttime residence; and (B) Include— 1. Children and youths who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; or are abandoned in hospitals;

2. Children and youths who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings;

3. Children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and 4. Migratory children who qualify as homeless because the children are living in the circumstances described above.

(14) Infant is any child under twelve (12) months of age.

(15) Legal entity is the lawful or legally standing individual, corporation, sole proprietorship, general partnership, limited partnership, limited liability partnership, limited liability company, limited liability limited partnership, partnership, charity, and other forms of organization that has the legal capacity to enter into agreements, contracts, assume obligations, incur and pay debts, sue and be sued in its own right, and that is accountable for illegal activities.

(16) Licensee is an individual or other legal entity who has been granted a child care license by the Department of Elementary and Secondary Education.

(17) Night is the part of the twenty-four- (24-) hour day between 9:00 p.m. and 6:00 a.m.

(18) Parent means a child’s biological parent whose parental rights have not been terminated, a step-parent, an adoptive parent, a legal guardian, a caretaker relative, or other person standing in loco parentis for the child.

(19) Premises is a house(s), dwelling(s), or building(s) and its adjoining land.

(20) Preschool child is any child two through five (2–5) years of age who is not in kindergarten.

(21) A religious organization is— (A) A church, synagogue, or mosque;

(B) An entity that qualifies for federal tax exemption status as a not-for-profit religious organization under Section 501(c)(3) of the Internal Revenue Code; or (C) An entity whose real estate on which the child care facility is located is exempt from taxation because it is used for religious purposes.

(22) School-age child is any child five (5) years of age or older who is in kindergarten or above.

(23) Staff/child ratio is the number of caregivers required in relation to the number of children in care.

(24) Toddler is any child twelve to twenty-four (12–24) months of age.

RSMo Supp. 2023.* This rule previously filed as 13 CSR 40-62.010 and 19 CSR 40-62.010. Original rule filed in 1956. Amended: Filed Dec. 19, 1975, effective Jan. 1, 1976. Amended: Filed Dec. 14, 1976, effective March 11, 1977. Rescinded: Filed April 13, 1982, effective Aug. 31, 1982. Readopted: Filed April 13, 1982, effective Sept. 1, 1982.

Amended: Filed March 14, 1985, effective Aug. 11, 1985. Amended:

Filed Oct. 7, 1987, effective March 25, 1988. Rescinded and readopted: Filed March 29, 1991, effective Oct. 31, 1991. Changed to 19 CSR 40-62.010, effective Dec. 9, 1993. Emergency amendment 9, 1994. Changed to 19 CSR 30-62.010 July 30, 1998. Amended: Filed Aug. 31, 2020, effective Feb. 28, 2021. Moved to 5 CSR 25-500.010, effective Aug. 30, 2021. Amended: Filed Oct. 12, 2021, effective May 30, 2022. Amended: Filed June 14, 2023, effective Jan. 30, 2024. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014, and 210.221.1(3), RSMo 1949, amended 1955, 1987, 1993, 1995, 1999, 2015, 2019, 2020, 2022.

5 CSR 25-500.022 Exemption of Day Care Facilities {#sec-5-csr-25-500.022 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-500.022}

(Rescinded May 30, 2022)

Changed to 19 CSR 40-62.022, effective Dec. 9, 1993. Emergency amendment filed Aug. 18, 1993, effective Aug. 28, 1993, expired Dec. 25, 1993. Emergency amendment filed Jan. 4, 1994, effective Jan. 14, 1994, expired May 13, 1994. Amended: Filed Aug. 18, 1993, effective April 9, 1994. Changed to 19 CSR 30-62.022 July 30, 1998.

Moved to 5 CSR 25-500.022, effective Aug. 30, 2021. Rescinded:

Filed Oct. 12, 2021, effective May 30, 2022.

History

• AUTHORITY: sections 210.211.1(3), RSMo Supp. 1993. This rule previously filed as 13 CSR 40-62.035, 13 CSR 40-62.022, and 19 CSR 40-62.022. Original rule filed March 29, 1991, effective Oct. 31, 1991.

5 CSR 25-500.032 Organization and Administration {#sec-5-csr-25-500.032 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-500.032}

PURPOSE: This rule defines the requirements for the organization and administration of group day care homes and child day care centers.

(1) Each child care facility shall be organized according to written policies and procedures which clearly establish job responsibilities and lines of administrative authority.

(2) If a group child care home is owned by a legal entity, the legal entity shall designate a person to be responsible for the daily operation of the facility and to meet the requirements of the group child care home provider. The department shall be notified in writing immediately if there is a change of the person designated to be responsible for the daily operation of the facility and to meet the requirements of the group child care home provider.

(3) When the responsibility for the operation of a facility rests with a board of directors, the department shall be notified in writing immediately if there is a change of the board president or chairperson.

(4) The person(s) or legal entity who owns a child care facility shall be responsible for meeting all debts and obligations incurred by the facility and for maintaining compliance with all licensing rules for group child care homes and child care centers.

(5) When a nonreligious organization, having as its principal

purpose the provision of child care services, enters into an arrangement with a well-known religious order to provide continuing assistance in the maintenance or operation of a child care facility, the facility is not under the exclusive control of the well-known religious order and does not qualify for exemption from licensure under section 210.211.1(17), RSMo.

(6) If the person(s) operating the facility claims exemption from licensure, s/he shall file all information requested by the department to make a determination of exemption prior to opening. Facilities may waive the right to apply for exemption and request voluntary licensure. These facilities shall comply with all licensing rules.

RSMo Supp. 2021.* This rule previously filed as 13 CSR 40-62.061, 13 CSR 40-62.032, and 19 CSR 40-62.032. Original rule filed March 29, 1991, effective Oct. 31, 1991. Changed to 19 CSR 40-62.032, effective Dec. 9, 1993. Changed to 19 CSR 30-62.032 July 30, 1998 Emergency amendment filed Feb. 15, 2019, effective Feb. 25, 2019, expired Aug. 23, 2019. Amended: Filed Feb. 15, 2019, effective Aug. 30, 2019.

Moved to 5 CSR 25-500.032, effective Aug. 30, 2021. Amended: Filed Oct. 12, 2021, effective May 30, 2022. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014, and

5 CSR 25-500.042 Licensing Process {#sec-5-csr-25-500.042 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-500.042}

PURPOSE: This rule describes the procedures for application for licensure, the licensing investigation, and provisions for continued licensing investigations after the initial license is granted.

(1) An applicant shall complete the licensing orientation available on the department’s website to learn about the licensing process and rules.

(2) Upon receipt of a completed Application for License to Operate a Child Care Facility form, a licensing inspection shall be made. See Application for License to Operate a Child Care Facility form, revised 2021, and incorporated by reference in this rule as published by the Missouri Department of Elementary and Secondary Education, PO Box 480, Jefferson City, MO 65102-0480 and available by the department at https:// dese.mo.gov/childhood/forms. This rule does not incorporate any subsequent amendment or additions. If licensing rules are not met within six (6) months, the application shall be void and another application shall be filed.

(3) The licensing process shall include an inspection of the entire premises of the facility by the licensing representative.

(4) Prior to the granting of a license, the following shall be submitted by the applicant:

(A) A sketch or diagram of the facility showing the arrangement of the rooms, including the location of toilet and handwashing facilities, the kitchen, the office, and the doors.

The licensing representative and the applicant shall measure the facility jointly;

(B) A sketch or diagram of the outdoor play area and placement of equipment. The licensing representative and the applicant shall measure the area jointly;

(C) Written policies provided to parents shall include:

1. Program goals;

2. Admission, care, and discharge of children;

3. Narrative description of child care practices and concepts; and 4. Discipline and guidance policies;

(D) A schedule of daily activities for each age group in care (infant/toddler, preschool, and school-age);

(E) A sample weekly menu;

(F) An itemized list of available materials and equipment to be used by children;

(G) A staff sheet;

(H) A written disaster and emergency plan;

(I) Lines of administrative authority;

(J) Sample forms used, other than those supplied by the department;

(K) Evidence of compliance with local or state, or both, sanitation requirements;

(L) Evidence of compliance, if applicable, with local building and zoning requirements;

(M) Documentation as required by the Missouri Secretary of State and state law to verify the legal entity is in good standing if a group child care home or child care center is owned by a legal entity;

(N) Written policies and procedures which clearly establish job responsibilities for the director or group home provider;

(O) Official verification of the center director or group child care home provider’s education and experience;

(P) A written safe sleep policy, if the facility’s application includes children under twelve (12) months of age in the requested age range; and (Q) Other information required by the department to make a determination regarding licensure of the facility.

(5) Prior to the granting of a license, the provider shall meet the requirements of 5 CSR 25-500.087 Fire Safety.

(6) Medical examination reports for all adults working in the facility, as required by 5 CSR 25-500.122 Medical Examination Reports, shall be on file at the facility and available for review.

(7) Medical examination reports shall be on file at the facility within thirty (30) days following the admission of each infant, toddler, or preschool child as required by 5 CSR 25-500.122 Medical Examination Reports. A health report for school-age children shall be on file as required by 5 CSR 25-500.122.

(8) Enrollment information for each child shall be on file at the facility as required by 5 CSR 25-500.132 Admission Policies and Procedures.

(9) The child care provider and child care staff members, as defined by 5 CSR 25-600.010 Definitions, shall have qualifying background screening results on file as required by 5 CSR 25- 600.020 General Requirements, prior to initial issuance of the license.

(10) Background screening information received by the provider shall be retained in the individual’s file in a confidential manner and available for review.

(11) Prior to the granting of a license, the facility shall be in compliance with state statutes and licensing rules for group child care homes and child care centers.

(12) Once granted, the license shall be posted near the entrance of the facility where it may be seen easily by parents or others who visit.

(13) The name(s), address(es), and telephone number(s) shall be posted prominently near the license for all of the following, as applicable:

(A) The child care provider(s);

(B) Facility owner(s);

(C) Board president or chairperson; or (D) All manager(s) and/or member(s).

(14) The license shall not be transferable and shall apply only to the person(s) and address shown on the license.

(15) The license shall be the property of the department and shall be subject to discipline by the director upon failure of the provider to comply with state statutes and/or licensing rules for group child care homes and child care centers.

(16) If a facility’s license is revoked or denied due to failure to comply with state statutes and/or licensing rules, the department shall not accept a subsequent application from the provider for that facility within twelve (12) months after the effective date of revocation or denial, or within twelve (12) months after all appeal rights have been exhausted, whichever is later.

(17) The license shall become null and void if— (A) Revoked;

(B) The owner closes the facility;

(C) The facility changes ownership; or (D) In the case of licenses not held by legal entities, the death of the licensee(s).

(18) The number and ages of children a group child care home or child care center is authorized to have in care at any one (1) time shall be specified on the license and shall not be exceeded except as permitted within these rules.

(19) All child care provided on the premises of a licensed group child care home or child care center shall be in compliance with the licensing rules, the conditions specified on the license, and the conditions of any variances granted to the licensee.

(20) The provider shall permit the department access to the facility, premises, and records during all inspections.

(21) The provider shall not deny a child admission to, or the benefits of, any program provided by the group child care home or child care center on the basis of race, sex, religion, or national origin. and 210.1080, RSMo Supp. 2021.* This rule previously filed as 13 CSR 40-62.021, 13 CSR 40-62.042, and 19 CSR 40-62.042. Original

rule filed March 29, 1991, effective Oct. 31, 1991. Changed to 19 CSR 40-62.042, effective Dec. 9, 1992. Emergency amendment 9, 1994. Amended: Filed Sept. 12, 1995, effective March 30, 1996.

Changed to 19 CSR 30-62.042 July 30, 1998. Amended: Filed Feb. 18, 1999, effective Sept. 30, 1999. Emergency amendment filed Feb. 15, 2019, effective Feb. 25, 2019, expired Aug. 23, 2019. Amended:

Filed Feb. 15, 2019, effective Aug. 30, 2019. Amended: Filed Aug. 31, 2020, effective Feb. 28, 2021. Moved to 5 CSR 25-500.042, effective Aug. 30, 2021. Amended: Filed Oct. 12, 2021, effective May 30, 2022. 210.221.1(3), RSMo 1949, amended 1955, 1987, 1993, 1995, 1999, 2015, 2019, 2020; and 210.1080, RSMo 2018, amended 2019, 2020.

5 CSR 25-500.052 Annual Requirements {#sec-5-csr-25-500.052 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-500.052}

PURPOSE: This rule defines the procedures for license renewal.

(1) The provider shall submit the following to the department on an annual basis, at least thirty (30) calendar days prior to the anniversary date as printed on the license:

(A) An Annual Declaration for Licensed Facility form, revised 2021 and incorporated by reference in this rule as published by the Missouri Department of Elementary and Secondary Education, PO Box 480, Jefferson City, MO 65102-0480 and available by the department at https://dese.mo.gov/childhood/ forms, indicating the licensee’s intent to continue operating a licensed group child care home or child care center and agreement to comply with all statutes and department licensing rules. This rule does not incorporate any subsequent amendments or additions;

(B) Evidence of compliance with local building and zoning requirements, if applicable;

(C) A current list of available equipment; and (D) A current staff sheet.

(2) The provider shall have the following on file and available for review:

(A) Evidence of compliance with a fire and safety inspection as conducted by the State Fire Marshal or his/her designee;

(B) Evidence of compliance with local, state, or both, sanitation requirements;

(C) The child care provider shall conduct a Family Care Safety Registry check for all child care staff members within thirty (30) days prior to the anniversary date as printed on the license;

(D) Documentation as required by the Missouri Secretary of State and state law to verify the legal entity is in good standing, if a group child care home or child care center is owned by a legal entity. and 210.252.5, RSMo Supp. 2021.* This rule previously filed as 13 CSR 40-62.031, 13 CSR 40-62.052, and 19 CSR 40-62.052. Original 40-62.052, effective Dec. 9, 1993. Changed to 19 CSR 30-62.052 July 30, 1998. Amended: Filed Feb. 18, 1999, effective Sept. 30, 1999.

Emergency amendment filed Feb. 15, 2019, effective Feb. 25, 2019, expired Aug. 23, 2019. Amended: Filed Feb. 15, 2019, effective Aug. 30, 2019. Emergency amendment filed Aug. 31, 2020, effective Sept. 15, 2020, expired March 13, 2021. Amended: Filed Aug. 31, 2020, effective Feb. 28, 2021. Moved to 5 CSR 25-500.052, effective Aug. 30, 2021. Amended: Filed Oct. 12, 2021, effective May 30, 2022. 210.221.1(3), RSMo 1949, amended 1955, 1987, 1993, 1995, 1999, 2015, 2019, 2020; and 210.252, RSMo 1993, amended 1999, 2019, 2020, 2021.

5 CSR 25-500.082 Physical Requirements of Group Day Care Homes and Day Care Centers {#sec-5-csr-25-500.082 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-500.082}

PURPOSE: This rule sets forth the requirements for the physical plant and indoor and outdoor space.

(1) General Requirements.

(A) The premises shall be safe and suitable for the care of children.

(B) The premises shall conform to the fire and safety requirements of the State Fire Marshal or his/her designee and requirements for state or local zoning, building and sanitation.

(C) Children shall have no access to areas not approved for child care.

(D) Stairways in approved child care space shall be welllighted and free of obstructions. Stairways in approved child care space having more than three (3) steps shall have a handrail the children can reach.

(E) Porches, decks, stairwells or other areas in approved child care space having a drop-off of more than twenty-four inches (24") from which children might fall and be injured shall have an approved railing or approved barrier. The railing or barrier shall be constructed to prevent the child from crawling or falling through or becoming entrapped.

(F) Approved safety gates at stairways and doors shall be provided and used as needed.

(G) Protective outlet covers or twist-lock outlets shall be used in areas accessible to the children.

(H) Heaters, floor furnaces, radiators, hot water heaters or other equipment which pose a threat to children shall meet the requirements of 19 CSR 30-62.087 Fire Safety.

(I) All flammable liquids, matches, cleaning supplies, poisonous materials, medicines, alcoholic beverages, hazardous personal care items or other hazardous items shall be inaccessible to children.

(J) Ammunition, guns, hunting knives, bows and arrows or other weapons shall be stored in a locked cabinet or locked closet.

(K) No person shall smoke or otherwise use tobacco products in any area of the child care facility during the period of time when children cared for under the license are present.

(2) Indoor Space.

(A) General Requirements.

1. Any floor of a building used for child care shall be approved by the State Fire Marshal or his/her designee.

2. Open windows and doors shall be screened securely.

Barriers to prevent children from falling against windows or falling from windows shall be provided when windows are less than twenty-four inches (24") from the floor and not constructed of safety glass or other nonbreakable material.

3. Clear glass doors shall be marked plainly at varying heights to avoid impact.

4. Artificial or natural lighting shall supply at least ten (10) footcandles of light throughout each room used for child care.

5. The facility shall be dry, temperature controlled, well-ventilated and free of drafts. Children shall not be overheated or chilled. The temperature of the rooms shall be no less than sixty-eight degrees Fahrenheit (68°F) and no more than eighty-five degrees Fahrenheit (85°F) when measured two feet (2') from the floor.

6. Walls, ceilings and floors shall be finished with material which can be cleaned easily and shall be free of splinters, cracks and chipping paint. Floor covering shall be in good condition. Lead-free paint shall be used for all painted surfaces.

7. Concrete floors in areas counted as child care space shall be covered with carpet, tile, linoleum or other floor covering.

8. Floor surfaces under indoor equipment over twenty-four inches (24") in height, from which children might fall and be injured, shall be protected with pads or mats which will effectively cushion the fall of a child. Carpeting alone is not an acceptable resilient surface under indoor equipment.

9. The facility shall be clean at all times and free of dirt, insects, spiders, rodents or other pests.

10. A telephone in working order shall be available for incoming and outgoing calls. If a telephone answering machine is used, it must be turned on so incoming messages can be heard and parents’ calls can be returned promptly.

11. Telephone numbers for the police, fire department, ambulance and other emergency telephone numbers shall be posted near the telephone.

(B) Floor Space Calculations and Utilization.

1. General requirements.

A. At least thirty-five (35) square feet of usable floor space shall be provided for each preschool and school-age child coming into the facility for day care.

B. Floor space shall be measured wall-to-wall from the inside walls of areas used for children’s activities.

C. Floor space shall not include kitchens, bathrooms, closets, staff lounges, office space, hallways used exclusively as passageways or floor space occupied by furniture or shelving not used by the children or for their activities.

D. Space occupied by permanently placed cots, cribs, beds or playpens used for napping cannot be counted as usable floor space. Cots shall not be set up early or left in place to interfere with children’s play activities.

E. Storage space for play materials shall be provided.

Some of the space shall be on low shelves and accessible to the children.

F. Each child shall be provided individual space, accessible to the child, for storage of each childs’ clothing and other personal belongings.

G. Space shall be provided for office equipment, the making and keeping of records and for transaction of business.

This space shall not interfere with the children’s play areas.

H. An area for staff breaks shall be provided in the facility separate from child care space.

I. In a facility located in a provider’s permanent residence, the area used for child care, including play space and bathrooms, shall be separate from the family living quarters.

J. The family kitchen of a facility licensed for no more than twenty (20) children, located in a provider’s permanent residence, may be used for food preparation with approval of the sanitarian.

K. If school-age children are in care, there shall be space apart from the preschool program equipped for their use.

2. Infant and toddler space.

A. For group day care homes licensed for a maximum of four (4) infants/toddlers or for day care centers licensed for a maximum of twenty (20) children, including no more than four (4) infant/toddlers, the following shall apply:

(I) At least thirty-five (35) square feet of usable floor space shall be provided for each infant and toddler. Space occupied by cribs and playpens used for napping shall be deducted from usable floor space; and (II) A crawl area protected by stable dividers shall be provided. The area shall have a resilient and washable floor covering which shall be mopped and sanitized daily. Washable area rugs that are laundered daily may be used.

B. For all other group day care homes licensed for more than four (4) infant/toddlers and for all day care centers licensed for more than twenty (20) children or more than four (4) infant/toddlers, the following shall apply:

(I) For facilities initially licensed for infant/toddler care after the effective date of these rules or facilities adding new infant/toddler space, at least forty-five (45) square feet of usable floor space shall be provided in the facility for each infant and toddler. Space occupied by napping equipment does not have to be deducted from usable floor space;

(II) Two (2)-year-old children may be cared for in an infant/toddler unit. At least thirty-five (35) square feet of usable floor space shall be provided for each child in groups composed solely of two (2)-year olds;

(III) If a unit for infants and toddlers is auxiliary to a facility for older children, centers initially licensed for infant/ toddler care after the effective date of these rules or facilities adding new infant/toddler space, shall have play, sleeping and bathroom space in the infant and toddler unit. This space shall be separated from the space used for older children by floor-toceiling walls;

(IV) No more than eight (8) infant/toddlers or sixteen (16) two (2)-year olds shall be in a group;

(V) In facilities initially licensed for infant/toddler care after the effective date of these rules or facilities adding new infant/toddler space, no more than twenty-four (24) infants/ toddlers and/or two (2)-year olds shall be in a room. A room shall be defined as an area separated from other parts of the building by floor-to-ceiling walls. Stable partitions a minimum of four feet (4') in height shall be used to separate the infant/ toddler or two (2)-year old groups, or both, in a room;

(VI) Floors shall be tile, linoleum or wood and shall be mopped and sanitized daily. Washable area rugs that are laundered daily may be used. Centers initially licensed after the effective date of these rules or facilities adding new infant/ toddler space shall not use carpet;

(VII) Facilities initially licensed after the effective date of these rules or facilities adding new infant/toddler space shall provide refrigeration for bottles and a method for heating bottles in the infant/toddler unit; and (VIII) Infant/toddler areas may not be used by staff or older children as passageways to other areas of the building.

(3) Bathrooms.

(A) General Requirements.

1. One (1) flush toilet and one (1) adjacent handwashing facility with running water shall be available for every twenty (20) children.

2. Urinals may be substituted for up to one-half (1/2) the required number of toilets, with a minimum of one (1) toilet per bathroom.

3. Toilet and handwashing facilities shall be in working order and convenient for the children’s use.

4. Paper towels, soap and toilet paper shall be provided and easily accessible so the children can reach them without assistance.

5. Locks or latches shall not be used on bathroom or bathroom stall doors used by children below the first grade.

6. Children shall be monitored while in the bathroom.

7. Bathrooms shall be clean and odor free.

8. If a center is licensed for more than fifty (50) children, a separate bathroom or bathroom stall shall be available for staff.

(B) School Age.

1. When a center offers care for school-age children in first grade or above, bathroom facilities shall be provided as follows:

A. Separate girls’ and boys’ bathrooms shall be provided; or B. If twenty (20) or fewer school-age children are in care, one (1) bathroom may be designated for school-age children only.

(C) Infants, Toddlers and Nontoilet Trained Children.

1. One (1) flush toilet and one (1) adjacent handwashing facility with running water shall be available for every twenty-four (24) children in an infant/toddler unit.

2. One (1) potty chair, junior commode or toilet with an adapter seat shall be provided for every four (4) children being toilet trained. Potty chairs shall be located in the bathroom and shall be emptied, cleaned and disinfected after each use.

(4) Diapering Area.

(A) A safe diapering table with a waterproof washable surface shall be used for changing diapers. The diapering table shall be located within or adjacent to the group space so the caregiver using the diapering table can maintain supervision of his/her group of children at all times.

(B) Facilities initially licensed for infant/toddler care after the effective date of these rules or facilities adding new infant/ toddler space shall have one (1) diapering table for every group of eight (8) infant/toddlers and one (1) diapering table for every group of sixteen (16) two (2)-year olds.

(C) Facilities initially licensed after the effective date of these rules and accepting two (2)-year olds for care in the preschool unit shall have a diapering table available in the preschool unit.

(D) Diapering supplies and warm, running water shall be adjacent to the diapering area.

(5) Kitchens.

(A) A kitchen shall be required for meal preparation unless meals are catered from a source approved by the local or state sanitarian, or both.

(B) Kitchens used for meal preparation shall have sufficient equipment to accommodate the licensed capacity of the facility. The equipment shall include a stove, sink, hot and cold running water, a refrigerator and storage space for food, dishes and cooking utensils.

(C) If meals are catered, a sink, hot and cold running water, a refrigerator and storage space for food, dishes and cooking utensils shall be provided.

(D) Kitchens shall be maintained in compliance with state or local rules, or both, governing food service sanitation.

(E) Kitchens shall not be used for children’s play activities unless the activities are part of the learning program and the children are supervised by adults.

(F) Kitchens shall not be used for napping or as passageways for children.

(6) Outdoor Space.

(A) General Requirements.

1. A fenced outdoor play area shall be available on or adjoining the day care property. The play area shall be located so it is convenient and the children can gain access to it without hazard. For facilities initially licensed after the effective date of these rules or for the installation of new fences in existing facilities, the fence shall be at least forty-two inches (42") high. An outdoor play area used exclusively for school-age children shall not be required to have a fence. Fences shall be constructed to prevent children from crawling or falling through or becoming entrapped.

2. A minimum of seventy-five (75) square feet of outdoor play area per child at the time of use shall be provided. A sufficient area shall be available to accommodate one-third (1/3) the licensed capacity of the facility at one (1) time, with no less than seven hundred fifty (750) square feet.

3. Adult supervision shall be provided at all times when children are outside. For children three (3) years of age and above, staff/child ratios may be one and one-half (1 1/2) times the indoor staff/child ratios. The required indoor staff/child ratios shall be maintained on the premises at all times.

4. The play area shall be safe for children’s activities, well-maintained, free of hazards such as poisonous plants, broken glass, rocks or other debris and shall have good drainage.

5. The fall-zone area under and around outdoor equipment where children might fall and be injured shall be covered with impact-absorbing materials which will effectively cushion the fall of a child. This material may include sand, pea gravel, tanbark, shredded tires, wood chips, rubber matting or other approved resilient material.

6. The provider shall be responsible for the type, depth and fall-zone area of resilient material necessary for the protection of children.

7. Areas under and around outdoor equipment shall have continuous maintenance to ensure that the material remains in place and retains its cushioning properties. The resilient material shall be supplemented immediately or replaced as needed.

8. Concrete, asphalt, carpet, grass or bare soil is not an acceptable surface under outdoor equipment from which children might fall and be injured.

(B) Infants and Toddlers.

1. Outdoor play space for infants and toddlers shall be separate from that used for older children or the same space shall be used at different times. (This rule does not apply to group day care homes with a maximum of four (4) infant/toddlers or to day care centers licensed for a maximum of twenty (20) children, including no more than four (4) infant/toddlers.)

2. Staff/child ratios for infant/toddlers and two (2)-year olds shall be maintained at all times.

(7) Swimming and Wading Pools.

(A) Swimming and wading pools used by children shall be constructed, maintained and used in a manner which safeguards the lives and health of children.

(B) Swimming and wading pools shall have a water filtration system. The water in swimming and wading pools shall be treated, cleaned and maintained in accordance with health practices and rules as determined by the local or state health

(C) Swimming and wading pools shall be fenced to prevent access by children. For facilities initially licensed after the effective date of these rules, the fence shall be at least forty-two inches (42") high and shall have a locked gate. Above-theground pools may use a forty-two inch (42") fence around the top of the pool with barricades of the steps to the pool deck.

(D) Children using swimming or wading pools shall be instructed in water safety and supervised by an adult at all times.

(E) An adult with a current lifeguard training certificate, including infant/child cardiopulmonary resuscitation (CPR) training, shall be on duty at all times when a swimming or wading pool containing a depth of forty-eight inches (48") or more of water is being used.

(F) An adult who has completed a course in basic water safety, which includes infant/child CPR, shall be on duty when a swimming or wading pool containing less than forty-eight inches (48") of water is being used.

(8) Animals.

(A) Animals which may pose a threat to the health or safety of children shall not be permitted on the premises or shall be penned securely in an area which is inaccessible to the children.

(B) If an animal bites a child, the parent(s) shall be notified immediately. The provider shall contact a veterinarian to determine a course of action in the diagnosis of possible rabies in the animal. If possible, the provider shall restrain the animal for observation by a veterinarian.

(C) Animal pens shall be kept clean.

(D) No animals shall be permitted in food preparation areas.

(E) Areas used by children shall be free of animal excrement.

(F) Litter boxes shall not be located in areas used by children or in food preparation areas.

(G) Food and water dishes used by animals shall not be accessible to the children.

rule previously filed as 13 CSR 40-62.071, 13 CSR 40-62.082, and 19 CSR 40-62.082. Original rule filed March 29, 1991, effective Oct. 31, 1991. Changed to 19 CSR 40-62.082, effective Dec. 9, 1993. Changed to 19 CSR 30-62.082 July 30, 1998. Amended: Filed Feb. 18, 1999, effective Sept. 30, 1999. Emergency amendment filed Nov. 10, 2015, effective Nov. 20, 2015, expired May 17, 2016. Amended: Filed Nov. 10, 2015, effective April 30, 2016. Moved to 5 CSR 25-500.082, effective Aug. 30, 2021. *Original authority: 210.221.1(3), RSMo 1949, amended 1955, 1987, 1993, 1995, 1999,

History

• authority, or both.
• AUTHORITY: sections 210.221 and 210.223, RSMo Supp. 2015. This

5 CSR 25-500.087 Fire Safety {#sec-5-csr-25-500.087 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-500.087}

PURPOSE: This rule establishes the fire safety requirements for group day care homes and child day care centers.

(1) The following definitions shall be used in interpreting this

rule:

(A) Alterations are changes made to the structure or floor plan of the facility by removing or adding walls and doors or adding space;

(B) Dead-end is a corridor or hallway with no exit at the end that causes occupants to retrace their path to reach an exit;

(C) Exit is the portion of a means of egress that is separated from all other areas of the building or structure by construction or equipment required to provide a protected way of travel to the exit discharge. Exits include exterior exit doors, exit passageways, horizontal exits, separated exit stairs, and separated exit ramps;

(D) Exit access is the portion of a means of egress that leads to an exit;

(E) Exit discharge is the portion of a means of egress between the termination of an exit and a public way;

(F) Fire barrier is a structural element, either vertical or horizontal, such as a wall or floor assembly that is designed and constructed with a specified fire resistance rating to limit the spread of fire and restrict the movement of smoke. Such barriers may have protected openings;

(G) Fire resistance rating is the length of time in minutes or hours that materials or structural elements can withstand fire exposure;

(H) Flame resistant material is the property of material or their structural elements that prevents or retards the passage of excessive heat, hot gases, or flames under the conditions in which they are used;

(I) Flame retardant is a chemical applied to material or other substance that is designed to retard ignition or the spread of fire;

(J) Interior finish includes the interior wall and ceiling finish, and interior floor finish;

(K) Level exit discharge is a horizontal plane that is located from the point at which an exit terminates and the exit discharge begins. The horizontal plane shall not vary more than two inches (2”) in rise or fall;

(L) Level is the portion of a building included between the upper surface of a floor and the ceiling above it, or any upper surface of a floor and the ceiling above it that is separated by more than five (5) steps on a stairway;

(M) Means of egress is a continuous and unobstructed way of travel from any point in a building or structure to a public way.

A means of egress consists of three (3) distinct parts: the exit access, the exit, and the exit discharge;

(N) Mixed occupancy is when a facility is located in the same building or structure as another occupancy. This may include a business or place of assembly;

(O) Public way is an area such as a street or sidewalk that is open to the outside and is used by the public for moving from one (1) location to another;

(P) Remote exit or means of egress is when two (2) exits or two (2) exit access doors are required. Each exit or exit access door shall be placed at a distance apart equal to at least onehalf (1/2) the length of the maximum overall diagonal dimension of the building or area to be used;

(Q) Self-closing means to be equipped with an approved device that will ensure closing after having been opened;

(R) Smoke barrier is a structural element, either vertical or horizontal, such as a wall, floor, or ceiling assembly that is designed and constructed to restrict the movement of smoke. A smoke barrier may or may not have a fire resistance rating; and (S) Supervised automatic sprinkler system is a system with the initiating devices monitored by the fire alarm control panel. This may include switches used to monitor the position of valves, a low air pressure switch, a water flow switch, and a tamper switch.

(2) General Requirements.

(A) The Missouri Division of Fire Safety shall inspect the facility annually for the capacity specified on the license application and the fire inspection request. The inspection shall include a determination of whether or not the facility is approved for overlap care as provided in 19 CSR 30-62.162 Overlap Care of Children.

(B) Hangings or draperies shall not be placed over exit doors or located to conceal or obscure any exit. All hangings and draperies shall be treated with a flame retardant material with verification of the treatment on file at the facility and available for review by the fire inspector.

(C) Mirrors shall not be placed on exit doors or adjacent to any exit that may confuse the direction of exit.

(D) Art work and teaching materials attached directly to the walls shall not exceed thirty percent (30%) of the wall area. No art work or teaching materials shall be hung from the ceilings or in the doorways.

(E) The evacuation/emergency plan for fires and tornadoes shall be posted conspicuously and shall include the route for the drills and special instructions for infants and nonambulatory children.

(F) Child care staff shall conduct at least one (1) fire drill each month and a disaster drill at least every three (3) months. The disaster drills shall include tornado drills. The provider shall maintain a written record at the facility of the date, type of drill, time required to evacuate the building, and number of children present during the drill.

1. Unscheduled drills may be held at the fire inspector’s discretion.

2. A full evacuation of the facility may be postponed during severe weather.

3. An evacuation/emergency plan that is approved by the fire inspector shall be posted in each area of the facility used for child care. The plan shall include special instructions for infants and nonambulatory children.

4. The fire alarm system in the building shall be activated during all fire drills.

5. Fire drills shall be conducted as follows:

A. Drills shall simulate an actual fire condition;

B. The children shall not obtain clothing or other items after the alarm has sounded;

C. The children shall proceed to a predetermined location outside the building that is sufficiently remote to avoid fire danger, interference with fire department operations, or confusion among different groups of children; and D. Groups shall remain in place until a recall to the building is issued or the children are dismissed.

(G) Children shall have no access to areas of the building that do not meet fire safety requirements.

(H) All flammable or combustible liquids, matches, lighters, or other hazardous items shall be stored so they are inaccessible to the children.

(I) The house numbers shall be plainly visible from the street in case of emergency.

(J) Housekeeping practices that ensure fire safety shall be maintained daily.

(K) Stairways, walks, ramps, and porches shall be kept free of ice and snow.

(L) The provider shall immediately report any fire in the facility to the Office of the State Fire Marshal and the Department of Health, Bureau of Child Care Safety and Licensure.

(M) No fresh-cut Christmas trees shall be used unless they are treated with a flame resistant material. Documentation of the treatment shall be on file at the facility and available for review by the fire inspector.

(N) The Division of Fire Safety may make additional requirements that provide adequate life safety protection if it is determined that the safety of the occupants is endangered. Every building or structure shall be constructed, arranged, equipped, maintained, and operated to avoid danger to the lives and safety of its occupants from fire, smoke, fumes, or resulting panic during the period of time necessary for escape from the building.

(O) Before construction begins or occupancy occurs, a full set of construction plans shall be submitted to the Division of Fire Safety for review and approval for new construction and for alterations to existing buildings.

(P) During the construction or remodeling process, the provider shall request a framing and wiring inspection and an inspection for the rough-in wiring for the fire alarm system by the Division of Fire Safety before the walls are enclosed. Failure to have these inspections conducted will result in an unapproved fire inspection from the Division of Fire Safety.

(Q) Mobile homes manufactured after November 27, 1973, shall comply with the Missouri Public Service Commission, regulations for mobile home tie-down systems. Manufactured homes shall comply with section 700.070, RSMo 1994, regarding tie-down systems.

(R) All facilities shall comply with all local building codes, fire codes, and ordinances.

(S) The latest edition of the National Fire Protection Association (NFPA), Chapter 101, Life Safety Code, shall prevail in the interpretation of this rule.

(T) When the licensed capacity increases, hours of care change, alterations are completed, or other changes occur that affect fire safety, the provider shall meet all the requirements of this rule unless otherwise excepted by the Division of Fire Safety.

(U) Facilities that were licensed and areas approved for child care prior to the effective date of this rule shall have ceilings at least seven feet (7') in height. Facilities initially licensed and areas initially approved for child care on or after the effective date of this rule shall meet all the requirements of this rule and shall have ceilings at least seven feet, six inches (7'6") in height. If alterations are made in facilities licensed prior to the effective date of this rule, those facilities shall meet all the requirements of this rule and shall have ceilings at least seven feet, six inches (7'6") in height in the altered space. The fire inspector may make an allowance for the installation of ductwork and plumbing.

(V) Facilities served by a volunteer or membership fire department shall be a member in good standing with the fire department. A copy of the membership or receipt for membership shall be on file at the facility and available for review.

(W) Clothes dryers shall be vented and maintained properly.

(3) Mixed Occupancies.

(A) In addition to meeting all the requirements of this rule, 1. When a facility is located in a building containing mixed occupancies, the other occupancies shall be separated from the facility by at least a one (1)-hour fire barrier; and 2. In facilities in apartment buildings, when both exit accesses exit into the same corridor, the corridor shall be protected throughout by a fire barrier with at least a one (1)-hour fire resistance rated construction. All doors that open into the corridor shall have a one (1)-hour fire resistance rating and shall be self-closing.

(B) No facility shall be located next to a high hazard area or occupancy. A high hazard area or occupancy is an area, building, structure, or portions thereof, that contains heat-producing appliances, or that manufactures, processes, generates or stores materials that constitute a high fire, ex plosion, or health hazard. This includes any area, structure, or building posing a degree of hazard greater than normal to the general occupancy of the area, structure, or building.

(4) Exiting and Means of Egress.

(A) Each level occupied by children shall have at least two (2) remotely located means of egress. Each door opening in a means of egress shall be at least twenty-eight inches (28") wide.

In new construction, each door opening shall be a minimum of thirty-two inches (32") wide.

(B) No room or space that is accessible only by a ladder, folding stairs, overhead door, or through a trap door shall be occupied at any time.

(C) Exit doors shall swing in the direction of egress travel and shall be marked with a lighted exit sign with a battery backup of ninety (90) minutes.

1. Exit doors required to be kept closed shall be self-closing.

2. Any door in a required means of egress from a facility having an occupant load of one hundred (100) or more persons, or any facility caring for children during nighttime hours, shall be equipped with panic hardware or fire exit hardware. No other latching devices shall be used.

3. No door in a means of egress shall be locked against egress travel when the building is occupied. Locking devices that impede or prohibit egress or that cannot be disengaged easily shall not be used. Dead bolt locks that require a key to unlock the door from the inside shall not be used. Locking or latching devices installed on doors shall not be located higher than fifty inches (50") above the finished floor.

4. Closet door latches shall be designed so children can open the doors from the inside. Bathroom door locks shall be designed to permit opening of the door from the outside in an emergency. The opening device or key shall be readily accessible to the staff.

(D) In addition to meeting all the requirements of this rule, facilities initially licensed and areas initially approved for child care on or after the effective date of this rule, shall have emergency lighting with a ninety (90)-minute battery backup installed to light the path of egress. The fire inspector shall determine the location and number of emergency lights. If alterations are made in facilities licensed prior to the effective date of this rule, those facilities shall meet this requirement in the altered space.

(E) Stairways, landings, and ramps shall be free of all objects.

(F) Children shall not exit through a kitchen, bathroom, storage room, furnace room, garage, or any other rooms or areas deemed hazardous by the fire inspector.

(G) Dead-ends as defined by 19 CSR 30-62.087(1)(B) Fire Safety shall not exceed twenty feet (20').

(5) In addition to meeting all the requirements of this rule, (A) Stairs in facilities with fifty (50) or more occupants shall be at least forty-four inches (44") wide. Stairs in facilities with less than fifty (50) occupants shall be at least thirty-six inches (36") wide.

1. The maximum height of risers shall be seven inches (7") with a minimum height of four inches (4").

2. The minimum tread depth shall be ten inches (10").

3. The minimum height from any tread to the finished ceiling shall be six feet, eight inches (6' 8").

4. The maximum height between landings shall be no more than twelve feet (12').

5. Landings shall be as wide as the clear width of the stairs.

(B) Handrails shall not project into the stairway more than three and one-half inches (3 1/2") on each side.

1. Handrails shall be mounted at least thirty-four inches (34”), and no more than thirty-eight inches (38"), above the surface of the treads. They shall have a clearance of at least one and one-half inches (1 1/2") from the wall. Handrails shall be at least one and one-half inches (1 1/2"), but no greater than two inches (2") in diameter.

2. Stairs with no walls on either side shall have balusters placed on the sides. There shall be no more than four inches (4") between each baluster. They shall be attached to the stairs in a sturdy manner.

(C) Ramps used in an exit discharge shall be at least forty-four inches (44") wide if the facility has fifty (50) or more occupants. They shall be at least thirty-six inches (36") wide if the facility has less than fifty (50) occupants.

1. Ramps greater than six inches (6") in height shall have a maximum slope of one inch (1") drop for twelve inches (12") of run. Ramps less than six inches (6") in height shall have a maximum slope of one inch (1") drop for ten inches (10") of run.

2. Ramps greater than six inches (6") in height shall have handrails and balusters placed on each side.

3. Ramps shall have a slip-resistant surface.

(D) The elevation of interior floor surfaces through doorways shall not present a tripping hazard.

(6) Facilities caring for children under the age of twenty-four (24) months shall have two (2) means of egress out of each room that is dedicated for their use. One (1) means of egress shall lead directly outside at level exit discharge. Both exit doors shall be a minimum of thirty-six inches (36") wide or wider to accommodate the largest crib in the room. Doors shall swing in the direction of egress travel. The direct exit outside is not required if the entire facility is protected throughout by an approved supervised automatic sprinkler system.

(A) Children shall not pass through more than one (1) adjoining room to gain access to an exit door that leads directly outside.

(7) Level of Exit Discharge.

(A) Areas used for day care shall not be located more than one (1) level below ground level.

(B) In addition to meeting all the requirements of this rule, shall meet these requirements in the altered space:

1. Where children are occupying a level below or above the level of exit discharge (basement or second floor), at least one (1) means of egress shall be an exit discharging directly to the outside. The vertical travel to ground level shall not exceed eight feet (8') for the basement and twelve feet (12.') for the second floor; and 2. Where children are occupying a level below or above the level of exit discharge (basement or second floor), arrangement of means of egress shall be remote from each other.

(8) Travel Distance to Exits.

(A) The travel distance between any room door intended as an exit access or an exit shall not exceed one hundred feet (100'). This travel distance may be increased by fifty feet (50') in buildings protected throughout by a supervised automatic sprinkler system that is approved by the fire inspector based on the National Fire Protection Association’s Standards for Sprinkler Systems.

(B) The travel distance between any point in a room and an exit shall not exceed one hundred fifty feet (150’). This travel distance may be increased by fifty feet (50’) in buildings protected throughout by a supervised automatic sprinkler system that is approved by the fire inspector based on the National Fire Protection Association’s Standards for Sprinkler Systems.

(C) The travel distance between any point in a sleeping room and an exit access to that room shall not exceed fifty feet (50’).

(9) Windows for Rescue and Ventilation.

(A) In addition to meeting all the requirements of this rule, 1. Every room or space greater than three hundred (300) square feet used by children shall have at least one (1) outside window for emergency rescue and ventilation. The window shall be operable from the inside without the use of tools and shall provide a clear opening of at least twenty inches (20") wide, twenty-four inches (24") in height. The total clear opening space shall be no less than 5.7 square feet in size. The bottom of the opening shall be no more than forty-four inches (44") above the floor and any latching device shall be operated easily. The clear opening shall be a rectangular solid, with a minimum width and height that provides the required 5.7 square feet opening and a minimum depth of twenty inches (20") to allow passage through the opening. The windows shall be accessible by the fire department and shall open into an area having access to a public way. This does not apply in the following situations:

A. In buildings protected throughout by an approved, supervised automatic sprinkler system; and B. When the room or space has a door leading directly to the outside of the building;

2. In rooms located higher than three (3) stories above the level of exit discharge, the operable clear height, width, and area of the window shall be permitted to be modified to the dimensions necessary for ventilation as determined by the fire inspector; and 3. No windows shall have bars or any other items placed over them in a stationary manner that would impede a rescue or evacuation attempt.

(10) Protection.

(A) The door between the main level and any level below or above it shall be equipped with a one (1)-hour fire rated self-closing door.

(B) Vertical openings shall be enclosed and protected with a one (1)-hour fire barrier.

(C) The following rooms and areas used for the storage, processing, or use of materials shall be separated from the remainder of the building by fire barriers having a fire resistance rating of at least one (1) hour of protection:

1. Boiler, furnace rooms, and rooms containing water heaters. This does not apply to rooms enclosing only air-handling equipment;

2. Rooms or areas used for the storage of combustible supplies in quantities deemed hazardous by the fire inspector;

3. Rooms or areas used for the storage of hazardous materials, or flammable or combustible liquids in quantities deemed hazardous by the fire inspector;

4. Laundries and laundry rooms, maintenance shops, including woodworking and painting areas; and 5. The doors to janitorial closets shall be equipped with a self-closing device and a fire alarm initiating device in the room.

(D) The rooms or areas listed in 19 CSR 30-62.087(10)(C)1.–5.

Fire Safety shall be inaccessible to children by use of a locked doorknob or latch.

(E) The one (1)-hour fire resistance rating required for rooms or areas listed in 19 CSR 30-62.087(10)(C)1.–5. Fire Safety is not required if the facility installs a sprinkler head off the domestic water supply or has an approved automatic sprinkler system.

A fire alarm initiating device shall be installed in the rooms or areas listed in 19 CSR 30-62.087(10)(C)1.–5. Fire Safety as instructed by the fire inspector.

(11) Interior Finish.

(A) Interior wall and ceiling finishes throughout shall meet the requirements of the latest edition of the National Fire Protection Association, Chapter 101, Life Safety Code. Textile materials having a napped, tufted, looped, woven, nonwoven, or similar surface shall not be applied to walls or ceilings. Foam plastic materials or other highly flammable or toxic material shall not be used as an interior wall, ceiling, or floor finish.

(B) Interior floor finishes within corridors and exits shall be Class I or II in accordance with Chapter 6 of the latest edition of the Life Safety Code.

(C) In addition to meeting all the requirements of this rule, care on or after the effective date of this rule, shall have wall studs, ceiling joists, and floor joists that are covered with a minimum of Class C finish with no exposed studs or joists. If alterations are made in facilities licensed prior to the effective date of this rule, those facilities shall meet these requirements in the altered space.

(12) Detection, Alarms, and Extinguishment.

(A) Facilities using equipment or appliances that pose a potential carbon monoxide risk, including facilities with attached garages, shall install a carbon monoxide detector(s). The detector(s) shall be installed according to the manufacturer’s instructions. The fire inspector may require additional carbon monoxide detectors if the fire inspector determines that the safety of the occupants is endangered.

1. Carbon monoxide detectors shall be in good operating condition. If a battery operated detector is not operational, the provider shall install a detector that is powered by the home’s electrical system with a battery backup.

2. If an elevated carbon monoxide level is detected during a fire inspection, the provider shall have all gas-fired appliances checked by a heating and air conditioning company to iden tify the source of the carbon monoxide. Until the provider has documentation on file at the facility verifying that all gas-fired appliances were checked by a heating and air conditioning company and are in safe working order, and the facility is determined safe by the fire inspector, the fire inspection shall not be approved.

3. If a level of carbon monoxide is determined that endangers the children in care, the fire inspector shall take measures necessary to protect the children. This may include evacuation of the building or closing the facility. The provider shall obtain and have on file at the facility, documentation verifying that all gas-fired appliances were checked by a heating and air conditioning company and are in safe working order. The facility shall be reinspected by the fire inspector and determined safe before the children can return to the building or the facility can reopen.

(B) At least one portable, 5 lb., 2A-10 BC, fire extinguisher shall be required in all facilities. One (1) fire extinguisher shall be located in or near the kitchen or a location required by the fire inspector. The fire inspector may require additional fire extinguishers based on the floor plan, arrangement of space, and the number of levels used.

(C) Fire extinguishers shall be installed and maintained according to the instructions of the fire inspector and shall be inspected and approved annually by a fire extinguisher company. Documentation of the inspection and approval shall be on file at the facility and available for review by the fire inspector.

(D) A smoke detector(s) shall be installed in each room where children are being cared for and all other areas that are deemed necessary by the fire inspector. Smoke detectors shall be in good operating condition and functional at all times. If smoke detectors are not operational, the provider shall install smoke detectors as required by 19 CSR 30-62.087 (12)(F)1. Fire Safety.

(E) All facilities shall have a manual fire alarm system. Pull stations shall be mounted at each exit door and at least one (1) horn or strobe light shall be installed in a central location on each floor. Additional horns or strobe lights may be required by the fire inspector dependent upon the floor plan and arrangement of space. The battery backup control panel shall be Underwriter’s Laboratory (UL) or Factory Mutual (FM) listed and installed on a circuit used only for this system in the breaker box. The fire alarm system shall be installed and maintained in good working order. The fire inspector shall base the inspection of this system on the National Fire Protection Association Standards, National Fire Alarm Code. This does not apply to facilities housed in one (1) room only where all exit doors lead directly outside at level exit discharge.

(F) In addition to meeting all the requirements of this rule, 1. Group day care homes and day care centers caring for fifty (50) or fewer children at one (1) time shall have smoke de tectors installed in each room used by the children and in other locations as deemed necessary by the fire inspector. All smoke detectors shall be powered by the building’s electrical system and have a battery backup. When more than one (1) smoke de tector is required in a facility, they shall be arranged so that the activation of any detector causes the opera tion of an alarm in all detectors. This system may work independently from the manual fire alarm system;

2. Day care centers caring for more than fifty (50) children at one time shall have a full coverage fire alarm system. Smoke detectors shall be installed in each room, throughout hallways, and in other locations as deemed necessary by the fire inspector. Heat detectors shall be installed in the attic, kitchen, mechanical rooms, and other locations as deemed necessary by the fire inspector. The fire alarm system shall be installed and maintained in good working order. The fire inspector shall base the inspection of this system on the National Fire Protection Association Standards, National Fire Alarm Code; and 3. Facilities using a commercial stove, deep fryer, two (2) home-type ranges placed side-by-side, or a home-type range that produces grease laden vapor, shall be equipped with a range hood and extinguishing system with an automatic cutoff of fuel supply and exhaust system in case of fire. The fire inspector shall inspect these systems to ensure that they are in good working condition and are installed and maintained correctly. The inspector shall base this inspection on the National Fire Protection Association, Chapter 96, Standard for Fire Protection of Commercial Cooking Operations.

A. Home-type stoves separated by an eighteen inch (18")-cabinet shall not be required to have an extinguishing system installed above them.

B. Facilities that cook on a home-type range and have a menu that does not include frying or emitting a grease-laden vapor, shall not be required to install a fire extinguishment system above the range.

C. The range hood fire extinguishment system shall be interconnected with the control panel of the fire alarm system.

The activation of the range hood fire extinguishment system shall cause the fire alarm to activate throughout the building.

(G) Day care centers caring for more than one hundred (100) children at one time shall have a fire alarm system that notifies a monitoring company or the fire department. A copy of the contract with the monitoring company shall be on file at the facility and available for review by the fire inspector. The contract with the monitoring company shall not be terminated without approval of the fire inspector.

(H) Facilities that have a supervised automatic fire sprinkler system installed shall have the system tested and approved annually by a fire sprinkler company. A copy of the test report and approval of the system shall be kept on file at the facility and available for review by the fire inspector.

(I) When child care space is located above the second floor, the entire building shall be protected by a supervised automatic sprinkler system.

(13) Heating, Ventilating, and Air Conditioning Equipment.

(A) Unvented fuel-fired room heaters, portable electrical space heaters, or floor furnaces shall not be used during child care hours. The provider shall sign a compliance letter verifying that such equipment will not be used.

(B) Heating equipment and radiators in areas occupied by children shall have partitions, screens, or other means to protect children from hot surfaces and open flames. If solid partitions are used, provisions shall be made to ensure adequate air for combustion and ventilation for heating equipment.

Partitions shall be constructed of noncombustible material and shall not obstruct exit access.

(C) Wood heating systems shall not be used unless the system is installed outside the facility.

(D) Facilities with a water heater over two hundred thousand (200,000) British thermal units (Btus) per hour input or larger, or that is heating with a boiler, shall have a valid permit from the Division of Fire Safety posted on the premises. A copy of the permit shall be kept on file at the Division of Fire Safety.

(E) Gas and electric heating equipment shall be equipped with thermostatic controls. Gas water heaters shall have a properly sized pressure relief valve and be vented properly by a galvanized flue pipe with screws at every joint in the pipe or by material recommended by the manufacturer. The drip leg pipe on the pressure relief valve shall extend to approximately six inches (6") above the floor.

(F) Furnaces shall be vented properly. Furnace flue pipes shall be constructed of galvanized pipe or material recommended by the manufacturer. Galvanized pipe shall be secured by screws at every joint in the pipe.

(G) Joints in gas supply pipes shall be located outside the furnace cabinet housing.

(H) Furnaces shall be equipped with an electrical fused switch to protect the unit from electrical overloading and to disconnect the electrical supply.

(I) Furnace rooms and rooms containing water heaters shall have adequate combustion air for the units. The vent size openings for the combustion air shall be measured at one (1) square inch per one thousand (1,000) Btu input, if the combustion air is drawn from inside the structure, and one (1) square inch per four thousand (4,000) Btu input if the air is drawn from outside the structure. There shall be two (2) combustion air vent openings in each furnace room. One (1) opening shall be located at the lower level and the other at the upper level. One (1) combustion air vent opening shall be permitted if the vent opening extends directly to the outside of the structure. This opening shall be one (1) square inch per three thousand (3,000)

Btu input of the total gas appliances located in the room. The gas appliances shall have a clearance around them of one inch (1") from the sides and back and six inches (6") from the front of the unit.

(J) Furnace or air-handling equipment that has an air flow of two thousand (2,000) cubic feet of air per minute or more shall have a fan shut-down switch and duct smoke detectors that are interconnected with the fire alarm system.

(K) Air conditioning, heating, ventilating duct work, and related equipment shall be installed safely and be in good operating condition as determined by the fire inspector. The fire inspector shall base this on the National Fire Protection Association, Chapter 90A, Standard for the Installation of Air Conditioning and Ventilating Systems, or National Fire Protection Association, Chapter 90B, Standard for the Installation of Warm Air Heating and Air Conditioning Systems, as applicable.

(L) In addition to meeting all the requirements of this rule, 1. Gas shut-off valves shall be located next to all gas appliances, furnaces, and water heaters; and 2. If a furnace or water heater is located inside a garage, it shall be at least eighteen inches (18") above the finished floor and enclosed inside a fire resistant room as provided in 19 CSR 30-62.087(10) Fire Safety.

(14) Electrical Services.

(A) Electrical wiring shall be installed and maintained in good working order. If the fire inspector considers the wiring to be unsafe for the occupants or it is installed improperly, an inspection by a licensed electrician may be required prior to fire safety approval. The inspection by the licensed electrician shall be based on National Fire Protection Association, Chapter 70, National Electrical Code.

(B) Protective covers or inserts for electrical receptacles shall be installed in all areas occupied by children.

(C) Electrical extension cords shall not be used unless approved in writing by the fire inspector.

(15) Equivalency Concepts.

(A) Nothing in this rule is intended to prevent the use of systems, methods, or devices of equivalent or superior quality, strength, fire resistance, effectiveness, durability, and safety as alternatives required by this rule. These alternatives may be used only if technical documentation to demonstrate equivalency and the system, method, or device is submitted and approved by the Missouri Division of Fire Safety.

Amended: Filed March 1, 2000, effective Aug. 30, 2000. Moved to 5 CSR 25-500.087, effective Aug. 30, 2021. *Original authority: 210.221.1, RSMo 1949, amended 1955, 1987, 1993, 1995, 1999; 210.252, RSMo 1993, amended 1999.

History

• AUTHORITY: sections 210.221.1(3) and 210.252.5, RSMo Supp. 1999. This rule originally filed as 19 CSR 30-62.087. Original rule filed Feb. 18, 1999, effective Sept. 30, 1999. Emergency amendment filed March 1, 2000, effective March 11, 2000, expired Sept. 6, 2000.

5 CSR 25-500.090 Disaster and Emergency Preparedness {#sec-5-csr-25-500.090 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-500.090}

PURPOSE: This rule requires group homes and child care facilities to prepare and respond to disasters and emergencies.

(1) Disaster and Emergency Plan.

(A) The facility shall develop, implement, and maintain policies and procedures for responding to a disaster emergency, including a written plan for:

1. Medical and non-medical emergencies and disaster situations that could pose a hazard to staff and children, such as a fire, tornado, flood, chemical spill, exposure to carbon monoxide, power failure, bomb threat, person coming to the facility whose health or behavior may be harmful to a child or staff member, or kidnapping or missing child;

2. Evacuation from the facility in the event of a disaster or an emergency that could cause damage to the facility or pose a hazard to the staff and children;

3. Lock-down procedures in situations that may result in harm to persons inside the facility such as a shooting, hostage incident, intruder, trespassing, or disturbance or to be used at the discretion of the director, designee, or public safety personnel; and 4. Evacuation from a vehicle used to transport children.

(B) When developing disaster and emergency plans, the facility shall consider— 1. The age and physical and mental abilities of the children;

2. The types of services offered, including whether the facility provides care for non-ambulatory children or overnight care;

3. The types of disasters or emergencies likely to affect the area;

4. The requirements of the Division of Fire Safety and the Department of Health and Senior Services’ The ABC’s of Emergency Preparedness Ready in 3 Program (2006), which is incorporated by reference and is published by the Department of Health and Senior Services, Center for Emergency Response and Terrorism, PO Box 570, Jefferson City, MO 65102-0570, telephone number 573-526-4768, and is available at www.health. mo.gov, and advice from the Red Cross or other health and emergency professionals. This rule does not include any later amendments or additions; and 5. The need for ongoing communication and data sharing with other types of agencies providing services to children and with state and local disaster emergency management agencies.

(C) At a minimum, a disaster and emergency plan shall identify the staff members responsible for implementing the plan and ensuring the safety of the children and shall include:

1. The location of the child’s attendance record and emergency information and emergency supplies;

2. Diagrams that identify exit routes from each area of the facility used for child care to a safe location out of the facility and to a safe location within the facility where children and staff members can stay until the threat of danger passes;

3. A list of emergency contacts as set out in subsection (2)

(B) below;

4. The disaster drill and emergency procedures to be followed, which include but are not limited to the following:

A. Use of alarms to warn other building occupants and summon staff;

B. Emergency telephone call to the fire department;

C. Response to alarms;

D. Isolation of a fire, including confinement by closing doors to the fire area;

E. Evacuation of the immediate area;

F. Two (2) off-site locations identified as meeting places in case of evacuation;

G. Relocation of building occupants as detailed in the emergency plan, including individuals with special needs, such as non-ambulatory children and children who sleep overnight, if applicable; and H. System of contact for parents of children and notification of parents of the plan to assist in re-unification; and 5. Lock-down procedures shall include:

A. An announcement of the lock-down by the director or designee. The alert may be made using a pre-selected code word;

B. In a lock-down situation, staff shall keep children in their rooms or other designated location that are away from the danger; and C. Staff is responsible for accounting for children and ensuring that no one leaves the room or safe area until “all clear” is announced.

(2) Access to Emergency Information. The licensee shall ensure that— (A) At all times, a copy of the facility’s disaster and emergency plan is readily available in the office area and in each room used for care of children; and (B) The following information is posted in each room used for child care and beside each telephone in the facility:

1. Contact information, including the following:

A. The name, address, and telephone number of the facility;

B. A list of emergency numbers, including 911, if available, the fire department, police department, ambulance service, poison control center, and local radio station;

C. When a facility operates at more than one (1) site, the name and telephone number of the facility’s principal place of business; and D. When a facility occupies space it does not own, the name and telephone number of the owner of the building or the building manager;

2. A diagram of evacuation routes from the room; and 3. Any special instructions for infants and non-ambulatory children;

(3) Disaster Emergency Response Drills for Staff and Children.

(A) The licensee shall ensure that the facility has on file documentation that, at least every three (3) months, all staff and children at the facility have participated in a disaster or emergency drill based on the facility’s disaster and emergency plan.

(B) In addition to fire safety requirements found in 19 CSR 30- 62.087, a review of the following disaster drill procedures with the staff and children shall be conducted:

1. Staff duties and responsibilities in the event of an emergency;

2. Disaster drill procedures such as fire drill, tornado drill, carbon monoxide exposure, power failure, bomb threat, chemical spill, intruder training, and CPR or other medical procedures;

3. The use of and response to fire alarms; and 4. The use of fire extinguishers.

History

• AUTHORITY: section 210.221, RSMo 2000. This rule originally filed as 19 CSR 30-62.090. Original rule filed April 29, 2011, effective Oct. 30, 2011. Moved to 5 CSR 25-500.090, effective Aug. 30, 2021. Original authority: 210.221, RSMo 1949, amended 1955, 1987, 1993, 1995, 1999.

5 CSR 25-500.092 Furniture, Equipment, and Materials {#sec-5-csr-25-500.092 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-500.092}

PURPOSE: This rule sets forth the requirements for the furniture, equipment and materials needed in a group day care home or child day care center. or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) Indoor Furniture and Equipment.

(A) General Requirements.

1. All furniture and equipment shall be constructed safely, in good condition and free of sharp, loose or pointed parts.

Only lead-free paint shall be used.

2. Furniture and equipment shall be arranged to provide a clear passage to all exits.

(B) Sleeping Equipment.

1. General requirements.

A. An individual cot or bed shall be provided for each child who naps or sleeps. An individually assigned sheet and blanket shall be provided for each child twelve (12) months and older who naps or sleeps. Upper levels of bunk beds shall not be used.

B. All bedding shall be clean with sheets laundered at least once a week. Once bedding has been used by a child, it shall not be used by another child until it has been laundered.

C. If two- (2-) year olds are in care, they shall be napped in an area separate from the other children so they can sleep undisturbed longer than the older children.

D. Sleeping equipment shall be arranged to provide at least a two foot (2’) aisle on one (1) long side of the equipment.

2. Infants.

A. An individually assigned crib, portable crib, or playpen shall be provided and used for each infant and toddler.

Stack cribs shall not be used.

B. With written parental consent on file, cots may be used for napping or sleeping for toddlers twelve (12) months and older.

C. Cribs and playpens shall meet the Consumer Product Safety Commission and ASTM International (formerly the American Society for Testing and Materials) safety standards for full size baby cribs as found in 16 CFR Part 1219 and for non-full size baby cribs as found in 16 CFR Part 1220. The 2014 crib safety standards found in 16 CFR Parts 1219 and 1220 are incorporated by reference as part of this rule and are published by and avail able at the U.S. Government Publishing Office, 732 North Capitol Street NW, Washington, D.C. 20401-0001, 202-512-1800, www. bookstore.gpo.gov/catalog/laws-regulations/code-federal-regu lations-cfrs-print. This rule does not include any later amendments or additions.

D. The crib mattress or playpen pad shall be sized correctly to the crib or playpen, in good condition, waterproof, and kept clean and dry, be firm and maintain its shape even when the fitted sheet designated for that model is used, such that there are no gaps between the mattress and the side of the crib or playpen. Only fitted sheets shall be used and shall be changed immediately when soiled or wet.

E. Cribs and playpens shall be left consistently in place for infants and toddlers who use them for napping.

F. Soft materials or objects such as pillows, quilts, comforters, or sheepskins, even if covered by a sheet, shall not be placed under a sleeping infant. If a mattress cover to protect against wetness is used, it shall be tight fitting and thin.

G. Cribs, portable cribs, and playpens shall be free of soft objects, loose bedding, or any object that can increase the risk of entrapment, suffocation, or strangulation. Examples include bumper pads, pillows, quilts, comforters, sleep positioning devices, sheepskins, blankets, flat sheets, cloth diapers, bibs, pillow-like toys, wedges, infant positioners, special mattresses, special sleep surfaces, and other similar items.

H. Blankets or other soft or loose bedding shall not be hung on the sides of cribs or put under the fitted sheet. Only sleep clothing that is designed to keep an infant warm without the possible hazard of covering the head or face may be used during sleep or nap time.

I. Sitting devices such as car safety seats, strollers, swings, infant carriers, infant slings, and other sitting devices shall not be used for sleep/nap time. Infants who fall asleep anywhere other than a crib, portable crib, or playpen shall be placed in the crib or playpen for the remainder of their sleep or nap time.

(C) Tables and Seating Equipment.

1. Preschool and school-age children.

A. Individual chairs and table space for the licensed capacity of the facility shall be available for children twelve (12) months of age and older. Chairs shall be proportioned so children’s feet are firm on the floor when they are sitting back as far as possible on the chair.

B. Provision shall be made for seating during meals and for table space for eating and table activities.

2. Infants and toddlers. Infants and toddlers who are unable to sit at a table shall have one (1) piece of mealtime feeding equipment for every four (4) infant/toddlers which may include feeding tables, high chairs, infant seats or other safely designed infant seating equipment. Equipment shall be provided which will allow the child to sit comfortably and securely while being fed. Appropriate restraints shall be used.

(2) Indoor Play Equipment and Materials.

(A) General Requirements.

1. Play equipment and materials shall be clean, in good condition with all parts intact and accessible to children.

2. Play equipment and materials shall be replaced as needed to maintain the number of items required for the licensed capacity of the facility.

3. Toys or materials that come in sets shall be considered one (1) item.

(B) Preschool and School-Age Children.

1. Children twenty-four (24) months of age and older shall have an ample variety of age-appropriate toys, books, creative materials and activities which provide fun, stimula tion, development and opportunities for individual choices.

2. A minimum of forty (40) approved items shall be required for every ten (10) children in the licensed capacity of the facility. The forty (40) items shall include at least four (4) items from each of the following categories:

A. Blocks, construction and transportation toys;

B. Manipulatives;

C. Creative arts;

D. Large muscle activities;

E. Library and language activities;

F. Music and rhythm activities;

G. Dramatic and housekeeping play; and H. Science activities or sensory experiences.

(C) Infants and Toddlers.

1. Infants and toddlers shall have safe toys which shall be washed when soiled. Toys, parts of toys or other materials shall not be small enough to be swallowed. Toys and materials shall include a minimum of one (1) approved item from each of the following categories for each infant and toddler in the licensed capacity of the facility:

A. Push-pull toys;

B. Balls or other large muscle equipment;

C. Blocks, stacking toys or other manipulatives; and D. Cloth or plastic coated books.

(3) Outdoor Equipment.

(A) All outdoor equipment shall be constructed safely, in good condition and free of sharp, loose or pointed parts. Only lead-free paint shall be used.

(B) Outdoor equipment shall be provided for the ages and number of children in care to meet their physical and developmental needs.

(C) Children shall be instructed in the safe use of outdoor equipment.

(D) Stationary equipment such as swings, slides and climbers shall be securely anchored, have no exposed footings and be placed to avoid accidents or collisions.

(E) For facilities initially licensed after the effective date of these rules or for facilities installing new equipment, any part of the equipment from which children might fall shall not be more than six feet (6') in height.

(F) Equipment with moving parts which might pinch or crush children’s hands or fingers shall not be used unless the moving parts which pose a threat to children have guards or covers. “S” hooks shall be pinched together to avoid catching children’s skin or clothing.

(G) Swings shall have lightweight seats of rubber, plastic, canvas or nylon.

(H) Exposed bolts and screws shall be recessed into the frame, covered or filed to avoid sharp edges.

(I) Ropes, loops or any hanging apparatus that might entrap, close or tighten upon a child shall not be permitted.

(J) Trampolines shall not be used. Mini-trampolines, aerobic bouncers or other similar small jumping equipment may be used with close supervision.

rule previously filed as 13 CSR 40-62.081, 13 CSR 40-62.092, and 19 CSR 40-62.092. Original rule filed March 29, 1991, effective Oct. 31, 1991. Changed to 19 CSR 40-62.092, effective Dec. 9, 1993. Changed to 19 CSR 30-62.092 July 30, 1998. Emergency amendment filed Nov. 10, 2015, effective Nov. 20, 2015, expired May 17, 2016.

Amended: Filed Nov. 10, 2015, effective April 30, 2016. Moved to 5 CSR 25-500.092, effective Aug. 30, 2021. *Original authority: 210.221.1(3), RSMo 1949, amended 1955, 1987, 1993, 1995, 1999,

History

• AUTHORITY: sections 210.221 and 210.223, RSMo Supp. 2015. This

5 CSR 25-500.102 Personnel {#sec-5-csr-25-500.102 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-500.102}

PURPOSE: This rule sets forth the general, educational, and training requirements for staff.

PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated (1) General Staff Requirements.

(A) Child care personnel shall be of good character and intent and shall be qualified to provide care conducive to the welfare of children.

(B) Child care personnel shall cooperate with the department.

(C) Caregivers eighteen (18) years of age or older shall be counted in meeting the required staff/child ratios. In addi tion, a Junior Aide as defined in 5 CSR 25-500.010 shall be counted in meeting the required staff/child ratios if the fol lowing requirements are met:

1. A Junior Aide— A. May count in staff/child ratio only if under the direct supervision of an adult caregiver within the same group of children;

B. Shall not have the direct responsibility for a group of children as the sole caregiver;

C. Shall not count towards infant/toddler staffing ratios; and D. Shall not be the sole caregiver on the premises of a child care facility.

(D) Caregivers shall be capable of carrying out assigned responsibilities and shall be willing and able to accept training and supervision.

(E) Caregivers shall have knowledge of the needs of children and shall be sensitive to the capabilities, interests, and problems of children in care.

(F) Caregivers shall be capable of handling emergencies promptly and intelligently.

(G) Caregivers, directors, other personnel, or volunteers shall not be under the influence of alcohol or illegal drugs, while on the premises or in any vehicles used by the program. These individuals shall not be in a state of impaired ability due to use of medication while on the premises.

(H) The provider shall have available a copy of the Licensing Rules for Group Child Care Homes and Child Care Centers in Missouri. All caregivers and volunteers working directly with children shall be required to review and be knowledgeable of the rules at the time they begin work and shall be able to understand and apply those rules which relate to their respective responsibilities.

(I) Caregivers shall not be engaged in major housekeeping, cleaning, or maintenance activities during the hours of child care, but may do routine cleanup to maintain order and sanitation in the facility.

(J) All staff shall acquaint themselves with the child abuse and neglect law and shall make a report of any suspected child abuse or neglect to the Children’s Division at the toll-free number 1-800-392-3738 or online at https://apps.dss.mo.gov/ OnlineCanReporting/default.aspx.

(K) The child care provider shall ensure that within seven (7) days of employment or volunteering, and before being left alone with children, that caregivers employed on or after August 30, 2019, receive a facility orientation. The facility orientation shall include— 1. A tour of the facility, indoors and outdoors; and 2. A review of the following:

A. Licensing rules;

B. The facility’s license and its limitations, if any;

C. The facility’s written child care practices, including procedures for medication administration, child illness, discipline, and guidance policies;

D. The daily schedule;

E. The assigned duties and responsibilities of staff;

F. The names and ages of the children for whom the staff member will be responsible, including any special health, nutritional, or developmental needs;

G. The location of children’s records;

H. The facility’s safe sleep policy, if applicable;

I. The facility’s disaster emergency plan and the location of emergency information; and J. The mandated responsibility to report any suspected child abuse or neglect to the Children’s Division .

(L) The child care provider shall ensure that documentation of caregiver completion of the facility orientation is maintained and on file for review by the department.

(M) The provider shall request the results of a criminal background check for child care staff members as required by 5 CSR 25-600.020 General Requirements.

(N) Child care staff members shall have qualifying background screening results on file as required by 5 CSR 25- 600.020 General Requirements.

(O) Child care staff members with disqualifying background screenings results, as defined in 5 CSR 25-600.040 Background Screening Findings, shall be prohibited from being present on the premises of the facility.

(P) The child care provider shall conduct a Family Care Safety Registry screening prior to employment for any newly hired child care staff member who has a qualifying criminal background check result.

(Q) Background screening information received by the provider shall be retained in the individual’s file in a confidential manner and available for review.

(R) Any person present at the facility during the hours in which child care is provided shall not present a threat to the health, safety, or welfare of the children.

(S) If an employee reports licensing deficiencies in the facility, the child care provider shall not take any action against the employee because of the report that would adversely affect his/her employment or terms or conditions of employment.

(T) The licensee shall have documentation on file at the facility of current certification in age-appropriate first aid and cardiopulmonary resuscitation (CPR) training for a sufficient number of child care staff to ensure that there is one (1) caregiver at the facility for every twenty (20) children in the licensed capacity. At least one (1) caregiver with current certification in age-appropriate first aid and CPR must be on site at all times when children are present. The training shall be certified by a nationally recognized organization, such as the American Red Cross, American Heart Association, or an equivalent certification and be approved by the department.

(U) Staff and volunteers shall not fall within the same age range as the age of children specified on the license.

(2) Center Director or Group Child Care Home Provider.

(A) General Requirements.

1. An approved certificated group child care home provider or center director shall be an adult who is responsible for planning, monitoring, and managing the facility’s daily program.

A. A Center Director/Group Child Care Home Provider Certification Request form shall be submitted to the department.

See Center Director/Group Child Care Home Provider Certification Request form, revised 2022 and incorporated by reference in this

rule as published by the Missouri Department of Elementary and Secondary Education, PO Box 480, Jefferson City, MO 65102-0480 and available by the department at https://dese. mo.gov/childhood/forms. This rule does not incorporate any subsequent amendments or additions.

B. Once the center director or group child care home provider is certificated by the department, the Center Director/ Group Child Care Home Provider Approval Request form shall be submitted to the department and maintained on file at the facility. See Center Director/Group Child Care Home Provider Approval Request form, revised 2021 and incorporated by reference in this rule as published by the Missouri Department of Elementary and Secondary Education, PO Box 480, Jefferson City, MO 65102-0480 and available by the department at https://dese.mo.gov/childhood/forms. This 2. Center directors and group child care home providers routinely shall be on duty during the hours of highest attendance a minimum of forty (40) hours per week. If the facility operates less than forty (40) hours per week, the center director or group child care home provider shall be on duty at least fifty percent (50%) of the operating hours.

3. The licensee is required to maintain an approved certificated group child care home provider or center director on staff.

4. The duties and responsibilities of the center director or group child care home provider shall be defined clearly in writing.

5. In the absence of the center director or group child care home provider, another responsible individual shall be designated to be in charge of the facility.

6. The center owner(s), or the board president or chairperson, shall notify the department immediately when there is a change of directors and shall have a qualifying criminal background check on file as required by 5 CSR 25- 600.020 General Requirements.

(B) Education and Experience Requirements.

1. General requirements.

A. A Child Development Associate (CDA) or Youth Development Credential (YDC) shall be considered the equivalent of twelve (12) months experience and six (6) college semester hours in child-related courses toward meeting the educational and experience requirements for director of any size facility.

B. All experience must have been responsible, supervised, full-time (a minimum of thirty-five (35) hours per week) paid experience in working with children in a child care setting. Part-time experience, which is less than thirty-five (35) hours per week, may be prorated.

C. Each month of full-time experience may be substituted for two (2) college semester hours in unspecified courses, but not for the required child-related courses.

D. All college semester hours must have been received from an accredited college or university.

E. The required courses may include child-related courses in early childhood education, elementary education, child development, child psychology, nutrition, first aid, recreation, nursing, health, marriage and family, social work, sociology, or other related areas as approved by the department.

F. Official verification of the education and experience of the group child care home provider or center director shall be on file with the department prior to beginning employment as the group child care home provider or facility director.

G. Any college transcript used for verification of education must be an official transcript bearing the seal of the college or university.

2. Group child care home provider. The group child care home provider shall have at least thirty (30) college semester hours, with six (6) of the thirty (30) hours in child-related courses; or twelve (12) months experience and six (6) college semester hours in child-related courses, a CDA, or a YDC.

3. Center director.

A. Any individual approved as a qualified center director under the previous licensing rules and employed in a center in that position as of the effective date of these rules shall be exempt from these requirements for continued employment in the same center, or for employment in another center of the same or smaller licensed capacity category. If the same individual is to be employed in another center in a larger licensed capacity category, s/he shall meet the educational and experience requirements of that category.

B. Child care center directors employed after the effective date of these rules shall meet the following education or experience requirements, or both, as determined by the licensed capacity of the center in which they are to serve:

Licensed Capacity Education and Experience of the Center Requirements for Center Director _________________ ________________________________ Up to 20 Children Thirty (30) college semester hours, with six (6) of the thirty (30) hours in child-related courses; or twelve (12) months experience with six (6) college semester hours in child-related courses, a CDA, or a YDC. 21—60 Children Sixty (60) college semester hours. Twelve (12) of the hours must be in child-related courses; or twenty-four (24) months experience and twelve (12) college semester hours in child-related courses. 61—99 Children Ninety (90) college semester hours. Eighteen (18) of the ninety (90) hours must be in child-related courses; or thirty-six (36) months experience and eighteen (18) college semester hours in childrelated courses. 100 or More Children One hundred twenty (120) college semester hours. Twenty-four (24) of the one hundred twenty (120) hours must be in child-related courses. Six (6) of the twenty-four (24) college semester hours may include courses in business or management; or four (4) years experience and twenty-four (24) college semester hours in child-related courses. Six (6) of the twenty-four (24) college semester hours may include courses in business or management.

(3) Child Care Training.

(A) The center director, group child care home provider, all other caregivers, and those volunteers who are counted in staff/child ratios shall obtain at least twelve (12) clock hours of child-care related training during each calendar year. Clock hour training shall be approved by the department.

(B) A clock hour shall be a minimum of one (1) hour.

(C) Caregivers who were employed after the first of the year shall obtain one (1) clock hour of training for each one (1) month of employment, regardless of the date employment began.

(D) Group child care homes and child care centers operating fewer than twelve (12) months of the year shall obtain at least twelve (12) annual clock hours. The number of training clock hours required is not prorated for any program, regardless of number of months per year or number of hours per week in operation.

(E) The clock hour training shall include one (1) or more of the department-approved content areas. The eight (8) content areas address child development, family-teacher partnerships, child observation, developmentally appropriate practice, early childhood curriculum, professionalism, health and safety, and leadership.

(F) Training shall be documented with the dates, the individual participant’s name, the number of hours of training completed, the title of the training, training approval identification code, and the name of the trainer(s).

1. Caregivers shall obtain a Missouri Professional Development Identification (MOPD ID) number from the department.

2. All clock hour training records shall be recorded in the department’s professional development system. A summary of training from the professional development system will serve as documentation of training hours completed.

(G) Child-related college courses from an accredited college or university as identified by the U.S. Department of Education’s Office of Post-Secondary Education (http://ope.ed.gov/ accreditation/) may be counted as clock hour training. Childrelated college courses shall meet the following guidelines:

1. College coursework accepted for clock hours shall be child-related;

2. One (1) college credit is equal to fifteen (15) clock hours;

3. College courses qualifying for director approval, as stated in subparagraphs (2)(B)1.D. and E. of this rule, are approved to meet annual clock hour requirements;

4. College coursework does not include clock hour training or continuing education units (CEUs) taken from a college. Clock hour training provided through colleges, such as a continuing education program or an extension office, shall follow the procedures for clock hour training approval; and 5. College coursework shall be documented by a transcript from an accredited college.

(H) Earning a Child Development Associate (CDA) or Youth Development Credential (YDC) shall count for twelve (12) clock hours for the year the credential was awarded.

(I) Caregivers shall not receive clock hours for duplicate training completed within the same calendar year.

(J) Clock hours obtained in excess of the twelve (12) training clock hours for the current year shall not be carried over into the next training year.

(K) Clock hour training taken prior to beginning employment or to the facility becoming licensed may be counted if it occurred within that calendar year.

(L) High school coursework shall not be approved for clock hours.

(M) Trainers shall not be awarded clock hours for training sessions which they conduct.

(N) Caregivers shall not be counted in ratio when obtaining clock hour training.

(4) Safe Sleep Training.

(A) Every three (3) years, the child care provider, group child care home provider, child care staff members, and volunteers in a group child care home or child care center licensed to provide care for infants less than one (1) year of age shall successfully complete department-approved training regarding the American Academy of Pediatrics (AAP) safe sleep recommendations contained in the American Academy of Pediatrics Policy Statement on sleep-related infant deaths. The Sleep-Related Infant Deaths: Updated 2022 Recommendations for Reducing Infant Deaths in the Sleep Environment, July 2022, is incorporated by reference in this

rule, as published by the American Academy of Pediatrics and available at https://publications.aap.org/pediatrics/

article/150/1/e2022057990/188304/Sleep-Related-Infant-Deaths- Updated-2022 or as published in PEDIATRICS Volume 150, Issue 1, July 2022. A copy can also be obtained from the Department of Elementary and Secondary Education, Office of Childhood, 205 Jefferson Street, PO Box 480, Jefferson City, MO 65102- 0480 and at https://dese.mo.gov/governmental-affairs/deseadministrativerules/incorporated-reference-materials. This 1. The training shall be documented and maintained as described in paragraph (3)(F)2. of this rule.

2. The child care provider, group child care home provider, child care staff members, and volunteers in a group child care home or child care center shall complete safe sleep training described in subsection (4)(A) of this rule prior to licensure.

3. The child care provider, group child care home provider, child care staff members, and volunteers shall complete safe sleep training described in subsection (4)(A) of this rule within thirty (30) days of employment or volunteering at the facility.

section 161.092, RSMo 2016, and sections 210.221, 210.223, and 210.1080, RSMo Supp. 2023* . This rule previously filed as 13 CSR 40-62.091, 13 CSR 40-62.102, and 19 CSR 40-62.102.

Original rule filed March 29, 1991, effective Oct. 31, 1991. Changed to 19 CSR 40-62.102, effective Dec. 9, 1993. Emergency amendment 9, 1994. Changed to 19 CSR 30-62.102 July 30, 1998. Amended: Filed Feb. 18, 1999, effective Sept. 30, 1999. Amended: Filed Jan. 28, 2011, effective July 30, 2011. Emergency amendment filed Nov. 10, 2015, effective Nov. 20, 2015, expired May 17, 2016. Amended: Filed Nov. 10, 2015, effective April 30, 2016. Emergency amendment filed Feb. 15, 2019, effective Feb. 25, 2019, expired Aug. 23, 2019. Amended:

Filed Feb. 15, 2019, effective Aug. 30, 2019. Amended: Filed Aug. 31, 2020, effective Feb. 28, 2021. Moved to 5 CSR 25-500.102, effective Aug. 30, 2021. Amended: Filed Oct. 12, 2021, effective May 30, 2022.

Amended: Filed Sept. 27, 2022, effective May 30, 2023. Amended:

Filed June 14, 2023, effective Jan. 30, 2024. 210.221, RSMo 1949, amended 1955, 1987, 1993, 1995, 1999, 2015, 2019, 2020, 2022; 210.223, RSMo 2015, 2022; and 210.1080, RSMo 2018, amended 2019, 2020, 2022.

History

• AUTHORITY:

5 CSR 25-500.112 Staff/Child Ratios and Group Size {#sec-5-csr-25-500.112 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-500.112}

PURPOSE: This rule provides the number of staff required for specific ages and numbers of children in care.

(1) Staff/child ratios shall be maintained at all times.

(A) The staff/child ratio and group size shall be followed as outlined in the chart below unless it meets an exception in subsections (1)(B)-(G) below.

Ages of Children in Group Description for the Purpose of this Rule Minimum Staff/Child Ratio Maximum Group Size Infants, toddlers, and 2-year-olds Birth to 36 months 1:48 2-year-olds Groups of children 24 to 1:816 3 through 4-yearolds Groups of children 3 to 4 years old 1:1020 5-year-olds and upGroups of children 5 years or older 1:1632 Mixed ages (Type 1) 2-year-olds and older, with a maximum of four (4) 2-year-olds A mixed group of children consisting of no more than 4 children ages 24 to 36 months, and at least one child older than 1:10 Mixed ages (Type 2) 2-year-olds and older, with more than four (4) 2-year-olds A mixed group of children consisting of more than 4 children ages 24 to 36 months, and at least one child older than 1:816 (B) For group child care homes licensed for a maximum of four (4) infants/toddlers or for child care centers licensed for a maximum of twenty (20) children, including no more than four (4) infants/toddlers, multiple groups may occupy the same physical space.

(C) During naptime, groups composed of children two (2) years old and older shall not be required to maintain staff/ child ratio within the napping area, but shall not exceed group size limitations. The required staff/child ratio shall be maintained on the premises during naptime.

(D) Groups composed of children two (2) years old and older shall not be required to maintain group sizes during – 1. Outdoor play; 2.

Indoor gross motor activities in a gymnasium or multi-purpose room;

3. Meals;

4. Field trips; and 5. Special events including but not limited to guest speakers, assemblies, and celebrations.

(E) Group size requirements shall not apply when children are transported to or from the facility.

(F) For programs licensed exclusively for school-age children, multiple groups may occupy the same physical space.

(G) During outdoor play, staff/child ratios may be one and one-half (1 1/2) times the indoor staff/child ratios if children two (2) years of age or younger are not present in the outdoor play space. The required indoor staff/child ratios shall be maintained on the premises at all times.

(2) If a center has an attendance of more than fifty (50) children, the center director or individual in charge shall not be included in staff/child ratios except during naptime or on an emergency substitute basis.

(3) If a center has an attendance of more than thirty (30) children at lunch or dinner time, staff shall be provided for meal preparation, serving, and clean-up. The staff shall not be included in staff/child ratios during this time.

(4) Individuals employed for clerical, housekeeping, cleaning, and maintenance shall not be included in staff/child ratios while performing those duties.

History

• AUTHORITY: section 161.092, RSMo 2016, and section 210.221, RSMo Supp. 2023. This rule previously filed as 13 CSR 40-62.100, 13 CSR 40-62.112, and 19 CSR 40-62.112. Original rule filed March 29, 1991, effective Oct. 31, 1991. Changed to 19 CSR 40-62.112, effective Dec. 9, 1993. Changed to 19 CSR 30-62.112 July 30, 1998. Moved to 5 CSR 25-500.112, effective Aug. 30, 2021. Amended: Filed June 7, 2023, effective Jan. 30, 2024. Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014, and 210.221.1(3), RSMo 1949, amended 1955, 1987, 1993, 1995, 1999, 2015, 2019, 2020, 2022.

5 CSR 25-500.122 Medical Examination Reports {#sec-5-csr-25-500.122 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-500.122}

PURPOSE: This rule sets forth the requirements for medical examinations for caregivers and children in care.

(1) Staff and Volunteers.

(A) All persons working in a child care facility in any capacity during child care hours, including volunteers counted in staff/ child ratios, shall be in good physical and emotional health with no physical or mental conditions which would interfere with child care responsibilities. These persons shall have a medical examination report, signed by a licensed physician or registered nurse who is under the supervision of a licensed physician, on file at the facility at the time of initial licensure or within thirty (30) days following employment.

(B) Medical examination reports shall include either a Tuberculosis (TB) Risk Assessment form, completed and signed by a health care professional, or a negative tuberculin skin test (TST) completed not more than twelve (12) months before beginning work in the facility. The Tuberculosis (TB)

Risk Assessment form, revised March 2014, is incorporated by reference in this rule, as published by the Missouri Department of Health and Senior Services, PO Box 570, Jefferson City, MO 65102 and available by the Missouri Department of Health and Senior Services at https://health.mo.gov/living/ healthcondiseases/communicable/tuberculosis/tbmanual/pdf/ RiskAssessmentform.pdf. This rule does not incorporate any subsequent amendments or additions. If the person has signs or symptoms of tuberculosis, or risk factors for tuberculosis, then testing for tuberculosis shall occur.

1. If the person has no documented history of ever receiving a tuberculin skin test (TST), and elects to receive a TST, then a two- (2-) step TST is required. A history of bacilli Calmette-Guerin vaccination (BCG) shall not exempt a person from receiving a tuberculin test.

2. Persons that have a newly positive tuberculin test(s) shall not be allowed to work until a medical evaluation is performed to determine if the person has active contagious tuberculosis.

3. Persons with active contagious tuberculosis shall be excluded from employment until deemed non-infectious by the Missouri Department of Health and Senior Services or the local public health agency. The person may return to work once the above criteria have been met, as long as the person adheres to his/her prescribed treatment regimen.

4. All positive tuberculin tests shall be reported to the Missouri Department of Health and Senior Services or local public health agency as required by 19 CSR 20-20.020.

(C) Medical examination reports shall be completed not more than twelve (12) months prior to beginning work in the facility and may be transferable to another child care facility for subsequent employment.

(D) The medical examination report form shall be supplied by the department or the facility may use its own form if it contains all the information on the department’s form. The Medical Examination Report for Caregivers and Staff form, revised 2021, is incorporated by reference in this rule, as published by the Missouri Department of Elementary and Secondary Education, PO Box 480, Jefferson City, MO 65102-0480 and available by the department at https://dese.mo.gov/childhood/forms. This (E) A child care employee, who is identified as a contact to an active tuberculosis case, shall be evaluated for tuberculosis to determine if the person has active contagious tuberculosis, or be excluded from work.

(F) If at any time the department has reason to question the physical or emotional health of any person working or volunteering in the facility, the department shall require a physical or mental examination of these persons.

(G) Staff or volunteers shall not work when ill if the health or well-being of children is endangered.

(2) Children.

(A) The provider, within thirty (30) days following the admission of each infant, toddler, or preschool child, shall require a medical examination report signed by a licensed physician or registered nurse who is under the supervision of a licensed physician and completed not more than twelve (12) months prior to admission. The provider may use the department’s medical assessment form or the provider may use its own form if it contains all the information on the department’s form. The Child Medical Examination Report (Infant/Toddler/Pre-School) form, revised 2021, is incorporated by reference in this rule, as published by the Missouri Department of Elementary and Secondary Education, PO Box 480, Jefferson City, MO 65102-0480 and available by the department at https://dese.mo.gov/childhood/forms. This (B) The examination report shall determine if a child’s medical history and current state of health is satisfactory for participation in a child care program.

(C) Medical examination requirements shall not apply to any child if the parent(s) files a signed statement of objection based on religious beliefs.

(D) The parent(s) of a school-age child shall provide a report at the time of enrollment indicating the child’s health history, any current health problems, and any restrictions necessary for the child’s care.

(E)

The medical examination report form and the health

history report for school-age children shall be supplied by the department or the facility may use its own form if it contains all the information on the department’s form. The School-Age Child Health Report form, revised 2021, is incorporated by ref erence in this rule, as published by the Missouri Department of Elementary and Secondary Education, PO Box 480, Jefferson City, MO 65102-0480 and available by the department at https://dese.mo.gov/childhood/forms. This rule does not incorporate any subsequent amendments or additions.

Changed to 19 CSR 30-62.122 July 30, 1998. Amended: Filed April 29, 2011, effective Oct. 30, 2011. Moved to 5 CSR 25-500.122, effective Aug. 30, 2021. Amended: Filed Oct. 12, 2021, effective May 30, 2022. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014, and 210.221, RSMo 1949, amended 1955, 1987, 1993, 1995, 1999, 2015, 2019, 2020, 2022.

History

• AUTHORITY: section 161.092, RSMo 2016, and section 210.221, RSMo Supp. 2021. This rule was previously filed as 13 CSR 40- 62.110, 13 CSR 40-62.122, and 19 CSR 40-62.122. Original rule filed March 29, 1991, effective Oct. 31, 1991. Changed to 19 CSR 40- 62.122, effective Dec. 9, 1993. Emergency amendment filed Aug. 18, 1993, effective Aug. 28, 1993, expired Dec. 25, 1993. Emergency amendment filed Jan. 4, 1994, effective Jan. 14, 1994, expired May 13, 1994. Amended: Filed Aug. 18, 1993, effective April 9, 1994.

5 CSR 25-500.132 Admission Policies and Procedures {#sec-5-csr-25-500.132 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-500.132}

PURPOSE: This rule defines admission policies and procedures for children in care.

(1) The provider shall establish, implement, and maintain written policies pertaining to the program goals, admission, safe sleep practices for children less than one (1) year of age, care, and discharge of children, and shall provide a copy to the parent(s) at the time of enrollment.

(2) The provider’s infant safe sleep policy shall comply with

section 210.223, RSMo, and shall include, but not be limited to:

(A) The following safe sleep practices:

1. The policy shall list the licensee’s expectations regarding how and when caregivers are to be trained on safe sleep;

2. A requirement that children less than one (1) year of age be placed on their backs to sleep;

3. A requirement that the facility shall receive a written statement from the infant’s licensed health care provider stat ing that the infant requires alternative sleep positions or special sleeping arrangements that differ from those set forth in 19 CSR 30- 62.182(2)(C) prior to allowing the infant to be placed in a sleep position that is not on his or her back; and 4. Supervision of infants during nap/sleep times, to include:

A. Positioning of staff;

B. Lighting in the nap room;

C. Physical checks of the child to ensure he or she is not overheated or in distress; and D. Prohibitions against the use of any equipment such as a sound machine that may interfere with the caregiver’s ability to see or hear a child who may be distressed; and (B) The following requirements for safe sleep environments:

1. The policy shall state that cribs and playpens must have a firm mattress and tight fitting sheets, be free of loose bedding, bumper pads, pillows, and soft toys;

2. Shall require infants’ heads be uncovered during nap/ sleep times;

3. Shall prohibit covering cribs or playpens with blankets or bedding;

4. Shall prohibit smoking in the child care home during the hours children are in care; and 5. Shall require giving the parent(s) or guardian(s) of each infant in care a copy of the provider’s safe sleep policy upon the child’s enrollment.

(3) The provider shall have available a copy of the Licensing Rules for Group Day Care Homes and Child Day Care Centers in Missouri and shall advise the parent(s) at the time of enrollment of his/her child of the availability of the rules for review.

(4) Only children two (2) years of age and older shall be accepted for care unless the facility has been specifically licensed to include infant/toddler care.

(5) If infant/toddler care is provided in a unit auxiliary to a licensed facility for older children, the following shall apply:

(A) Placement of a two (2) year old in either the infant/toddler unit or the unit for older children shall be determined in consultation with the parent(s); and (B) The infant/toddler unit shall not care for children older than two (2) years unless the total number of children in attendance at the time is four (4) or fewer.

(6) A child who has a special physical, developmental, or behavioral need shall have on file an individualized plan for specialized care from a professionally qualified source.

(7) The provider shall assess his/her ability to provide care for the special needs child while also meeting the needs of the other children.

(8) The provider shall develop and implement a procedure for admitting children which shall include:

(A) A personal interview with the parent(s) and child to exchange information and arrive at a mutual decision about admitting a child;

(B) A plan for continuing communication between the child care provider and the parent(s);

(C) Discussion of the plan for providing for the care of the ill child as required by 19 CSR 30-62.192 Health Care;

(D) Discussion of the parental plan for providing for the care of the school-age child on scheduled days of school closings;

(E) Completion by the parent(s) of the following written information which shall be on file before the child is accepted for care:

1. All information required by 19 CSR 30-62.222 Records and Reports;

2. Information regarding a child’s personal development, behavior patterns, habits, and individual needs;

3. A diet plan for each infant/toddler signed by the parent(s);

4. Instructions for action to be taken if the parent(s) or physician designated by the parent(s) cannot be reached in an emergency and permission for emergency medical care;

5. Information indicating that the child has completed age-appropriate immunizations, is in the process of completing immunizations, or is exempt from immunization requirements as defined by 19 CSR 30-62.192 Health Care;

6. Permission for field trips, transportation to and from school, and other transportation;

7. Permission for school-age children to leave the facility to participate in classes, clubs, or other activities, naming the activity, time of leaving and returning, and the method of transportation to and from the activity (Permission for regular activities such as scouting may be given for the entire school term.); and 8. Acknowledgement by the parent(s) that— A. They have received a copy of the provider’s policies pertaining to the admission, care, and discharge of children;

B. They have been informed that the Licensing Rules for Group Day Care Homes and Child Day Care Centers in Missouri are available in the facility for their review;

C. They and the provider have agreed on a plan for continuing communication regarding the child’s development, behavior, and individual needs;

D. They understand and agree that the child may not be accepted for care when ill;

E. They have received a copy of the provider’s safe sleep policy when enrolling children less than one (1) year of age;

F. They have been notified that they may request notice at initial enrollment in or attendance at the facility or upon request of whether there are children for whom an immunization exemption has been filed currently enrolled in or attending the facility.

(9) If care is provided for children related to the center owner(s) or group day care home provider, the parent(s) shall complete and sign a form which is supplied by the department (see 19 CSR 30-61.135). The form shall be on file at the facility before children related to the center owner(s) or group day care home provider are accepted for care, and shall contain the following identifying information:

(A) Each child’s name, address, birthdate, and date of admission;

(B) Each child’s relationship to the center owner(s) or group day care home provider; and (C) The parent’s(s’) name(s), address(es), and telephone number(s).

(10) If a provider enrolls children for irregular or intermittent care, all procedures for admitting children shall be followed.

Children enrolled on an irregular or intermittent basis shall be accepted only by appointment and shall not cause the facility to exceed its licensed capacity.

(11) After attempts have been made to meet a child’s individual needs, any child who demonstrates an inability to benefit from the care offered by the child care provider or whose presence is detrimental to other children may be discharged from the facility.

(12) Care of a child may be discontinued if the provider and the parent(s) cannot establish a mutually satisfactory working relationship.

(13) Parents shall have access to the facility at any time during child care hours.

Emergency amendment filed Aug. 18, 1993, effective Aug. 28, 1993, expired Dec. 25, 1993. Emergency amendment filed Jan. 4, 1994, effective Jan. 14, 1994, expired May 13, 1994. Amended: Filed Aug. 18, 1993, effective April 9, 1994. Changed to 19 CSR 30-62.132 July 30, 1998. Emergency amendment filed Nov. 10, 2015, effective Nov. 20, 2015, expired May 17, 2016. Amended: Filed Nov. 10, 2015, effective April 30, 2016. Moved to 5 CSR 25-500.132, effective Aug. 30, 2021. *Original authority:210.221.1(3), RSMo 1949, amended 1955, 1987, 1993, 1995, 1999,

History

• AUTHORITY: sections 210.221 and 210.223, RSMo Supp. 2015. This rule previously filed as 13 CSR 40-62.120, 13 CSR 40-62.132, and 19 CSR 40-62.132. Original rule filed March 29, 1991, effective Oct. 31, 1991. Changed to 19 CSR 40-62.132, effective Dec. 9, 1993.

5 CSR 25-500.142 Nighttime Care {#sec-5-csr-25-500.142 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-500.142}

PURPOSE: This rule sets forth requirements for facilities providing nighttime care for children.

(1) If nighttime care is to be offered on a regular basis, rules shall be met as set forth for nighttime care and the facility shall be specifically licensed to include nighttime care.

(2) Facilities licensed for nighttime care shall meet the requirements of the following additional rules:

(A) Special effort shall be made by caregivers to individualize care at children’s bedtime and awakening. The parent(s) shall be consulted concerning his/her child’s particular behavior patterns at bedtime and awakening;

(B) As parents will be calling for children at various hours during nighttime care, room arrangements shall take into consideration the child’s need for undisturbed sleep;

(C) Combs, brushes, toothbrushes or other personal items shall be individually marked with the child’s name;

(D) Night-lights shall be located in areas as required by individual children’s needs;

(E) Separate sleeping and dressing areas shall be provided for school-age boys and girls;

(F) During sleeping hours, caregivers shall be in close proximity to sleeping areas in order to respond to children needing attention. Close proximity means that caregivers shall be close enough to the children to be able to hear any sounds they might make that would indicate a need for assistance. One (1) caregiver shall be awake at all times; and (G) Adults on the premises shall be limited to staff, parents or authorized individuals. previously filed as 13 CSR 40-62.130, 13 CSR 40-62.142 and 19 CSR 40-62.142. Original rule filed March 29, 1991, effective Oct. 31, 1991.

Changed to 19 CSR 40-62.142, effective Dec. 9, 1993. Changed to 19 CSR 30-62.142 July 30, 1998. Moved to 5 CSR 25-500.142, effective Aug. 30, 2021.

5 CSR 25-500.152 Hourly Care Facilities {#sec-5-csr-25-500.152 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-500.152}

(Rescinded May 30, 2022)

History

• AUTHORITY: section 210.221.1(3), RSMo Supp. 1993. This rule previously filed as 13 CSR 40-62.140, 13 CSR 40-62.152, and 19 CSR 40-62.152. Original rule filed March 29, 1991, effective Oct. 31, 1991. Changed to 19 CSR 40-62.152, effective Dec. 9, 1993. Changed to 19 CSR 30-62.152 July 30, 1998. Moved to 5 CSR 25-500.152, effective Aug. 30, 2021. Rescinded: Filed Oct. 12, 2021, effective May 30, 2022.

5 CSR 25-500.162 Overlap Care of Children {#sec-5-csr-25-500.162 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-500.162}

PURPOSE: This rule defines overlap care and sets forth the requirements for overlap care.

(1) There may be situations (for example, to accommodate parents’ work shifts, before- and after-school care or beforeand after-summer camp care) when the number of children in care may exceed the licensed capacity of the facility at the time of overlap. The number in care shall never be more than onethird (1/3) over the licensed capacity of the facility at the time of overlap. The overlap period(s) shall not exceed two (2) hours total in any twenty-four- (24-) hour child-care day. The two (2) hours of available overlap time may be utilized in smaller time periods.

(2) Overlap care shall not be provided until a Child Care Facility Overlap Request form has been submitted and written approval has been received from the department. The Child Care Facility Overlap Request form, promulgated 2021, is incorporated by reference in this rule, as published by the Missouri Department of Elementary and Secondary Education, PO Box 480, Jefferson City, MO 65102-0480 and available by the department at https:// dese.mo.gov/childhood/forms.

This rule does not incorporate any subsequent amendments or additions.

(3) Any changes in the hours of overlap care shall require a new overlap request form be submitted and approved.

(4) All procedures for admitting children shall be followed if a provider chooses to enroll children for overlap care.

(5) Staff/child ratios shall be maintained during overlap periods.

(6) Overlap shall be granted to an infant/toddler unit or to a preschool/school-age unit based on the licensed capacity of each unit. Overlap for infant/toddler units shall be calculated separately from the overlap of preschool/school-age units, with the required staff/child ratios maintained for each group. A provider may not use the time period for one (1) unit to increase the overlap period for the other unit.

(7) The overlap period(s) shall not exceed two (2) hours total daily for both infant/toddler and preschool/school-age children.

(8) Overlap approval shall not be granted to facilities licensed exclusively for before- and after-school child care programs.

RSMo Supp. 2021.* This rule previously filed as 13 CSR 40-62.150, 13 CSR 40-62.162, and 19 CSR 40-62.162. Original rule filed March 29, 1991, effective Oct. 31, 1991. Changed to 19 CSR 40-62.162, effective Dec. 9, 1993. Emergency amendment filed Aug. 18, 1993, effective Aug. 28, 1993, expired Dec. 25, 1993. Emergency amendment filed Jan. 4, 1994, effective Jan. 14, 1994, expired May 13, 1994. Amended:

Filed Aug. 18, 1993, effective April 9, 1994. Changed to 19 CSR 30- 62.162 July 30, 1998. Moved to 5 CSR 25-500.162, effective Aug. 30, 2021. Amended: Filed Oct. 12, 2021, effective May 30, 2022. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014, and

5 CSR 25-500.172 Emergency School Closings {#sec-5-csr-25-500.172 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-500.172}

PURPOSE: This rule allows one-third additional attendance of school-age children on unscheduled days of school closings.

(1) On days when schools are closed due to emergencies such as inclement weather or physical plant failure, the facility may accommodate enrolled school-age children who need care. The provider shall be permitted to exceed for the day the licensed capacity of the facility by one-third (1/3). The one-third (1/3) excess attendance for emergency school closings shall not be in addition to the one-third (1/3) excess attendance allowed for overlap care. At no time may the total num ber in care be more than one-third (1/3) over the licensed capacity of the facility.

(2) Staff/child ratios shall be maintained during emergency school closings.

(3) The provider shall maintain a written record including the date of the emergency school closing, the reason for the closing and the number of children in care on that date.

(4) Emergency school closing overlap shall not be permitted for scheduled days of school closing. previously filed as 13 CSR 40-62.160, 13 CSR 40-62.172 and 19 CSR 40-62.172. Original rule filed March 29, 1991, effective Oct. 31, 1991.

Changed to 19 CSR 40-62.172, effective Dec. 9, 1993. Changed to 19 CSR 30-62.172 July 30, 1998. Moved to 5 CSR 25-500.172, effective Aug. 30, 2021.

5 CSR 25-500.182 Child Care Program {#sec-5-csr-25-500.182 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-500.182}

PURPOSE: This rule sets forth the requirements for the care of children, including supervision, emergency drills, discipline, diapering and toileting, and daily activities.

(1) Care of the Child.

(A) General Requirements.

1. Caregivers shall not leave any child without competent supervision.

2. A caregiver personally shall admit each child upon arrival and personally shall dismiss each child upon departure.

Children shall be dismissed only to the parent(s), guardian, legal custodian, or to individuals approved by the parent(s), guardian, or legal custodian.

3. Caregivers shall provide frequent, direct contact so children are not left unobserved on the premises.

4. Children under three (3) shall be supervised and assisted while in the bathroom.

5. A caregiver shall remain in the room with preschool and school-age children while they are napping or sleeping and shall be able to see and hear them if they have difficulty during napping or when they awaken.

6. Preschool children who do not sleep shall rest on cots or beds at least thirty (30) minutes, but shall not be forced to remain on cots or beds for longer than one (1) hour. They shall then be permitted to leave the napping area to engage in quiet play.

7. Caregivers shall provide special attention on an individual basis for new children having problems adjusting, distressed children, etc. Children shall be encouraged but not forced to participate in group activities.

8. Children shall not be subjected to child abuse/neglect as defined by section 210.110, RSMo.

(B) Fire and Tornado Drills.

1. Fire, tornado, and other disaster drills shall meet the requirements of 19 CSR 30-62.087 Fire Safety.

(C) Discipline.

1. The provider shall establish simple, understandable rules for children’s behavior and shall explain them to the chil dren.

2. Expectations for a child’s behavior shall be appropriate for the developmental level of that child.

3. Only constructive, age-appropriate methods of discipline shall be used to help children develop self-control and assume responsibility for their own actions.

4. Praise and encouragement of good behavior shall be used instead of focusing only upon unacceptable behavior.

5. Brief, supervised separation from the group may be used based on a guideline of one (1) minute of separation for each year of the child’s age.

6. Firm, positive statements or redirection of behavior shall be used with infants and toddlers.

7. Physical punishment including, but not limited to, spanking, slapping, shaking, biting, or pulling hair shall be prohibited.

8. No discipline technique which is humiliating, threatening, or frightening to children shall be used. Children shall not be shamed, ridiculed, or spoken to harshly, abusively, or with profanity.

9. Punishment or threat of punishment shall not be associated with food, rest, or toilet training.

10. Children shall not be placed in a closet, a locked or unlit room, or any other place which is frightening.

11. Children shall not be permitted to intimidate or harm others, harm themselves, or destroy property.

(D) Care of Infants and Toddlers.

1. Infants and toddlers shall have constant care and supervision. Home monitors or commercial devices marketed to reduce the risk of Sudden Infant Death Syndrome (SIDS) shall not be used in place of supervision while children are napping or sleeping.

2. Children shall be cared for by the same caregiver on a regular basis.

3. Caregivers shall be alert to various needs of the child such as thirst, hunger, diaper change, fear of or aggression by other children, and the need for attention.

(E) Diapering and Toilet Training.

1. Disposable tissues or wipes shall be used to cleanse the child at each time of diapering. Any diapering creams, powders, or other products applied at the time of diapering shall be provided by the parent(s) and labeled with the child’s name.

2. The diapering table shall be cleaned thoroughly with a disinfectant after each use.

3. The child shall not be left unattended at any time while on the diapering table.

4. Diapers and wet clothing shall be changed promptly.

5. Wet or soiled diapers shall be placed in an airtight disposal container located in the diaper change area. If cloth diapers are provided by the parent(s), individual airtight plastic bags shall be used to store each soiled diaper for return each day to the parent(s).

6. Caregivers changing diapers shall wash their hands with soap and running water each time after changing a child’s diaper.

7. The diapering area and handwashing area shall be separate from any food service area and any food-related materials.

8. No effort shall be made to toilet train a child until the parent(s) and provider agree on when to begin.

9. The routine for toilet training shall be discussed with the parent(s) so the same method will be used at the facility and the child’s home.

10. Children shall not be punished, berated, or shamed in any way for soiling their clothes. The parent(s) shall provide extra clothing for his/her child in case the child accidentally soils him/herself.

(2) Daily Activities for Children.

(A) A daily schedule shall be established in written form which shall include activities for all ages of children in care.

(B) Daily activities for preschool and school-age children shall include— 1. Developmentally appropriate play experiences and activities planned to meet the interests, needs, and desires of the children;

2. Individual attention and conversation with caregivers;

3. Indoor and outdoor play periods which provide a balance of quiet and active play, and individual and small group activities. Activities shall provide some free choice experiences;

4. A total of at least one (1) hour of outdoor play for children in attendance a full day unless prevented by weather or special medical reasons. (Based on wind chill factor or heat index, children shall not be exposed to either extreme element.);

5. Toileting and handwashing times;

6. Regular snack and meal times;

7. A supervised nap or rest period for preschool children after the noon meal;

8. A quiet time for school-age children after the noon meal with a cot or bed available for those who wish to nap or rest; and 9. A study time for school-age children who choose to do homework, with a separate, quiet work space.

(C) Daily activities for infants and toddlers shall include— 1. Developmental and exploratory play experiences and free choices of play appropriate to the interests, needs, and desires of infants and toddlers;

2. Regular snack and meal times according to each infant’s individual feeding schedule as stated by the parent(s);

3. Supervised “tummy time” for children under one (1) year of age to promote healthy development;

4. A supervised nap period that meets the child’s individual needs shall meet the following requirements:

A. A child under twelve (12) months of age shall be placed on his/her back to sleep;

B. An infant’s head and face shall remain uncovered during sleep;

C. Infants unable to roll from their stomachs to their backs and from their backs to their stomachs shall be placed on their backs when found face down. When infants can easily turn from their stomachs to their backs and from their backs to their stomachs, they shall be initially placed on their backs, but shall be allowed to adopt whatever positions they prefer for sleep;

D. An infant shall not be overdressed when sleeping to avoid overheating. Infants should be dressed appropriately for the environment, with no more than one (1) layer more than an adult would wear to be comfortable in that environment;

E. When, in the opinion of the infant’s licensed health care provider, an infant requires alternative sleep positions or special sleeping arrangements that differ from those set forth in this rule, the provider shall have on file at the facility written instructions, signed by the infant’s licensed health care provider, detailing the alternative sleep positions or special sleeping arrangements for such infant. The caregiver(s) shall put the infant to sleep in accordance with such written instructions;

F. Pacifiers, if used, shall not be hung around the infant’s neck. Pacifier mechanisms or pacifiers that attach to infant clothing shall not be used with sleeping infants;

G. After awakening, an infant may remain in the crib as long as s/he is content, but never for periods longer than thirty (30) minutes; and H. Toddlers shall be taken out of bed for other activities when they awaken;

5. Individual attention and play with caregivers, including holding, cuddling, talking, and singing;

6. Opportunities for sensory stimulation which includes visual stimulation through pictures, books, toys, nonverbal communication, games, and the like; auditory stimulation through verbal communication, music, toys, games, and the like; and tactile stimulation through surfaces, fabrics, toys, games, and the like;

7. Encouragement in the development of motor skills by providing opportunities for supervised “tummy time,” reaching, grasping, pulling up, creeping, crawling, and walking; and 8. Opportunity for outdoor play when weather permits.

Filed Jan. 28, 2011, effective July 30, 2011. Emergency amendment filed Nov. 10, 2015, effective Nov. 20, 2015, expired May 17, 2016.

Amended: Filed Nov. 10, 2015, effective April 30, 2016. Moved to 5 CSR 25-500.182, effective Aug. 30, 2021. Amended: Filed June 7, 2023, effective Jan. 30, 2024. 210.221, RSMo 1949, amended 1955, 1987, 1993, 1995, 1999, 2015, 2019, 2020, 2022; and 210.223, RSMo 2015, amended 2022.

History

• AUTHORITY: section 161.092, RSMo 2016, and sections 210.221 and 210.223, RSMo Supp. 2023. This rule previously filed as 13 CSR 40-62.170, 13 CSR 40-62.182, and 19 CSR 40-62.182. Original rule filed March 29, 1991, effective Oct. 31, 1991. Changed to 19 CSR 40- 62.182, effective Dec. 9, 1993. Changed to 19 CSR 30-62.182 July 30, 1998. Amended: Feb. 18, 1999, effective Sept. 30, 1999. Amended:

5 CSR 25-500.192 Health Care {#sec-5-csr-25-500.192 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-500.192}

PURPOSE: This rule sets forth the requirements for reporting communicable diseases, caring for a child when ill, medication, emergency care and handwashing.

(1) General Requirements. The provider shall report to the local health department if any child in the facility is suspected of having a reportable disease as defined by section 210.003, RSMo. In the event of an outbreak of communicable disease in the facility, caregivers shall implement control measures recommended by a local state health authority as required by the department.

(2) The Ill Child.

(A) Each child shall be observed for contagious diseases and for other signs of illness on arrival and throughout the day.

(B) Each child’s parent(s) shall be notified immediately when any contagious disease occurs in the facility.

(C) Unusual behavior shall be monitored closely and parent(s) shall be contacted if the behavior continues or if other symptoms develop. These behaviors include, but shall not be limited to:

1. Is cranky or less active than usual;

2. Cries more than usual;

3. Feels general discomfort or seems unwell; or 4. Has loss of appetite.

(D) The parent(s) or his/her designee shall be contacted when signs of illness are observed. Unless determined otherwise by the parent(s) or provider, a child with no more than one (1) of the following symptoms may remain in care:

1. A child with a temperature of up to one hundred degrees Fahrenheit (100°F) by mouth or ninety-nine degrees Fahrenheit (99°F) under the arm;

2. After an illness has been evaluated by a physician, medication has been prescribed and any period of contagion has passed as determined by a licensed physician;

3. When it has been determined that a child has a common cold unless the director and the parent(s) agree that isolation precautions should be taken;

4. When a child has vomited once with no further vomiting episodes, other symptoms, or both; or 5. When a child has experienced loose stools only one (1) time with no further problems or symptoms.

(E) If children exhibit any of the following symptoms, they must be sent home:

1. Diarrhea—more than one (1) abnormally loose stool. If a child has one (1) loose stool, s/he shall be observed for additional loose stools or other symptoms;

2. Severe coughing—if the child gets red or blue in the face or makes high-pitched croupy or whooping sounds after coughing;

3. Difficult or rapid breathing (especially important in infants under six (6) months);

4. Yellowish skin or eyes;

5. Pinkeye—tears, redness of eyelid lining, irritation, followed by swelling or discharge of pus;

6. Unusual spots or rashes;

7. Sore throat or trouble swallowing;

8. An infected skin patch(es)—crusty, bright yellow, dry or gummy areas of the skin;

9. Unusually dark, tea-colored urine;

10. Grey or white stool;

11. Fever over one hundred degrees Fahrenheit (100°F) by mouth or ninety-nine degrees Fahrenheit (99°F) under the arm;

12. Headache and stiff neck;

13. Vomiting more than once; and 14. Severe itching of the body or scalp, or scratching of the scalp. These may be symptoms of lice or scabies.

(F) Parental contact and the decision made shall be recorded and filed in the child’s record.

(G) The ill child shall be kept isolated from the other children until the parent(s) arrives.

(H) The caregiver shall be in close proximity to the child until the parent(s) arrives. Close proximity means that a caregiver is close enough to hear any sounds a child might make that would indicate a need for assistance.

(3) Medication.

(A) The provider is not required to administer medication but may choose to do so.

(B) All medication shall be given to a child only with the dated, written permission of the parent(s) stating the length of time medication may be given.

(C) Prescription medication shall be in the original container and labeled with the child’s name, instructions for administration, including the times and amounts for dosages and the physician’s name. This may include sample medication provided by a physician.

(D) All nonprescription medication shall be in the original container and labeled by the parent(s) with the child’s name, and instructions for administration, including the times and amounts for dosages.

(E) All medication shall be stored out of reach of children or in a locked container.

(F) Medication shall be returned to storage immediately after use.

(G) Medication needing refrigeration shall be kept in the refrigerator in a container separate from food.

(H) Medication shall be returned to the parent(s) or disposed of immediately when no longer needed.

(I) The date and time(s) of administration, the name of the individual giving the medication and the quantity of any medication given shall be recorded promptly after administration.

This information shall be filed in the child’s record after the medication is no longer necessary.

(4) Immunizations.

(A) No child shall be permitted to enroll in or attend any day care facility caring for ten (10) or more children unless the child has been immunized adequately against vaccine-preventable childhood illnesses specified by the department in accordance with recommendations of the Immunization Practices Advisory Committee (ACIP). The parent or guardian of the child shall provide satisfactory evidence of the required immunizations.

Satisfactory evidence means a statement, certificate or record from a physician or other recognized health facility or personnel, stating that the required immunizations have been given to the child and verifying the type of vaccine and the month, day and year of administration.

(B) A child who has not completed all immunizations appropriate for his/her age may enroll, if— 1. Satisfactory evidence is produced that the child has begun the process of immunization (see form at 19 CSR 40- 61.185). The child may continue to attend as long as the immunization process is being accomplished according to the ACIP/ Missouri Department of Health recommended schedule; or 2. The parent(s) or guardian has signed and placed on file with the day care administrator a statement of exemption which may be either of the following:

A. A medical exemption (see form at 19 CSR 40-61.185), by which the child shall be exempted from immunization requirements upon certification by a licensed physician that the immunization would seriously endanger the child’s health or life; or B. A parent or guardian exemption, by which a child shall be exempted from immunization requirements if one (1) parent or guardian files a written objection to immunization with the day care administrator. Exemptions shall be accepted by the day care administrator when the necessary information as determined by the department is filed with the day care administrator by the parent or guardian. Exemption forms shall be provided by the department (see 19 CSR 40-61.185).

(C) In the event of an outbreak or suspected outbreak of a vaccine-preventable disease in the facility, the administrator of the facility shall follow the control measures instituted by the local health authority or the department, or both the local health authority and the department.

(D) The administrator of each day care facility shall prepare a record of immunization of each child enrolled in or attending the facility. An annual summary report shall be made by January 15 showing the immunization status of each child enrolled, using forms provided by the department (see 19 CSR 40- 61.185). The immunization records shall be available for review by department personnel upon request.

(5) Accidents, Injuries and Emergency Medical Care.

(A) In case of accident or injury to a child, the provider shall notify the parent(s) immediately. If the child requires emergency medical care, the provider shall follow the parent’s(s’) written instructions.

(B) Information regarding the date and circumstance of any accident or injury shall be noted in the child’s record.

(C) When planning for activities away from the facility, the provider shall establish a procedure for handling emergencies.

(6) Handwashing.

(A) Caregivers shall wash their hands with soap and running water after toileting or assisting a child with toileting, after diapering a child, before food preparation or serving of food and at other times as needed.

(B) Caregivers shall teach children to wash their hands before eating and after toileting. previously filed as 13 CSR 40-62.192 and 19 CSR 40-62.192. Original 40-62.192, effective Dec. 9, 1993. Emergency amendment filed Aug. 18, 1993, effective Aug. 28, 1993, expired Dec. 25, 1993. Emergency amendment filed Jan. 4, 1994, effective Jan. 14, 1994, expired May 13, 1994. Amended: Filed Aug. 18, 1993, effective April 9, 1994.

Changed to 19 CSR 30-62.192 July 30, 1998. Moved to 5 CSR 25- 500.192, effective Aug. 30, 2021.

5 CSR 25-500.202 Nutrition and Food Service {#sec-5-csr-25-500.202 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-500.202}

PURPOSE: This rule provides the requirements for nutritious meals, snacks and methods of food service.

(1) General Requirements.

(A) The provider shall supply and serve nourishing food according to the Meal and Snack Food Chart provided in this rule.

(B) The required meal schedule shall include breakfast or a midmorning snack, lunch and a midafternoon snack for children in care during daytime hours, with a maximum time of four (4) hours between any meal or snack. School-age children shall be served a snack after school.

(C) Children in care during evening hours shall be served a snack. Upon parental request, children in care during evening hours shall be served supper and children spending the night shall be served breakfast.

(D) Snacks of fruit juice, raw fruit or vegetable, milk, crackers, cheese, peanut butter or similar nutritious food shall be served.

(E) One (1) serving of fluid milk shall be served with each meal.

(F) If the facility is licensed exclusively for school-age care, the child may be permitted to bring sack meals. The provider shall supply one (1) serving of fluid milk with each sack meal and shall supply nutritious snacks.

(G) The acceptable food components and serving sizes for meals and snacks are outlined in the following chart for each age group. Menus and amounts served shall be based on this chart.

Meal and Snack Food Chart Age Age Age Food Components 1 and 2 3 through 5 6 through 12 BREAKFAST Requirements— Fluid Milk*** 1/2 cup 3/4 cup 1 cup Juiceor Fruit or Vegetable 1/4 cup 1/2 cup 1/2 cup 1 serving from each of the Bread or Bread 3 food components Alternate* 1/2 slice* 1/2 slice* 1 slice* SNACK Requirement— Fluid Milk* 1/2 cup 1/2 cup 1 cup 2 servings Juiceor Fruit or selected from 2 of the Vegetable 1/2 cup 1/2 cup 3/4 cup 4 food components Meat or Meat Alternate* 1/2 ounce 1/2 ounce 1 ounce 1 serving from the Bread or Bread bread component Alternate* 1/2 slice* 1/2 slice* 1 slice* LUNCH/SUPPER Requirement— 1 serving of milk Fluid Milk* 1/2 cup 3/4 cup 1 cup component MEAT/MEAT ALTERNATE 1 serving from the Meat, Poultry, or Fish or 1 ounce 1 1/2 ounces 2 ounces meat/meat alternate Cheese or 1 ounce 1 1/2 ounces 2 ounces component Egg or 1 1 1 Cooked Dry Beans and Peas or 1/4 cup 3/8 cup 1/2 cup Peanut Butter 2 tablespoons 3 tablespoons 4 tablespoons FRUIT/VEGETABLE 2 servings from 1 Vegetable and 1/4 cup total 1/2 cup total 3/4 cup total the fruit/vegetable 1 Fruit or component: 2 Different Vegetables or 2 Different Fruits 1 serving Bread or 1/2 slice* 1/2 slice* 1 slice* Bread from the Alternate* bread component. *Or an equivalent serving of an acceptable bread alternate such as cornbread, biscuits, rolls, muffins, cereal, rice, pasta and the like. **All fruit juice shall be one hundred percent (100%) fruit juice. ***See subsection (1)(H) for acceptable milk supply.

(H) The water and milk supply, and the method of dispensing, shall be approved by local or state health authorities, or both.

Powdered milk shall not be used except for cooking purposes.

Milk substitutes shall not be used for drinking or cooking.

(I) State or local rules, or both, governing food service sanitation shall be maintained in the storage, preparation and service of foods.

(J) Mealtime atmosphere shall be enjoyable and relaxed. No child shall be forced to eat, but shall be encouraged to set his/ her own pace according to personal preferences.

(K) Menus shall be available to parents upon request.

(L) Drinking water shall be located conveniently near playrooms and the playground so children may be free to drink as they wish. Water fountains or individual cups shall be used.

(2) Nutrition and Food Service for Infants Up to Twelve (12)

Months of Age.

(A) The provider shall serve nourishing foods appropriate for the infant’s nutritional requirements and developmental stages as specified by his/her parent(s) in a written diet plan.

(B) The written diet plan for each infant/toddler shall be followed. The parent(s) shall update the plan according to the individual needs of the child until they grant permission in writing for the child to eat table foods.

(C) If preferred, formulas and special baby foods may be provided by the parent(s) with individual identification on each container.

(D) Until infants can hold a bottle comfortably, they shall be held by a caregiver during bottle feeding. Bottles shall not be propped.

(E) When an infant/toddler shows evidence of wanting to feed him/herself, the child shall be encouraged and permitted to do so. previously filed as 13 CSR 40-62.180, 13 CSR 40-62.202 and 19 CSR 40-62.202. Original rule filed March 29, 1991, effective Oct. 31, 1991. Changed to 19 CSR 40-62.202, effective Dec. 9, 1993. Changed to 19 CSR 30-62.202 July 30, 1998. Moved to 5 CSR 25-500.202, effective Aug. 30, 2021.

5 CSR 25-500.212 Transportation and Field Trips {#sec-5-csr-25-500.212 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-500.212}

PURPOSE: This rule sets forth the requirements of a day care provider when transporting children and on field trips.

(1) General Requirements.

(A) The provider shall be responsible for the care, safety and supervision of children on field trips or at any time they transport children away from the facility.

(B) Written parental consent shall be on file at the facility for field trips and transportation.

(C) Parents shall be informed when field trips are planned.

(D) Short, unscheduled walks may be taken without parent notification. These unscheduled outings shall be discussed with the parent(s) at the time of enrollment.

(2) Vehicle and Vehicle Operator.

(A) The driver of any vehicle used to transport children shall be no less than eighteen (18) years of age and shall have a valid driver’s license as required by Missouri law.

(B) All vehicles used to transport children shall be licensed in accordance with Missouri law.

(C) Children shall not be transported in campers, trailers or in the back of trucks.

(3) Safety and Supervision.

(A) All children shall be seated in a permanent seat and restrained by seat belts or child restraint devices as required by Missouri law.

(B) Identifying information regarding the name of the provider, the names of the children and the names, addresses and telephone numbers of each child’s parent(s) shall be carried in the vehicle.

(C) Staff/child ratios shall be maintained at any time the provider transports children away from the facility.

(D) Children shall be required to remain seated while the vehicle is in motion.

(E) Doors shall be locked when the vehicle is moving.

(F) Order shall be maintained in the vehicle at all times.

(G) Children shall not be left unattended in a vehicle at any time.

(H) Children shall enter and leave the vehicle from the curbside unless the vehicle is in a protected area or driveway.

(I) Children shall be assisted, when necessary, while entering or leaving the vehicle.

(J) Children shall be released only to the parent(s) or individual(s) authorized by the parent(s).

(K) The operator of the vehicle shall wait until the child is in the custody of the parent(s) or individual(s) authorized by the parent(s) to receive the child.

(L) Head counts shall be taken before leaving the facility, after entering the vehicle, during a field trip, after taking the children to bathrooms, after returning to the vehicle and when back at the facility.

(M) When children leave the vehicle, the vehicle shall be inspected to ensure that no children are left on or under seats. previously filed as 13 CSR 40-62.212 and 19 CSR 40-62.212. Original 40- 62.212, effective Dec. 9, 1993. Changed to 19 CSR 30-62.212 July 30, 1998. Moved to 5 CSR 25-500.212, effective Aug. 30, 2021.

5 CSR 25-500.222 Records and Reports {#sec-5-csr-25-500.222 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-500.222}

PURPOSE: This rule lists records and reports which must be on file at the facility.

(1) The child care provider shall maintain accurate records to meet administrative requirements and to ensure knowledge of the individual needs of children and their families.

(2) An individual file shall be kept to identify each child and enable the provider to communicate with the parent(s), guardian, or legal custodian of the child in an emergency.

Records shall include:

(A) The child’s full name, address, birthdate, and the date care begins and ends;

(B) Full name of the parent(s), guardian or legal custodian, home address, employers’ name and address, work schedule, and home and work telephone numbers;

(C) Name, address, and telephone number of another individual (friend or relative) who might be reached in an emergency when the parent(s), guardian, or legal custodian cannot be reached;

(D) Name and phone number of the family physician, hospital, or both, to be used in an emergency;

(E) Name of the individual(s) authorized to take the child from the facility; and (F) Field trip and transportation authorization.

(3) Health information shall be retained in each child’s individual file and shall include:

(A) A medical examination report for each infant, toddler, or preschool child or a health report for each school-age child as required by 5 CSR 25-500.122 Medical Examination Reports;

(B) Written parental authorization for medications and a record of medications administered;

(C) Information concerning any accident or injury to the child while at the facility or any emergency medical care; and (D) Any significant information learned from observing the child.

(4) Individual children’s records shall be retained a minimum of one (1) year after the child discontinues attendance.

(5) Daily child attendance records shall be maintained and kept on file a minimum of one (1) year.

(6) Daily staff and volunteer attendance records shall be maintained and kept on file a minimum of one (1) year.

(7) All enrollment records, medical examination records, and attendance records shall be filed in a place known to caregivers and shall be accessible at all times. Records shall not be in a locked area or removed from the facility during the hours the facility is open and operating.

(8) A copy of qualifying background screening results shall be kept on file for child care staff members, as required by 5 CSR 25- 600.020 General Requirements.

(9) All records of children shall be confidential, protected from unauthorized examination, and available to the parent(s) upon request.

(10) All records shall be available in the facility for inspection by the department upon request.

(11) Records and reports shall be submitted to the department as required. and 210.1080, RSMo Supp. 2021.* This rule previously filed as 13 CSR 40-62.190, 13 CSR 40-62.222, and 19 CSR 40-62.222. Original

rule filed March 29, 1991, effective Oct. 31, 1991. Changed to 19 CSR 40-62.222, effective Dec. 9, 1993. Emergency amendment 9, 1994. Changed to 19 CSR 30-62.222 July 30, 1998. Amended:

Filed Feb. 18, 1999, effective Sept. 30, 1999. Emergency amendment filed Feb. 15, 2019, effective Feb. 25, 2019, expired Aug. 23, 2019.

Amended: Filed Feb. 15, 2019, effective Aug. 30, 2019. Moved to 5 CSR 25-500.222, effective Aug. 30, 2021. Amended: Filed Oct. 12, 2021, effective May 30, 2022. 210.221.1(3), RSMo 1949, amended 1955, 1987, 1993, 1995, 1999, 2015, 2019, 2020; and 210.1080, RSMo 2018, amended 2019, 2020.

5 CSR 25-500.230 Variance Request {#sec-5-csr-25-500.230 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-500.230}

PURPOSE: This rule explains how a provider may request a variance from the rules of this chapter.

(1) Any provider may request a variance from a rule. The request for a variance shall be submitted in writing to the department and shall include the rule(s) for which a variance is requested and the reason(s) the provider requests the variance.

The department shall approve any variance request that does not endanger the health or safety of the children served by the facility.

(2) If a variance request is not approved by the department, the provider shall be advised in writing of the basis for the denial. The provider may request a review of the decision by the commissioner within thirty (30) calendar days of receipt of notification of the denial. The commissioner or designee shall have fifteen (15) business days to make the final determination on the variance request. That determination is subject to

Chapter 536, RSMo, review for licensed facilities.

RSMo Supp. 2021.* This rule previously filed as 19 CSR 40-62.230.

Emergency rule filed Aug. 27, 1993, effective Sept. 5, 1993, expired Jan. 2, 1994. Emergency rule filed Jan. 4, 1994, effective Jan. 14, 1994, expired May 13, 1994. Original rule filed Aug. 27, 1993, effective April 9, 1994. Changed to 19 CSR 30-62.230 July 30, 1998.

Moved to 5 CSR 25-500.230, effective Aug. 30, 2021. Amended:

Filed Oct. 12, 2021, effective May 30, 2022. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014, and

Chapter 600 Child Care Comprehensive Background Screening

5 CSR 25-600.010 Definitions {#sec-5-csr-25-600.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-600.010}

PURPOSE: This rule provides definitions to be used in the interpretation and enforcement of 19 CSR 30-63.

(1) Child care provider is a person licensed, regulated, or registered to provide child care within the state of Missouri, including the member(s), manager(s), shareholder(s), director(s), and officer(s) of any entity licensed, regulated, or registered to provide child care within the state of Missouri.

(2) Child care staff member is a child care provider; persons employed by the child care provider for compensation, including contract employees or self-employed individuals; individuals or volunteers whose activities involve the care or supervision of children for a child care provider or unsupervised access to children who are cared for or supervised by a child care provider; or individuals residing in a family child care home who are eighteen (18) years of age and older.

(3) Commissioner is the Commissioner of Education for the Missouri Department of Elementary and Secondary Education.

(4) Criminal background check includes the following:

(A) A Federal Bureau of Investigation fingerprint check;

(B) A search of the National Crime Information Center’s National Sex Offender Registry; and (C) A search of the following registries, repositories, including the Family Care Safety Registry, or databases in Missouri, the state where the child care staff member resides, and each state where such staff member resided during the preceding five (5) years:

1. The state criminal registry or repository, with the use of fingerprints being required in the state where the staff member resides and optional in other states;

2. The state sex offender registry or repository; and 3. The state-based child abuse and neglect registry and database.

(5) Department is the Missouri Department of Elementary and Secondary Education.

(6) Qualifying result or qualifying criminal background check is a finding that a child care staff member or prospective child care staff member is eligible for employment or presence in a child care setting. 63.010. Emergency rule filed Feb. 15, 2019, 2019. Original rule filed Feb. 15, 2019, effec- Aug. 31, 2020, effective Feb. 28, 2021. Moved to 5 CSR 25-600.010, effective Aug. 30, 2021.

Amended: Filed Oct. 8, 2021, effective May 30, 2022.

5 CSR 25-600.020 General Requirements {#sec-5-csr-25-600.020 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-600.020}

PURPOSE: This rule requires child care staff members to complete criminal background screening and have a qualifying result pursuant to section 210.1080, RSMo.

(1) Prior to the employment or presence of a child care staff member in a licensed, regulated, or registered child care facility not exempted by section 210.1080.13, RSMo, the child care provider shall request the results of a criminal background check for such child care staff member from the department.

(2) A prospective child care staff member may begin work for a child care provider if:

(A) The prospective child care staff member has received notice from the department that the individual is eligible for employment or presence in a child care setting; or (B) The prospective child care staff member has received notice from the department that the individual is temporarily eligible for employment or presence in a child care setting based on the qualifying results of either a Federal Bureau of Investigation fingerprint check or a search of the Missouri criminal registry or repository with the use of fingerprints. Pending completion of the criminal background check, an individual working with a temporary eligibility notice shall be supervised at all times by a child care staff member who received a qualifying result on the criminal background check within the past five (5) years.

(3) Child care providers shall request the results of a criminal background check for all child care staff members, unless the requirements of section (4) of this rule are met by the child care provider and proof is submitted to the department.

(4) A child care provider shall not be required to submit a request for a criminal background check for a child care staff member if— (A) The staff member received a qualifying criminal background check within five (5) years before the latest date on which such a submission may be made and while employed by or seeking employment by another child care provider within Missouri;

(B) The first provider received a qualifying criminal background check result, consistent with this chapter, for the staff member; and (C) The staff member is employed by a child care provider within Missouri or has been separated from employment from a child care provider within Missouri for a period of not more than one hundred eighty (180) consecutive days; or (D) The individual meets the definition of child care provider, but is not responsible for the oversight or direction of the child care facility and does not have independent access to the child care facility. Such staff members shall be accompanied by an individual with a qualifying criminal background check in order to be present at the child care facility during child care hours.

(5) Criminal background checks shall be completed for each child care staff member every five (5) years. 63.020. Emergency rule filed Feb. 15, 2019, 2019. Original rule filed Feb. 15, 2019, effec- Aug. 31, 2020, effective Feb. 28, 2021. Moved to 5 CSR 25-600.020, effective Aug. 30, 2021. Amended: Filed Oct. 8, 2021, effective

5 CSR 25-600.030 Criminal Background Screening Cost {#sec-5-csr-25-600.030 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-600.030}

PURPOSE: This rule establishes who is responsible for the cost of the criminal background check.

(1) The costs of the criminal background check shall be the responsibility of the child care staff member, but may be paid or reimbursed by the child care provider at the provider’s discretion.

History

• AUTHORITY: section 210.1080, RSMo Supp. 2018. This rule originally filed as 19 CSR 30-63.030. Emergency rule filed Feb. 15, 2019, effective Feb. 25, 2019, expired Aug. 23, 2019. Original rule filed Feb. 15, 2019, effective Aug. 30, 2019. Moved to 5 CSR 25- 600.030, effective Aug. 30, 2021. Original authority: 210.1080, RSMo 2018.

5 CSR 25-600.040 Background Screening Findings {#sec-5-csr-25-600.040 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-600.040}

PURPOSE: This rule establishes who is ineligible for employment and who cannot be present at a family child care home, group child care home, child care center, or licenseexempt facility not subject to 210.1080.9, RSMo.

(1) Any child care staff member or prospective child care staff member shall be ineligible for employment or presence at a licensed, regulated, or registered child care facility not exempted by section 210.1080.13, RSMo, if such person— (A) Refuses to consent to the criminal background check as required by section 210.1080, RSMo;

(B) Knowingly makes a materially false statement in connection with the criminal background check as required by section 210.1080, RSMo;

(C) Is registered, or is required to be registered, on a state sex offender registry or repository or the National Sex Offender Registry;

(D) Is listed as a perpetrator of child abuse or neglect under sections 210.109 to 210.183, RSMo or has any other finding of child abuse or neglect based on any other state’s registry or database; or (E) Has pled guilty or nolo contendere to or been found guilty of— 1. Any felony for an offense against the person as defined in Chapter 565, RSMo;

2. Any other offense against the person involving the endangerment of a child as prescribed by law;

3. Any misdemeanor or felony for a sexual offense as defined in Chapter 566, RSMo;

4. Any misdemeanor or felony for an offense against the family as defined in

Chapter 568, RSMo;

5. Burglary in the first degree as defined in section 569.160, RSMo;

6. Any misdemeanor or felony for robbery as defined in Chapter 570, RSMo;

7. Any misdemeanor or felony for pornography or related offense as defined in

Chapter 573, RSMo;

8. Any felony for arson as defined in

Chapter 569, RSMo;

9. Any felony for armed criminal action as defined in section 571.015, RSMo, unlawful use of a weapon as defined in section 571.030, RSMo, unlawful possession of a firearm as defined in section 571.070, RSMo, or the unlawful possession of an explosive as defined in section 571.072, RSMo;

10. Any felony for making a terrorist threat as defined in section 574.115, 574.120, or 574.125, RSMo;

11. A felony drug-related offense committed during the preceding five (5) years; or 12. Any similar offense in any federal, state, municipal, or other court of similar jurisdiction of which the director of the designated department has knowledge.

(2) Adult household members eighteen (18) years of age and older, or household members who are under eighteen (18) years of age but have been certified as an adult for the commission of an offense, in a family child care home shall be ineligible to maintain a presence at a family child care home during child care hours if any one (1) or more of the provisions of section (1) of this rule applies to them. 63.040. Emergency rule filed Feb. 15, 2019, 2019. Original rule filed Feb. 15, 2019, effec- Aug. 31, 2020, effective Feb. 28, 2021. Moved to 5 CSR 25-600.040, effective Aug. 30, 2021. Amended: Filed Oct. 8, 2021, effective

5 CSR 25-600.050 Process for Appeal Required in Section 210.1080, RSMo {#sec-5-csr-25-600.050 omnilex-key=us-mo-regs-official--title-5--5 CSR 25-600.050}

PURPOSE: This rule sets forth the process for the appeal required in section 210.1080, RSMo.

(1) The prospective child care staff member or child care staff member of a licensed, regulated, or registered child care facility may appeal a finding of ineligibility for employment or presence at a child care facility in writing to the department as allowed by section 210.1080.9, RSMo.

(2) The appeal shall be filed within ten (10) days from the mailing of the notice of ineligibility.

(3) The written appeal shall include the child care staff member’s full name, Social Security number, date of birth, e-mail address, mailing address and zip code, and telephone number, including the area code, where s/he can be reached Monday through Friday, during the hours from 8:00 a.m. through 5:00 p.m. 63.050. Emergency rule filed Feb. 15, 2019, 2019. Original rule filed Feb. 15, 2019, effec- Aug. 31, 2020, effective Feb. 28, 2021. Moved to 5 CSR 25-600.050, effective Aug. 30, 2021. Amended: Filed Oct. 8, 2021, effective (4/30/22) JOHN R. ASHCROFT SECONDARY EDUCATION

Division 30 Division of Financial and Administrative Services

Chapter 4 General Administration

5 CSR 30-4.020 Standards for the Approval of Courses and Administration of Reimbursement for the Education of Persons Under Veterans’ Education, Vocational Rehabilitation, Job Training Partnership Act, P.L. 97-300 and Other Employment Training Funding Sources Contracting With the State Board of Education {#sec-5-csr-30-4.020 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-4.020}

5 CSR 30-4.040 Annual Public Reporting of Information by School Districts {#sec-5-csr-30-4.040 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-4.040}

5 CSR 30-4.050 Local School District Application for Exemption Under the School Start AND SECONDARY EDUCATION ADMINISTRATIVE SERVICES SECONDARY EDUCATION Administrative Services {#sec-5-csr-30-4.050 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-4.050}

5 CSR 30-4.010 General Provisions for Federal Programs {#sec-5-csr-30-4.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-4.010}

(Rescinded August 30, 2003)

Amended: Filed July 23, 1982, effective Nov. 15, 1982. Rescinded:

Filed Jan. 14, 2003, effective Aug. 30, 2003.

History

• AUTHORITY: section 178.430, RSMo 1986. Original rule filed Dec. 24, 1975, effective Jan. 3, 1976. Amended: Filed May 13, 1976, effective Sept. 1, 1976. Amended: Filed May 12, 1978, effective Aug. 14, 1978. Amended: Filed Aug. 13, 1980, effective Nov. 14, 1980.

5 CSR 30-4.020 Standards for the Ap proval of Courses and Administration of Reimbursement for the Education of Persons Under Veterans’ Education, Vocational Rehabilitation, Job Training Partnership Act, P.L. 97-300 and Other Employment Training Funding Sources Contracting With the State Board of Education {#sec-5-csr-30-4.020 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-4.020}

(Rescinded February 28, 2001)

Amended: Filed June 1, 1992, effective Feb. 26, 1993. Rescinded:

Filed July 7, 2000, effective Feb. 28, 2001.

History

• AUTHORITY: sections 161.172, 178.430, 178.590 and 178.610, RSMo 1986 and 178.530, RSMo Supp. 1991. Original rule filed May 20, 1981, effective Nov. 16, 1981. Amended: Filed Aug. 13, 1982, effective Nov. 15, 1982. Amended: Filed Nov. 1, 1983, effective March 15, 1984. Amended: Filed July 17, 1990, effective Dec. 31, 1990.

5 CSR 30-4.030 Audit Policy and Requirements {#sec-5-csr-30-4.030 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-4.030}

PURPOSE: This rule establishes a comprehensive policy for public local education agencies (LEAs). This policy outlines the purposes of audits, the responsibilities various parties have in the audit and the audit review process, relationships in this process, minimum audit requirements, and procedures the Department of Elementary and Secondary Education (department) follows in resolving any question or problem which may be disclosed by the audit.

PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) For the purpose of this rule, unless the context clearly requires otherwise, the following terms shall mean:

(A) Local Education Agency (LEA). Public school district or charter school and, for the purpose of this rule, charter school includes non-LEA charter schools; and (B) Board. Public school district board of education or charter school board of directors.

(2) Audits of LEAs are primarily intended to express an auditor’s opinion on the fairness of presentation of the financial statements. Audits also provide an independent review of financial operations, systems of internal control, and compliance with relevant state and federal laws and regulations.

(A) The financial statements must be prepared in accordance with Generally Accepted Accounting Principles (GAAP) (accrual

basis); or Other Comprehensive Basis Of Accounting (OCBOA) such as cash, modified cash, or modified accrual; or a basis of accounting required by state law.

(3) Responsibilities in the audit process are shared by the board, the independent auditor contracted by the board, and the Department of Elementary and Secondary Education (department).

(4) The board’s responsibilities are as follows:

(A) Each board is responsible for defining an appropriate scope of the audit.

1. At a minimum, the audit must include the LEA’s:

A. General, special revenue, debt service, and capital projects funds;

B. Fiduciary funds;

C. Proprietary funds; and D. Component units (unless a component unit issues its own audited financial statements).

2. A Single audit of federal funds expended by the LEA may be required. State law provides for the acceptance of federal acts and funds and for its necessary administration and supervision. Audit requirements are a part of federal acts and the implementing regulations adopted by the administering federal agencies.

A. All LEAs that expend a total amount of federal awards equal to, or in excess of, the amount specified in Office of Management and Budget (OMB) Uniform Grant Guidance 2 CFR

Part 200 as the single audit threshold or such other amount specified by the federal director of the OMB in any fiscal year shall either have a single audit or a program-specific audit made for such fiscal year in accordance with the requirements of The Single Audit Act Amendments of 1996, OMB Uniform Grant Guidance 2 CFR Part 200 and the Government Auditing Standards.

B. All LEAs that expend a total amount of federal awards of less than the amount specified in OMB Uniform Grant Guidance 2 CFR Part 200 as the single audit threshold or such other amount specified by the director of the OMB in any fiscal year shall be exempt for such fiscal year from compliance with The Single Audit Act Amendments of 1996. However, the LEA must make the records available for review or audit by appropriate officials of the appropriate federal agency, department, and the Government Accountability Office (GAO).

Also, these LEAs shall be required to have an audit performed in accordance with Government Auditing Standards.

3. All audits shall be single entity reports completed based on a July 1 to June 30 fiscal year on an annual basis except for non-LEA charter schools that are part of an LEA.

Non-LEA charter schools that are part of an LEA shall have an independent audit report as a single entity separate from the LEA audit report.

4. LEAs that cease operations are not exempt from the audit requirements. A final audit of the LEA’s activities through the date it ceases operations must be performed and submitted to the department as otherwise described in this rule;

(B) Each board is responsible for procuring audit services.

Audit services should be competitively bid in accordance with (12/31/22) John R. Ashcroft ADMINISTRATIVE SERVICES AND SECONDARY EDUCATION LEA procurement policy.

1. Each board is responsible for procuring an independent auditor who holds a current permit to practice public accounting in the state of Missouri and meets the requirements for continuing professional education and peer review, as defined by the regulations of the Missouri State Board of Accountancy and Government Auditing Standards. Subcontractors must also meet these requirements.

2. When the board requests proposals for audit services, the objectives and scope of the audit must be made clear. The LEA must request a copy of the audit organization’s peer review report, which the auditor is required to provide under the Government Auditing Standards.

3. Auditors performing single audits pursuant to OMB Uniform Grant Guidance 2 CFR Part 200 must not be suspended or debarred from doing business with the federal government;

(C) The board audit report shall be submitted to the department by LEA officials no later than December 31 of each year. If the audit is not received by the deadline, all funds disbursed by the department to the LEA may be withheld until the audit is received;

(D) The board is responsible for transmitting one (1) copy of the board-approved audit report; the related management letter, if one is prepared by the independent auditor; all other documentation or records as required by the department; a copy of the final approved signed board minutes or board resolution, indicating approval of the audit report to the department; and other copies of the audit report as required by federal laws and regulations to the appropriate agency(ies).

The management letter (if applicable) and a copy of the final approved signed board minutes or board resolution indicating approval of the audit report must be received by the department before the audit file is considered complete for the fiscal year.

1. The audit report related management letter, and copy of the final approved signed board minutes or board resolution must be submitted electronically to the department by the board as designated by the department. All signatures that would normally be included on the hard copy document must be present on the electronic document. Documents with scanned signatures are acceptable. Copies of unsigned audit reports, management letters, or board minutes or resolutions are not acceptable.

2. Revisions to an audit report may also be submitted electronically to the department but must be accompanied by a signed statement from the independent auditor on the firm’s letterhead explaining the reason for the revision;

(E) LEAs that have a single audit performed and have federal findings or questioned costs shall submit the LEA’s Corrective Action Plan prepared in accordance with OMB Uniform Grant Guidance 2 CFR Part 200 with their audit report and management letter as stated above.

1. The corrective action plan must be included with the audit report;

(F) The board must notify the department’s Financial and Administrative Services Division if fraud or embezzlement is discovered during the course of the audit;

(G) The board must prepare financial statements that reflect its financial position, notes to the financial statements, and assertions related to compliance with state and federal laws and regulations;

(H) Each board is responsible for ensuring implementation of audit recommendations as appropriate and resolving any questions or discrepancies disclosed by the audit or noted by the department; and (I) The board is responsible for the accuracy of the audited financial statements.

(5) The independent auditor is responsible for conducting the audit in accordance with generally accepted auditing standards, government auditing standards, federal audit requirements, and the department audit guidelines as contained or referenced in this rule; submitting the audit report to the client board; and assisting in resolving questions or problems that may be disclosed by the audit. Depending on the contract or agreement the LEA has with its independent auditor, this assistance may require additional compensation to be paid to the auditor.

(A) LEA audits must contain at a minimum the following:

1. A statement of the scope of examination;

2. A statement as to whether the audit was conducted in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States;

3. The independent auditor’s opinion as to whether the financial statements included in the audit report present fairly the results of the operations during the period audited;

4. A statement as to whether the financial statements accompanying the audit report were prepared in accordance with generally accepted accounting principles or another comprehensive basis of accounting;

5. The reason or reasons an opinion is not rendered in the event the independent auditor is unable to express an opinion with respect thereto;

6. Except for charter schools, the independent auditor’s opinion as to whether the LEA’s budgetary and disbursement procedures conform to the requirements of Chapter 67, RSMo;

7. The independent auditor’s opinion as to whether attendance and transportation records are so maintained by the LEA as to disclose accurately average daily attendance and average daily transportation of pupils during the period of the audit;

8. The schedule of selected statistics, as specified annually by the department; and 9. Financial statements presented in such form as to disclose the operations of each fund of the LEA and a statement of the operations of all funds.

(6) The department has the general responsibility to receive and review audits and to verify that minimum audit requirements have been met. Specific responsibilities within the department are assigned as follows:

(A) Questions regarding audit reports and any audit problems, discrepancies, or findings are generally resolved by the department directly with the administrative staff at the LEA. However, in some cases, department staff may communicate directly with the LEA’s auditor. Department staff may communicate with the federal cognizant agency (typically, the U.S. Department of Education) regarding compliance with various federal requirements. The cognizant agency has the

1. Department staff preliminarily review the audit to determine if the audit generally conforms to state and federal requirements referenced in this rule.

2. LEAs that receive an audit with a disclaimer of AND SECONDARY EDUCATION ADMINISTRATIVE SERVICES opinion shall institute corrective measures to ensure that the subsequent audit does not contain a disclaimer of opinion. If a disclaimer of opinion is rendered on the subsequent audit, the audit shall be deemed unacceptable and all funds disbursed by the department to the LEA may be withheld until such time as the LEA demonstrates to the department that the situation resulting in the disclaimer of opinion has been corrected by the LEA.

3. Audit reports containing an adverse opinion are evaluated by department staff. Depending on the reasons for the adverse opinion, the department may require the LEA to provide evidence that corrective action has been or is being taken to eliminate the adverse opinion from future reports.

If corrective action is not taken as deemed necessary by the department and an adverse opinion is rendered on the subsequent audit, the audit shall be deemed unacceptable and all funds disbursed by the department to the LEA may be withheld until such time as the LEA demonstrates to the department that the situation resulting in the adverse opinion has been corrected by the LEA.

4. Department staff will review a sample of audits via a formal desk review for adherence to the appropriate audit requirements (The Single Audit Act Amendments of 1996; OMB Uniform Grant Guidance 2 CFR Part 200; Government Auditing Standards, as well as the state requirements) included or referenced in this rule.

A. Any deficiencies with the audit, during this phase, are communicated to LEA officials and/or the independent auditor depending on the severity and type of deficiency noted. Resolution of desk review items should occur within the time frame provided by the department in the written communication with the LEA or the independent auditor.

Failure to address noted deficiencies may result in the withholding of funds disbursed by the department to the LEA.

Severe deficiencies and/or inaction by the LEA’s independent auditor may result in the reporting of the independent auditor to the Missouri State Board of Accountancy.

B. Review of the independent auditor’s working papers may be conducted by the department as deemed appropriate to ensure appropriate work has been performed to support statements, opinions, findings of the independent auditor.

Auditors may be requested to provide their most recent peer review report to the department.

5. For audits conducted in accordance with OMB Uniform Grant Guidance 2 CFR Part 200, federal findings and questioned costs and the related Corrective Action Plan are circulated to the appropriate department program sections for follow-up with the LEA.

A. The program sections, both federal and state, are responsible for addressing relevant portions of the audit including follow-up with LEA officials and their independent auditors to resolve any questions, discrepancies, or audit findings.

B. The appropriate program section shall issue a written management decision to the LEA indicating approval/ disapproval of the LEA’s Corrective Action Plan. This must take place within six (6) months from the receipt of the audit.

C. When the program section review suggests questions or discloses discrepancies, the individual program section corresponds directly with the LEA. This correspondence initiates a procedure for resolving program audit questions and discrepancies which is outlined below:

(I) Personnel of the various program sections advise the LEA officials of the findings and the nature of any discrepancy found in the audit report;

(II) Within the time frame provided by the department, LEA officials are expected to respond with clarifying information and, as appropriate, corrected data or a corrected page of the audit report issued by the independent auditor who conducted the original audit. Department staff assist in every reasonable way to help a LEA and/or its independent auditor find a solution to audit problems; and (III) If a discrepancy cannot be resolved, the department may recover or withhold applicable state or federal funds from the affected program.

(7) The Single Audit Act Amendments of 1996, 62 FR 35278-35319, and the Office of Management and Budget (OMB) Uniform Grant Guidance, 2 CFR Part 200, are hereby incorporated by reference and made a part of this rule as published by the Office of the Federal Register, April 2022, and are available by contacting the Office of Administration, Publications Office, Room 2200, New Executive Office Building, Washington, DC 20503. Copies of these regulations can also be obtained from the Department of Elementary and Secondary Education, Division of Financial and Administrative Services, 205 Jefferson Street, PO Box 480, Jefferson City, MO 65102-0480 and at https://dese.mo.gov/governmental-affairs/dese-administrativerules/incorporated-reference-materials. This rule does not incorporate any subsequent amendments or additions.

(8) The Government Auditing Standards, issued by the Comptroller General of the United States, are hereby incorporated by reference and made a part of this rule as published by the U.S.

Government Accountability Office, 441 G St. NW, Washington, DC 20548, April 2022. Copies of these regulations can also be obtained from the Department of Elementary and Secondary Education, Division of Financial and Administrative Services, 205 Jefferson Street, PO Box 480, Jefferson City, MO 65102- 0480 and at https://dese.mo.gov/governmental-affairs/deseadministrative-rules/incorporated-reference-materials. This

rule does not incorporate any subsequent amendments or additions.

Amended: Filed March 7, 1985, effective Sept. 3, 1985. Amended:

Filed Jan. 30, 1989, effective May 25, 1989. Emergency amendment filed June 21, 1995, effective July 1, 1995, expired Oct. 28, 1995.

Amended: Filed May 11, 1995, effective Dec. 30, 1995. Emergency amendment filed May 1, 1997, effective May 11, 1997, expired Nov. 8, 1997. Amended: Filed April 29, 1997, effective Nov. 30, 1997.

Rescinded and readopted: Filed Sept. 24, 2002, effective March 30, 2003. Rescinded and readopted: Filed April 8, 2009, effective Oct. 30, 2009. Amended: Filed Aug. 21, 2015, effective March 30, 2016. ** Amended: Filed May 31, 2022, effective Jan. 30, 2023. *Original authority: 160.405, RSMo 1998, amended 2005, 2009, 2012, 2016; 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014; 165.121, RSMo 1963; 167.201, RSMo 1963; and 178.430, RSMo 1963. **Pursuant to Executive Orders 20-04, 20-10, 20-12, and 20-19, 5 CSR 30-4.030, subsection (4)(C) was suspended from January 13, 2021 through January 31, 2021.

History

• authority to make periodic contacts with LEA officials and their auditors regarding specific questions, audit deficiencies, or review of the audit process; and (B) The department is responsible for reviewing the audit reports for general acceptability in accordance with state and federal guidelines.
• AUTHORITY: sections 160.405, 161.092, 165.121, 167.201, and 178.430, RSMo 2016. Original rule filed April 28, 1982, effective Sept. 12, 1982. Amended: Filed Oct. 12, 1982, effective Jan. 14, 1983.

5 CSR 30-4.040 Annual Public Reporting of Information by School Districts {#sec-5-csr-30-4.040 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-4.040}

(Rescinded May 30, 2002)

(12/31/22) John R. Ashcroft ADMINISTRATIVE SERVICES AND SECONDARY EDUCATION

History

• AUTHORITY: section 160.522, RSMo 1994. Original rule filed March 21, 1995, effective Oct. 30, 1995. Rescinded: Filed Oct. 25, 2001, effective May 30, 2002.

5 CSR 30-4.045 Collection of School District Reports {#sec-5-csr-30-4.045 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-4.045}

(Rescinded May 30, 2002)

History

• AUTHORITY: section 161.092(1) and (4), RSMo 1994. Original rule filed Aug. 26, 1996, effective March 30, 1997. Rescinded: Filed Oct. 25, 2001, effective May 30, 2002.

5 CSR 30-4.050 Local School District Application for Exemption Under the School Start Date Law {#sec-5-csr-30-4.050 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-4.050}

History

• AUTHORITY: section 161.092, RSMo 2016, and section 171.031, RSMo Supp. 2019. Emergency rule filed May 12, 2020, effective May 27, 2020, expired Aug. 24, 2020.

Chapter 260 District Reorganization

5 CSR 30-260.010 Adoption or Changing of School District Names {#sec-5-csr-30-260.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-260.010}

PURPOSE: The State Board of Education has the authority to establish regulations governing the adoption or changing of the names of school districts. This rule establishes those regulations.

(1) The official name of any school district shall be adopted by the board of education of the district and may be changed by the board of education as specified by state law.

(2) The board of education may omit county names from the official name chosen for the district.

(3) The name of the community may or may not be included in the official district name.

(4) The name chosen for the district or any change in district name may not substantially duplicate the name of any existing school district.

(5) The secretary of the board of education of each district, within ten (10) days after adoption of a district name, shall notify the State Board of Education and the county clerk of the name adopted.

Amended: Filed Nov. 5, 1979, effective Feb. 11, 1980. Amended: Filed April 27, 2006, effective Nov. 30, 2006. *Original authority: 162.311, RSMo 1963, amended 1973, 1979 and 162.321, RSMo 1963, amended 1978.

ROBINCARNAHAN(10/31/11)

History

• AUTHORITY: sections 162.311 and 162.321, RSMo 2000. This rule was previously filed as 5 CSR 40-260.010. Original rule filed April 15, 1968, effective April 25, 1968.

Chapter 261 Pupil Transportation

5 CSR 30-261.020 Minimum Requirements for Approval of School Bus Chassis {#sec-5-csr-30-261.020 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-261.020}

5 CSR 30-261.030 Minimum Requirements for Approval of School Bus Body SECONDARY EDUCATION Administrative Services {#sec-5-csr-30-261.030 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-261.030}

5 CSR 30-261.010 Requirements for the Operation of School Buses {#sec-5-csr-30-261.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-261.010}

PURPOSE: The State Board of Education has the authority to adopt and enforce regulations for the operation of all school buses used for the transportation of schoolchildren when owned and operated by any school district or privately-owned and operated under contract with any school district in this state. This rule establishes guidelines for the safe, efficient, and economical operation of school buses.

(1)

General Requirements for Approval of School Bus Transportation.

(A) All transportation of pupils furnished by a school district shall be authorized in accordance with the law.

(B) School bus routes over which school buses travel shall be approved by public school district board of education action no later than the end of October for its initial approval and no later than the end of June for the final approval of modifications made during the school year.

(C) All vehicles used for transporting pupils shall carry liability and property damage insurance.

(D) There shall be on file in the appropriate school district office copies of current contracts, bonds, driver’s physical examination certificates, driver’s license with applicable endorsements, and maps of school bus routes. Public school district boards of education shall require operators of school buses to conduct and prepare a record of the daily pretrip inspection for each school bus.

(E) Public school district boards of education shall provide for proper accounting of pupil transportation data and shall prepare and submit to the State Board of Education (board) necessary reports for apportioning state transportation aid and for statistical purposes.

1. A listing shall be made of pupils regularly transported on each board of education’s approved routes on the second Wednesday of the month for the months of October and February.

2. The school district listing of pupils regularly transported by route must be signed and maintained by the superintendent of the schools or an appointed designee.

(F) No school district shall receive state transportation aid for any pupil transported in a vehicle or over a school bus route which has not been approved by the public school district board of education or for any pupil transported in a vehicle whose driver does not meet the school bus driver qualifications as stated in section (2) of this rule.

(G) If a lock is to be placed on an emergency exit of a school bus, it shall be designed in a manner so that the engine cannot be started with the emergency exit locked.

(H) Public school district boards of education shall forbid drivers to pull any type of trailer behind a school bus.

(I) Only those signs and lettering allowed by law or rule shall be written on or attached to a school bus, except for safetyrelated signs or lettering which, if used, shall be placed on the rear of the bus, in no way obstructing the driver’s view. An exception to the requirement of this subsection concerning rules may be granted by the Department of Elementary and Secondary Education.

(J) Emergency evacuation drills on school buses shall be required for all students in grades kindergarten through six (K–6) at least once per semester. The first drill must be completed annually prior to October 31. The public school district board of education shall prescribe emergency evacuation drill requirements for all other students.

(K) Boards of education shall require operators of school buses to conduct and prepare a record of the daily pretrip inspection for each school bus.

(2) School Bus Driver Qualifications.

(A) All school bus drivers shall be duly licensed in accordance with Missouri statutes and public school district board policy and— 1. Be in good physical and mental health;

2. Undergo a biennial physical examination by a medical examiner who is licensed, certified, and/or registered, in accordance with applicable Missouri laws and regulations, to perform physical examinations to determine whether they meet the requirements of section 302.272, RSMo, and present a signed physical examination certificate that they, in the medical examiner’s judgment, meet or exceed those requirements to the employer. The term medical examiner includes, but is not limited to, doctors of medicine, doctors of osteopathy, physician assistants, advanced practice nurses, and doctors of chiropractic. For new drivers, such statement shall be on file prior to the driver’s initial operation of a school bus.

A school bus driver whose ability to safely operate a school bus has been impaired by a physical or mental injury or disease, as determined by the public school district board of education, must submit a release by the attending physician prior to resuming school bus operation; and 3. Undergo testing for drug and alcohol use/abuse, in compliance with laws.

(3) Driver Operation.

(A) A school bus driver shall:

1. Observe carefully all signs, signals, and rules of the road as provided by the Missouri Motor Vehicle Laws;

2. Follow these loading and unloading procedures:

A. If school bus is equipped with a master switch, make sure the master switch is in the “on” position;

B. Activate prewarning amber flashing lights at least five hundred feet (500') before a designated stop;

C. When stopping for a designated stop, apply brakes hard enough to light up the brake lights so that vehicles behind the school bus will know it is slowing down;

D. Pull as far to the right as practicable on the traveled portion of the roadway and at a location so that the school bus is visible for at least three hundred feet (300') in both directions or five hundred feet (500') if the speed limit is greater than sixty (60) miles per hour. Check all mirrors to see that traffic is clear and it is safe to stop;

E. Approach waiting students with extreme care, paying attention to the surface on which the school bus will stop (dry, slippery, slopes right, rough ground, and the like). Bring the school bus to a complete stop so that the closest part of the school bus is not less than six feet (6') and not more than ten feet (10') from the closest student;

F. Place the transmission in neutral and set the parking brake as needed;

G. Deactivate the prewarning amber flashing lights and activate the red flashing warning lights and the stop arm when opening the service door after stopping;

H. Check traffic in front and rear of the school bus before you give the students a hand signal that it is okay to cross the road. Drivers should train students not to approach the school bus until given a signal and to check traffic before crossing the roadway;

I. Require students who must cross the roadway after leaving the bus or before boarding the bus to cross a minimum of ten feet (10') in front of the bus and only upon a signal given by the driver, monitor, or bus patrol when organized bus patrols are used; and J. Have students go directly to their seats. When students are seated, check traffic and close the front door to deactivate the red flashing warning lights and stop arm;

3. Perform and prepare written documentation of the daily pretrip inspection which is to be submitted to the transportation administrator. Pretrip inspection of vehicle shall include brakes, steering components, lights, signaling devices, emergency door, tires, and safety equipment, as a minimum.

Any defects or deficiencies that may affect the safety of vehicle operation or result in mechanical breakdown shall be reported immediately in writing and driver shall not operate school bus until the defect or deficiency has been corrected;

4. Activate the prewarning amber flashing lights if a school bus stop must be made in close proximity to the crest of a hill or on curves with limited sight distance, approximately one hundred feet (100') before passing the crest so that vehicles following to the rear shall be made aware the bus is preparing to stop for the purpose of loading or unloading pupils;

5. Assume control of all children while they are being transported requiring respectable and orderly behavior from them. Particular attention should be given to the care and protection of the younger pupils. Any continued disorderly conduct should be reported to the proper school authorities;

6. Not back school bus on school grounds unless rear is guarded by school patrol or adult and driver is advised that the way is clear. Backing the bus at any time shall be avoided if at all possible;

7. Follow these procedures when a school bus is disabled:

A. Stop the bus as far to the right as possible (on the shoulder, if available);

B. Secure the bus, activate hazard/warning lights, and set parking brake;

C. Keep children in bus. If location of the bus is unsafe, remove the children to a safer location;

D. Place triangular reflectors a minimum of one hundred feet (100') in both the front and rear of the bus;

E. Telephone, radio, or send capable student to call authorities, giving bus location and description of breakdown;

F. See that all pupils are delivered to their destinations;

8. Keep inside of vehicle clean and comfortable at all times;

9. Keep lettering and lights on front and rear of bus clean so that all markings are clearly visible;

10. Keep service door closed at all times when bus is in motion;

11. Not leave a loaded bus while motor is running;

12. Fill the fuel tank only when there are no children in the bus;

13. Not allow animals on the school bus except for seeing eye dogs or other specially trained animals necessary to furnish special education services for students with disabilities to comply with applicable state law and regulations;

14. Not allow weapons or explosive material on the school bus;

15. Not allow items on the school bus to protrude into or block the aisle or be left in the driver or emergency exit areas;

16. Make and promptly file all daily, weekly, and monthly reports which may be required;

17. Use seat belt whenever the bus is in motion;

18. Not drive any school bus for more than:

A. Eight (8) consecutive hours. Hours will be consecutive unless the individual ceases operation of the vehicle for at least sixty (60) minutes; or B. An aggregate of twelve (12) hours in a twenty-four- (24-) hour period;

19. Illuminate headlights whenever students are being transported;

20. Not use tobacco products at any time in the school bus; and 21. Not operate a school bus while under the influence of intoxicants, narcotics, or drugs.

(4) Public School District Route Approval.

(A) General Definitions.

1. Eligible miles. Those actual regular school term and handicapped miles traveled from where the bus is kept at night until it returns to the same location after the pupils have been returned home, as long as it is used only to transport vocational students and K–12 pupils to and from school at the beginning and ending of the regular school day, are eligible for state transportation aid.

2. Ineligible miles. All actual miles that are driven for any purpose other than transporting K–12 students to or from school during the school term are ineligible for state transportation aid. Regular summer school routes, nonhandicapped early childhood routes, field trips, athletic trips, maintenance miles and other extracurricular activity trips are examples of ineligible miles. Miles traveled to rerun a route or

part of a route to transport students participating in before- or after-school activities or training are also ineligible miles. All ineligible miles shall be recorded and subsequently reported on the application for state transportation aid.

3. School bus route. A bus route begins when a bus leaves a point (home, school, and the like) empty and proceeds on a predetermined route, picking up pupils and then traveling to a school(s) until the bus is empty; and returning the pupils to a designated point after school. If more than one (1) route is run by the same bus, each additional route begins when the bus is empty after discharging all the pupils from a previous route and proceeds along another predetermined route, picking up pupils and discharging all of them at their attendance center(s) and returning them home.

(B) Procedures. Public school districts must adopt a policy implementing school bus route approval procedures for the annual approval of the routes needed for safe and cost efficient pupil transportation service which meets and may exceed the state board’s minimum requirements as described in this subsection.

1. Criteria for determining routes:

A. Location of pupil’s residence;

B. Grade and age of the pupils to be transported;

C. Type and condition of roads;

D. Standard of service desired; and E. Funds available for transportation service.

2. Safety considerations for establishing school bus routes:

A. The general safety of all routes in relation to hazards such as hills, intersections, railroad crossings, bridges, sharp curves, and obstructions to visibility;

B. The general safety of loading and unloading stops in relation to the visibility of approaching motorists;

C. Walking distance to the bus stop in relation to the age of the pupil; and D. Walking route safety to loading stop, from unloading stop, and loading zones.

3. Administrative policy shall be adopted by the public school district board of education which describes the criteria, safety considerations, and routing standards school officials must use when establishing or modifying school bus routes.

Examples of administrative policy components include, but are not limited to:

A. Duplication of route miles and “deadheading” shall be avoided if at all possible;

B. School bus stops should be established no less than five hundred feet (500') apart;

C. Multiple routes by a single school bus should be used when possible;

D. Routes should be planned to avoid dead-end streets or cul-de-sacs whenever possible;

E. Assign pupils to school buses so that passenger loads do not exceed manufacturer vehicle passenger capacity and to avoid overloading;

F. All school buses should be loaded as near their capacity as possible;

G. Buses should be used primarily to transport pupils to and from school. Buses may be used to transport pupils on school-sponsored activity trips, but such trips should not interfere with the transportation of pupils to and from school;

H. Each school district shall keep on file an up-to-date map showing the location and length of each school bus route;

I. Bus routing and seating plans shall be coordinated so that there are no standees and every passenger is provided a seat. The seating space provided each passenger must be sufficient to ensure that the back of each passenger may come into full contact with the seat back;

J. All vehicles used to transport pupils shall comply with the requirements of the law and with standards and safety rules as adopted by the board; and K. School bus inspections shall not be made more than sixty (60) days prior to operating the vehicles during the school year.

4. School districts which transport nonresident pupils not legally assigned or through an interdistrict contract shall not claim any additional miles as eligible miles and the pupils shall be reported as ineligible pupils.

A. High school pupils from elementary school districts.

High school pupils residing in an elementary school district are to be claimed only by the elementary district. The elementary district shall claim mileage from where the bus enters the elementary district, including miles traveled within the elementary district and the most direct route to the school of attendance.

Amended: Filed Dec. 23, 1975, effective Jan. 5, 1976. Amended:

Filed Dec. 14, 1976, effective May 16, 1977. Amended: Filed Feb. 27, 1979, effective June 15, 1979. Amended: Filed July 1, 1980, effective Nov. 14, 1980. Amended: Filed Feb. 27, 1981, effective July 1, 1981.

Amended: Filed Aug. 11, 1983, effective Dec. 12, 1983. Amended:

Filed May 23, 1988, effective Aug. 25, 1988. Amended: Filed Aug. 1, 1989, effective July 1, 1990. Amended: Filed Jan. 28, 1992, effective Aug. 6, 1992. Amended: Filed Dec. 21, 1992, effective July 8, 1993.

Amended: June 21, 1996, effective Jan. 30, 1997. Amended: Filed Oct. 28, 1997, effective May 30, 1998. Amended: Filed July 31, 1998, effective Feb. 28, 1999. Amended: Filed Sept. 27, 2000, effective May 30, 2001. Amended Filed May 27, 2003, effective Dec. 30, 2003.

Amended: Filed Nov. 29, 2018, effective June 30, 2019. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014; 162.064, RSMo 2005, amended 2018; 163.161, RSMo 1963, amended 1965, 1969, 1973, 1977, 1978, 1980, 1983, 1985, 1986, 1987, 1993, 1998; and 304.060, RSMo 1949, amended 1977, 1987, 1992, 2018.

Op. Atty. Gen. No. 66, Neff (12-9-57). It is illegal for school districts to pay for transportation in vehicles not meeting rules

History

• AUTHORITY: sections 161.092 and 163.161, RSMo 2016, and sections 162.064 and 304.060, RSMo Supp 2018. This rule was previously filed as 5 CSR 40-261.010. Original rule filed June 15, 1951, effective 1966, effective Aug. 5, 1966. Amended: Filed April 5, 1967, effective July 1, 1967. Amended: Filed Nov. 22, 1972, effective Jan. 1, 1973.

5 CSR 30-261.020 Minimum Requirements for Approval of School Bus Chassis {#sec-5-csr-30-261.020 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-261.020}

(Rescinded September 30, 1981)

Amended: Filed July 23, 1979, effective Nov. 13, 1979. Rescinded:

Filed Feb. 27, 1981, effective Sept. 30, 1981.

Op. Atty. Gen. No. 66, Neff (12-9-57). It is illegal for school districts to pay for transportation in vehicles not meeting rules Op. Atty. Gen. No. 57, Marr (1-26-50). State Board of Education may adopt a rule requiring school buses to be painted yellow.

History

• AUTHORITY: section 304.060, RSMo 1978. This rule originally filed as 5 CSR 40-261.020. Original rule filed June 15, 1951, effective 1966, effective Aug. 5, 1966. Amended: Filed April 15, 1967, effective July 1, 1967. Amended: Filed Nov. 22, 1972, effective July 1, 1973.

5 CSR 30-261.025 Minimum Requirements for School Bus Chassis and Body {#sec-5-csr-30-261.025 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-261.025}

PURPOSE: The State Board of Education is required by law to adopt and enforce regulations for the design of all school buses used for the transportation of schoolchildren when owned and operated by any school district or privately-owned and operated under contract with any school district in this state. This rule establishes the minimum requirements for the design of chassis and body used for school buses in the transportation of pupils.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this

rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) The Missouri Minimum Standards for School Buses (revised September 2019) is hereby incorporated by reference and made a part of this rule as published by the Department of Elementary and Secondary Education, Financial and Administrative Services, 205 Jefferson Street, PO Box 480, Jefferson City, MO 65102-0480, and its website at https://dese.mo.gov/ financial-admin-services/student-transportation/school-busstandards and at https://dese.mo.gov/governmental-affairs/ dese-administrative-rules/incorporated-reference-materials.

This rule does not incorporate any subsequent amendments or additions. The Missouri Minimum Standards for School Buses reflects the changing needs of pupil transportation in Missouri, changes in the national specifications for school buses, and federal motor vehicle safety standards. The changes will enhance the safety of schoolchildren being transported in school buses.

Amended: Filed Sept. 22, 1983, effective Feb. 15, 1984. Amended:

Filed Oct. 29, 1986, effective March 1, 1987. Emergency amendment filed Sept. 21, 1990, effective Oct. 1, 1990, expired Jan. 28, 1991.

Amended: Filed Sept. 21, 1990, effective March 14, 1991. Amended:

Filed Dec. 21, 1992, effective July 8, 1993. Amended: Filed April 24, 1996, effec tive Dec. 30, 1996. Amended: Filed Nov. 20, 1996, effective May 30, 1997. Amended Filed March 21, 2001, effective Oct. 30, 2001. Amended: Filed May 30, 2006, effective Jan. 30, 2007.

Amended: Filed Sept. 22, 2008, effective May 30, 2009. Amended:

Filed April 20, 2012, effective Dec. 30, 2012. Amended: Filed Nov. 2, 2016, effective June 30, 2017. Amended: Filed Sept. 24, 2019, effective May 30, 2020. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014 and 304.060, RSMo 1949, amended 1977, 1987, 1992, 2018.

History

• AUTHORITY: section 161.092, RSMo 2016, and section 304.060, RSMo Supp. 2019. This rule was previously filed as 5 CSR 40- 261.025. Original rule filed Feb. 23, 1981, effective Oct. 1, 1981.

5 CSR 30-261.030 Minimum Requirements for Approval of School Bus Body {#sec-5-csr-30-261.030 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-261.030}

(Rescinded September 30, 1981)

Amended: Filed Feb. 5, 1974, effective July 1, 1974. Amended: Filed July 1, 1980, effective Nov. 14, 1980. Rescinded: Filed Feb. 27, 1981, effective Sept. 30, 1981.

Op. Atty. Gen. No. 66, Neff (12-9-57). It is illegal for school districts to pay for transportation in vehicles not meeting regulations Op. Atty. Gen. No. 57, Marr (1-26-50). State Board of Education may adopt regulations requiring school buses to be painted yellow.

History

• AUTHORITY: section 304.060, RSMo 1978. This rule originally filed as 5 CSR 40-261.030. Original rule filed June 15, 1951, effective 1966, effective Aug. 5, 1966. Amended: Filed April 5, 1967, effective July 1, 1967. Amended: Filed Nov. 22, 1972, effective Jan. 1, 1973.

5 CSR 30-261.040 Allowable Costs for State Transportation Aid {#sec-5-csr-30-261.040 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-261.040}

PURPOSE: Section 163.161, RSMo authorizes state transportation aid to school districts based upon allowable costs. This rule defines allowable costs and specifies how they will be used in calculating state transportation aid. The rule further specifies school district recordkeeping and audit requirements related to the calculation of state aid.

(1) Allowable Costs for School District Operated School Transportation.

(A) Salaries and benefits of personnel employed for the operation and maintenance of school transportation are allowable costs. If employees have other school duties in addition to those relating directly to transportation, then salaries and benefits shall be divided between school transportation and other programs according to time actually spent in each program.

1. Examples of school transportation personnel for which salaries and benefits are allowable include those paid to transportation directors, school aides serving students with disabilities pursuant to law, school bus drivers, dispatchers, transportation secretaries, mechanics and garage custodians.

2. Examples of personnel for which salaries and benefits are nonallowable include school administrators and administrative support staff that exceed the limitation described in paragraph (1)(I)1. of this rule.

(B) Purchased service expense is an allowable cost. Examples of allowable purchased service expense include:

1. Insurance for school buses;

2. Labor contracted for repairs and parts used for repairs by persons other than school district employees;

3. Expenditures for utilities, insurance and telephone for the school bus garage/storage facility. If these facilities are used for vehicles other than school buses, costs must be prorated on the basis of the number of vehicles served by the facility; and 4. Expenditures for cellular telephone service and two (2)way radio communication systems.

(C) Supplies expense is an allowable cost. Examples of allowable supplies include:

1. Fuel;

2. Oil and other lubricants;

3. Tires, both new and recapped, tubes, tire and tube repair;

4. Tools;

5. Parts, including engine parts, batteries, antifreeze, small motors, lights, lenses, bulbs, springs and shock absorbers; and 6. Custodial supplies for the school bus garage/storage facility. If these facilities are used for vehicles other than school transportation vehicles, costs must be prorated on the basis of the number of vehicles served by the facility.

(D) Capital outlay expense is an allowable cost. Capital outlay expenditures must be paid out of the Capital Projects Fund.

Examples of allowable capital outlay expenditures include:

1. The cost of retrofit equipment required on school buses under Missouri specification or otherwise authorized in this

rule;

2. Expenses incurred to equip school buses with a two (2)way radio communication system, including a communication tower (antenna) and administrative base station or cellular telephones;

3. Expenses for electronic safety and security equipment;

4. Expenses incurred to equip school buses with strobe lights; and 5. The cost of replacement engines for school buses.

(E) The depreciation costs of new and used school buses are allowable. The purchase price of lease/purchased school buses shall not include interest. Each vehicle eligible for depreciation shall be depreciated on a straight-line depreciation schedule of eight (8) years beginning in the first year the school bus is placed in service. No depreciation will be paid for school buses which are ten (10) model years of age or older. If a vehicle is sold, either for cash or trade-in, its value and the gain or loss from sale or trade must be reflected in the aggregate district depreciation schedule.

(F) The depreciation costs of new school bus facilities and the renovation of existing bus parking lot and school bus facilities that exceed five thousand dollars ($5,000) per fiscal year shall be claimed by a school district on a straight-line depreciation schedule of twenty (20) years beginning in the first year of the facility’s use. If these facilities are used for vehicles other than school buses, the depreciation charged will be prorated on the

basis of the number of vehicles served by the facilities.

(G) Allowable cost for transporting students with disabilities.

1. Expenditures for additional equipment necessary for transporting students with disabilities, such as vehicle renovation, lifts, seat restraints and wheelchair locks.

2. Expenditures for salaries and benefits of bus drivers and aides for students with disabilities, purchased services, supplies and capital outlay (excluding vehicle purchases) incurred while operating routes transporting only students with disabilities.

3. Routes to be approved by the local board of education and included for additional costs for transporting students with disabilities must meet the following criteria:

A. Transport students to and from school on a daily

basis; and B. Transport primarily students with disabilities.

(H) Gasoline, oil, parts or other operating expense for any vehicle or equipment that is not a school bus are not allowable.

Examples include, but are not limited to, superintendents’ cars, food service vans, school maintenance vehicles, driver education cars, lawn mowers, tractors, speech laboratories and bookmobiles.

(I) Administrative support service expenditures not to exceed five percent (5%) for each district-operated transportation services school district’s total of subsections (1)(A)–(F) in this

rule and for each contract-operated school district’s total of subsection (2)(A) cost for providing administrative support services related to the operation of their school transportation program. Administrative support service expenditures include:

1. Salaries and benefits paid to part-time transportation directors, school administrators and administrative support staff;

2. Expenditures for utilities, insurance and telephone for the transportation office;

3. Custodial and office supplies for the transportation office; and 4. Office space and equipment for the transportation office, including but not limited to: furniture, copy machine, fax machine, computer hardware and software.

(2) Allowable Costs for Contracted School Transportation.

(A) Contracted transportation costs, including transportation of students under the provisions of section 304.060, RSMo administrative support services in subsection (1)(I) of this rule and costs paid to other school districts, are allowable.

(3) Eligible and Ineligible Transportation Mileage.

(A) Transportation eligible for state aid includes:

1. Approved route mileage during the regular school term to and from:

A. School at the beginning and end of the regular school day;

B. A publicly-operated university laboratory school at the beginning and end of the school day;

C. Any school, department or class conducted during the regular school day for which career education aid is paid by the Division of Career Education that provides education services for high school students;

D. Special education classes either in or outside the district that require special transportation arrangements at the beginning and end of the regular school day or during the regular school day; and E. Any public school district with an accredited high school when provided by an elementary school district at the beginning and end of the regular school day;

2. Approved route mileage during the summer school term (for summer school programs that are approved by the Division of School Improvement) to and from special education classes either in or outside the district that require special transportation arrangements; and 3. Route mileage will be approved by the local board of education on the basis of the most effective and economical route to transport students. All mileage on approved routes will be considered eligible including necessary mileage before student pickups and after student delivery.

(B) Transportation mileage ineligible for state aid includes:

1. Mileage to and from any place at any time for field trips, athletic events or extracurricular activities;

2. Mileage for maintenance or safety inspections;

3. Mileage for school bus operators to take commercial driver’s license or school bus permit driving skills tests, or both;

4. Mileage for transporting three (3)- and four (4)-year old special education students to any place for education services authorized by section 162.700, RSMo;

5. Mileage for a route that only picks up students who live less than one (1) mile from school.

(C) Each district shall maintain records in a detail as to readily disclose the eligible and ineligible mileage that contracted and/or district-operated school buses travel during the year.

(4) Students Eligible and Ineligible for State Transportation Aid.

(A) State aid for transportation shall be paid as provided in

section 163.161, RSMo, and as implemented in this rule, only on the basis of the cost of transportation for those students living one (1) mile or more from school including publicly-operated university laboratory schools or who are transported one (1) mile or more to and from approved public career education courses, special education classes either in or outside the district. Regular school term, career education and students with disabilities are defined as eligible students in calculating a district’s state transportation aid.

(B) If a district provides transportation service to students living less than one (1) mile from school as provided in section 167.231, RSMo, or provide shuttle transportation less than one (1) mile to and from any school or learning center either in or outside the district, these students may be transported and are defined as ineligible students in calculating a district’s state transportation aid. If, however, a local board of education determines that certain students who live less than one (1) mile from school or are transported at no appreciable expense to that incurred in the transportation of eligible students, a district may provide transportation to these students without increasing or diminishing its entitlement to state transportation aid but in no case shall a school district create space by adding an additional school bus to transport these students, or detour from the regular route to transport these ineligible students.

No district shall be subject to a penalty when the district reports that certain students transported from a school bus stop, which existed in school year 2005-06 and who live less than one (1) mile from school, are being transported so these students do not have to cross a state highway or county arterial where there are no sidewalks, traffic signals, or a crossing guard to access the students’ school building.

(C) If a district receives compensation from a parent or guardian for transporting a student who lives less than one (1) mile from school, as provided in section 167.231, RSMo, the student shall be reported as ineligible and shall not be counted as a part of the students transported at no appreciable additional expense.

(5) Calculation of State Transportation Aid for Districts. State transportation aid, including district-operated transportation costs, contracted costs, or both, will be determined by prorating total allowable cost less the total cost of transportation of students with disabilities on the basis of eligible and ineligible miles less the miles for the transportation of students with disabilities. The average number of students daily transported (ADT) and the applicable mileage resulting from a contract for transportation between two (2) school districts will be certified by the district providing contracted service to the sending district. The ADT and mileage so certified will be omitted by the serving district from its calculation of state aid and will be included by the sending district in its state aid computations.

(A) Non-disabled students allowable costs, less any receipts for interdistrict contracted transportation, will be divided by the total number of non-disabled students eligible miles and ineligible miles traveled to determine a non-disabled student cost per mile.

(B) The non-disabled students cost per mile is multiplied by total non-disabled students eligible miles yielding the cost for non-disabled students eligible miles. This cost is divided by the average number of eligible non-disabled students plus the average number of ineligible students transported, less the average number transported at no appreciable additional expense, yielding the cost per non-disabled student ADT.

(C) The cost per ADT for non-disabled students calculated in subsection (5)(B) is multiplied by the eligible non-disabled students ADT, representing the average number of non-disabled students transported who live one (1) mile or more from school.

If necessary, this product is then adjusted by the district’s cost factor, as outlined in paragraph (7)(A)5., to determine what portion of its costs for eligible non-disabled students will be used in calculating transportation aid. The result of this step is then multiplied by seventy-five percent (75%) to obtain the maximum non-disabled students transportation aid amount.

(D) The total cost of transportation of students with disabilities is multiplied by seventy-five percent (75%) to obtain the maximum students with disabilities transportation aid amount.

(E) The cost per ADT for non-disabled students calculated in subsection (5)(C) is combined with the cost per ADT for students with disabilities calculated in subsection (5)(D) to obtain the maximum transportation aid entitlement.

(F) If the amount appropriated for transportation aid is less than the aggregate amount of entitlement for districts, then the amount of aid distributed to each district shall be prorated to equal the level of appropriation.

(6) Records and Audits.

(A) Each school district will annually submit the data required to determine the allowable costs, ridership, and mileage upon which its transportation aid will be computed.

The transportation data must be documented by the records of the local school district.

1. Records are to be kept on a school-year basis.

2. Records are to include substantiation for the following:

A. Allowable costs as defined in this rule;

B. Eligible and ineligible mileage as defined in this rule;

C. Numbers of students who are provided transportation under eligible mileage; and D. All receipts for transportation contracts from other districts, student activities or other sources.

(B) The school district audit provided for in section 165.121, RSMo, shall include an opinion statement regarding the adequacy and accuracy of allowable cost and mileage records kept by the district and used for the transportation aid application for the period audited.

(7) Procedures to Evaluate Circumstances to Authorize State Transportation Aid in Excess of State Average Approved Cost Per Pupil Transported the Second Previous Year.

(A) The district cost factor described below shall be used to measure the efficiency of the transportation program for costs other than the costs of transporting exclusively students with disabilities.

1. A curvilinear regression analysis is computed annually to predict y, the cost per student mile, based on x, the number of miles per student per day, for each district.

2. The cost per student mile predicted for each district is compared with the district’s actual cost per student mile.

When the cost factor ratio of actual to predicted costs is one hundred percent (100%) or less, the operation of the district’s transportation service is considered to be efficient. If the percentage is greater than one hundred percent (100%), the operation of the transportation service is presumed to be inefficient.

3. A variance factor of four percent (4%) based statistically on the standard error recognizes possible error in the regression analysis. The state maximum cost factor will be one hundred four percent (104%) (one hundred percent plus four percent (100% + 4%) variance factor).

4. The allowable costs of a district will be reduced by the same percentage that the district’s cost factor exceeds one hundred four percent (104%) with no adjustment exceeding thirty percent (30%). For example, if the district’s cost factor is one hundred ten percent (110%), this figure exceeds one hundred four percent (104%) by six percent (6%) and the allowable costs would be reduced six percent (6%) before calculating transportation aid. Likewise, if the district’s cost factor is one hundred fifty percent (150%), this figure exceeds one hundred four percent (104%) by forty-six percent (46%) but the allowable costs will be reduced by thirty percent (30%) so that no less than seventy percent (70%) of the allowable costs will be used in calculating transportation aid.

5. The following statistical formula defines the curvilinear regression analysis used to determine cost factors.

Prediction Formula y = ax b y = predicted cost per student per mile for a district x = actual miles per student per day for a district a and b = computed amounts using the entire state’s average miles per student per day (x) and average cost per student mile (y) as further defined.

Formula to compute a a = e(∑Lny–b∑Lnx)/N e = 2.71. . .(This is a constant from mathematics. “a” is obtained by finding the natural antilog of the exponent of “e” as shown in the equation above.)

Formula to compute b b = N∑ (Lnx·Lny)–(∑Lnx)·(∑Lny)

N∑ (Lnx)²–(∑Lnx)² The meanings of the symbols used in the formulas defining “a” and “b” are as listed:

Lnx = natural logarithm of each x Lny = natural logarithm of each y (Lnx)² = natural logarithm of each x squared (Lnx)·(Lny) = natural logarithm of x multiplied by the natural logarithm of y for each district ∑Lnx = sum of Lnx for all transporting districts ∑Lny = sum of Lny for all transporting districts ∑(Lnx)² = sum of (Lnx)² for all transporting districts ∑(Lnx·Lny) = sum of (Lnx·Lny) for all transporting districts N = number of transporting districts

Amended: Filed Sept. 22, 1983, effective Feb. 15, 1984. Amended:

Filed Jan. 18, 1984, effective June 15, 1984. Amended: Filed Sept. 16, 1985, effective Dec. 26, 1985. Amended: Filed Dec. 30, 1987, effective July 1, 1988. Amended: Filed Dec. 14, 1990, effective June 10, 1991. Amended: Filed March 21, 1995, effective Oct. 30, 1995.

Amended: Filed Oct. 28, 1997, effective May 30, 1998. Amended:

Filed July 31, 1998, effective Feb. 28, 1999. Amended: Filed Nov. 28, 2006, effective June 30, 2007. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003; 162.700, RSMo 1973, amended 1977, 1990, 1991, 2002, 2005, 2006; 163.161, RSMo 1963, amended 1965, 1969, 1973, 1977, 1978, 1980, 1983, 1985, 1986, 1987, 1993, 1998; 165.121, RSMo 1963; 167.231, RSMo 1963, amended 1965, 1973, 1977, 1978, 1979, 1990, 2000; and 304.060, RSMo 1949, amended 1977, 1987, 1992.

History

• AUTHORITY: sections 163.161, 165.121, and 304.060, RSMo 2000 and 161.092, 162.700, and 167.231 RSMo Supp. 2006. This rule was previously filed as 5 CSR 40-261.040. Original rule filed Sept. 15, 1977, effective Jan. 16, 1978. Amended: Filed July 14, 1978, effective Oct. 12, 1978. Amended: Filed July 1, 1980, effective Nov. 17, 1980.

5 CSR 30-261.045 Pupil Transportation in Vehicles Other Than School Buses {#sec-5-csr-30-261.045 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-261.045}

PURPOSE: Section 304.060, RSMo, authorizes vehicles other than approved school buses to be used for transportation of students.

This rule establishes standards for transportation in other than approved school buses.

(1) Requirements for transportation of students in vehicles designed for transporting more than ten (10) passengers including the driver.

(A) After July 1, 2001, newly purchased, newly leased, newly placed into service, newly contracted vehicles, or vehicles re-placed under contracted services with a rated capacity, as defined by the manufacturer, to carry more than ten (10) passengers including the driver that are used to transport students to or from school or to transport students to or from any place for educational purposes or school purposes shall meet state and federal specification and safety standards applicable to school buses. Contract common carriers meeting federal Department of Transportation standards may be used for field trips as outlined in section (3) of this rule.

(2) Requirements for transportation of students in vehicles designed for transporting ten (10) passengers or fewer including the driver.

(A) The number of passengers, including students and driver, that may be transported at any one (1) time shall be limited to the number the manufacturer suggests as appropriate for that vehicle in accordance with section 304.060, RSMo, or if not posted in the vehicle, then limited to the number of seat belts in the vehicle.

(B) The driver and each passenger shall be properly secured with the appropriate seat restraint at all times while the vehicle is in motion.

(C) Motor vehicles designed for enclosed passenger transportation may be used subject to approval by the local board of education.

(D) Motor vehicles shall be licensed according to law and shall display a current state safety inspection sticker.

(E) The driver of a district-owned or district-contracted vehicle shall have a valid Missouri operator’s license for the motor vehicle.

(F) The driver of a privately owned vehicle transporting students to and from school or school-related events on the school district’s behalf shall have a valid Missouri operator’s license for the vehicle operated.

(G) Motor vehicles shall have liability insurance coverage in accordance with section 537.610, RSMo, and as required by the local board of education.

(H) When transportation service in motor vehicles other than those licensed as school buses is contracted, there shall be a written contract between the district and the individual or firm providing the service.

(3) Requirements for Transportation of Students in Authorized Common Carriers.

(A) Authorized common carriers shall only be used to transport students to and from field trips or other special trips for educational purposes and shall not be used to transport students to and from school. Authorized common carriers, as used in this rule, are over-the-road intercity-type coaches equipped with reclining seats and air conditioning. Authorized common carriers must also hold authority from the Missouri Department of Transportation, Motor Carrier Services, or the Federal Motor Carrier Safety Administration.

(B) There shall be a written contract between the district individual or firm providing the vehicle.

(C) All contracts with authorized common carriers shall include:

1. Proof of liability insurance in the amount of five (5) million dollars per accident; and 2. Proof of safety inspection and compliance with applicable Federal Motor Carrier Safety Regulations.

(D) The driver of an authorized common carrier shall hold a valid Missouri commercial driver’s license or a similar license valid in any other state and shall comply with all applicable driver qualifications of the Federal Motor Carrier Safety Regulations.

Amended: Filed July 23, 1987, effective Oct. 25, 1987. Amended:

Filed May 23, 1991, effective Dec. 9, 1991. Amended: Filed Aug. 31, 1992, effective April 8, 1993. Emergency rule filed June 26, 1996, effective July 6, 1996, expired Jan. 1, 1997. Amended: Filed July 9, 1996, effective Feb. 28, 1997. Rescinded and readopted: Filed March 22, 2000, effective Oct. 30, 2000. Amended: Filed March 20, 2020, effective Oct. 30, 2020. Amended: Filed Dec. 28, 2022, effective Aug. 30, 2023. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014, and 304.060, RSMo 1949, amended 1977, 1987, 1992, 2018.

History

• AUTHORITY: section 161.092, RSMo 2016, and section 304.060, RSMo Supp. 2022. This rule was previously filed as 5 CSR 40- 261.045. Original rule filed Sept. 15, 1977, effective Jan. 16, 1978.

5 CSR 30-261.050 Pupil Transportation Hardships {#sec-5-csr-30-261.050 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-261.050}

PURPOSE: This rule establishes guidelines for the assignment of pupils based upon the finding of an unusual or unreasonable transportation hardship pursuant to section 167.121, RSMo.

(1) For the purpose of this rule, the following terms shall mean:

(A) Information request—The forms submitted to the designated review officer by the petitioner or the affected districts to document the existence of an unusual or unreasonable transportation hardship;

(B) Natural barriers—Obstructions to school bus routes, for students who are required by law to be transported or students who are transported as a result of school district practice or policy, caused by streams, rivers, lakes and multilane highways with limited access;

(C) Petitioned district—That district to which the pupil will be assigned should the petition for assignment be granted;

(D) Petitioner—A parent or guardian of a pupil or, if eighteen (18) years of age or otherwise emancipated, the pupil who has petitioned for assignment pursuant to section 167.121, RSMo;

(E) Resident district—The district where the pupil resides at the time a petition for assignment is submitted;

(F) Review officer—That individual designated by the commissioner of education to review the request for assignment based upon the finding of an unusual or unreasonable transportation hardship;

(G) Travel distance—The distance traveled to transport a pupil from the pupil’s place of residence or other designated pickup point to the site of the pupil’s educational placement;

(H) Travel time—That period of time required to transport a pupil from the pupil’s place of residence or other designated pickup point to the site of the pupil’s educational placement.

(2) A petition may be filed with the commissioner of education to assign a pupil to another district based upon the existence of an unusual or unreasonable transportation hardship. This petition must outline the basis for the request for assignment and be signed by the petitioning party.

(3) Upon receipt of a petition for assignment, the commissioner of education shall designate a review officer to make findings and a decision as to the existence of an unusual or unreasonable transportation hardship. The designated review officer shall notify both the resident district and the petitioned district of the contents of the petition and shall forward to those districts relevant information requests.

(4) The review officer shall make findings and a decision relating to the existence of a transportation hardship based upon the petition for assignment and responses to the information request submitted by the affected districts. In addition, the review officer, at his/her discretion, may elect to make a visual inspection of the transportation routes in question and use those findings in his/her determination. Assignment requests based upon documented travel time of less than seventy-five (75) minutes shall be granted only upon the demonstration of special circumstances or transportation hardships caused by natural barriers.

(5) The findings and decision of the review officer relating to the petition for assignment shall be made in writing and submitted to the petitioner, the resident district and the petitioned district. If it is the decision of the review officer that an unusual or unreasonable transportation hardship exists, then the pupil shall be assigned to the petitioned school district. The board of education of the resident district shall be responsible for paying the tuition and, when appropriate, transportation costs of the pupil assigned consistent with the provisions of sections 167.121 and 167.241, RSMo.

(6) Not later than thirty (30) days from receipt of notice of the decision of the review officer, the petitioned district shall provide information to the resident district indicating the tuition amount and, if appropriate, transportation costs to be paid by the resident district consistent with the provisions of sections 167.121 and 167.241, RSMo for the pupil that has been assigned. If the resident district disagrees to the amount of the tuition or the transportation costs to be paid, the resident district shall indicate this disagreement to the review officer no later than forty-five (45) days from the date of notice that the pupil was assigned to the petitioned district. The review officer shall determine the appropriate amount of tuition cost to be paid by the resident district and, if appropriate, transportation costs, within fifteen (15) days, and shall notify the resident district and the petitioned district.

(7) Findings, decisions, or both, of the review officer as described in sections (5) and (6) may be affirmed, rescinded or modified by the commissioner of education upon request of the petitioner, resident district or petitioned district. Requests to affirm, rescind or modify the finding, decision, or both, of the review officer shall be placed before the commissioner of education by the petitioner, resident district or petitioned district within ten (10) days from notification of the findings and decisions of the review officer as described in sections (5) and (6).

(8) Decisions of the commissioner of education, as provided in

section (7), may be appealed to the State Board of Education upon a written notice of intent to appeal by the petitioner, resident district or petitioned district. These appeals to the State Board of Education shall be limited to written information provided by the petitioner, resident district or petitioned district as to why the decision of the commissioner of education was in error. The intent to appeal shall be indicated in writing to the commissioner of education within ten (10) days from receipt of the commissioner of education’s decisions as provided in

section (7).

(9) As soon as reasonably possible after the commissioner of education receives the intent to appeal as provided in section (8), the appeal shall be placed on the agenda of the State Board of Education. The commissioner of education shall notify the petitioner, resident district and petitioned district of the date the appeal is to be considered by the State Board of Education. Upon an adjudication of the appeal, the State Board of Education shall notify the petitioner, resident district and petitioned the district of its decision.

(10) Should the resident district refuse or otherwise fail to make payment of the tuition amount and, if appropriate, transportation costs for the pupil that has been assigned consistent with the provisions of sections 167.121 and 167.241, RSMo, as of June 30 following the date the pupil was assigned to the petitioned district, and if requested by the petitioned district, and assuming the petitioned district has provided accurate and complete attendance data to the resident district for the pupil as determined by the Department of Elementary and Secondary Education, the department shall be authorized to withhold that amount from subsequent state aid payments to the resident district and transfer the amount withheld to the petitioned district.

(11) Any final decision of assignment made during the course of any school semester, or any other term in which classes are held, shall remain in place until the end of that semester or term. Any petition for review of an existing assignment must be received by the commissioner of education thirty (30) days prior to the beginning of the semester in which rescinding of the assignment would take place.

History

• AUTHORITY: section 167.121, RSMo 1986. Original rule filed Dec. 24, 1991, effective June 25, 1992. Amended: Filed April 28, 1993, effective Nov. 8, 1993. Original authority: 167.121, RSMo 1963, amended 1973, 1979, 1983.

Chapter 340 Academically Deficient Schools

5 CSR 30-340.010 Policies and Standards Relating to Academically Deficient Schools {#sec-5-csr-30-340.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-340.010}

(Moved to 5 CSR 50-340.110)

Chapter 345 Missouri School Improvement Program

5 CSR 30-345.010 General Provisions {#sec-5-csr-30-345.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-345.010}

(Rescinded March 30, 2007)

This rule was previously filed as 5 CSR 50- 345.010. Original rule filed July 16, 1990, effective Dec. 31, 1990. Amended: Filed Sept. 27, 1991, effective March 9, 1992.

Amended: Filed Feb. 27, 1992, effective Sept. 6, 1992. Amended: Filed Oct. 27, 1992, effective July 1, 1993. Amended: Filed May 31, 1994, effective Dec. 30, 1994. Changed to 5 CSR 30-345.010, effective April 30, 1997. Amended: Filed Sept. 27, 1996, effective April 30, 1997. Amended: Filed Feb. 1, 2000, effective Aug. 30, 2000. Rescinded:

Filed Aug. 3, 2006, effective March 30, 2007.

History

• AUTHORITY: section 161.092, RSMo 1994.

5 CSR 30-345.011 Measurement of Effectiveness of Remediation of Students Scoring at the Lowest Level on the Missouri Assessment Program {#sec-5-csr-30-345.011 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-345.011}

(Rescinded March 30, 2012)

Original rule filed Sept. 27, 2000, effective May 30, 2001. Rescinded: Filed Aug. 26, 2011, effective March 30, 2012.

History

• AUTHORITY: section 161.092, RSMo 1994 and section 167.640, RSMo Supp. 1999.

5 CSR 30-345.020 Policies on Waiver of Regulations {#sec-5-csr-30-345.020 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-345.020}

(Moved to 5 CSR 50-345.020)

5 CSR 30-345.030 Metropolitan School District Retired Teacher Program {#sec-5-csr-30-345.030 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-345.030}

PURPOSE: This rule outlines the criteria for application by a metropolitan school district to the Department of Elementary and Secondary Education for waivers to allow qualified retired teachers to teach in the metropolitan school district pursuant to section 105.269, RSMo.

(1) As used in this rule, unless specifically provided otherwise, the following term shall be defined as follows:

(A) Retired teacher—any retired teacher who taught in any metropolitan school district and who receives retirement benefits from the St. Louis Public Schools Retirement System.

(2) Any metropolitan school district may employ retired teachers as provided by section 105.269, RSMo.

JOHNR. ASHCROFT(4/30/19)

History

• AUTHORITY: section 105.269, RSMo 2016. Original rule filed Sept. 30, 1999, effective March 30, 2000. Amended: Filed Sept. 20, 2018, effective May 30, 2019. Original authority: 105.269, RSMo 1999, amended 2001.

Chapter 640 School Buildings

5 CSR 30-640.010 School Building Revolving Fund {#sec-5-csr-30-640.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-640.010}

(Rescinded May 30, 2007)

Filed Oct. 12, 2006, effective May 30, 2007.

History

• AUTHORITY: sections 166.275 and 166.300, RSMo 1994. Original rule filed May 11, 1995, effective Dec. 30, 1995. Rescinded:

5 CSR 30-640.100 Rebuild Missouri Schools Program {#sec-5-csr-30-640.100 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-640.100}

(Rescinded March 30, 2014)

Filed Aug. 27, 2013, effective March 30, 2014.

History

• AUTHORITY: sections 160.459 and 161.092, RSMo Supp. 2008. Original rule filed Dec. 5, 2008, effective July 30, 2009. Rescinded:

5 CSR 30-640.200 Early Learning Facilities Funding Formula for Lease Agreements {#sec-5-csr-30-640.200 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-640.200}

PURPOSE: The rule establishes a funding formula for early learning programs facility lease agreements when funding is requested from the Department of Elementary and Secondary Education (department).

(1) The Department of Elementary and Secondary Education (department) will reimburse for facility lease agreements for early learning programs and will not reimburse for the purchase, construction, renovation, or lease purchase of such facilities. The department uses the following formula to determine the maximum allowable cost per fiscal year for early learning programs facility lease agreements:

(A) Standard amount of square footage per child multiplied by the total number of eligible pupils educated at the facility multiplied by the cost per square foot by county;

(B) Standard amount of square footage per itinerant full-time equivalent (FTE) position multiplied by the total itinerant FTE multiplied by the cost per square foot by county; and (C) Standard amount of square footage per administrative FTE position multiplied by the total administrative FTE actually housed in the leased facility multiplied by the cost per square foot by county.

(2) The square footage must be utilized in accordance with the program’s state and federal guidelines as found on the department’s website.

(3) If the actual expenditures are less than the amount determined by the formula, only actual expenditures will be reimbursed.

(4) For purposes of this rule, the following terms mean:

(A) Standard amount of square footage per child is sixty (60) square feet. This may encompass educational and ancillary space;

(B) Standard amount of square footage per itinerant FTE position is one hundred twenty (120) square feet;

(C) Standard amount of square footage per administrative staff is one hundred twenty (120) square feet;

(D) Eligible pupils— 1. For Early Childhood Special Education (ECSE) programs—the number of students with disabilities who are educated at the leased facility and have instructional services in their Individualized Education Program (IEP) plus the number of non-disabled integrated peers who are educated at the leased facility. The number shall be determined based on the pupil enrollment on April 30 in the year for which facility lease payment is requested;

2. For the Missouri Preschool Program (MPP)—the number of slots approved by the department in the grant award for the program; and 3. For Elementary and Secondary Education Act (ESEA) preschools—the number of slots determined by the district and approved within the budget application for children who are educationally disadvantaged and are three (3), four (4), or five (5) years of age;

(E) Cost per square foot by county— 1. The highest rate per square foot for the county where the facility is located as computed based on the state lease facility space information per county obtained from the Office of Administration (OA) and posted on the department website annually; or 2. If there is no rate for an individual county, the lowest rate from the contiguous counties is used in the formula;

(F) Itinerant positions are instructional, diagnostic, and related services staff that travel from one (1) building/facility to a separate building/facility in order to provide instructional and related services as set forth in an IEP, or who provide services to eligible pupils outside the ECSE classroom, and are identified in the approved ECSE Final Expenditure Report (FER);

(G) Administrative positions are director and coordinator staff that are identified in the approved ECSE FER; and (H) FTE is the number of total hours worked divided by the maximum number of compensable hours in a full-time schedule as defined by law.

(5) The formula will be used for facility lease costs incurred starting July 1, 2016. However, for leases that were fully signed and in effect on March 2, 2015, the formula will be used for facility lease costs incurred starting July 1, 2019, or the date the lease expires, whichever comes first.

(6) The formula applies to ECSE, MPP, and ESEA programs with facility lease agreements.

(7) Early Childhood Special Education multidistrict cooperative programs can request a waiver of the use of the formula from the department if the cooperative can validate that using a facility that exceeds the formula amount reduces the total cost of the cooperative Early Childhood Special Education Program for that year.

(8) Requests for payment shall be submitted to the department’s finance section handling the costs for the specific early learning program in accordance with the deadlines for that program.

(9) Districts can have multiple early learning programs in the same building but the facility lease costs must be prorated among the programs based on a method approved by the department.

History

• AUTHORITY: section 161.092, RSMo 2016, and section 161.215, RSMo Supp. 2021. Original rule filed May 28, 2015, effective Jan. 30, 2016. Amended: Filed April 20, 2021, effective Dec. 30, 2021. Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014, and 161.215, RSMo 2010, amended 2012, 2018.

Chapter 660 School Finance

5 CSR 30-660.010 Procedures to Determine Indirect Cost Rates for Federal Programs {#sec-5-csr-30-660.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-660.010}

5 CSR 30-660.030 Determination of the Cost of Education Index {#sec-5-csr-30-660.030 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-660.030}

5 CSR 30-660.050 Calculation of the Previous Amounts Per Eligible Pupil {#sec-5-csr-30-660.050 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-660.050}

5 CSR 30-660.065 Definition of Nonathletic, Classroom, Instructional Facilities and Classroom Instructional Capital Outlay {#sec-5-csr-30-660.065 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-660.065}

5 CSR 30-660.090 Charter School Local Education Agency (LEA) Attendance Hour Denny Hoskins (2/28/25) {#sec-5-csr-30-660.090 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-660.090}

AND SECONDARY EDUCATION AND ADMINISTRATIVE SERVICES

SECONDARY EDUCATION

Administrative Services

5 CSR 30-660.010 Procedures to Determine Indirect Cost Rates for Federal Programs and Grants {#sec-5-csr-30-660.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-660.010}

(Rescinded August 14, 1978)

Rescinded: Filed May 12, 1978, effective Aug. 14, 1978.

History

• AUTHORITY: section 178.430, RSMo 1969. This rule was previously filed as 5 CSR 40-660.010. Original rule filed Dec. 23, 1975, effective Jan. 2, 1976. Amended: Filed July 13, 1976, effective Nov. 1, 1976.

5 CSR 30-660.020 School Audits {#sec-5-csr-30-660.020 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-660.020}

(Rescinded August 13, 1982)

History

• AUTHORITY: section 165.121, RSMo 1978. This rule was previously filed as 5 CSR 40-660.020. Original rule filed Feb. 28, 1980, effective June 16, 1980. Rescinded: Filed April 29, 1982, effective Aug. 13, 1982.

5 CSR 30-660.030 Determination of the Cost of Education Index {#sec-5-csr-30-660.030 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-660.030}

History

• AUTHORITY: section 163.011, RSMo Supp. 1992. This rule was previously filed as 5 CSR 40-660.030. Original rule filed March 2, 1983, effective Aug. 12, 1983. Rescinded: Filed Oct. 25, 2001, effective May 30, 2002.

5 CSR 30-660.040 Minimum Salaries {#sec-5-csr-30-660.040 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-660.040}

History

• AUTHORITY: section 163.172.3, RSMo Supp. 1990. This rule was previously filed as 5 CSR 40-660.040. Original rule filed Nov. 25, 1985, effective Feb. 24, 1986. Amended: Filed Dec. 30, 1987, effective April 28, 1988. Amended: Filed Nov. 16, 1990, effective June 10, 1991. Rescinded: Filed Oct. 25, 2001, effective May 30, 2002.

5 CSR 30-660.050 Calculation of the Previous Amounts Per Eligible Pupil {#sec-5-csr-30-660.050 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-660.050}

History

• AUTHORITY: section 163.031.5, RSMo 1986. Original rule filed April 24, 1990, effective July 1, 1991. Rescinded: Filed Oct. 25, 2001, effective May 30, 2002.

5 CSR 30-660.060 Erection of Public School Buildings {#sec-5-csr-30-660.060 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-660.060}

(Rescinded February 26, 1995)

History

• AUTHORITY: 151.150, RSMo Supp. 1993. Emergency rule filed Oct. 22, 1993, effective Nov. 1, 1993, expired Feb. 28, 1994. Original rule filed June 28, 1993, effective Jan. 13, 1994. Rescinded: Filed July 22, 1994, effective Feb. 26, 1995.

5 CSR 30-660.065 Definition of Nonathletic, Classroom, Instructional Facilities and Classroom Instructional Capital Outlay {#sec-5-csr-30-660.065 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-660.065}

(Rescinded May 30, 2007)

History

• AUTHORITY: section 165.011, RSMo Supp. 1993. Original rule filed July 22, 1994, effective Feb. 26, 1995. Rescinded: Filed Oct. 12, 2006, effective May 30, 2007.

5 CSR 30-660.070 Video Programming in Schools {#sec-5-csr-30-660.070 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-660.070}

PURPOSE: The purpose of this rule is to define the use of video programming in schools.

(1) The school term and the school day shall meet the requirements pursuant to state laws and regulations. Time allocated to the general mandatory use, by all or a major portion of students enrolled in a school, of a video or audio program or other offering which is not directly related to the curriculum of the school and the class may not be considered in meeting the eligibility requirements for state aid pursuant to applicable state laws and regulations or the minimum school term requirements pursuant to applicable state laws and regulations.

(2) School districts may not count toward meeting the time allocations for a course the time allocated to the general mandatory use, by all or a major portion of the students enrolled in the course, of a video or audio program or other offering which is not directly related to the curriculum of the class.

History

• AUTHORITY: sections 163.021 and 171.031, RSMo 2000 and 161.092, RSMo Supp. 2002. Original rule filed Oct. 29, 2002, effective April 30, 2003. Original authority: 161.092, RSMo 1963, amended 1973, 2002; 163.021, RSMo 1963, amended 1973, 1982, 1983, 1984, 1988, 1992, 1993, 1996, 1997, 1998; and 171.031 RSMo 1963, amended 1973, 1983, 1984, 1987, 1992, 1993.

5 CSR 30-660.080 Performance Districts {#sec-5-csr-30-660.080 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-660.080}

PURPOSE: The purpose of this rule is to define the process to identify “Performance Districts” as defined in section 163.011, RSMo, and as applied to the foundation formula for funding public schools.

(1) “Performance Districts” as defined pursuant to section 163.011, RSMo, shall be identified by the Department of Elementary and Secondary Education (department), and used in the foundation formula calculation for years subsequent to fiscal year 2016, using the following process:

(A) The department shall calculate an annual performance report (APR) for school districts that reflects the percentage of possible points earned based upon the accreditation standards applied by the State Board of Education (board) in the classification of schools pursuant to section 161.092(9), RSMo;

(B) No school district shall be eligible for designation unless it has earned at least ninety percent (90%) of the possible points reported in both school years immediately prior to the year in which the calculation must be made;

(C) Percentages of the two (2) prior years for districts eligible for designation will be averaged and ranked in order (2/28/25) Denny Hoskins AND ADMINISTRATIVE SERVICES AND SECONDARY EDUCATION beginning with the highest average;

(D) Pursuant to section 163.011, RSMo, the number of designated Performance Districts will not exceed twenty-five percent (25%) of Missouri schools in fiscal years subsequent to 2018; and (E) In any year in which the department does not generate an APR, the department will utilize the most recent data available for each performance standard in order to establish an equivalent percentage of points earned for determining Performance District designation.

rule filed Dec. 10, 2014, effective July 30, 2015. Amended: Filed April 22, 2021, effective Dec. 30, 2021. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014, and 163.011, RSMo 1963, amended 1967, 1973, 1977, 1982, 1985, 1986, 1988, 1992, 1993, 1996, 1997, 1998, 1999, 2001, 2002, 2005, 2006, 2007, 2008, 2009, 2014.

History

• AUTHORITY: sections 161.092 and 163.011, RSMo 2016. Original

5 CSR 30-660.085 Attendance Hour Reporting {#sec-5-csr-30-660.085 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-660.085}

(Rescinded July 30, 2021)

History

• AUTHORITY: section 161.092, RSMo 2016, and sections 163.021 and 171.031, RSMo Supp. 2020. Emergency rule filed July 15, 2020, effective Aug. 1, 2020, expired Feb. 25, 2021. Original rule filed July 15, 2020, effective Jan. 30, 2021. Rescinded: Filed Jan. 13, 2021, effective July 30, 2021.

5 CSR 30-660.090 Charter School Local Education Agency (LEA) Attendance Hour Reporting {#sec-5-csr-30-660.090 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-660.090}

(Rescinded March 30, 2025)

rule filed Aug. 19, 2020, effective Sept. 2, 2020, expired Feb. 28, 2021. Original rule filed Aug. 19, 2020, effective Feb. 28, 2021.

Emergency amendment filed April 19, 2022, effective May 3, 2022, expired Feb. 9, 2023. Amended: Filed April 19, 2022, effective Dec. 30, 2022. Rescinded: Filed Sept. 4, 2024, effective March 30, 2025.

History

• AUTHORITY: sections 161.092, 163.043, and 163.087, RSMo 2016, and sections 160.415 and 163.031, RSMo Supp. 2022. Emergency

5 CSR 30-660.095 State Agency Payments to School Districts for Educational Services {#sec-5-csr-30-660.095 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-660.095}

PURPOSE: This rule establishes criteria for making payments to school districts which provide educational services to nondomiciled children who are in residential placement arranged by the Department of Mental Health, Department of Social Services, or a court of competent jurisdiction.

(1) The Department of Elementary and Secondary Education (department) shall expend general revenue appropriated to fund the excess cost of educational services provided to a child who is admitted to programs or facilities or placed in them as provided by section 167.126, RSMo, or other relevant statutes.

The department shall pay the serving school districts the excess cost of services provided, e.g., an amount by which the per pupil costs of the educational services exceeds the funds received from the domiciliary school district and from other sources.

(2) The serving school district may submit requests of payment for educational services to the Department of Elementary and Secondary Education, Division of Financial and Administrative Services. Requests for payment will be accepted in the following school year during which billable services were delivered.

(3) The serving school district shall use forms prescribed by the department when submitting requests for payment.

(4) The department will determine excess cost payments based on expenditure data and revenue data for the year in which services were provided.

(5) Payments to the serving district may be prorated based on funds appropriated for this purpose.

History

• AUTHORITY: sections 161.092, and 167.126(4) and (5), RSMo 2016. This rule previously filed as 5 CSR 70-742.165. Original rule filed June 21, 1996, effective Jan. 30, 1997. Amended: Filed Sept. 16, 1997, effective March 30, 1998. Moved to 5 CSR 20-300.130, effective Aug. 16, 2011. Moved to 5 CSR 30-660.095 and amended: Filed April 23, 2021, effective Dec. 30, 2021. Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014, and 167.126, RSMo 1995, amended 1997.

Chapter 680 Food and Nutrition Services

5 CSR 30-680.050 Determining Eligibility for Free and Reduced Price Meals and ELEMENTARY AND Administrative Services {#sec-5-csr-30-680.050 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-680.050}

5 CSR 30-680.010 National School Meals Program {#sec-5-csr-30-680.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-680.010}

PURPOSE: The State Board of Education (board) is authorized and directed to cooperate with the secretary of agriculture to administer programs to provide meals to students.

This rule establishes the regulations for the establishment, maintenance, and operation of the national school meals program, including: determining eligibility for Free and Reduced Price Meals and Milk in Schools; the National School Lunch Program; and the School Breakfast Program.

rial. The entire text of the rule is printed (1) The Department of Elementary and Secondary Education (department) is authorized and directed to cooperate with the secretary of agriculture to administer programs to provide meals to students in the following programs:

(A) Determining Eligibility for Free and Reduced Price Meals and Milk in Schools.

1. This rule details state and local 245, which is used to determine eligibility and establish procedures for extending free and reduced price meals and free milk to eligible children from economically needy families. Specific areas in this rule include eligibility standards, public announcements, applications, hearing procedures, and nondiscrimination practices. This rule enables the department to calculate students in districts that elect other Special Provision Options to include Provision 1, Provision 2, and Provision 3 in the same manner as is used for the United States Department of Agriculture (USDA) Community Eligibility Option as stated in section 163.011(6), RSMo;

(B) Administration of the National School Lunch Program.

1. This rule details state and local 210, for the administration of the National School Lunch Program including, but not limited to, requirements for participation, requirements for lunches, free and reduced price lunches, reimbursement payments, management evaluations, and audits; and (C) School Breakfast Program.

2. This rule details the state and local 220, for the administration of the School Breakfast Program, and as also outlined in sections 191.800-191.815, RSMo.

A. The USDA’s School Breakfast Program, as authorized by 42 U.S.C. section 1773, shall be established in each public school district in the state in each school under its authority in which thirty-five percent (35%) or more of the students enrolled in the school were eligible for free or reduced price meals on October 1 of the preceding school year.

B. In subsequent years, any school within a school district where the percentage of students approved to receive free or reduced price school meals is thirty-five percent (35%) or more of the enrollment as of October 1, the School Breakfast Program must be established by July 1 of the following school year.

C. To determine the participation requirement, as of October 1 of each school year for each school which does not operate the School Breakfast Program, the school district must determine the enrollment of the school, the number of students approved according to federal guidelines to receive free or reduced price school meals, and the percentage of students enrolled in the school approved to receive free or reduced price school meals. The percentage of students approved to receive free or reduced price school meals is obtained by dividing the total number of students approved to receive free or reduced price school meals by the enrollment.

D. Documentation of the participation determination for each school which does not operate the School Breakfast Program shall be provided to the department on a form as may be required by the department no later than February 1 of each year. This documentation also shall be maintained at the school district office and shall be made available for review by interested individuals.

E. A review of the documentation records relating to the School Breakfast Program participation requirement will be made by representatives of the department during school food service on-site reviews. School districts determined not to be in compliance with the School Breakfast Program participation requirement will be given sixty (60) days to initiate the School Breakfast Program in schools where required or request a School Breakfast Program waiver as outlined in paragraph (1)(C)2.

2. School Breakfast Program Participation Waiver.

A. A public school district may receive a waiver from the department for the School Breakfast Program requirement described in paragraph (1)(C)1. The board of education of the school district seeking a waiver must adopt by majority vote a resolution requesting a waiver from the School Breakfast Program requirement.

B. A written request for a waiver shall be filed with the department and shall contain the name of the school district, the name(s) of the school(s) to which the waiver applies, the enrollment and number of students approved to receive free or reduced price school meals in each school, a statement indicating the board of education’s reason(s) for the waiver, the date of the board action, the effective date of the waiver, and the signature of the board president, board secretary, or superintendent.

C. A request for a waiver may be submitted at any time during the year, but should be submitted before July 1. Following department approval, a waiver will be valid for a period of three (3) years. At the end of that time, the request process must be repeated. A board of education may rescind a waiver at any time.

D. Documentation of the waiver must be kept on file at the school district office and made available for review by interested individuals.

3. School Breakfast Program Hardship Grant Program.

A. Subject to appropriation of funds for this purpose, state supplemental funds will be distributed through the School Breakfast Program Hardship Grant Program.

Application for School Breakfast Program Hardship Grant Program funds may be made by public school districts participating in the School Breakfast Program to the department any time after July 1 but no later than November 1 of the school year following the year for which supplemental funds are being requested (grant year). Each application shall contain information as may be required to enable the department to dispense funds under the provisions of this rule.

B. Priority for allocating funds under the School Breakfast Program Hardship Grant Program shall be based upon a need factor, which will be the percentage (by school) of free and reduced price student breakfasts served of total student breakfasts served during the grant year. To determine school priority, a ranking from the highest to the lowest by need factor will be made.

C. Following the priority ranking of schools, supplemental funds will be distributed to schools according to the student breakfasts served during the grant year. Distribution of funds for breakfasts served will be made in the order of—student free breakfasts, student reduced price breakfasts, and student paid breakfasts. In each instance, the combined funds received by a school per breakfast from all sources, federal, local, and state, shall not exceed the district per breakfast cost.

D. In the event that insufficient funds are appropriated to allow for a complete allocation to schools that apply, a proration of the funds provided will be made. First priority for the allocation of prorated funds will be schools classified under federal guidelines as severe need breakfast schools. Second priority will be schools serving thirty-five percent (35%) or more free and reduced price breakfasts. Third priority will be all other schools that apply. The distribution of funds will be the same as outlined in subparagraph (1)(C)3.C. of this rule, except that funds for free and reduced price meals will be distributed in all levels before being distributed for paid meals.

4. Outreach Activities. The department shall collaborate with other agencies responsible for administering emergency and supplemental food programs in designing and implementing food program outreach activities. Department outreach activities shall be focused on information concerning the School Breakfast Program and may include written materials, brochures, newsletters, news releases, public service announcements, and videos.

(2) 7 CFR parts 210, 220, and 245, and 42 U.S.C. section 1773 are hereby incorporated by reference and made part of this rule as published by the U.S. Government Publishing Office, 732 North Capitol Street NW, Washington, DC 20401-0001, in August 2021. Copies of these regulations can also be obtained from the Department of Elementary and Secondary Education, Division of Financial and Administrative Services, Food and Nutrition Services Section, 205 Jefferson Street, PO Box 480, Jefferson City, MO 65102-0480 and at https://dese.mo.gov/governmental-affairs/dese-administrativerules/incorporated-reference-materials. This

rule does not incorporate any subsequent amendments or additions.

Amended: Filed July 6, 1976, effective Nov. 1, 1976. Amended: Filed Nov. 12, 1976, effective March 1, 1977. Amended: Filed Feb. 3, 1977, effective June 1, 1977. Amended: Filed July 10, 1978, effective Oct. 16, 1978. Amended: Filed Jan. 31, 1979, effective May 14, 1979. Amended: Filed Aug. 16, 1979, effective Nov. 12, 1979. Amended:

Filed Oct. 11, 1979, effective Jan. 14, 1980.

Amended: Filed Dec. 7, 1979, effective March 14, 1980. Amended: Filed March 4, 1980, effective July 1, 1980. Amended: Filed June 26, 1980, effective Nov. 17, 1980.

Amended: Filed Sept. 12, 1980, effective Dec. 15, 1980. Amended: Filed Nov. 17, 1980, effective March 16, 1981. Amended:

Filed Feb. 3, 1981, effective May 12, 1981.

Amended: Filed Nov. 6, 1981, effective Feb. 15, 1982. Amended: Filed April 26, 1982, effective Aug. 13, 1982. Amended: Filed Aug. 27, 1982, effective Dec. 13, 1982. Amended:

Filed Jan. 24, 1983, effective May 16, 1983.

Amended: Filed Feb. 25, 1983, effective June 13, 1983. Amended: Filed June 7, 1983, effective Sept. 12, 1983. Amended: Filed July 20, 1983, effective Nov. 14, 1983. Amended:

Filed Oct. 5, 1983, effective Jan. 16, 1984.

Sept. 14, 1984. Amended: Filed June 28, 1985, effective Oct. 1, 1985. Amended: Filed June 17, 1986, effective Sept. 12, 1986.

Amended: Filed Nov. 26, 1986, effective Feb. 12, 1987. Amended: Filed April 8, 1987, effective June 25, 1987. Amended: Filed May 27, 1987, effective Aug. 27, 1987. Amended:

Filed Sept. 25, 1987, effective Dec. 24, 1987.

Amended: Filed March 1, 1988, effective May 26, 1988. Amended: Filed Sept. 9, 1988, effective Dec. 12, 1988. Amended:

Filed April 28, 1989, effective July 27, 1989.

Amended: Filed May 23, 1990, effective Sept. 28, 1990. Amended: Filed Oct. 23, 1991, effective March 9, 1992. Amended: Filed Aug. 19, 2021, effective March 30, 2022. 1973, 2002, 2003, 2013, 2014; 167.201, RSMo 1963; 178.430, RSMo 1963; 191.800–191.813, RSMo 1992; and 191.815, RSMo 1992, amended 1993, 1995.

History

• AUTHORITY: sections 161.092, 167.201, 178.430, and 191.800-191.815, RSMo 2016. This rule was previously filed as 5 CSR 40-680.010. Original rule filed Dec. 24, 1975, effective Jan. 3, 1976. Amended: Filed June 11, 1976, effective Oct. 1, 1976.

5 CSR 30-680.020 Special Milk Program for Children responsibilities for the administration of the Special Milk Program for Children including, but not limited to, requirements for participation, reimbursement payments, administrative analyses, and audits. {#sec-5-csr-30-680.020 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-680.020}

rial. The entire text of the rule is printed (1) This rule incorporates federal regulations, as contained in 7 CFR part 215, which are used to administer the Special Milk Program for Children. Specific areas in this rule include requirements for participation, reimbursement procedures, administrative analyses, and audits. 7 CFR part 215 of the Code of Federal Regulations, which is incorporated by reference and made a part of this rule by the Office of the Federal Register, Office of Administration, is available by contacting the U.S. Government Publishing Office, 732 North Capitol Street NW, Washington, DC 20401-0001, as published in August 2021. A copy of this regulation can also be obtained from the Department of Elementary and Secondary Education, Division of Financial and Administrative Services, Food and Nutrition Services Section, 205 Jefferson Street, PO Box 480, Jefferson City, MO 65102-0480 and at https://dese.mo.gov/governmentalas 5 CSR 40-680.020. Original rule filed Dec. 24, 1975, effective Jan. 3, 1976.

Amended: Filed Aug. 9, 1976, effective Dec. 1, 1976. Amended: Filed Feb. 13, 1978, effective May 15, 1978. Amended: Filed July 13, 1979, effective Oct. 12, 1979. Amended:

Filed Aug. 16, 1979, effective Nov. 12, 1979.

Amended: Filed Feb. 3, 1981, effective May 12, 1981. Amended: Filed Nov. 6, 1981, effective Feb. 15, 1982. Amended: Filed April 26, 1982, effective Aug. 13, 1982. Amended:

Filed June 7, 1983, effective Sept. 12, 1983.

Sept. 14, 1984. Amended: Filed April 8, 1987, effective June 25, 1987. Amended:

Filed May 27, 1987, effective Aug. 27, 1987.

Amended: Filed Sept. 25, 1987, effective (2/28/22) JOHN R. ASHCROFT Dec. 24, 1987. Amended: Filed Oct. 23, 1991, effective March 9, 1992. Amended:

5 CSR 30-680.030 School Breakfast Program {#sec-5-csr-30-680.030 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-680.030}

(Rescinded March 30, 2022)

This rule was previously filed as 5 CSR 40- 680.030. Original rule filed Dec. 24, 1975, effective Jan. 3, 1976. Amended: Filed Sept. 13, 1976, effective Jan. 1, 1977. Amended:

Filed Dec. 27, 1976, effective April 11, 1977.

Amended: Filed Aug. 16, 1979, effective Nov. 12, 1979. Amended: Filed Oct. 11, 1979, effective Jan. 14, 1980. Amended: Filed Dec. 7, 1979, effective March 14, 1980. Amended:

Filed March 4, 1980, effective July 1, 1980.

Amended: Filed Nov. 17, 1980, effective March 16, 1981. Amended: Filed Jan. 27, 1981, effective May 12, 1981. Amended:

Filed Nov. 6, 1981, effective Feb. 15, 1982.

Amended: Filed April 26, 1982, effective Aug. 13, 1982. Amended: Filed June 7, 1983, effective Sept. 12, 1983. Amended:

Filed Oct. 5, 1983, effective Jan. 16, 1984.

Sept. 14, 1984. Amended: Filed June 28, 1985, effective Oct. 1, 1985. Amended: Filed May 27, 1987, effective Aug. 27, 1987.

Amended: Filed Sept. 25, 1987, effective Dec. 24, 1987. Amended: Filed April 28, 1989, effective July 27, 1989. Amended:

Filed Oct. 23, 1991, effective March 9, 1992.

Amended: Filed Dec. 21, 1992, effective Aug. 9, 1993. Rescinded: Filed Aug. 19, 2021, effective March 30, 2022.

History

• AUTHORITY: section 178.430, RSMo 1986.

5 CSR 30-680.035 Food Service Equipment Assistance Program {#sec-5-csr-30-680.035 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-680.035}

PURPOSE: This rule incorporates the federal regulations published in 7 CFR part 230, governing the Nonfood Assistance Program, which implement P.L. 94-105. State responsibilities for program administration and the role of the division in planning equipment acquisition are outlined. Specific procurement standards and property management requirements are incorporated into the regulations.

rial. The entire text of the rule is printed (1) This rule details state and local responsibilities, as outlined in 7 CFR part 230, for administering the Food Service Equipment Assistance Program. Specific areas in this

rule include use of funds, requirements for participation, reimbursement payments, claims for reimbursement, management evaluations and audits, procurement standards, and property management requirements. 7 CFR part 230 is hereby incorporated by reference and made a part of this rule as published by the U.S. Government Publishing Office, 732 North Capitol Street NW, Washington, DC 20401-0001, as published in August 2021. A copy of this regulation can also be obtained from the Department of Elementary and Secondary Education, Division of Financial and Administrative Services, Food and Nutrition Services Section, 205 Jefferson Street, PO Box 480, Jefferson City, MO 65102-0480 and at as 5 CSR 40-680.035. Original rule filed Oct. 14, 1976, effective Feb. 1, 1977.

Amended: Filed Aug. 16, 1979, effective Nov. 12, 1979. Amended: Filed June 26, 1980, effective Nov. 17, 1980. Amended: Filed April 26, 1982, effective Aug. 13, 1982. Amended:

5 CSR 30-680.040 Cash in Lieu of Commodities administrative responsibilities for distributing and accounting for funds received in lieu of commodities. {#sec-5-csr-30-680.040 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-680.040}

rial. The entire text of the rule is printed (1) This rule details state and local responsibilities, as outlined in 7 CFR part 240, which are used to distribute cash in lieu of commodities and specify how these funds may be used. Specific areas in this rule include apportionment of funds, use of funds, payments to schools, records, and reports. 7 CFR part 240 is hereby incorporated by reference and made a part of this rule as published by the U.S. Government Publishing Office, 732 North Capitol Street NW, Washington, DC 20401-0001, in August 2021. A copy of this regulation can also be obtained from the Department of Elementary and Secondary Education, Division of Financial and Administrative Services, Food and Nutrition Services Section, 205 Jefferson Street, PO Box 480, Jefferson City, MO 65102-0480 and at https://dese.mo.gov/governmentalas 5 CSR 40-680.040. Original rule filed Dec. 24, 1975, effective Jan. 3, 1976.

Amended: Filed Dec. 27, 1976, effective April 15, 1977. Amended: Filed Aug. 19, 2021, effective March 30, 2022.

5 CSR 30-680.050 Determining Eligibility for Free and Reduced Price Meals and Milk in Schools {#sec-5-csr-30-680.050 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-680.050}

(Rescinded March 30, 2022)

rule was previously filed as 5 CSR 40- 680.050. Original rule filed Dec. 24, 1975, effective Jan. 3, 1976. Amended: Filed July 13, 1976, effective Nov. 1, 1976. Amended:

Filed Aug. 9, 1976, effective Dec. 1, 1976.

Amended: Filed June 21, 1977, effective Oct. 17, 1977. Amended: Filed Jan. 31, 1979, effective May 14, 1979. Amended: Filed July 13, 1979, effective Oct. 12, 1979. Amended:

Filed Aug. 16, 1979, effective Nov. 12, 1979.

Amended: Filed Nov. 17, 1980, effective March 16, 1981. Amended: Filed Nov. 6, 1981, effective Feb. 15, 1982. Amended:

Filed April 26, 1982, effective Aug. 13, 1982.

Amended: Filed June 7, 1983, effective Sept. 12, 1983. Amended: Filed July 10, 1984, effective Oct. 15, 1984. Amended: Filed July 1, 1987, effective Sept. 24, 1987. Amended:

Filed May 23, 1990, effective Sept. 28, 1990.

Amended: Filed Oct. 23, 1991, effective March 9, 1992. Amended: Filed April 21, 2016, effective Nov. 30, 2016. Rescinded:

History

• AUTHORITY: section 161.092, RSMo Supp. 2014, and section 178.430, RSMo 2000. This

5 CSR 30-680.060 Food Distribution administrative responsibilities regarding commodities received under the Food Distribution Program for use in school feeding programs. {#sec-5-csr-30-680.060 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-680.060}

rial. The entire text of the rule is printed (1) This rule details state and local responsibilities, as outlined in 7 CFR part 250, which are used to administer the Food Distribution Program. Specific areas in this rule include availability of donated foods, eligible recipients, disposition of damaged or out-of-condition foods, and obligations and responsibilities of states and recipient agencies which enter into agreement with food processors. 7 CFR Part 250 is incorporated by reference and made a part of this rule as published by the U.S. Government Publishing Office, 732 North Capitol Street NW, Washington, DC 20401-0001, in August 2021. A copy of this

regulation can also be obtained from the Department of Elementary and Secondary Education, Division of Financial and Administrative Services, Food and Nutrition Services Section, 205 Jefferson Street, PO Box 480, Jefferson City, MO 65102-0480 and at

Amended: Filed May 13, 1976, effective Sept. 1, 1976. Amended: Filed Aug. 9, 1976, effective Dec. 1, 1976. Amended: Filed Oct. 13, 1978, effective Jan. 15, 1979. Amended:

Filed Sept. 25, 1981, effective Jan. 15, 1982.

Amended: Filed March 27, 1989, effective June 29, 1989. Amended: Filed Aug. 19, 2021, effective March 30, 2022. 1973, 2002, 2003, 2013, 2014, and 167.201, RSMo 1963.

History

• AUTHORITY: sections 161.092 and 167.201, as 5 CSR 40-680.060. Original rule filed Dec. 24, 1975, effective Jan. 3, 1976.

5 CSR 30-680.070 Summer Food Service Program—Request for Waiver {#sec-5-csr-30-680.070 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-680.070}

PURPOSE: Senate Bill 449, the Hunger Relief Act, outlines provisions for participation in the United States Department of Agriculture’s Summer Food Service Program as authorized under 42 U.S.C. 1761 by eligible service institutions. Eligible service institutions include public nonprofit school food authorities. This rule describes the process by which public nonprofit school food authorities may obtain a waiver excusing them from participating in the Summer Food Service Program.

rial. The entire text of the rule is printed (1) The Summer Food Service Program is authorized by 42 U.S.C. section 1761, which is hereby incorporated by reference and made a part of this rule as published by the U.S.

Government Publishing Office, 732 North Capitol Street NW, Washington, DC 20401- 0001, as published in August 2021. A copy of this regulation can also be obtained from the Department of Elementary and Secondary Education, Division of Financial and Administrative Services, Food and Nutrition Services Section, 205 Jefferson Street, PO Box 480, Jefferson City, MO 65102-0480 and at (2) Summer Food Service Participation Waiver.

(A) A public school district may receive a waiver from participating in the Summer Food Service Program from the Department of Elementary and Secondary Education (department). The board of education of the school district seeking a waiver must adopt by majority vote a resolution requesting a waiver from participating in the Summer Food Service Program.

(B) A written request for a waiver shall be filed with the department and shall contain the name of the school district, a statement indicating the board of education’s reason(s) for the waiver, the date of the board action, the effective date of the waiver, and the signature of the board president, board secretary, or superintendent.

(C) A request for a waiver may be submitted at any time during the year but should be submitted before the end of the school year.

Following department approval of a waiver, it will be valid for a period of three (3) years.

At the end of that time, the request process must be repeated. A board of education may rescind a waiver at any time.

(D) Documentation of the waiver must be kept on file at the school district office and made available for review by interested individuals.

History

• AUTHORITY: sections 161.092 and 191.810, RSMo 2016. Original rule filed Dec. 21, 1992, effective Aug. 9, 1993. Amended: Filed Aug. 19, 2021, effective March 30, 2022. 1973, 2002, 2003, 2013, 2014, and 191.810, RSMo 1992.

5 CSR 30-680.080 School Food Authority Appeal Procedures {#sec-5-csr-30-680.080 omnilex-key=us-mo-regs-official--title-5--5 CSR 30-680.080}

PURPOSE: This rule establishes the appeal procedures when a school food authority requests a review of a denial of all or part of a claim for reimbursement, or for withholding payment arising from administrative review activity conducted by the Department of Elementary and Secondary Education (department) under 7 CFR section 210.18.

(1) The department, through an agreement with the Food and Nutrition Service, United States Department of Agriculture, administers the School Lunch Program and the Commodity School Program. Each Local Education Agency (LEA) has a School Food

(A) The SFA may file an appeal with the department because of a denial of all or part of a claim for reimbursement, reclaim, or withholding of payment resulting from an administrative review conducted by the department under 7 CFR section 210.18.

(B) The department’s action shall remain in effect during the appeal process.

(2) Appeal Procedure.

(A) To make an appeal, the SFA must state in writing whether it is requesting a written review or a hearing. Both reviews will be fair and impartial and will be before an independent official.

(B) The appeal request must identify the state action being appealed and be signed by the SFA’s authorized office school administrator.

(C) All written appeal requests shall be sent to the following address:

ATTN: Governmental Affairs/Food Service Authority Appeal Department of Elementary and Secondary Education PO Box 480 Jefferson City, MO 65102-0480 Or counsel@dese.mo.gov, with “Food Service Authority Appeal” in the subject line (D) All written requests for review must be postmarked by the U.S. Postal Service (or equivalent private delivery service) or delivered to the department within fifteen (15) calendar days of the SFA’s receipt of the state agency notice of the denial of all or part of the claim for reimbursement of withholding of payment. If the appeal is sent by email, the department must receive the email within fifteen (15) calendar days of the SFA’s receipt of the state agency notice of the denial of all or

part of the claim for reimbursement of the withholding of payment. If the fifteenth calendar day falls on a Saturday, Sunday, or federal holiday, requests will be timely if it is postmarked or delivered the next business day that is not a Saturday, Sunday, or federal holiday. The department will not consider untimely appeals.

(E) The department shall acknowledge the receipt of the request for appeal within 10 (ten) calendar days by contacting the SFA’s authorized office school administrator via email.

(F) The review official shall conduct a written review or a hearing as specified in the request by the appellant SFA. Regardless of which review is conducted, the department shall provide the opportunity for the SFA to review any information obtained or created by the department upon which the notice of withholding was based. The SFA may make requests for the department’s information to the review officer. However, audit investigation notes or other material that may reveal investigation techniques, material prepared for submission to the review officer in preparation for appeal, or confidential information need not be provided.

(3) Written Review of the Record.

(A) If the SFA requests a written review of the record, the SFA will have the right to submit written information to the review official.

(B) The department will also have the right to submit written information to the review official.

(C) The commissioner of education (commissioner) will designate a review official to conduct the written review. The review official shall be an independent and impartial officer.

(D) The review official shall make a recommended decision to the commissioner within sixty (60) days after the receipt of all documents from the SFA, unless good cause for delay is demonstrated. The recommended decision will be whether to uphold, reverse, or modify the department’s action based on review of the documentation and information provided by the SFA and the department, and on program regulations.

(E) The commissioner will decide whether to approve or disapprove the review official’s recommended decision. The commissioner’s decision will be sent to the SFA by certified mail, return receipt requested, or equivalent service, or electronically by email, or facsimile. The decision will be sent to the department via email.

(F) The commissioner shall render a decision on or before one hundred twenty (120) days from the date of request for appeal.

(G) The final determination will take effect on the date of the commissioner’s decision, which is the final administrative decision for purposes of review under section 536.150, RSMo.

(4) Hearings.

(A) If the SFA requests a hearing, the review official shall hold a hearing within forty-five (45) days of the department’s receipt of the appeal. Upon request from either party or in the event of scheduling conflicts, the department may hold the hearing at a later date.

(B) The review official shall provide the parties with at least ten (10) days advance written notice of the time, date, location, and case number of the hearing. The department will send the notice either by certified mail or its equivalent, or electronically by email, or facsimile.

(C) The commissioner will designate a review official to conduct hearings. The review official shall be an independent and impartial officer.

(D) Legal counsel may represent the SFA.

(E) Failure of the SFA or SFA’s representative to appear at a scheduled hearing shall constitute a waiver of the right to a personal appearance before the review official.

(F) A representative of the department will attend the hearing to provide testimony and written information and to answer questions from the review official. The department representative may be represented by legal counsel at the hearing.

(G) The department will conduct the hearings as contested case hearing as pursuant to

Chapter 536, RSMo.

(H) A court reporter will transcribe the hearings and will swear in witnesses before testifying.

(I) The review official shall make a recommended decision to the commissioner within sixty (60) days after receipt of the transcript of the hearing. The recommended decision will be whether to uphold, reverse, or modify the state agency’s action based on review of the documentation and testimony presented at the hearing and on program regulations.

The commissioner will decide whether to approve or disapprove the review official’s recommended decision. The commissioner’s decision will be sent to the SFA by certified mail, return receipt requested, or equivalent service, or electronically by email, or facsimile. The decision will be sent to the department via email.

(J) The commissioner must render a decision on or before one hundred twenty (120) days after receipt of the transcript of the hearing.

(K) The final determination shall take effect on the date of the commissioner’s decision which is the final administrative decision for purposes of review under sections 536.100-536.140, RSMo.

RSMo 2016.* Original rule filed April 23, 2021, effective Dec. 30, 2021.

History

• Authority (SFA) that requests reimbursement from the department for expenses related to the administration of the two (2) programs mentioned above. The department makes the (2/28/22) JOHN R. ASHCROFT financial decisions regarding claims for reimbursement filed with it. If a SFA disagrees with the department’s fiscal action determination, the SFA may file an appeal with the department.

Division 50 Division of School Improvement*

Chapter 200 Gifted and Alternative Programs (moved to 5 CSR 20-100)

5 CSR 50-200.010 Programs for Gifted Children {#sec-5-csr-50-200.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-200.010}

(Moved to 5 CSR 20-100.110)

5 CSR 50-200.050 Advanced Placement, Dual Credit Course, and International Baccalaureate Fee Payment Programs {#sec-5-csr-50-200.050 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-200.050}

(Moved to 5 CSR 20-100.120)

ROBINCARNAHAN(10/31/11)

Chapter 220 * - Drug and Alcohol Abuse Education

5 CSR 50-220.100 General Provisions {#sec-5-csr-50-220.100 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-220.100}

(Rescinded October 30, 1995)

Filed Jan. 30, 1989, effective April 27, 1989. Rescinded and readopted: Filed Jan. 14, 1991, effective June 10, 1991. Rescinded:

Filed March 21, 1995, effective Oct. 30, 1995.

MATTBLUNT(9/30/01)

History

• AUTHORITY: sections 178.430 and 178.440, RSMo 1986. Original rule filed March 30, 1987, effective June 25, 1987. Amended:

Chapter 270 Early Childhood Education (moved to 5 CSR 20-600)

5 CSR 50-270.010 General Provisions Governing Programs Authorized Under the Early Childhood Development Act {#sec-5-csr-50-270.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-270.010}

(Moved to 5 CSR 20-600.110)

5 CSR 50-270.020 Screening Under the Early Childhood Development Act {#sec-5-csr-50-270.020 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-270.020}

Filed Feb. 27, 1992, effective Sept. 6, 1992.

History

• AUTHORITY: sections 178.691–178.649, RSMo 1986. Original rule filed April 4, 1985, effective Sept. 3, 1985. Rescinded:

5 CSR 50-270.030 Parent Education Under the Early Childhood Development Act {#sec-5-csr-50-270.030 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-270.030}

Filed Dec. 16, 1985, effective March 24, 1986. Amended: Filed April 30, 1986, effective July 28, 1986. Amended: Filed July 1, 1987, effective Oct. 25, 1987. Amended:

Filed May 2, 1989, effective Aug. 24, 1989.

Amended: Filed Feb. 26, 1991, effective Aug. 30, 1991. Rescinded: Filed Feb. 27, 1992, effective Sept. 6, 1992.

History

• AUTHORITY: sections 178.641–178.699, RSMo 1986. Original rule filed April 14, 1985, effective Sept. 3, 1985. Amended:

5 CSR 50-270.040 Programs for Developmentally Delayed Children {#sec-5-csr-50-270.040 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-270.040}

Filed Feb. 27, 1992, effective Sept. 6, 1992.

ROBINCARNAHAN(10/31/11)

History

• AUTHORITY: sections 178.691–178.699, RSMo 1986. Original rule filed April 4, 1985, effective Sept. 3, 1985. Rescinded:

Chapter 280 Testing and Assessment (moved to 5 CSR 20-200)

5 CSR 50-280.010 Student Assessment {#sec-5-csr-50-280.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-280.010}

(Moved to 5 CSR 20-200.210)

ROBINCARNAHAN(10/31/11)

Chapter 300 Educational Loan Cancellation (moved to 5 CSR 20-200)

5 CSR 50-300.010 Determining Schools Having High Concentrations of Low- Income Children for Purposes of National Defense Education, National Direct and Federal Perkins Student Loan Cancellation {#sec-5-csr-50-300.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-300.010}

(Moved to 5 CSR 20-200.220)

ROBINCARNAHAN(10/31/11)

Chapter 310 * - Incentives for School Excellence Program

5 CSR 50-310.010 General Provisions {#sec-5-csr-50-310.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-310.010}

(Rescinded November 30, 2003)

Original rule filed Feb. 26, 1986, effective May 29, 1986. Amended: Filed Dec. 11, 1986, effective March 26, 1987. Amended:

Filed May 1, 1987, effective Aug. 27, 1987.

Rescinded: Filed April 23, 2003, effective Nov. 30, 2003.

MATTBLUNT(10/31/03)

Chapter 310óIncentives for School Excellence Program5 CSR 50-310

History

• AUTHORITY: section 160.264, RSMo 1986.

Chapter 320 * - State Reimbursed Classes in Remedial Reading

5 CSR 50-320.010 State Reimbursed Remedial Reading {#sec-5-csr-50-320.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-320.010}

(Rescinded June 30, 2008)

This rule was previously filed as 5 CSR 70- 742.130. Original rule filed April 12, 1983, effective Aug. 15, 1983. Rescinded and readopted: Filed April 23, 1991, effective Oct. 31, 1991. Amended: Filed Jan. 26, 1996, effective Aug. 30, 1996. Amended: Filed May 29, 1998, effective Dec. 30, 1998. Rescinded:

Filed Nov. 28, 2007, effective June 30, 2008.

ROBINCARNAHAN(5/31/08)

History

• AUTHORITY: section 162.975, RSMo 1994.

Chapter 321 Consolidated Federal Programs (moved to 5 CSR 20-100)

5 CSR 50-321.010 General Provisions Governing the Consolidated Grants Under the Improving America’s Schools Act {#sec-5-csr-50-321.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-321.010}

(Moved to 5 CSR 20-100.130)

5 CSR 50-321.020 General Provisions Governing the Consolidated Grants for the Federal and State Discretionary Programs {#sec-5-csr-50-321.020 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-321.020}

(Moved to 5 CSR 20-100.140)

5 CSR 50-321.100 General Provisions, Emergency Immigrant Education Program Original rule filed Feb. 27, 1990, effective June 28, 1990. Amended: Filed March 29, {#sec-5-csr-50-321.100 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-321.100}

5 CSR 50-321.200 General Provisions, Foreign Languages Assistance Program {#sec-5-csr-50-321.200 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-321.200}

Original rule filed June 26, 1992, effective Feb. 26, 1993. Rescinded: Filed March 22, 1999, effective Sept. 30, 1999.

History

• AUTHORITY: section 178.430, RSMo 1986.

5 CSR 50-321.300 General Provisions, Stewart B. McKinney Homeless Assistance Act Original rule filed July 22, 1992, effective April 8, 1993. Amended: Filed March 21, {#sec-5-csr-50-321.300 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-321.300}

5 CSR 50-321.400 General Provisions, Even Start Family Literacy Program Original rule filed July 22, 1992, effective April 8, 1993. Amended: Filed March 21, ROBINCARNAHAN(10/31/11) {#sec-5-csr-50-321.400 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-321.400}

Chapter 340 School Improvement and Accountability (moved to 5 CSR 20-100, 5 CSR 20-200, and 5 CSR 20-600)

5 CSR 50-340.010 Classification and Accreditation of Public School Districts {#sec-5-csr-50-340.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-340.010}

(Rescinded August 30, 2000)

Filed May 25, 1978, effective Sept. 18, 1978.

Amended: Filed Oct. 12, 1978, effective Jan. 15, 1979. Amended: Filed July 15, 1980, effective Oct. 13, 1980. Amended: Filed July 13, 1982, effective Oct. 12, 1982. Amended:

Filed Aug. 12, 1983, effective Dec. 12, 1983.

Amended: Filed Dec. 5, 1983, effective May 14, 1984. Amended: Filed Dec. 7, 1983, effective April 12, 1984. Amended: Filed Feb. 8, 1985, effective July 1, 1985. Emergency amendment filed Sept. 2, 1988, effective Sept. 13, 1988, expired Nov. 24, 1988.

Amended: Filed Aug. 1, 1988, effective Oct. 27, 1988. Amended: Filed Oct. 3, 1989, effective Jan. 26, 1990. Amended: Filed Feb. 27, 1992, effective Sept. 6, 1992. Amended:

Filed July 23, 1993, effective July 1, 1994.

Rescinded: Filed Jan. 19, 2000, effective Aug. 30, 2000.

Op. Atty. Gen. No. 416, Groves (9-25-69).

There is no Missouri statute or rule of the State Board of Education requiring students to take “mass showers” or requiring teachers to include sex education in the curriculum of kindergarten through sixth grade.

Op. Atty. Gen. No. 415, King Jr. (12-29-64).

As regards the University of Missouri and its branches, Lincoln University and the five state colleges, that— 1. Under the constitution and statutes of Missouri a graduate of an accredited high school does not have an absolute right to be admitted. 2. The governing boards of these institutions have the

Op. Atty. Gen. No. 6, Bell (7-28-61). Teachers’ certificates are valid when issued and (except for county third grade certificates) the local county superintendent of schools does not have authority to require these certificates to be registered or recorded with him/her and the county superintendent of schools does not have the power to pass on the moral character and requirements, other than scholastic, of the teacher (except teachers holding county third grade certificates).

History

• AUTHORITY: sections 160.041, 161.092 and 167.131, RSMo 1986, 163.021, RSMo Supp. 1991 and 171.031, RSMo Supp. 1992. Original rule filed Aug. 27, 1973, effective Sept. 7, 1973. Amended: Filed May 13, 1976, effective Sept. 1, 1976. Amended: Filed Feb. 1, 1978, effective May 15, 1978. Amended:
• authority to set through rules admissions requirements which are reasonable and not arbitrary. 3. The provisions of neither Article IX, section 1(a), Missouri Constitution of 1945, nor section 160.090(2), RSMo (1959) prevent the governing boards of these institutions from adopting reasonable and nonarbitrary admission requirements.

5 CSR 50-340.018 Military Service Credit Nov. 15, 1969. Rescinded: Filed Aug. 26, {#sec-5-csr-50-340.018 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-340.018}

5 CSR 50-340.019 Military Science Credit Nov. 15, 1969. Rescinded: Filed Aug. 26, {#sec-5-csr-50-340.019 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-340.019}

5 CSR 50-340.020 Instruction for Prekindergarten {#sec-5-csr-50-340.020 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-340.020}

(Moved to 5 CSR 20-600.120)

5 CSR 50-340.021 Applied Music Credit Nov. 15, 1969. Rescinded: Filed Aug. 26, {#sec-5-csr-50-340.021 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-340.021}

5 CSR 50-340.022 State Reading Circle Program Nov. 15, 1969. Rescinded: Filed Aug. 26, {#sec-5-csr-50-340.022 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-340.022}

5 CSR 50-340.030 Standards for Missouri School Library Media Centers {#sec-5-csr-50-340.030 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-340.030}

Nov. 15 1969. Rescinded and readopted:

Filed Oct. 15, 1980, effective Jan. 15, 1981.

Amended: Filed March 29, 2002, effective Oct. 30, 2002. Rescinded: Filed Aug. 26,

History

• AUTHORITY: section 161.092, RSMo 2000.

5 CSR 50-340.050 Policies and Standards for Summer School Programs {#sec-5-csr-50-340.050 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-340.050}

(Moved to 5 CSR 20-100.160)

5 CSR 50-340.060 Policies and Standards for Part-Time Public School Students {#sec-5-csr-50-340.060 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-340.060}

rule filed Nov. 15, 1977, effective Feb. 15, 1978. Rescinded: Filed Aug. 26, 2011, effective March 30, 2012.

History

• AUTHORITY: sections 161.092(2) and 163.031, RSMo 1986, and sections 163.011 and 163.021(2), RSMo Supp. 1988. Original

5 CSR 50-340.070 Standards for Part-Time Schools {#sec-5-csr-50-340.070 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-340.070}

Original rule filed Jan. 31, 1979, effective May 14, 1979. Rescinded: Filed Aug. 26,

History

• AUTHORITY: section 178.310, RSMo 1986.

5 CSR 50-340.090 Standards for Innovative and Experimental Programs {#sec-5-csr-50-340.090 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-340.090}

(Moved to 5 CSR 20-200.250)

5 CSR 50-340.100 Approval of Utilizing Courses Delivered Primarily Through Electronic Media {#sec-5-csr-50-340.100 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-340.100}

Original rule filed Sept. 25, 1987, effective Jan. 29, 1988. Amended: Filed Sept. 27, 1995, effective March 30, 1996. Rescinded:

Filed Aug. 26, 2011, effective March 30, 2012.

History

• AUTHORITY: section 161.092, RSMo 1994.

5 CSR 50-340.110 Policies and Standards Relating to Academically Deficient Schools {#sec-5-csr-50-340.110 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-340.110}

(Rescinded October 30, 2005)

Rescinded and readopted: Filed March 22, 1999, effective Sept. 30, 1999. Amended and moved to 5 CSR 50-340.110: Filed Sept. 27, 2001, effective May 30, 2002. Amended:

Filed April 23, 2003, effective Nov. 30, 2003.

ROBINCARNAHAN(2/29/12)

Rescinded: Filed April 1, 2005, effective Oct. 30, 2005.

History

• AUTHORITY: sections 160.538, RSMo 2000 and 161.092, RSMo Supp. 2002. Previously filed as 5 CSR 30-340.010. Original rule filed Sept. 5, 1996, effective March 30, 1997.

5 CSR 50-340.150 Priority Schools {#sec-5-csr-50-340.150 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-340.150}

Filed Sept. 27, 1995, effective March 30, 1996. Rescinded and readopted: Filed Oct. 12, 2004, effective May 30, 2005. Rescinded:

Filed Aug. 26, 2011, effective March 30, 2012.

History

• AUTHORITY: sections 160.720 and 161.092, RSMo Supp. 2004. Original rule filed Sept. 25, 1987, effective Jan. 29, 1988. Amended:

5 CSR 50-340.200 Annual Public Reporting of Information by School Districts {#sec-5-csr-50-340.200 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-340.200}

(Rescinded January 30, 2006)

Filed April 23, 2003, effective Nov. 30, 2003.

Rescinded: Filed June 30, 2005, effective Jan. 30, 2006.

4CODE OF STATE REGULATIONS

(2/29/12) ROBINCARNAHAN

SECONDARY EDUCATION

History

• AUTHORITY: sections 160.522 and 161.092, RSMo Supp. 2002. Original rule filed Oct. 25, 2001, effective May 30, 2002. Amended:

Chapter 345 Missouri School Improvement Program (moved to 5 CSR 20-100)

5 CSR 50-345.010 General Provisions {#sec-5-csr-50-345.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-345.010}

(Moved to 5 CSR 30-345.010)

5 CSR 50-345.020 Policies on Waiver of Regulations {#sec-5-csr-50-345.020 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-345.020}

(Rescinded February 28, 2007)

Filed May 25, 2001, effective Jan. 30, 2002.

Rescinded: Filed July 14, 2006, effective Feb. 28, 2007.

History

• AUTHORITY: sections 160.518, 160.545, 161.092,161.210 and 163.031.5(3), RSMo 2000. This rule was previously filed as 5 CSR 30-345.020. Original rule filed Sept. 30, 1999, effective March 30, 2000. Amended:

5 CSR 50-345.100 Missouri School Improvement Program {#sec-5-csr-50-345.100 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-345.100}

(Moved to 5 CSR 20-100.170)

5 CSR 50-345.200 Waivers of Regulations {#sec-5-csr-50-345.200 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-345.200}

(Moved to 5 CSR 20-100.180)

5 CSR 50-345.300 Graduation Requirements for Students in Public High Schools {#sec-5-csr-50-345.300 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-345.300}

(Moved to 5 CSR 20-100.190)

Chapter 350 State Programs (moved to 5 CSR 20-100)

5 CSR 50-350.010 General Provisions {#sec-5-csr-50-350.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-350.010}

1988. Original rule filed May 2, 1989, effective Aug. 24, 1989. Rescinded: Filed Aug. 26, 2011, effective March 30, 2012.

History

• AUTHORITY: section 170.250, RSMo Supp.

5 CSR 50-350.015 General Provisions Governing the Improving America’s Schools Act, The Technology Literacy Challenge Fund {#sec-5-csr-50-350.015 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-350.015}

(Rescinded November 30, 2003)

Filed April 23, 2003, effective Nov. 30, 2003.

History

• AUTHORITY: sections 178.430 and 178.440, RSMo 1994. Original rule filed June 30, 1997, effective Jan. 30, 1998. Rescinded:

5 CSR 50-350.020 Safe Schools Educational Program Grants {#sec-5-csr-50-350.020 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-350.020}

1997. Original rule filed July 31, 1998, effective Feb. 28, 1999. Rescinded: Filed Aug. 26, 2011, effective March 30, 2012.

History

• AUTHORITY: section 167.335, RSMo Supp.

5 CSR 50-350.030 Safe Schools Curriculum {#sec-5-csr-50-350.030 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-350.030}

1997. Original rule filed Oct. 16, 1998, effective May 30, 1999. Rescinded: Filed Aug. 26, 2011, effective March 30, 2012.

History

• AUTHORITY: section 161.650, RSMo Supp.

5 CSR 50-350.040 A+ Schools Program {#sec-5-csr-50-350.040 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-350.040}

(Moved to 5 CSR 20-100.200)

5 CSR 50-350.050 Persistence to Graduation Program Grants {#sec-5-csr-50-350.050 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-350.050}

Filed Aug. 26, 2011, effective March 30, 2012.

ROBINCARNAHAN(2/29/12)

History

• AUTHORITY: sections 160.950 and 161.092, RSMo Supp. 2009. Original rule filed Feb. 1, 2010, effective Aug. 30, 2010. Rescinded:

Chapter 355 No Child Left Behind (moved to 5 CSR 20-100)

5 CSR 50-355.100 Persistently Dangerous Schools {#sec-5-csr-50-355.100 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-355.100}

(Moved to 5 CSR 20-100.210)

ROBINCARNAHAN(10/31/11)

Chapter 360 * - Pupil/Teacher Ratio Reduction Incentive Program

5 CSR 50-360.010 General Provisions {#sec-5-csr-50-360.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-360.010}

(Rescinded November 30, 2003)

1993. Original rule filed Nov. 2, 1993, effective June 6, 1994. Rescinded: Filed April 23, 2003, effective Nov. 30, 2003.

History

• AUTHORITY: section 160.550, RSMo Supp.

Chapter 370 * - New Schools Pilot Project

5 CSR 50-370.010 General Provisions {#sec-5-csr-50-370.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-370.010}

(Rescinded November 30, 2003)

1993. Original rule filed Nov. 2, 1993, effective June 6, 1994. Rescinded: Filed April 23, 2003, effective Nov. 30, 2003.

MATTBLUNT(10/31/03)

Chapter 370óNew Schools Pilot Project5 CSR 50-370

History

• AUTHORITY: section 162.1010, RSMo Supp.

Chapter 375 Academic Standards (moved to 5 CSR 20-200)

5 CSR 50-375.100 Academic Standards {#sec-5-csr-50-375.100 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-375.100}

(Moved to 5 CSR 20-200.260)

ROBINCARNAHAN(10/31/11)

Chapter 378 * - Read to be Ready Grant Program

5 CSR 50-378.100 Read to be Ready Grant Program {#sec-5-csr-50-378.100 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-378.100}

(Rescinded July 30, 2012)

Rescinded: Filed Dec. 12, 2011, effective July 30, 2012.

ROBINCARNAHAN(6/30/12)

History

• AUTHORITY: section 161.092, RSMo 1994, and sections 160.514, 167.340, 167.343, and 167.346, RSMo Supp. 1999. Original rule filed Sept. 27, 2000, effective May 30, 2001.

Chapter 380 * - Technology Grants

5 CSR 50-380.010 General Provisions {#sec-5-csr-50-380.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-380.010}

(Rescinded July 30, 2012)

1993. Original rule filed Dec. 21, 1993, effective July 10, 1994. Rescinded: Filed Dec. 12, 2011, effective July 30, 2012.

History

• AUTHORITY: section 170.254, RSMo Supp.

5 CSR 50-380.020 Internet Filtering {#sec-5-csr-50-380.020 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-380.020}

(Moved to 5 CSR 20-100.220)

ROBINCARNAHAN(6/30/12)

Chapter 390 * - Children at Risk

5 CSR 50-390.010 Reductions of Pupil/Teacher Ratio for Children at Risk {#sec-5-csr-50-390.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-390.010}

(Rescinded July 30, 2012)

rule filed March 25, 1994, effective Oct. 30, 1994. Rescinded: Filed Dec. 12, 2011, effective July 30, 2012.

ROBINCARNAHAN(6/30/12)

History

• AUTHORITY: sections 163.011(6), 163.031, and 166.260, RSMo Supp. 1993. Original

Chapter 400 * - Health, Physical Education and Safety

5 CSR 50-400.010 Drug Education Programs {#sec-5-csr-50-400.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-400.010}

(Rescinded September 14, 1979)

Kersey v. Harbein, 531, SW2d 76 (Mo. App. 1975). Section 161.102 giving the State Board of Education the authority to promulgate rules to be followed “to secure courses in physical education to all pupils and students in all public schools and in all educational institutions” is merely directory and not mandatory.

MATTBLUNT(9/30/01)

History

• AUTHORITY: section 195.300 RSMo Supp 1973. Original rule filed Aug. 23, 1971, effective Sept. 2, 1971. Rescinded: Filed June 14, 1979, effective Sept. 14, 1979.

Chapter 500 Virtual Schools (moved to 5 CSR 20-100)

5 CSR 50-500.010 Virtual Instruction Program {#sec-5-csr-50-500.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-500.010}

(Moved to 5 CSR 20-100.230)

ROBINCARNAHAN(10/31/11)

Chapter 820 * - Compensatory Education Programs

5 CSR 50-820 * - Compensatory Education Programs {#sec-5-csr-50-820 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-820}

Rebecca McDowell Cook (10/31/97)* Rules of Department of Elementary and Secondary Education TitlePage 5 CSR 50-820.010General Provisions Governing Grants Under Title 1, ESEA as Amended 5 CSR 50-820.100Acquisition of Materials, Supplies, Equipment and Facilities 5 CSR 50-820.150Participation of Children Enrolled in Nonpublic Schools and in Locally Administered Institutions for Neglected or Delinquent 2CODE OF STATE REGULATIONS (10/31/97)* Rebecca McDowell Cook 5 CSR 50-820.160Title I, ESEA, Annual Program Plan, Fiscal Year 1976

Chapter 821 * - Compensatory Education Programs for Handicapped Children

5 CSR 50-821.010 General Provisions {#sec-5-csr-50-821.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-821.010}

(Rescinded June 13, 1983)

Rescinded: Filed March 11, 1983, effective June 13, 1983.

MATTBLUNT(9/30/01)

History

• AUTHORITY: sections 178.430 and 178.440, RSMo 1978. Original rule filed March 11, 1977, effective July 1, 1977. Amended: Filed May 12, 1978, effective Aug. 14, 1978.

Chapter 823 * - Compensatory Education Programs for Migrant Children

5 CSR 50-823.010 Annual Program Plan for Migrant Children {#sec-5-csr-50-823.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-823.010}

(Rescinded June 13, 1983)

Amended: Filed Sept. 15, 1977, effective Oct. 17, 1977. Amended: Filed Sept. 14, 1978, effective Oct. 16, 1978. Rescinded: Filed March 11, 1983, effective June 13, 1983.

History

• AUTHORITY: sections 178.430 and 178.440, RSMo (1978). Original rule filed July 23, 1975, effective Aug. 2, 1975. Amended: Filed Sept 15, 1976, effective Jan. 1, 1977.

5 CSR 50-823.020 Federal Regulations for Grants to state Educatonal Agencies for Migratory Children {#sec-5-csr-50-823.020 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-823.020}

(Rescinded June 13, 1983)

Filed March 11, 1983, effective June 13, 1983.

History

• AUTHORITY: section 178.430 and 178.440, RSMo (1978). Original rule filed March 13, 1979, effective June 14, 1979. Rescinded:

5 CSR 50-823.030 General Provisions {#sec-5-csr-50-823.030 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-823.030}

(Rescinded November 30, 1997)

Filed April 29, 1997, effective Nov. 30, 1997.

Rebecca McDowell Cook (10/31/97)

History

• AUTHORITY: sections 178.430, RSMo (1986). Original rule filed May 23, 1990, effective Nov. 30, 1990. Amended: Filed May 11, 1995, effective Dec. 30, 1995. Rescinded:

Chapter 824 * - Compensatory Education Programs for Indochina Refugee Children

5 CSR 50-824.010 Annual Program Plan for Indochina Refugee Children {#sec-5-csr-50-824.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-824.010}

(Rescinded June 13, 1983)

Filed March 11, 1983, effective June 13, 1983.

MATTBLUNT(9/30/01)

History

• AUTHORITY: sections 178.430 and 178.440, RSMo 1978. Original rule filed Oct. 11, 1977, effective Nov. 14, 1977. Rescinded:

Chapter 840 * - Financial Assistance for School Library Resources, Textbooks and Other Instructional Materials

5 CSR 50-840.010 General Authority RSMo 1969. Original rule filed Dec. 9, 1968, effective Dec. 19, 1968. Amended: Filed May 14, 1971, effective May 24, 1971. Amended: {#sec-5-csr-50-840.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-840.010}

Filed Dec. 21, 1971, effective Dec. 31, 1971.

Amended: Filed Oct. 11, 1973, effective Oct. 21, 1973. Rescinded: Filed May 12, 1978, effective Aug. 14, 1978.

5 CSR 50-840.020 Title II, ESEA, State Plan or Annual Program Plan, Fiscal Year RSMo 1969. Original rule filed Dec. 9, 1968, effective Dec. 19, 1968. Amended: Filed May 14, 1971, effective May 24, 1971. Amended: {#sec-5-csr-50-840.020 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-840.020}

Filed Dec. 21, 1971, effective Dec. 31, 1971.

Amended: Filed Oct. 11, 1973, effective Oct. 21, 1973. Rescinded: Filed May 12, 1978, effective Aug. 14, 1978.

5 CSR 50-840.030 Federal Regulations for Title II RSMo 1969. Original rule filed Dec. 24, 1975, effective Jan. 3, 1976. Rescinded: {#sec-5-csr-50-840.030 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-840.030}

Filed May 12, 1978, effective Aug. 14, 1978.

MATTBLUNT(9/30/01)

Textbooks and Other Instructional Materials5 CSR 50-840

Chapter 841 * - Financial Assistance for Strengthening Instruction in Academic Subjects in Public Schools

5 CSR 50-841.010 General Authority RSMo 1969. Original rule filed Aug. 19, 1970, effective Aug. 29, 1970. Amended: {#sec-5-csr-50-841.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-841.010}

Filed June 16, 1972, effective June 26, 1972.

Amended: Filed March 20, 1974, effective March 30, 1974. Amended: Filed Oct. 10, 1974, effective Oct. 20, 1974. Rescinded:

Filed May 12, 1978, effective Aug. 14, 1978.

5 CSR 50-841.020 Title III, NDEA, State Plan or Annual Program Plan, Fiscal Year RSMo 1969. Original rule filed Aug. 19, 1970, effective Aug. 29, 1970. Amended: {#sec-5-csr-50-841.020 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-841.020}

Filed June 16, 1972, effective June 26, 1972.

Amended: Filed March 20, 1974, effective March 30, 1974. Amended: Filed Oct. 10, 1974, effective Oct. 20, 1974. Rescinded:

Filed May 12, 1978, effective Aug.14, 1978.

5 CSR 50-841.030 Federal Regulations for Title III, NDEA RSMo 1969. Original rule filed Dec. 24, 1975, effective Jan. 3, 1976. Rescinded: {#sec-5-csr-50-841.030 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-841.030}

Filed May 12, 1978, effective Aug. 14, 1978.

MATTBLUNT(9/30/01) in Academic Subjects in Public Schools5 CSR 50-841

Chapter 860 * - Goals 2000

5 CSR 50-860.010 General Authority {#sec-5-csr-50-860.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-860.010}

5 CSR 50-860.020 Audit of Local Education Agency Records {#sec-5-csr-50-860.020 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-860.020}

5 CSR 50-860.030 Fiscal Management {#sec-5-csr-50-860.030 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-860.030}

5 CSR 50-860.040 Budget Limits for Title III Projects {#sec-5-csr-50-860.040 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-860.040}

5 CSR 50-860.050 State Plan or Annual Program Plan, Fiscal Year 1976 RSMo 1969. Original rule filed Aug. 27, 1973, effective Sept. 6, 1974. Amended: {#sec-5-csr-50-860.050 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-860.050}

Filed July 23, 1975, effective Aug. 2, 1975.

Rescinded: Filed May 12, 1978, effective Aug. 14, 1978.

5 CSR 50-860.060 Federal Regulations for Title III RSMo 1969. Original rule filed Dec. 24, 1975, effective Jan. 3, 1976. Rescinded: {#sec-5-csr-50-860.060 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-860.060}

5 CSR 50-860.100 General Provisions, Title III of Goals 2000: Educate America Act {#sec-5-csr-50-860.100 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-860.100}

(Rescinded September 30, 1999)

Original rule filed Sept. 27, 1995, effective March 30, 1996. Rescinded: Filed March 22, 1999, effective Sept. 30, 1999.

Rebecca McDowell Cook (8/31/99)

History

• AUTHORITY: section 178.430, RSMo 1994.

Chapter 865 School Resources and Supplementary Support (moved to 5 CSR 20-200)

5 CSR 50-865.100 General Provisions Governing Grants Under Title VI, {#sec-5-csr-50-865.100 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-865.100}

Filed April 29, 1997, effective Nov. 30, 1997.

History

• AUTHORITY: sections 178.430 and 178.440, RSMo 1994. Original rule filed March 21, 1995, effective Oct. 30, 1995. Rescinded:

5 CSR 50-865.200 General Provisions Governing Grants Under Title II, {#sec-5-csr-50-865.200 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-865.200}

Original rule filed March 21, 1995, effective Oct. 30, 1995. Rescinded: Filed April 29, 1997, effective Nov. 30, 1997.

History

• AUTHORITY: section 178.430, RSMo 1994.

5 CSR 50-865.300 General Provisions Governing Grants Under Title IV, {#sec-5-csr-50-865.300 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-865.300}

Filed April 29, 1997, effective Nov. 30, 1997.

History

• AUTHORITY: sections 178.430 and 178.440, RSMo 1994. Original rule filed March 21, 1995, effective Oct. 30, 1995. Rescinded:

5 CSR 50-865.400 Flag Etiquette {#sec-5-csr-50-865.400 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-865.400}

(Moved to 5 CSR 20-200.200)

ROBINCARNAHAN(10/31/11)

Chapter 870 * - Educational Improvement and Support Services

5 CSR 50-870.010 General Provisions Governing Grants Under Chapter 2, ESEA {#sec-5-csr-50-870.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-870.010}

(Rescinded October 30, 1995)

Filed March 21, 1995, effective Oct. 30, 1995.

History

• AUTHORITY: sections 178.430 and 178.440, 1982, effective Aug. 12, 1982. Rescinded and readopted: Filed July 16, 1990, effective Dec. 31, 1990. Amended: Filed Jan. 14, 1991, effective June 10, 1991. Rescinded:

5 CSR 50-870.020 Applications for Funds Under Chapter 2, ECIA {#sec-5-csr-50-870.020 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-870.020}

(Rescinded December 31, 1990)

Filed July 16, 1990, effective Dec. 31, 1990.

History

• AUTHORITY: sections 278.430 and 178.440, 1982, effective Aug. 12, 1982. Rescinded:

5 CSR 50-870.030 Management, Fiscal and Audit Standards {#sec-5-csr-50-870.030 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-870.030}

(Rescinded December 31, 1990)

Filed Aug. 12, 1983, effective Dec. 12, 1983.

Rescinded: Filed July 16, 1990, effective Dec. 31, 1990.

MATTBLUNT(9/30/01)

History

• AUTHORITY: sections 178.430 and 178.440, 1982, effective Aug. 12, 1982. Amended:

Chapter 880 * - Libraries and Learning Resources, Educational Innovation and Support

5 CSR 50-880.010 General Provisions Dec. 7, 1979, effective March 14, 1980. {#sec-5-csr-50-880.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-880.010}

5 CSR 50-880.020 Application for Funds Under Title IV Amended: Filed May 12, 1978, effective Aug. 14, 1978. Amended: Filed Dec. 7, 1979, effective March 14, 1980. Rescinded: Filed March 11, 1983, effective June 13, 1983. {#sec-5-csr-50-880.020 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-880.020}

5 CSR 50-880.030 Audit of LEA Records {#sec-5-csr-50-880.030 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-880.030}

5 CSR 50-880.040 Property Management Requirements 1975, effective Jan. 3, 1976. Amended: {#sec-5-csr-50-880.040 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-880.040}

Filed Dec. 7, 1979, effective March 14, 1980. Rescinded and readopted: Filed Nov. 10, 1980, effective Feb. 16, 1981. Rescinded:

5 CSR 50-880.050 Funding Under Title IV, Part B Dec. 7, 1979, effective March 14, 1980. {#sec-5-csr-50-880.050 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-880.050}

Op. Atty. Gen. No. 102, Mallory, 5-16-77.

The public school districts in this state may not use funds available to them under Part B of Title IV of the Elementary and Secondary Education Act of 1965 to provide the services described therein to nonpublic schoolchildren on nonpublic school premises. The Department of Elementary and Secondary Education may not provide assurances pursuant to

Section 403(a)(3) of Title IV (20 USC 1803(a)(3) that Title IV funds will be used to benefit children attending nonpublic schools as required by Section 406 (20 USC 1806).

5 CSR 50-880.060 Fiscal Requirements Under Part B, Title IV April 12, 1977, effective July 11, 1977. {#sec-5-csr-50-880.060 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-880.060}

March 14, 1980. Rescinded: Filed March 11, 1983, effective June 13, 1983.

5 CSR 50-880.070 General Selection Criteria and Standards April 12, 1977, effective July 11, 1977. {#sec-5-csr-50-880.070 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-880.070}

March 14, 1980. Rescinded: Filed March 11, 1983, effective June 13, 1983.

5 CSR 50-880.080 Distribution and Accessibility of Instructional Resources and Equipment 1975, effective Jan. 3, 1976. Amended: {#sec-5-csr-50-880.080 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-880.080}

Filed Dec. 7, 1979, effective March 14, 1980. Rescinded: Filed March 11, 1983, effective June 13, 1983.

5 CSR 50-880.090 Evaluation and Reporting Under Title IV, Part B Dec. 7, 1979, effective March 14, 1980. {#sec-5-csr-50-880.090 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-880.090}

5 CSR 50-880.100 Funding Under Title IV, Part C May 12, 1978, effective Aug. 14, 1978. {#sec-5-csr-50-880.100 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-880.100}

Amended: Filed Nov. 13, 1978, effective Feb. 12, 1979. Amended: Filed Dec. 7, 1979, effective March 14, 1980. Amended: Filed Nov. 10, 1980, effective Feb. 16, 1981.

5 CSR 50-880.110 Eligible Costs in Title IV, Part C, Programs and Projects Amended: Filed May 12, 1978, effective Aug. 14, 1978. Amended: Filed Dec. 9, 1979, effective March 14, 1980. Amended: Filed Nov. 10, 1980, effective Feb. 16, 1981. {#sec-5-csr-50-880.110 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-880.110}

5 CSR 50-880.120 Fiscal Accounting and Transmittal of Funds Under Title IV, Part C May 12, 1978, effective Aug. 14, 1978. {#sec-5-csr-50-880.120 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-880.120}

March 14, 1980. Amended: Filed Nov. 10, 1980, effective Feb. 16, 1981. Rescinded:

MATTBLUNT(9/30/01)

Innovation and Support5 CSR 50-880

5 CSR 50-880.130 Evaluation and Reporting Under Title IV, Part C 1975, effective Jan. 3, 1976. Rescinded: {#sec-5-csr-50-880.130 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-880.130}

5 CSR 50-880.140 Program Plan for Libraries and Learning Resources, Educational Innovation and Support RSMo 1978. Original rule filed July 23, 1975, effective Aug. 2, 1975. Amended: Filed Oct. 15, 1975, effective Oct. 25, 1975. {#sec-5-csr-50-880.140 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-880.140}

Amended: Filed Oct. 8, 1976, effective Nov. 15, 1976. Amended: Filed Nov. 7, 1977, effective Dec. 12, 1977. Amended: Filed July 14, 1978, effective Aug. 14, 1978. Amended:

Filed May 2, 1980, effective June 12, 1980.

5 CSR 50-880.150 Federal Regulations for Title IV Nov. 10, 1980, effective Feb. 16, 1981. {#sec-5-csr-50-880.150 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-880.150}

4CODE OF STATE REGULATIONS

(9/30/01) MATTBLUNT

Chapter 890 * - Elementary and Secondary Education Act

5 CSR 50-890.100 General Provisions Feb. 3, 1986. Rescinded and readopted: Filed Nov. 1, 1989, effective Feb. 25, 1990. {#sec-5-csr-50-890.100 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-890.100}

Oct. 30, 1995.

5 CSR 50-890.110 Applications for Funds Under Title II Feb. 3, 1986. Rescinded and readopted: Filed Nov. 1, 1989, effective Feb. 25, 1990. {#sec-5-csr-50-890.110 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-890.110}

Oct. 30, 1995.

5 CSR 50-890.120 Management, Fiscal and Audit Standards Feb. 3, 1986. Rescinded and readopted: Filed Nov. 1, 1989, effective Feb. 25, 1990. {#sec-5-csr-50-890.120 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-890.120}

Oct. 30, 1995.

MATTBLUNT(9/30/01)*

Chapter 890óElementary and Secondary Education Act5 CSR 50-890

Chapter 900 * - Microcomputers in Education *rescinded

5 CSR 50-900.010 Administrative Procedures {#sec-5-csr-50-900.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 50-900.010}

(Rescinded February 25, 1990)

MATTBLUNT(9/30/01)

History

• AUTHORITY: section 161.092, RSMo 1986 and House Bill No. 2, 83rd General Assembly. Original rule filed Sept. 16, 1985, effective Dec. 26, 1985. Rescinded: Filed Nov. 1, 1989, effective Feb. 25, 1990.

Division 60 Division of Career Education

Chapter 90 Extended Day Child Care Program (moved to 5 CSR 20-200)

5 CSR 60-90.010 Standards and Operational Requirements {#sec-5-csr-60-90.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 60-90.010}

(Moved to 5 CSR 20-200.110)

ROBINCARNAHAN(10/31/11)

Chapter 95 Sponsorship and Mentoring Program (moved to 5 CSR 20-200 and 5 CSR 20-500)

5 CSR 60-95.010 Allowable Activities and Participating Student Eligibility {#sec-5-csr-60-95.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 60-95.010}

(Moved to 5 CSR 20-200.120)

5 CSR 60-95.020 Administration, Eligible Contributors, and Tax Credits {#sec-5-csr-60-95.020 omnilex-key=us-mo-regs-official--title-5--5 CSR 60-95.020}

(Moved to 5 CSR 20-200.130)

5 CSR 60-95.030 Standards for Submission and Review of Proposals {#sec-5-csr-60-95.030 omnilex-key=us-mo-regs-official--title-5--5 CSR 60-95.030}

(Moved to 5 CSR 20-200.140)

5 CSR 60-95.040 Reporting Requirements {#sec-5-csr-60-95.040 omnilex-key=us-mo-regs-official--title-5--5 CSR 60-95.040}

(Moved to 5 CSR 20-500.310)

ROBINCARNAHAN(10/31/11)

Chapter 100 Adult Education (moved to 5 CSR 20-500)

5 CSR 60-100.010 Missouri State Plan for Adult Education {#sec-5-csr-60-100.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 60-100.010}

(Moved to 5 CSR 20-500.320)

5 CSR 60-100.020 Administration of High School Equivalence Program {#sec-5-csr-60-100.020 omnilex-key=us-mo-regs-official--title-5--5 CSR 60-100.020}

(Moved to 5 CSR 20-500.330)

5 CSR 60-100.030 Administration of Adult High School Diploma Program {#sec-5-csr-60-100.030 omnilex-key=us-mo-regs-official--title-5--5 CSR 60-100.030}

(Rescinded August 14, 1978)

Original rule filed Nov. 5, 1969, effective Nov. 15, 1969. Rescinded: Filed May 12, 1976, effective Aug. 14, 1978.

History

• AUTHORITY: section 161.092, RSMo 1969.

5 CSR 60-100.040 Rules for Administration of Adult Basic Education Program {#sec-5-csr-60-100.040 omnilex-key=us-mo-regs-official--title-5--5 CSR 60-100.040}

(Rescinded August 14, 1978)

Original rule filed Dec. 24, 1975, effective Jan. 3, 1976. Rescinded: Filed May 12, 1978, effective Aug. 14, 1978.

History

• AUTHORITY: section 178.430, RSMo 1969.

5 CSR 60-100.050 Family Literacy Program {#sec-5-csr-60-100.050 omnilex-key=us-mo-regs-official--title-5--5 CSR 60-100.050}

(Rescinded September 30, 2007)

ROBINCARNAHAN(10/31/11)

History

• AUTHORITY: sections 160.531 and 161.092, RSMo Supp. 2004. Original rule filed Sept. 22, 2004, effective April 30, 2005. Rescinded: Filed March 15, 2007, effective Sept. 30, 2007.

Chapter 110 Vocational Planning (moved to 5 CSR 20-200)

5 CSR 60-110.010 Missouri Textbook Filing {#sec-5-csr-60-110.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 60-110.010}

(Moved to 5 CSR 20-200.150)

ROBINCARNAHAN(10/31/11)

Chapter 120 Career Education (moved to 5 CSR 20-200)

5 CSR 60-120.010 State Plan for Career Education {#sec-5-csr-60-120.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 60-120.010}

(Moved to 5 CSR 20-200.160)

5 CSR 60-120.020 Implementation of Vocational Educational Programs {#sec-5-csr-60-120.020 omnilex-key=us-mo-regs-official--title-5--5 CSR 60-120.020}

(Moved to 5 CSR 20-200.170)

5 CSR 60-120.030 Administrative Requirements {#sec-5-csr-60-120.030 omnilex-key=us-mo-regs-official--title-5--5 CSR 60-120.030}

(Rescinded July 27, 1989)

Original rule filed Dec. 24, 1975, effective Jan. 3, 1976. Amended: Filed Dec. 8, 1977, effective March 13, 1978. Amended: Filed Oct. 29, 1981, effective Feb. 15, 1982.

Rescinded: Filed March 30, 1989, effective July 27, 1989.

History

• AUTHORITY: section 178.430, RSMo 1986.

5 CSR 60-120.040 Guidelines for Vocational Education Research, Exemplary Programs and Curriculum {#sec-5-csr-60-120.040 omnilex-key=us-mo-regs-official--title-5--5 CSR 60-120.040}

(Rescinded March 13, 1978)

Original rule filed Dec. 24, 1975, effective Jan. 3, 1976. Rescinded: Filed Jan. 3, 1978, effective March 13, 1978.

History

• AUTHORITY: section 178.430, RSMo 1969.

5 CSR 60-120.050 Area Vocational School Service Regions {#sec-5-csr-60-120.050 omnilex-key=us-mo-regs-official--title-5--5 CSR 60-120.050}

(Moved to 5 CSR 20-200.180)

5 CSR 60-120.060 A+ Schools Program {#sec-5-csr-60-120.060 omnilex-key=us-mo-regs-official--title-5--5 CSR 60-120.060}

(Moved to 5 CSR 50-350.040)

5 CSR 60-120.070 Vocational-Technical Education Enhancement Grant Award Program {#sec-5-csr-60-120.070 omnilex-key=us-mo-regs-official--title-5--5 CSR 60-120.070}

(Moved to 5 CSR 20-200.190)

5 CSR 60-120.080 Student Suicide Prevention Programs {#sec-5-csr-60-120.080 omnilex-key=us-mo-regs-official--title-5--5 CSR 60-120.080}

(Moved to 5 CSR 20-200.270)

Chapter 420 Vocational Home Economics

5 CSR 60-420.010 Training—Minimal Requirements for Institutions {#sec-5-csr-60-420.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 60-420.010}

(Rescinded September 30, 1991)

Original rule filed April 15, 1976, effective July 19, 1976. Rescinded: Filed March 28, 1991, effective Sept. 30, 1991.

MATTBLUNT(9/30/01)

History

• AUTHORITY: section 178.440, RSMo 1986.

Chapter 480 Employment Training (moved to 5 CSR 20-500)

5 CSR 60-480.100 Standards for the Determination of Eligible Training Providers and Administration of Reimbursement for the Education of Persons Under the Workforce Investment Act of 1998 and Other Employment Training Funding Sources Contracting With the State Board of Education {#sec-5-csr-60-480.100 omnilex-key=us-mo-regs-official--title-5--5 CSR 60-480.100}

(Moved to 5 CSR 20-500.340)

ROBINCARNAHAN(10/31/11)

Chapter 900 Veterans' Education (moved to 5 CSR 20-500)

5 CSR 60-900.010 Standards for the Approval of Courses for the Education of Veterans or Eligible Persons {#sec-5-csr-60-900.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 60-900.010}

(Rescinded November 16, 1981)

Original rule filed Dec. 23, 1975, effective Jan. 2, 1976. Amended: Filed March 9, 1977, effective July 1, 1977. Rescinded: Filed May 20, 1981, effective Nov. 16, 1981.

History

• AUTHORITY: section 161.172, RSMo 1978.

5 CSR 60-900.020 Standards for the Approval of Flight School Courses for the Education of Veterans {#sec-5-csr-60-900.020 omnilex-key=us-mo-regs-official--title-5--5 CSR 60-900.020}

(Rescinded October 13, 1983)

Original rule filed July 23, 1975, effective Aug. 2, 1975. Amended: Filed March 13, 1979, effective June 15, 1979. Rescinded:

Filed June 24, 1983, effective Oct. 13, 1983.

History

• AUTHORITY: section 161.172, RSMo 1978.

5 CSR 60-900.030 Standards for the Approval and Continued Approval of Onthe-Job Training for the Training of Veterans {#sec-5-csr-60-900.030 omnilex-key=us-mo-regs-official--title-5--5 CSR 60-900.030}

(Moved to 5 CSR 20-500.350)

5 CSR 60-900.040 Standards for the Approval of Apprentice Courses for the Training of Veterans Under the Provisions of PL 90-77 {#sec-5-csr-60-900.040 omnilex-key=us-mo-regs-official--title-5--5 CSR 60-900.040}

(Moved to 5 CSR 20-500.360)

5 CSR 60-900.050 Standards for the Approval of Courses for the Education of Persons Under Veterans’ Education and Vocational Rehabilitation {#sec-5-csr-60-900.050 omnilex-key=us-mo-regs-official--title-5--5 CSR 60-900.050}

(Moved to 5 CSR 20-500.370)

ROBINCARNAHAN(10/31/11)

Division 70 Special Education

Chapter 700 * - Missouri School for the Blind

5 CSR 70-700.010 Policies and Procedures for Admission to the Missouri School for the Blind {#sec-5-csr-70-700.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 70-700.010}

(Rescinded January 31, 1994)

Original rule filed Dec. 23, 1975, effective Jan. 2, 1976. Amended: Filed Oct. 2, 1981, effective Jan. 18, 1982. Rescinded: Filed July 23, 1993, effective Jan. 31, 1994.

MATTBLUNT(9/30/01)

History

• AUTHORITY: section 162.730, RSMo 1986.

Chapter 720 * - Missouri School for the Deaf

5 CSR 70-720.010 Policies and Procedures for Admission to the Missouri School for the Deaf {#sec-5-csr-70-720.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 70-720.010}

(Rescinded January 31, 1994)

Original rule filed Dec. 23, 1975, effective Jan. 2, 1976. Amended: Filed Oct. 2, 1981, effective Jan. 18, 1982. Rescinded: Filed July 23, 1993, effective Jan. 31, 1994.

MATTBLUNT(9/30/01)

History

• AUTHORITY: section 162.730, RSMo 1986.

Chapter 742 Special Education (moved to 5 CSR 20-300)

5 CSR 70-742.020 Special School District Boards of Education—Responsibilities for Services to Handicapped and Severely Handicapped Children {#sec-5-csr-70-742.020 omnilex-key=us-mo-regs-official--title-5--5 CSR 70-742.020}

5 CSR 70-742.030 State Board of Education—Responsibilities for Services to Handicapped and Severely Handicapped Children and Youth {#sec-5-csr-70-742.030 omnilex-key=us-mo-regs-official--title-5--5 CSR 70-742.030}

5 CSR 70-742.040 Special Education Planning and Program Development 5 CSR 70-742.060Service Alternatives, Definitions of Handicapping Conditions and Class Sizes 5 CSR 70-742.070Policies for Distribution of Special Education Financial Aid on {#sec-5-csr-70-742.040 omnilex-key=us-mo-regs-official--title-5--5 CSR 70-742.040}

5 CSR 70-742.080 Ancillary Professional Personnel Reimbursement {#sec-5-csr-70-742.080 omnilex-key=us-mo-regs-official--title-5--5 CSR 70-742.080}

5 CSR 70-742.090 Standards for Calculating State Transportation Aid for Handicapped {#sec-5-csr-70-742.090 omnilex-key=us-mo-regs-official--title-5--5 CSR 70-742.090}

5 CSR 70-742.140 Individuals with Disabilities Education Act, Part B 2CODE OF STATE REGULATIONS (10/31/11) ROBINCARNAHAN {#sec-5-csr-70-742.140 omnilex-key=us-mo-regs-official--title-5--5 CSR 70-742.140}

5 CSR 70-742.141 Individuals with Disabilities Education Act, Part C {#sec-5-csr-70-742.141 omnilex-key=us-mo-regs-official--title-5--5 CSR 70-742.141}

5 CSR 70-742.150 Standards for Approving Capital Improvement Requests 5 CSR 70-742.160Policy for Reimbursement of Individuals Serving 5 CSR 70-742.165State Agency Payments to School Districts for Educational Services ELEMENTARY AND SECONDARY EDUCATION {#sec-5-csr-70-742.150 omnilex-key=us-mo-regs-official--title-5--5 CSR 70-742.150}

5 CSR 70-742.010 Local Boards of Education—Responsibilities for Services to Handicapped and Severely Handicapped Children and Youth Sept. 12, 1980, effective Dec. 15, 1980. {#sec-5-csr-70-742.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 70-742.010}

5 CSR 70-742.020 Special School District Boards of Education—Responsibilities for Services to Handicapped and Severely Handicapped Children and Youth {#sec-5-csr-70-742.020 omnilex-key=us-mo-regs-official--title-5--5 CSR 70-742.020}

Sept. 12, 1980, effective Dec. 15, 1980.

History

• AUTHORITY section 162.685, RSMo 1978.

5 CSR 70-742.030 State Board of Education—Responsibilities for Services to Handicapped and Severely Handicapped Children and Youth {#sec-5-csr-70-742.030 omnilex-key=us-mo-regs-official--title-5--5 CSR 70-742.030}

Dec. 15, 1980.

History

• AUTHORITY: sections 162.685 and 162.730, RSMo 1978. Original rule filed May 20, 1974, effective May 30, 1974. Amended:

5 CSR 70-742.040 Special Education Planning and Program Development Sept. 12, 1980, effective Dec. 15, 1980. {#sec-5-csr-70-742.040 omnilex-key=us-mo-regs-official--title-5--5 CSR 70-742.040}

5 CSR 70-742.050 Special Education Administration Sept. 12, 1980, effective Dec. 15, 1980. {#sec-5-csr-70-742.050 omnilex-key=us-mo-regs-official--title-5--5 CSR 70-742.050}

5 CSR 70-742.060 Service Alternatives, Definitions of Handicapping Conditions and Class Sizes and Caseloads May 30, 1974. Amended: Filed Dec. 24, 1975, effective Jan. 3, 1976. Amended: Filed Nov. 7, 1977, effective March 1, 1978. {#sec-5-csr-70-742.060 omnilex-key=us-mo-regs-official--title-5--5 CSR 70-742.060}

Dec. 15, 1980.

5 CSR 70-742.070 Policies for Distribution of Special Education Financial Aid on a {#sec-5-csr-70-742.070 omnilex-key=us-mo-regs-official--title-5--5 CSR 70-742.070}

Part-Time Basis Jan. 3, 1976. Amended: Filed Nov. 7, 1977, Sept. 12, 1980, effective Dec. 15, 1980.

5 CSR 70-742.080 Ancillary Professional Personnel Reimbursement Jan. 3, 1976. Amended: Filed Nov. 7, 1977, Sept. 12, 1980, effective Dec. 15, 1980. {#sec-5-csr-70-742.080 omnilex-key=us-mo-regs-official--title-5--5 CSR 70-742.080}

5 CSR 70-742.090 Standards for Calculating State Transportation Aid for Handicapped and Severely Handicapped Students Original rule filed April 11, 1975, effective April 21, 1975. Rescinded: Filed Nov. 7, 1977, effective March 1, 1978. Readopted: {#sec-5-csr-70-742.090 omnilex-key=us-mo-regs-official--title-5--5 CSR 70-742.090}

Dec. 15, 1980.

5 CSR 70-742.100 Handicapped Children Census Jan. 3, 1976. Amended: Filed Nov. 7, 1977, Sept. 12, 1980, effective Dec. 15, 1980. {#sec-5-csr-70-742.100 omnilex-key=us-mo-regs-official--title-5--5 CSR 70-742.100}

5 CSR 70-742.110 Early Childhood Special Education Sept. 12, 1980, effective Dec. 15, 1980. {#sec-5-csr-70-742.110 omnilex-key=us-mo-regs-official--title-5--5 CSR 70-742.110}

5 CSR 70-742.120 Programs for Gifted/ Talented {#sec-5-csr-70-742.120 omnilex-key=us-mo-regs-official--title-5--5 CSR 70-742.120}

(Rescinded July 14, 1979)

1975. Original rule filed May 20, 1974, effective May 30, 1974. Amended: Filed Dec. 24, 1975, effective Jan. 3, 1976. Amended:

Rescinded: Filed March 7, 1979, effective June 14, 1979.

History

• AUTHORITY: section 162.685, RSMo Supp.

5 CSR 70-742.130 Remedial Reading Services {#sec-5-csr-70-742.130 omnilex-key=us-mo-regs-official--title-5--5 CSR 70-742.130}

(Rescinded August 15, 1983)

April 12, 1983, effective Aug. 15, 1983.

5 CSR 70-742.140 Individuals With Disabilities Education Act, Part B {#sec-5-csr-70-742.140 omnilex-key=us-mo-regs-official--title-5--5 CSR 70-742.140}

(Moved to 5 CSR 20-300.110)

5 CSR 70-742.141 Individuals with Disabilities Education Act, Part C {#sec-5-csr-70-742.141 omnilex-key=us-mo-regs-official--title-5--5 CSR 70-742.141}

(Moved to 5 CSR 20-300.120)

5 CSR 70-742.150 Standards for Approving Capital Improvement Requests {#sec-5-csr-70-742.150 omnilex-key=us-mo-regs-official--title-5--5 CSR 70-742.150}

Original rule filed April 26, 1978, effective Sept. 11, 1978. Amended: Filed Feb. 13, 1979, effective May 14, 1979. Rescinded:

Filed Sept. 12, 1980, effective Dec. 15, 1980.

ROBINCARNAHAN(10/31/11)

History

• AUTHORITY: section 178.430, RSMo 1978.

5 CSR 70-742.160 Policy for Reimbursement of Individuals Serving as Members of Hearing Panels {#sec-5-csr-70-742.160 omnilex-key=us-mo-regs-official--title-5--5 CSR 70-742.160}

(Rescinded November 30, 2003)

Original rule filed Oct. 19, 1979, effective Feb. 14, 1980. Amended: Filed April 23, 1985, effective Sept. 3, 1985. Rescinded:

Filed April 23, 2003, effective Nov. 30, 2003.

History

• AUTHORITY: section 162.685, RSMo 1986.

5 CSR 70-742.165 State Agency Payments to School Districts for Educational Services {#sec-5-csr-70-742.165 omnilex-key=us-mo-regs-official--title-5--5 CSR 70-742.165}

(Moved to 5 CSR 20-300.130)

5 CSR 70-742.170 Extraordinary Cost Fund {#sec-5-csr-70-742.170 omnilex-key=us-mo-regs-official--title-5--5 CSR 70-742.170}

(Moved to 5 CSR 20-300.140)

4CODE OF STATE REGULATIONS

(10/31/11) ROBINCARNAHAN

SECONDARY EDUCATION

Chapter 760 State Schools for the Severely Handicapped (moved to 5 CSR 20-300)

5 CSR 70-760.010 Referral and Enrollment Procedures Jan. 2, 1976. Rescinded: Filed July 23, {#sec-5-csr-70-760.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 70-760.010}

5 CSR 70-760.020 Referral and Reenrollment Procedures Original rule filed Dec. 23 1975, effective Jan. 2, 1976. Amended: Filed June 4, 1979, effective Sept. 14, 1979. Rescinded: Filed July 23, 1993, effective Jan. 31, 1994. {#sec-5-csr-70-760.020 omnilex-key=us-mo-regs-official--title-5--5 CSR 70-760.020}

5 CSR 70-760.030 Termination of Enrollment Jan. 2, 1976. Amended: Filed June 4, 1979, effective Sept. 14, 1979. Rescinded: Filed July 23, 1993, effective Jan. 31, 1994. {#sec-5-csr-70-760.030 omnilex-key=us-mo-regs-official--title-5--5 CSR 70-760.030}

5 CSR 70-760.040 Accepting Gifts Jan. 2, 1976. Rescinded: Filed July 23, {#sec-5-csr-70-760.040 omnilex-key=us-mo-regs-official--title-5--5 CSR 70-760.040}

5 CSR 70-760.050 Child Abuse {#sec-5-csr-70-760.050 omnilex-key=us-mo-regs-official--title-5--5 CSR 70-760.050}

(Rescinded December 1, 1976)

1975. Original rule filed Dec. 23, 1975, effective Jan. 2, 1976. Rescinded: Published Sept. 1, 1976, effective Dec. 1, 1976.

History

• AUTHORITY: section 210.115 RSMo Supp.

5 CSR 70-760.060 Contractual Education Application, Evaluation and Approval {#sec-5-csr-70-760.060 omnilex-key=us-mo-regs-official--title-5--5 CSR 70-760.060}

Jan. 2, 1976. Rescinded: Filed July 23,

History

• AUTHORITY: section 162.705, RSMo 1986.

5 CSR 70-760.070 Administrative Policies of the State Schools for Severely Handicapped Regarding Approved Private Agencies {#sec-5-csr-70-760.070 omnilex-key=us-mo-regs-official--title-5--5 CSR 70-760.070}

(Moved to 5 CSR 20-300.150)

ROBINCARNAHAN(10/31/11)

Chapter 770 Extended Employment Sheltered Workshops (moved to 5 CSR 20-300)

5 CSR 70-770.010 Establishment of {#sec-5-csr-70-770.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 70-770.010}

(Moved to 5 CSR 20-300.160)

5 CSR 70-770.020 Operation of Extended Employment Sheltered Workshops {#sec-5-csr-70-770.020 omnilex-key=us-mo-regs-official--title-5--5 CSR 70-770.020}

(Moved to 5 CSR 20-300.170)

5 CSR 70-770.030 Renewal or Revocation of a Certificate of Authority {#sec-5-csr-70-770.030 omnilex-key=us-mo-regs-official--title-5--5 CSR 70-770.030}

(Moved to 5 CSR 20-300.180)

5 CSR 70-770.040 Approval of Eligible Employees {#sec-5-csr-70-770.040 omnilex-key=us-mo-regs-official--title-5--5 CSR 70-770.040}

(Moved to 5 CSR 20-300.190)

5 CSR 70-770.050 Disbursement of Funds {#sec-5-csr-70-770.050 omnilex-key=us-mo-regs-official--title-5--5 CSR 70-770.050}

(Moved to 5 CSR 20-300.200)

ROBINCARNAHAN(10/31/11)

Division 80 Teacher Quality and Urban Education

Chapter 631 * - Leadership Academy

5 CSR 80-631.010 Administrator Assessment Center {#sec-5-csr-80-631.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 80-631.010}

(Rescinded November 30, 2008)

This rule previously filed as 5 CSR 20- 630.010. Original rule filed Oct. 30, 1987, effective Feb. 26, 1988. Amended: Filed Oct. 3, 1989, effective Jan. 26, 1990. Amended:

Filed Nov. 22, 1994, effective June 30, 1995.

Amended: Filed Sept. 16, 1997, effective March 30, 1998. Rescinded: Filed April 30, 2008, effective Nov. 30, 2008.

ROBINCARNAHAN(10/31/08)

History

• AUTHORITY: section 168.405, RSMo 1994.

Chapter 670 Educator Recruitment and Retention (moved to 5 CSR 20-400)

5 CSR 80-670.100 Missouri Classroom Teacher Job-Sharing Provision {#sec-5-csr-80-670.100 omnilex-key=us-mo-regs-official--title-5--5 CSR 80-670.100}

(Moved to 5 CSR 20-400.110)

ROBINCARNAHAN(10/31/11)

Chapter 800 Educator Certification (moved to 5 CSR 20-400)

5 CSR 80-800.010 Certification Standards for Teachers in Missouri Public Schools {#sec-5-csr-80-800.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 80-800.010}

(Rescinded November 30, 2000) 168.021 and 168.400, RSMo 1994. Original

rule filed June 27, 1972, effective July 7, 1972. Amended: Filed May 21, 1976, effective Oct. 1, 1976. Amended: Filed June 27, 1977, effective Oct. 17, 1977. Amended:

Filed Feb. 27, 1978, effective Sept. 1, 1978.

Amended: Filed Oct. 31, 1978, effective Feb. 15, 1979. Amended: Filed July 13, 1979, effective Oct. 12, 1979. Amended: Filed Dec. 28, 1979, effective April 14, 1980. Amended:

Filed July 1, 1980, effective Nov. 14, 1980.

Amended: Filed May 11, 1983, effective Aug. 15, 1983. Amended: Filed March 20, 1984, effective Aug. 13, 1984. Amended: Filed March 8, 1985, effective July 1, 1985.

Amended: Filed Sept. 16, 1985, effective Dec. 26, 1985. Amended: Filed Oct. 29, 1986, effective Feb. 12, 1987. Amended:

Filed Oct. 30, 1987, effective March 25, 1988. Amended: Filed Aug. 1, 1988, effective Nov. 25, 1988. Amended: Filed Dec. 22, 1988, effective April 27, 1989. Amended:

Filed Aug. 1, 1989, effective Nov. 27, 1989.

Amended: Filed Nov. 30, 1989, effective March 26, 1990. Amended: Filed Feb. 27, 1990, effective June 28, 1990. Emergency amendment filed Aug. 17, 1990, effective Aug. 27, 1990, expired Dec. 25, 1990.

Amended: Filed Aug. 17, 1990, effective Feb. 14, 1991. Amended: Filed May 23, 1991, effective Dec. 9, 1991. Amended: Filed Jan. 28, 1992, effective Aug. 6, 1992. Amended:

Filed Sept. 23, 1992, effective May 5, 1993.

Amended: Filed April 28, 1994, effective Nov. 30, 1994. Amended: Filed May 24, 1995, effective Dec. 30, 1995. Amended:

Filed July 17, 1996, effective Feb. 28, 1997.

Amended: Filed Jan. 25, 1998, effective Sept. 30, 1998. Rescinded: Filed April 26, 2000, effective Nov. 30, 2000.

5 CSR 80-800.015 Procedures and Standards for Approval of Professional Education Programs in Missouri {#sec-5-csr-80-800.015 omnilex-key=us-mo-regs-official--title-5--5 CSR 80-800.015}

(Moved to 5 CSR 80-805.015)

5 CSR 80-800.020 Administrative Appeal Procedure for Applicants Denied Certification {#sec-5-csr-80-800.020 omnilex-key=us-mo-regs-official--title-5--5 CSR 80-800.020}

(Moved to 5 CSR 20-400.120)

5 CSR 80-800.030 Invalidation of Teaching Certificates {#sec-5-csr-80-800.030 omnilex-key=us-mo-regs-official--title-5--5 CSR 80-800.030}

(Rescinded November 25, 1988)

Original rule filed Nov. 21, 1979, effective March 12, 1980. Rescinded: Filed Aug. 1, 1988, effective Nov. 25, 1988.

History

• AUTHORITY: section 168.021, RSMo 1986.

5 CSR 80-800.040 Revocation, Suspension, Invalidation and Deletion of Certificates of License to Teach {#sec-5-csr-80-800.040 omnilex-key=us-mo-regs-official--title-5--5 CSR 80-800.040}

(Rescinded September 30, 1999) 168.031, RSMo 1986, 168.021, RSMo Supp. 1990 and 168.071, RSMo Supp. 1993. Original rule filed Feb. 27, 1979, effective June 15, 1979. Amended: Filed March 8, 1985, effective July 1, 1985. Rescinded and readopted: Filed Aug. 1, 1988, effective Nov. 25, 1988. Amended: Filed April 28, 1994, effective Nov. 30, 1994. Rescinded: Filed March 22, 1999, effective Sept. 30, 1999.

5 CSR 80-800.050 Basic Education Competencies Required Prior to Admission to Approved Teacher Education Programs in Missouri {#sec-5-csr-80-800.050 omnilex-key=us-mo-regs-official--title-5--5 CSR 80-800.050}

(Moved to 5 CSR 80-805.020)

5 CSR 80-800.060 Administrative Procedures for Recertifying Teachers Whose Certificates Have Been Revoked by the State Board of Education {#sec-5-csr-80-800.060 omnilex-key=us-mo-regs-official--title-5--5 CSR 80-800.060}

(Moved to 5 CSR 20-400.130)

5 CSR 80-800.070 Administrative Procedures for Applicants Whose Certificates Have Been Revoked by a Certificating {#sec-5-csr-80-800.070 omnilex-key=us-mo-regs-official--title-5--5 CSR 80-800.070}

History

• Authority Other Than the State Board of Education (Moved to 5 CSR 20-400.140)

5 CSR 80-800.080 Procedures for Compliance of Requests From Teachers to Delete Certificates {#sec-5-csr-80-800.080 omnilex-key=us-mo-regs-official--title-5--5 CSR 80-800.080}

(Rescinded November 25, 1988) 168.021, 168.031 and 168.071, RSMo 1986.

Original rule filed April 24, 1985, effective Sept. 3, 1985. Amended: Filed Nov. 27, 1985, effective Feb. 24, 1986. Rescinded:

Filed Aug. 12, 1988, effective Nov. 25, 1988.

5 CSR 80-800.200 Application for Certificate of License to Teach {#sec-5-csr-80-800.200 omnilex-key=us-mo-regs-official--title-5--5 CSR 80-800.200}

(Moved to 5 CSR 20-400.150)

5 CSR 80-800.210 Application for Certificate of License to Teach and/or Endorsement for Individuals Possessing a Certificate of License to Teach from Another State {#sec-5-csr-80-800.210 omnilex-key=us-mo-regs-official--title-5--5 CSR 80-800.210}

(Rescinded November 30, 2000)

History

• AUTHORITY: sections 161.092, 168.011 and 168.081, RSMo 1994 and 168.021 and 168.071, RSMo Supp. 1998. Emergency rule filed March 22, 1999, effective April 1, 1999, expired Sept. 27, 1999. Original rule filed March 22, 1999, effective Sept. 30, 1999. Rescinded: Filed April 26, 2000, effective Nov. 30, 2000.

5 CSR 80-800.220 Application for Certificate of License to Teach for Administrators {#sec-5-csr-80-800.220 omnilex-key=us-mo-regs-official--title-5--5 CSR 80-800.220}

(Moved to 5 CSR 20-400.160)

5 CSR 80-800.230 Application for a Student Services Certificate of License to Teach {#sec-5-csr-80-800.230 omnilex-key=us-mo-regs-official--title-5--5 CSR 80-800.230}

(Moved to 5 CSR 20-400.170)

5 CSR 80-800.260 Temporary Authorization Certificate of License to Teach {#sec-5-csr-80-800.260 omnilex-key=us-mo-regs-official--title-5--5 CSR 80-800.260}

(Moved to 5 CSR 20-400.180)

5 CSR 80-800.270 Application for a Career Education Certificate of License to Teach {#sec-5-csr-80-800.270 omnilex-key=us-mo-regs-official--title-5--5 CSR 80-800.270}

(Moved to 5 CSR 20-400.190)

5 CSR 80-800.280 Application for an Adult Education and Literacy Certificate of License to Teach {#sec-5-csr-80-800.280 omnilex-key=us-mo-regs-official--title-5--5 CSR 80-800.280}

(Moved to 5 CSR 20-400.200)

5 CSR 80-800.285 Application for Certificates of License to Teach on the Basis of Certification by the American Board for Certification of Teacher Excellence (ABCTE) {#sec-5-csr-80-800.285 omnilex-key=us-mo-regs-official--title-5--5 CSR 80-800.285}

(Moved to 5 CSR 20-400.210)

ROBINCARNAHAN(10/31/11)

5 CSR 80-800.290 Application for Substitute Certificate of License to Teach {#sec-5-csr-80-800.290 omnilex-key=us-mo-regs-official--title-5--5 CSR 80-800.290}

(Moved to 5 CSR 20-400.220)

5 CSR 80-800.300 Discipline and Denial of Certificates of License to Teach {#sec-5-csr-80-800.300 omnilex-key=us-mo-regs-official--title-5--5 CSR 80-800.300}

(Moved to 5 CSR 20-400.230)

5 CSR 80-800.310 Deletion of Certificates of License to Teach {#sec-5-csr-80-800.310 omnilex-key=us-mo-regs-official--title-5--5 CSR 80-800.310}

(Moved to 5 CSR 20-400.240)

5 CSR 80-800.350 Certificate of License to Teach Content Areas {#sec-5-csr-80-800.350 omnilex-key=us-mo-regs-official--title-5--5 CSR 80-800.350}

(Moved to 5 CSR 20-400.250)

5 CSR 80-800.360 Certificate of License to Teach Classifications {#sec-5-csr-80-800.360 omnilex-key=us-mo-regs-official--title-5--5 CSR 80-800.360}

(Moved to 5 CSR 20-400.260)

5 CSR 80-800.370 Fees {#sec-5-csr-80-800.370 omnilex-key=us-mo-regs-official--title-5--5 CSR 80-800.370}

(Moved to 5 CSR 20-400.270)

5 CSR 80-800.380 Required Assessments for Professional Education Certification in Missouri {#sec-5-csr-80-800.380 omnilex-key=us-mo-regs-official--title-5--5 CSR 80-800.380}

(Moved to 5 CSR 20-400.280)

5 CSR 80-800.400 Procedure for Potential Candidates for Missouri Certificate of License to Teach with a Criminal History to Petition the State Board of Education for Background Clearance {#sec-5-csr-80-800.400 omnilex-key=us-mo-regs-official--title-5--5 CSR 80-800.400}

(Moved to 5 CSR 20-400.290)

4CODE OF STATE REGULATIONS

(10/31/11) ROBINCARNAHAN

SECONDARY EDUCATION

Chapter 805 Educator Preparation (moved to 5 CSR 20-400)

5 CSR 80-805.015 Procedures and Standards for Approval of Professional Education 5 CSR 80-805.016Procedures for Approval of Preliminary Professional Education {#sec-5-csr-80-805.015 omnilex-key=us-mo-regs-official--title-5--5 CSR 80-805.015}

5 CSR 80-805.020 Basic Education Competencies Required Prior to Admission to Approved 5 CSR 80-805.030Innovative and Alternative Professional Education Programs 5 CSR 80-805.040Clinical Experience Requirements for Candidates in Professional Education ELEMENTARY AND SECONDARY EDUCATION Urban Education {#sec-5-csr-80-805.020 omnilex-key=us-mo-regs-official--title-5--5 CSR 80-805.020}

5 CSR 80-805.015 Procedures and Standards for Approval of Professional Education Programs in Missouri {#sec-5-csr-80-805.015 omnilex-key=us-mo-regs-official--title-5--5 CSR 80-805.015}

(Moved to 5 CSR 20-400.300)

5 CSR 80-805.016 Procedures for Approval of Preliminary Professional Education Programs in Missouri {#sec-5-csr-80-805.016 omnilex-key=us-mo-regs-official--title-5--5 CSR 80-805.016}

(Rescinded November 30, 2004)

Filed April 5, 2004, effective Nov. 30, 2004.

History

• AUTHORITY: sections 161.092, 161.097 and 161.099, RSMo 1994 and 168.021, RSMo Supp. 1999. Original rule filed July 28, 2000, effective Feb. 28, 2001. Rescinded:

5 CSR 80-805.020 Basic Education Competencies Required Prior to Admission to Approved Teacher Education Programs in Missouri {#sec-5-csr-80-805.020 omnilex-key=us-mo-regs-official--title-5--5 CSR 80-805.020}

(Moved to 5 CSR 20-400.310)

5 CSR 80-805.030 Innovative and Alternative Professional Education Programs {#sec-5-csr-80-805.030 omnilex-key=us-mo-regs-official--title-5--5 CSR 80-805.030}

(Moved to 5 CSR 20-400.320)

5 CSR 80-805.040 Clinical Experience Requirements for Candidates in Professional Education Programs {#sec-5-csr-80-805.040 omnilex-key=us-mo-regs-official--title-5--5 CSR 80-805.040}

(Moved to 5 CSR 20-400.330)

ROBINCARNAHAN(10/31/11)

Chapter 850 Professional Development (moved to 5 CSR 20-400)

5 CSR 80-850.010 Administrative Procedures for the Teacher Education Scholarship Program {#sec-5-csr-80-850.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 80-850.010}

(Moved to 5 CSR 20-400.340)

5 CSR 80-850.015 Administrative Pro cedures for the Minority Teaching Scholarship Program {#sec-5-csr-80-850.015 omnilex-key=us-mo-regs-official--title-5--5 CSR 80-850.015}

(Moved to 5 CSR 20-400.350)

5 CSR 80-850.020 Tuition Reimbursement for Public School Teachers and Other Certificated Personnel {#sec-5-csr-80-850.020 omnilex-key=us-mo-regs-official--title-5--5 CSR 80-850.020}

(Rescinded April 9, 1994)

1990. Original rule filed Nov. 27, 1985, effective Feb. 24, 1986. Amended: Filed April 28, 1989, effective Aug. 24, 1989. Amended:

Filed Dec. 19, 1989, effective April 26, 1990. Rescinded: Filed Oct. 1, 1993, effective April 9, 1994.

History

• AUTHORITY: section 168.415, RSMo Supp.

5 CSR 80-850.025 Missouri Critical Teacher Shortage Forgivable Loan Program {#sec-5-csr-80-850.025 omnilex-key=us-mo-regs-official--title-5--5 CSR 80-850.025}

(Moved to 5 CSR 20-400.360)

5 CSR 80-850.030 Missouri Career Development and Teacher Excellence Plan {#sec-5-csr-80-850.030 omnilex-key=us-mo-regs-official--title-5--5 CSR 80-850.030}

(Moved to 5 CSR 20-400.370)

5 CSR 80-850.040 Beginning and Practicing Teacher Assistance Program {#sec-5-csr-80-850.040 omnilex-key=us-mo-regs-official--title-5--5 CSR 80-850.040}

(Rescinded April 9, 1994)

Filed Oct. 1, 1993, effective April 9, 1999.

History

• AUTHORITY: sections 168.440.4 and .5, RSMo 1986. Original rule filed April 29, 1988, effective Aug. 25, 1988. Rescinded:

5 CSR 80-850.045 Mentoring Program Standards {#sec-5-csr-80-850.045 omnilex-key=us-mo-regs-official--title-5--5 CSR 80-850.045}

(Moved to 5 CSR 20-400.380)

5 CSR 80-850.050 State Level Professional Development Funds for Statewide Areas of Critical Need for Learning and Development {#sec-5-csr-80-850.050 omnilex-key=us-mo-regs-official--title-5--5 CSR 80-850.050}

(Moved to 5 CSR 20-400.390)

5 CSR 80-850.060 School Board Member Orientation and Training {#sec-5-csr-80-850.060 omnilex-key=us-mo-regs-official--title-5--5 CSR 80-850.060}

(Moved to 5 CSR 20-400.400)

ROBINCARNAHAN(10/31/11)

Chapter 860 Scholarships and Financial Aid (moved to 5 CSR 20-400)

5 CSR 80-860.010 Robert C. Byrd Honors Scholarship Program {#sec-5-csr-80-860.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 80-860.010}

(Moved to 5 CSR 20-400.410)

5 CSR 80-860.050 Urban Flight and Rural Needs Scholarship Program {#sec-5-csr-80-860.050 omnilex-key=us-mo-regs-official--title-5--5 CSR 80-860.050}

(Moved to 5 CSR 20-400.420)

ROBINCARNAHAN(10/31/11)

Chapter 870 * - School Recognition Programs

5 CSR 80-870.010 Success Leads to Success Program {#sec-5-csr-80-870.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 80-870.010}

(Rescinded March 30, 2012)

1993. Original rule filed Aug. 26, 1993, effective April 9, 1994. Rescinded: Filed Aug. 26, 2011, effective March 30, 2012.

ROBINCARNAHAN(2/29/12)

History

• AUTHORITY: section 160.530, RSMo Supp.

Division 90 Vocational Rehabilitation

Chapter 2 Federal Regulations for Implementation of the State-Federal Program of Vocational Rehabilitation (moved to 5 CSR 20-500)

5 CSR 90-2.010 Standards for Vocational Rehabilitation {#sec-5-csr-90-2.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-2.010}

(Rescinded June 1, 1977)

Original rule filed Dec. 24, 1975, effective Jan. 3, 1976. Rescinded: Published March 1, 1977, effective June 1, 1977.

History

• AUTHORITY: section 178.430, RSMo 1969.

5 CSR 90-2.011 Standards for Vocational Rehabilitation {#sec-5-csr-90-2.011 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-2.011}

(Moved to 5 CSR 20-500.110)

ROBINCARNAHAN(10/31/11)

Program of Vocational Rehabilitation5 CSR 90-2

Chapter 3 * - State Plans for Vocational Rehabilitation Services

5 CSR 90-3.010 State Plan {#sec-5-csr-90-3.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-3.010}

(Rescinded November 15, 1982)

Original rule filed Oct. 15, 1975, effective Oct. 25, 1975. Amended: Filed Jan. 28, 1977, effective March 15, 1977. Amended:

Filed Nov. 7, 1977, effective Dec. 12, 1977.

Amended: Filed Sept. 7, 1978, effective Oct. 16, 1978. Amended: Filed Oct. 18, 1979, effective Dec. 17, 1979. Rescinded: Filed July 23, 1982, effective Nov. 15, 1982.

History

• AUTHORITY: section 178.440, RSMo 1978.

5 CSR 90-3.020 Interim State Plan {#sec-5-csr-90-3.020 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-3.020}

(Rescinded November 15, 1982)

Original rule filed Oct. 18, 1979, effective Dec. 17, 1979. Rescinded: Filed July 23, 1982, effective Nov. 15, 1982.

MATTBLUNT(9/30/01)

History

• AUTHORITY: section 178.440, RSMo 1978.

Chapter 4 General Administrative Policies (moved to 5 CSR 20-500)

5 CSR 90-4.010 Client Appeals Jan. 3, 1976. Rescinded: Filed July 23, {#sec-5-csr-90-4.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-4.010}

5 CSR 90-4.020 Standards for Dentists Jan. 3, 1976. Rescinded: Filed July 23, {#sec-5-csr-90-4.020 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-4.020}

5 CSR 90-4.021 Dental Fee Schedule Original rule filed Aug. 2, 1978, effective Nov. 13, 1978. Rescinded: Filed July 23, {#sec-5-csr-90-4.021 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-4.021}

5 CSR 90-4.030 Financial Inventory {#sec-5-csr-90-4.030 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-4.030}

(Rescinded November 17, 1980)

Jan. 3, 1976. Rescinded: Filed June 27, 1980, effective Nov. 17, 1980.

History

• AUTHORITY: section 178.430 RSMo 1978.

5 CSR 90-4.040 Hospitals Jan. 3, 1976. Rescinded: Filed July 23, {#sec-5-csr-90-4.040 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-4.040}

5 CSR 90-4.050 Medical Services Policy {#sec-5-csr-90-4.050 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-4.050}

(Rescinded March 1, 1977)

Jan. 3, 1976. Rescinded: Filed Oct. 22, 1976, effective March 1, 1977.

History

• AUTHORITY: section 178.430 RSMo 1969.

5 CSR 90-4.051 Medical Services Policy Original rule filed Oct. 22, 1976, effective March 1, 1977. Rescinded: Filed July 23, {#sec-5-csr-90-4.051 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-4.051}

5 CSR 90-4.052 Payment Schedule for Medical Services Original rule filed Oct. 22, 1976, effective March 1, 1977. Rescinded: Filed July 23, {#sec-5-csr-90-4.052 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-4.052}

5 CSR 90-4.060 Standards for Physicians Jan. 3, 1976. Rescinded: Filed July 23, {#sec-5-csr-90-4.060 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-4.060}

5 CSR 90-4.070 Standards for Psychological Services {#sec-5-csr-90-4.070 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-4.070}

(Rescinded November 17, 1980)

Jan. 3, 1976. Rescinded: Filed June 30, 1980, effective Nov. 17, 1980.

5 CSR 90-4.080 Rehabilitation Facilities Jan. 3, 1976. Rescinded: Filed July 23, {#sec-5-csr-90-4.080 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-4.080}

5 CSR 90-4.100 Definitions {#sec-5-csr-90-4.100 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-4.100}

(Moved to 5 CSR 20-500.120)

5 CSR 90-4.110 Confidentiality and Release of Information {#sec-5-csr-90-4.110 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-4.110}

(Moved to 5 CSR 20-500.130)

5 CSR 90-4.120 Minimum Standards for Service Providers {#sec-5-csr-90-4.120 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-4.120}

(Moved to 5 CSR 20-500.140)

5 CSR 90-4.200 Eligibility {#sec-5-csr-90-4.200 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-4.200}

(Moved to 5 CSR 20-500.150)

5 CSR 90-4.300 Order of Selection for Services {#sec-5-csr-90-4.300 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-4.300}

(Moved to 5 CSR 20-500.160)

5 CSR 90-4.400 Appeals {#sec-5-csr-90-4.400 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-4.400}

(Moved to 5 CSR 20-500.170)

5 CSR 90-4.410 Informal Review {#sec-5-csr-90-4.410 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-4.410}

(Moved to 5 CSR 20-500.180)

5 CSR 90-4.420 Due Process Hearing {#sec-5-csr-90-4.420 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-4.420}

(Moved to 5 CSR 20-500.190)

5 CSR 90-4.430 Mediation {#sec-5-csr-90-4.430 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-4.430}

(Moved to 5 CSR 20-500.200)

ROBINCARNAHAN(10/31/11)

Chapter 5 Vocational Rehabilitation Services (moved to 5 CSR 20-500)

5 CSR 90-5.010 Anesthesia Service Jan. 3, 1976. Rescinded: Filed July 23, {#sec-5-csr-90-5.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-5.010}

5 CSR 90-5.020 Artificial Eyes and Optical Aids Jan. 3, 1976. Rescinded: Filed July 23, {#sec-5-csr-90-5.020 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-5.020}

5 CSR 90-5.030 Books and Training Materials Jan. 3, 1976. Rescinded: Filed July 23, {#sec-5-csr-90-5.030 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-5.030}

5 CSR 90-5.040 Braces Jan. 3, 1976. Rescinded: Filed July 23, {#sec-5-csr-90-5.040 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-5.040}

5 CSR 90-5.050 Business, Trade and Technical Training Jan. 3, 1976. Rescinded: Filed July 23, {#sec-5-csr-90-5.050 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-5.050}

5 CSR 90-5.060 Convalescent Care Jan. 3, 1976. Rescinded: Filed July 23, {#sec-5-csr-90-5.060 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-5.060}

5 CSR 90-5.070 Correspondence Training Jan. 3, 1976. Rescinded: Filed July 23, {#sec-5-csr-90-5.070 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-5.070}

5 CSR 90-5.080 Courses Requiring More than 135 Hours for a Bachelor’s Degree Jan. 3, 1976. Rescinded: Filed July 23, {#sec-5-csr-90-5.080 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-5.080}

5 CSR 90-5.090 Courses Requiring Training Beyond a Bachelor’s Degree Jan. 3, 1976. Rescinded: Filed July 23, {#sec-5-csr-90-5.090 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-5.090}

5 CSR 90-5.100 Drugs and Supplies Jan. 3, 1976. Rescinded: Filed July 23, {#sec-5-csr-90-5.100 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-5.100}

5 CSR 90-5.110 Hearing Aids Jan. 3, 1976. Rescinded: Filed July 23, {#sec-5-csr-90-5.110 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-5.110}

5 CSR 90-5.120 Hospitalization Jan. 3, 1976. Rescinded: Filed July 23, {#sec-5-csr-90-5.120 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-5.120}

5 CSR 90-5.130 Interpreter Service for the Deaf Jan. 3, 1976. Rescinded: Filed July 23, {#sec-5-csr-90-5.130 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-5.130}

5 CSR 90-5.140 Nurses Other Than Registered Jan. 3, 1976. Rescinded: Filed July 23, {#sec-5-csr-90-5.140 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-5.140}

5 CSR 90-5.150 Occupational License and Union Membership Jan. 3, 1976. Rescinded: Filed July 23, {#sec-5-csr-90-5.150 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-5.150}

5 CSR 90-5.160 Occupational Therapy Jan. 3, 1976. Rescinded: Filed July 23, {#sec-5-csr-90-5.160 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-5.160}

5 CSR 90-5.170 Occupational Tools, Placement Equipment and Initial Stocks Jan. 3, 1976. Rescinded: Filed July 23, {#sec-5-csr-90-5.170 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-5.170}

5 CSR 90-5.180 On-The-Job Training Jan. 3, 1976. Rescinded: Filed July 23, {#sec-5-csr-90-5.180 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-5.180}

5 CSR 90-5.190 Payment of Maintenance and Transportation Jan. 3, 1976. Rescinded: Filed July 23, ROBINCARNAHAN(10/31/11) {#sec-5-csr-90-5.190 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-5.190}

5 CSR 90-5.200 Personal Adjustment Training for Amputees Jan. 3, 1976. Rescinded: Filed July 23, {#sec-5-csr-90-5.200 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-5.200}

5 CSR 90-5.210 Physical Therapy Jan. 3, 1976. Rescinded: Filed July 23, {#sec-5-csr-90-5.210 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-5.210}

5 CSR 90-5.220 Policies and Procedures for the Purchase of Occupational Tools, Placement Equipment and Initial Stocks Jan. 3, 1976. Rescinded: Filed July 23, {#sec-5-csr-90-5.220 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-5.220}

5 CSR 90-5.230 Policy on Absences of Client in Training Jan. 3, 1976. Rescinded: Filed July 23, {#sec-5-csr-90-5.230 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-5.230}

5 CSR 90-5.240 Policy on Grades of Client in Academic Training Jan. 3, 1976. Rescinded: Filed July 23, {#sec-5-csr-90-5.240 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-5.240}

5 CSR 90-5.250 Psychological Testing Requirements Jan. 3, 1976. Rescinded: Filed July 23, {#sec-5-csr-90-5.250 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-5.250}

5 CSR 90-5.260 Registered and Practical Nurses Jan. 3, 1976. Rescinded: Filed July 23, {#sec-5-csr-90-5.260 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-5.260}

5 CSR 90-5.270 Scope and Adequacy of the Client’s Training Program Jan. 3, 1976. Rescinded: Filed July 23, {#sec-5-csr-90-5.270 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-5.270}

5 CSR 90-5.280 Selection of Colleges for Academic Training and Payment Policies Jan. 3, 1976. Rescinded: Filed July 23, {#sec-5-csr-90-5.280 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-5.280}

5 CSR 90-5.290 Standards for the Provision of Training Jan. 3, 1976. Rescinded: Filed July 23, {#sec-5-csr-90-5.290 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-5.290}

5 CSR 90-5.300 Tutorial Training Jan. 3, 1976. Rescinded: Filed July 23, {#sec-5-csr-90-5.300 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-5.300}

5 CSR 90-5.310 Upper and Lower Extremity Prostheses Jan. 3, 1976. Rescinded: Filed July 23, {#sec-5-csr-90-5.310 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-5.310}

5 CSR 90-5.320 Wheelchairs Jan. 3, 1976. Rescinded: Filed July 23, {#sec-5-csr-90-5.320 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-5.320}

5 CSR 90-5.330 Services to Family Members Original rule filed March 15, 1977, effective July 1, 1977. Rescinded: Filed July 23, 1982, effective Nov. 15, 1982. {#sec-5-csr-90-5.330 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-5.330}

5 CSR 90-5.400 Services {#sec-5-csr-90-5.400 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-5.400}

(Moved to 5 CSR 20-500.210)

5 CSR 90-5.410 Fees {#sec-5-csr-90-5.410 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-5.410}

(Moved to 5 CSR 20-500.220)

5 CSR 90-5.420 Maintenance and Transportation {#sec-5-csr-90-5.420 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-5.420}

(Moved to 5 CSR 20-500.230)

5 CSR 90-5.430 Physical and Mental Restoration {#sec-5-csr-90-5.430 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-5.430}

(Moved to 5 CSR 20-500.240)

5 CSR 90-5.440 Training {#sec-5-csr-90-5.440 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-5.440}

(Moved to 5 CSR 20-500.250)

5 CSR 90-5.450 Home Modification and/or Remodeling {#sec-5-csr-90-5.450 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-5.450}

(Moved to 5 CSR 20-500.260)

5 CSR 90-5.460 Vehicle Modification {#sec-5-csr-90-5.460 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-5.460}

(Moved to 5 CSR 20-500.270)

5 CSR 90-5.470 Self-Employment {#sec-5-csr-90-5.470 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-5.470}

(Moved to 5 CSR 20-500.280)

4CODE OF STATE REGULATIONS

(10/31/11) ROBINCARNAHAN

SECONDARY EDUCATION

Chapter 6 * - Post-Employment Services

5 CSR 90-6.010 Definition and Requirements for Provision of Post- Employment Services {#sec-5-csr-90-6.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-6.010}

(Rescinded November 15, 1982)

Original rule filed Dec. 24, 1975, effective Jan. 3, 1976. Rescinded: Filed July 23, 1982, effective Nov. 15, 1982.

MATTBLUNT(9/30/01)

History

• AUTHORITY: section 178.430, RSMo 1978.

Chapter 7 Personal Care Assistance Program (moved to 19 CSR 15-8)

5 CSR 90-7.010 Definitions {#sec-5-csr-90-7.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-7.010}

(Moved to 19 CSR 15-8.100)

5 CSR 90-7.100 Eligibility {#sec-5-csr-90-7.100 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-7.100}

(Moved to 19 CSR 15-8.200)

5 CSR 90-7.200 Providers {#sec-5-csr-90-7.200 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-7.200}

(Moved to 19 CSR 15-8.400)

5 CSR 90-7.300 Appeals {#sec-5-csr-90-7.300 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-7.300}

(Moved to 19 CSR 15-8.500)

5 CSR 90-7.310 Informal Review {#sec-5-csr-90-7.310 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-7.310}

(Moved to 19 CSR 15-8.510)

5 CSR 90-7.320 Hearings {#sec-5-csr-90-7.320 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-7.320}

(Moved to 19 CSR 15-8.520)

ROBINCARNAHAN(10/31/05)

Chapter 7óPersonal Care Assistance Program5 CSR 90-7

Chapter 8 Centers of Independent Living (moved to 5 CSR 20-500)

5 CSR 90-8.010 Centers for Independent Living {#sec-5-csr-90-8.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-8.010}

(Moved to 5 CSR 20-500.290)

ROBINCARNAHAN(10/31/11)

Chapter 50 Federal Regulations for Implementation of the Disability Determinations Program (moved to 5 CSR 20-500)

5 CSR 90-50.010 Pertinent Regulations Relating to the Disability Determinations Program {#sec-5-csr-90-50.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 90-50.010}

(Moved to 5 CSR 20-500.300)

ROBINCARNAHAN(10/31/11)

Disability Determinations Programs5 CSR 90-50

Division 100 Missouri Commission for the Deaf and Hard of Hearing

Chapter 200 Board for Certification of Interpreters

5 CSR 100-200.010 General Organization {#sec-5-csr-100-200.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 100-200.010}

PURPOSE: This rule describes the composition, primary duty, record keeping, and meeting procedures of the Board for Certification of Interpreters.

(1) The Missouri Commission for the Deaf and Hard of Hearing (MCDHH) is established and governed by sections 161.400 through 161.410, RSMo, and these rules.

(2) The Board for Certification of Interpreters (BCI) is established and governed under the MCDHH by the relevant provisions of sections 209.285 through 209.339, RSMo, and these rules.

(3) The public may obtain information from, as well as make submissions to, the BCI by submitting their requests or materials in writing to the Missouri Interpreter Certification System (MICS) coordinator at the MCDHH office.

(A) All public records of the BCI shall be open for inspection and copying by persons in the general public during normal business hours as required by Chapter 610, RSMo.

However, records closed pursuant to section 610.021, RSMo, compiled in connection with the investigation of a complaint against the certification process, or compiled for the purpose of processing applications for certification are confidential and therefore not subject to inspection by the public.

(B) A fee may be charged by the BCI for making copies of its records. See 5 CSR 100- 200.150 Fees.

(C) It shall be improper for any BCI member, MCDHH member, or MCDHH staff member to discuss with any person, except members of the BCI, MCDHH, staff of the MCDHH, State Committee of Interpreters, staff of the State Committee of Interpreters, or counsel for any of these agencies, any matter which is confidential, including complaints against the certification process, that is pending before the BCI, MCDHH, State Committee of Interpreters, or the Administrative Hearing Commission.

(4) All meetings of the BCI not closed pursuant to the provisions of section 610.021, RSMo, shall be open to any person in the general public.

(5) Individuals wishing to make a presentation at a BCI meeting must submit their requests in writing to the executive director of the MCDHH a minimum of three (3) working days prior to the meeting.

History

• AUTHORITY: sections 209.287 and 209.292, RSMo Supp. 2013, and section 209.295(8), RSMo 2000. Original rule filed June 20, Filed May 14, 1997, effective Dec. 30, 1997. 30, 2014. Original authority: 209.287, RSMo 1994, amended 2002; 209.292, RSMo 1994, amended 2002; and 209.295,

5 CSR 100-200.030 Missouri Interpreters Certification System {#sec-5-csr-100-200.030 omnilex-key=us-mo-regs-official--title-5--5 CSR 100-200.030}

(Rescinded September 30, 2014)

History

• AUTHORITY: sections 209.292(1), (2) and (11), RSMo Supp. 2004 and 209.295(8) and 209.305, RSMo 2000. Original rule filed Amended: Filed Feb. 7, 2005, effective Aug. 30, 2005. Rescinded: Filed Jan. 28, 2014, effective Sept. 30, 2014.

5 CSR 100-200.035 Missouri Interpreters Certification System {#sec-5-csr-100-200.035 omnilex-key=us-mo-regs-official--title-5--5 CSR 100-200.035}

PURPOSE: This rule describes the Missouri examinations and the certifications issued by the MICS.

(1) Any individual who practices interpreting in the state of Missouri as defined in sections 209.285 and 209.321, RSMo, must be certified by the Missouri Interpreters Certification System (MICS), except as allowed by statute.

(2) The Board for Certification of Interpreters (BCI) may purchase or develop materials to be used as the most appropriate testing materials for certifying interpreters in the state of Missouri. The BCI may contract with other certifying agencies to proctor their certification tests and evaluations and is authorized to charge a fee for its proctoring services as established in 5 CSR 100-200.150, in addition to collecting and forwarding the fee charged by the other certifying entity.

(3) The MICS has two (2) basic components: a written test of English proficiency and a performance test. A person is required to obtain a passing score on the written test taken before being allowed to take the performance test.

(4) The performance test is the measurement tool used to analyze the performance skills and determine the applicant’s ability to facilitate communication between deaf or hard of hearing people and persons who are hearing.

The MICS performance evaluation standards shall be based upon the testing materials used by Texas Board for Evaluation of Interpreters (BEI).

(5) The types and levels of interpreter certification granted by the MICS are Basic, Advanced, Master, Restricted Certification in Education (K–6), Restricted Certification in Education (7–12), Provisional Certificate in Education, Provisional Certification (aka Learner’s Permit), and the Intern/Practicum Certification.

(A) The Provisional Certificate in Education is issued for a term determined by statute.

(B) The Intern/Practicum Certification is issued for a term specified pursuant to 5 CSR 100-200.085.

(C) The Provisional Certification (aka Learner’s Permit) is issued for a term determined by section 209.309, RSMo.

(D) All other certifications are permanent, subject to annual renewal.

(6) To obtain a MICS Basic Certification, an applicant must meet the eligibility and application requirements of 20 CSR 100-200.050, pass the written test of English proficiency, and pass the Basic Performance Test.

(7) To obtain a MICS Advanced Certification, an applicant must meet the eligibility and application requirements of 20 CSR 100- 200.050, pass the written test of English proficiency, and pass the Advanced Performance Test.

(8) To obtain a MICS Master Certification, an applicant must meet the eligibility and application requirements of 20 CSR 100- 200.050, pass the written test of English proficiency, and pass the Master Performance Test.

(9) All MICS certifications except for the Intern/Practicum Certification, the Provisional Certificate in Education, and the Provisional Certification (aka Learner’s Permit) are subject to renewal annually pursuant to 5 CSR 100-200.125, provided that the holder commits no violation of any provision of the Revised Statutes of Missouri or the Missouri Code of State Regulations pertaining to interpreter certification or licensure.

(10) Transitional Provisions.

(A) The following MICS certifications issued based on performance tests taken prior to September 30, 2014 have been converted to the certifications established in this rule:

1. Comprehensive to Master;

2. Advanced to Advanced; and 3. Intermediate to Basic.

(B) The conversion of prior MICS certifications pursuant to 5 CSR 100-200.035(10)(A) to the new certification levels does not certify that the holder passed the written test of English proficiency or the corresponding level’s performance test. It does not entitle the holder to reciprocity with another BEI certifying entity.

(C) All other certifications issued prior to the effective date of this rule shall remain in full force and with the same rights, restrictions, and limitations as existed previously.

Any person, who takes the written test and the performance evaluation under 5 CSR 100- 200.030 prior to the effective date of the rule and earns a Comprehensive, Advanced, or Intermediate certification, shall be issued a Master, Advanced, or Basic, respectively, as set forth in subsection (A) of this section.

RSMo 2016.* Original rule filed Jan. 28, 2014, effective Sept. 30, 2014. Amended:

Filed April 29, 2016, effective Nov. 30, 2016.

Amended: Filed June 26, 2019, effective Dec. 30, 2019.

5 CSR 100-200.040 Restricted Certification in Education als may be granted a Restricted Certification in Education which will allow the holder to interpret only in elementary and secondary educational settings. {#sec-5-csr-100-200.040 omnilex-key=us-mo-regs-official--title-5--5 CSR 100-200.040}

(1) The Restricted Certification in Education (RCED) shall be issued as either an RCED (K–6), or an RCED (7–12).

(A) The RCED (K–6) shall be valid only for interpreting in kindergarten through grade six (6) as set forth in 5 CSR 100-200.170.

(B) The RCED (7–12) shall be valid only for interpreting in grades seven (7) through twelve (12) as set forth in 5 CSR 100- 200.170.

(2) An RCED may be obtained only by conversion pursuant to rule 5 CSR 100-200.100.

(A) The RCED (K-6) shall be issued to each applicant for conversion pursuant to rule 5 CSR 100-200.100 who receives a score of 4.0 or higher on the Educational Interpreter Performance Assessment (EIPA) examination (K- 6).

(B) The RCED (7-12) shall be issued to each applicant for conversion pursuant to rule

5 CSR 100-200.100 who receives a score of 4.0 or higher on the EIPA examination (7- 12). {#sec-5-csr-100-200.100 omnilex-key=us-mo-regs-official--title-5--5 CSR 100-200.100}

(3) All RCED certificates shall be issued with an appropriate endorsement showing the communication mode in which the recipient is qualified. The communication mode endorsement shall be one (1) of the following:

(A) American Sign Language (ASL)

(B) Pidgin Signed English (PSE)

(C) Signing Exact English (SEE)/Manually Coded English (MCE)

(4) An applicant may obtain both RCED certifications, with different formats and/or communication mode endorsements, but for each RCED the applicant must submit a new application, and pay the appropriate fee(s).

Amended: Filed Oct. 21, 1997, effective April 30, 1998. Rescinded and readopted: Filed July 26, 2001, effective March 30, 2002.

Amended: Filed Nov. 14, 2003, effective June 30, 2004. Amended: Filed Jan. 28, 2014, *Original authority: 209.292 RSMo 1994, amended 2002

History

• AUTHORITY: section 209.292.1, RSMo Supp. 2013, and sections 209.295(1), (3), and (8), RSMo 2000. Original rule filed May 14, 1997, effective Dec. 30, 1997.

5 CSR 100-200.045 Provisional Certificate in Education {#sec-5-csr-100-200.045 omnilex-key=us-mo-regs-official--title-5--5 CSR 100-200.045}

PURPOSE: This rule outlines how an individual may be granted a Provisional Certificate in Education for interpreting only in preschool, elementary and secondary school settings.

(1) The Board for Certification of Interpreters shall grant a Provisional Certificate in Education to any applicant who submits an application pursuant to 5 CSR 100-200.050 and meets the criteria set forth in section 209.321.8, RSMo.

(2) On or before December 2 of each year, holders of the Provisional Certificate in Education shall submit the Continuing Education Units (CEU) processing fee specified in 5 CSR 100-200.150 and verification of compliance with the certification maintenance requirements set forth in 5 CSR 100-200.130 on a form prescribed by the board.

History

• AUTHORITY: sections 209.292(1) and 209.321(8), RSMo Supp. 2013, and sections 209.295(1), (3), and (8), and 209.309, RSMo 2000. Emergency rule filed Aug. 8, 2003, effective Aug. 18, 2003, expired Feb. 14, 2004. Emergency amendment filed May 6, 2004, effective June 1, 2004, expired Nov. 27, 2004. Original rule filed Aug. 11, 2003, effective Feb. 29, 2004. Rescinded and readopted: Filed Feb. 7, 2005, effective Aug. 30, 2005. Amended: Filed Jan. 28, 2014, effective Sept. 30, 2014. 2002; 209.295, RSMo 1994; and 209.321, RSMo 1994, amended 2002, 2004.

5 CSR 100-200.047 Provisional Certification (aka Learner’s Permit) als may be granted a Provisional Certification (aka Learner’s Permit). {#sec-5-csr-100-200.047 omnilex-key=us-mo-regs-official--title-5--5 CSR 100-200.047}

To obtain the Provisional Certification (aka Learner’s Permit) (LP), an applicant must meet the eligibility and application requirements of 20 CSR 100-200.050, pass the written test of English proficiency, and take the Basic Performance Test.

Amended: Filed Nov. 7, 2019, effective April 30, 2020. *Original authority: 209.295, RSMo 1994 and 209.309,

History

• AUTHORITY: sections 209.295(1), (3), and (8) and 209.309, RSMo 2016. Original rule filed April 29, 2016, effective Nov. 30, 2016.

5 CSR 100-200.050 Application for Interpreter Certification in Missouri regarding application procedures for interpreter certification in Missouri. {#sec-5-csr-100-200.050 omnilex-key=us-mo-regs-official--title-5--5 CSR 100-200.050}

(1) To be eligible for certification in the Missouri Interpreters Certification System (MICS), each applicant must— (3/31/20) JOHN R. ASHCROFT (A) Be eighteen (18) years of age or older; and (B) Have completed a minimum of thirty (30) credit hours from an accredited college or university before taking the written test of English proficiency and have earned an associate degree and/or a minimum of sixty (60) credit hours from an accredited college or university before taking the performance examination. An applicant who is currently certified at the RCED, Basic, Advanced, or Master levels by MICS and applies for a higher level of certification is not required to meet this educational requirement.

(2) An application for certification must be completed on a form developed by the Board for Certification of Interpreters. Application forms may be obtained from the Missouri Commission for the Deaf and Hard of Hearing.

(3) Applicants who do not meet the eligibility and application requirements will be informed in writing of denial. This correspondence will indicate the reason(s) for the denial.

(4) An application must be completed, and submitted with the appropriate fee in order for the applicant to be considered for the certification process.

(5) The completed application must clearly describe the applicant’s intent to— (A) Obtain a MICS Basic, Advanced, or Master Certification through written and performance testing;

(B) Obtain an Intern/Practicum Certification or Provisional Certification (aka Learner’s Permit); or (C) Convert certification.

(6) Applicants desiring to take the written test will be responsible for scheduling the date, time and location of their written test with the coordinator. The written test will be waived for individuals requesting reevaluation. See 5 CSR 100-200.070(5) and 5 CSR 100- 200.075.

(7) Applicants not available for the written or performance examination within twelve (12) months of the date of their application will forfeit both their application and application fee. Any such applicants will have to reapply as outlined above, and submit a new application along with the appropriate application fee.

RSMo 2016.* Original rule filed June 20, Filed May 14, 1997, effective Dec. 30, 1997. 30, 2014. Amended: Filed April 29, 2016, effective Nov. 30, 2016. Amended: Filed June 26, 2019, effective Dec. 30, 2019. *Original authority: 209.292 RSMo 1994, amended 2002

5 CSR 100-200.060 Written Test concerning the written test in the Missouri Interpreter Certification System. {#sec-5-csr-100-200.060 omnilex-key=us-mo-regs-official--title-5--5 CSR 100-200.060}

(1) The form, content, method of administration, passing standards, and method of scheduling of written tests in the Missouri shall be determined by the Board for Certification of Interpreters (BCI).

(2) MICS written tests for groups of applicants shall be offered offsite throughout the state of Missouri as often as feasible. In addition, the MICS written test may normally be taken by individual applicants at the office of the Missouri Commission for the Deaf and Hard of Hearing (MCDHH) on any weekday if it is scheduled with the coordinator at least three (3) days in advance.

(3) All applicants will, upon request, be informed of approved offsite locations for taking the MICS written test.

(4) The written test fee must be received at the MCDHH office prior to applicants being allowed to take the written test.

(5) All applicants failing to appear for a scheduled written test without reasonable prior notice, except in emergencies, will forfeit both their application and their application fee. When reasonable prior notice is given, or failure to appear is due to an emergency, the applicant will be allowed to reschedule their written test for some future time.

(6) All applicants will be notified of their test results in writing.

(7) All applicants must have a passing score as defined by the Texas Board for Examination of Interpreters (BEI) on the written test of English proficiency in order to qualify for taking the performance test.

(8) Any applicant unable to obtain a passing score on the written test of English proficiency cannot retest for six (6) months from the date of their last written test of English proficiency. Any applicant may reapply to take the written test of English proficiency by submitting a new application form along with the appropriate application fee.

History

• AUTHORITY: section 209.292.1, RSMo Supp. 2013, and sections 209.295(1), (3), and (8), RSMo 2000. Original rule filed Amended: Filed May 27, 2005, effective Dec. 30, 2005. Amended: Filed Jan. 28, 2014,

5 CSR 100-200.070 Performance Test and Evaluation concerning the performance test and evaluation in the Missouri Interpreters Certification System. {#sec-5-csr-100-200.070 omnilex-key=us-mo-regs-official--title-5--5 CSR 100-200.070}

(1) The form, content, method of administration, passing standards, and method of scheduling of performance tests and evaluations in the Missouri Interpreters Certification System (MICS) shall be determined by (BCI).

(2) Performance tests may normally be taken by individual applicants at the office of the of Hearing (MCDHH) on any weekday if they are scheduled with the coordinator at least thirty (30) days in advance.

(3)

The performance test fee and application fee must be received at the office of the MCDHH at least thirty (30) days prior to the date of their performance test and shall designate which performance test, Basic, Advanced, or Master, is requested.

(A) Any applicant who has passed the written examination may take the Basic level performance exam.

(B) Any applicant who has passed the written examination and holds a current Basic Certification may take the Advanced performance exam.

(C) Any applicant who has passed the written examination and holds a current Advanced Certification, or its equivalent, may take the Master performance exam. The following current certifications are deemed equivalent to the Advanced Certification:

1. National Interpreter Certification (NIC);

2. Comprehensive Skills Certificate (CSC); and 3. Certificate of Interpreting/Certificate of Transliterating (CI/CT).

(4) The coordinator of the MICS will inform all applicants of their evaluation results by letter after the completion of their performance evaluation. Letters to those who have earned certification will contain a walletsized certificate bearing the signature of the executive director of the MCDHH indicating the type or level of certification granted by the evaluators.

(5) If the applicant does not pass the performance test, no certification will be issued. In such an instance— (A) The applicant may not retake the performance test until at least six (6) months have passed from the date of his/her last performance test; and (B) In all such cases of reevaluation, the written test will be waived.

History

• AUTHORITY: sections 209.292, 209.295, and 209.299, RSMo 2016. Original rule filed June 20, 1996, effective Jan. 30, 1997. 30, 2014. Amended: Filed April 29, 2016, effective Nov. 30, 2016. Amended: Filed June 26, 2019, effective Dec. 30, 2019. 2002; 209.295, RSMo 1994; and 209.299, RSMo 1994.

5 CSR 100-200.075 Voluntary Recertification {#sec-5-csr-100-200.075 omnilex-key=us-mo-regs-official--title-5--5 CSR 100-200.075}

(Rescinded September 30, 2014)

History

• AUTHORITY: sections 209.292(1), (2), and (11), RSMo Supp. 2003 and 209.295(8), RSMo 2000. Original rule filed July 26, Rescinded: Filed Jan. 28, 2014, effective Sept. 30, 2014.

5 CSR 100-200.085 Intern/Practicum Certification {#sec-5-csr-100-200.085 omnilex-key=us-mo-regs-official--title-5--5 CSR 100-200.085}

PURPOSE: This rule outlines the criteria necessary to obtain Intern/Practicum Certification by students currently enrolled in an accredited Interpreter Training Program.

(1) Intern/Practicum Certification (IPC) will be granted to a student applicant upon verification of registration in an interpreting practicum or internship course in an Interpreter Training Program (ITP) that is under the jurisdiction of a college or training program recognized by the United States Secretary of Education or the Commission on Collegiate Interpreter Education (CCIE) as being regionally or nationally accredited, or as approved by the Board for Certification of Interpreters (BCI).

(2) The applicant’s ITP director/coordinator is responsible for notifying the BCI regarding the effective start and end dates of the IPC.

(3) If the requirements of sections (1) and (2) above are met, a student applicant need only submit the appropriate application form and fee in order to obtain the IPC.

(4) A student with IPC must follow the established guidelines and requirements of their ITP during their interpreting practicum or internship course.

(5) Should a student with an IPC either withdraw from or be denied admission to their interpreter practicum or internship course for any reason, their ITP director/coordinator is responsible for immediately notifying the BCI so that the student’s IPC may be revoked.

Filed Jan. 30, 2020, effective July 30, 2020. *Original authority: 209.295, RSMo 1994 and 209.297,

History

• AUTHORITY: sections 209.295(8) and 209.297(2), RSMo 2016. Original rule filed Nov. 27, 1996, effective July 30, 1997.

5 CSR 100-200.090 Temporary Interpreting Permit Eligibility {#sec-5-csr-100-200.090 omnilex-key=us-mo-regs-official--title-5--5 CSR 100-200.090}

History

• AUTHORITY: sections 209.295(8), 209.297(2) and 209.309, RSMo 1994. Original rule filed June 20, 1996, effective Jan. 30, 1997. Amended: Filed April 17, 1998, effective Nov. 30, 1998. Rescinded: Filed July 26, 2001, effective March 30, 2002.

5 CSR 100-200.095 Certified Deaf Interpreter Certification als may be granted a Certified Deaf Interpreter Certification. {#sec-5-csr-100-200.095 omnilex-key=us-mo-regs-official--title-5--5 CSR 100-200.095}

(1) Certification as a Certified Deaf Interpreter (MO-CDI) may be obtained only by conversion pursuant to rule 5 CSR 100- 200.100 by an applicant who receives a passing score on any of the following tests administered by the Texas Health and Human Services Commission (HHSC):

(A) Level III Intermediary;

(B) Level IV Intermediary; or (C) Level V Intermediary.

RSMo 2016.* Original rule filed April 29, 2016, effective Nov. 30, 2016. Amended:

Filed June 26, 2019, effective Dec. 30, 2019.

5 CSR 100-200.100 Certification Conversion Procedures regarding certification conversion procedures. {#sec-5-csr-100-200.100 omnilex-key=us-mo-regs-official--title-5--5 CSR 100-200.100}

(1) Interpreters who have been certified by a certifying entity other than the Missouri may apply for conversion of their certification into an MICS certification.

(2) An applicant for certification conversion shall comply with all requirements of the rule established in 5 CSR 100-200.050 for application procedures.

(3) An application for certification conversion shall include:

(A) A completed application form;

(B) A copy of any current and unexpired certification from the previous certifying entity that indicates a level, category or ranking of interpreting skill;

(C) An authorization form signed by the applicant for release of information from the previous certifying entity; and (D) The appropriate conversion fee.

(4) The authorization for release of information must include the name, address, and phone number of the previous certifying entity in order for the Board for Certification of Interpreters, if needed, to obtain:

(A) Evaluation results;

(B) Passing criteria;

(C) Relevant statutes, codes, and policies concerning the applicable certification; and (6/30/20) JOHN R. ASHCROFT (D) Description of testing materials, including:

1. Pass/fail, levels, single-level or duallevel certification;

2. Minimum passing score or minimum passing scores for each level;

3. Requirements for evaluators or composition of the evaluation team;

4. Assessment of receptive and expressive skills in the areas of both interpreting and transliterating; and 5. Scoring or rating method.

(5) Conversion into the appropriate certification level of the MICS shall be based on a comparison of the evaluation systems, and, if needed, specific information received from the previous certifying entity’s evaluation system, as outlined in section (4) above, will be compared with the MICS. As a result of the comparison, an applicant for conversion may be granted a lower, similar, or higher certification in the MICS than from the previous certifying entity.

(6) An application for certification conversion may be denied because of either incompatibility of the evaluation systems or insufficient information from either the applicant or the previous certifying entity as outlined in sections (3) and (4) of this rule. If an application for conversion is denied, the applicant will be notified of the denial by letter, and will be required to take both the written test and the performance test in order to be certified in the MICS.

History

• AUTHORITY: sections 209.292(9), RSMo Supp. 2003 and 209.295(3) and (4), RSMo 2000. Original rule filed April 17, 1998, effective Nov. 30, 1998. Rescinded and readopted: Filed July 26, 2001, effective March 30, 2002. Amended: Filed Nov. 14, 2003, effective June 30, 2004.

5 CSR 100-200.110 Grandfather Clause {#sec-5-csr-100-200.110 omnilex-key=us-mo-regs-official--title-5--5 CSR 100-200.110}

Rescinded: Filed July 26, 2001, effective March 30, 2002.

History

• AUTHORITY: section 209.292(9), RSMo 1994. Original rule filed Nov. 27, 1996, effective July 30, 1997.

5 CSR 100-200.120 Certification Validation {#sec-5-csr-100-200.120 omnilex-key=us-mo-regs-official--title-5--5 CSR 100-200.120}

History

• AUTHORITY: sections 209.287, 209.292 and 209.309, RSMo 1994. Original rule filed Rescinded: Filed July 26, 2001, effective March 30, 2002.

5 CSR 100-200.125 Certification Renewal {#sec-5-csr-100-200.125 omnilex-key=us-mo-regs-official--title-5--5 CSR 100-200.125}

PURPOSE: This rule outlines the procedures for filing for renewal of certifications tem.

(1) All holders of certifications in the Missouri Interpreters Certification System shall renew their certifications annually by complying with the requirements of 5 CSR 100- 200.130 and submitting the following items to the Board for Certification of Interpreters on or before December 2 of each year:

(A) Renewal form;

(B) A completed Continuing Education Unit (CEU) form accompanied by supporting documentation as required by 5 CSR 100- 200.130;

(C) Renewal fee; and (D) CEU processing fee.

(2) This rule does not apply to holders of the one- (1-) year Provisional Certificate in Education discussed in 5 CSR 100-200.045.

(3) This rule does not apply to holders of the nonrenewable Intern/Practicum Certification discussed in 5 CSR 100-200.085, nor does it apply to the nonrenewable one- (1-) year Provisional Certification (aka Learner’s Permit) discussed in 5 CSR 100-200.047.

(4) Any certification that is not renewed will become invalid on December 15.

(5) Any renewal application not containing the required number of CEUs, earned by November 2, or application submitted after the December 2 deadline shall submit proof of completion of CEUs and the late fee. Any application submitted after December 15 must also be accompanied by the reinstatement fee.

Amended: Filed Nov. 14, 2003, effective June 30, 2004. Amended: Filed June 26, 2019, effective Dec. 30, 2019. *Original authority: 209.295, RSMo 1994; 209.309, RSMo 1994; and 209.311, RSMo 1994.

History

• AUTHORITY: sections 209.295, 209.309, and 209.311, RSMo 2016. Original rule filed July 26, 2001, effective March 30, 2002.

5 CSR 100-200.130 Certification Maintenance regarding the minimum requirements for certification maintenance in the Missouri Interpreters Certification System. {#sec-5-csr-100-200.130 omnilex-key=us-mo-regs-official--title-5--5 CSR 100-200.130}

(1) Annual participation in a continuing education program is required for interpreters certified in the Missouri Interpreters Certification System (MICS). This program involves study and performance options which must have prior approval from the Board for Certification of Interpreters (BCI) and which fulfill the requirements for certification maintenance in the MICS. This program may include seminars, lectures, conferences, workshops, extension study, correspondence courses, teaching, mentorship, self-study, and other options, all of which must be approved by the BCI and must be related to interpreting.

(A) Program options may provide for evaluation methods to assure satisfactory completion by participants.

(B) The BCI shall ensure that persons responsible for the delivery or content of program options are qualified in the subject matter by education, experience, and expertise.

(C) Presentations or program options offering MICS Continuing Education Units (CEUs) may be approved through any of the following methods:

1. All presentations and workshops offered by an Interpreter Training Program (ITP) recognized by the BCI and housed in an accredited institution of higher education will automatically be approved for MICS CEUs;

2. All presentations and workshops that give attendees CEUs approved by the Registry of Interpreters for the Deaf (RID) will automatically be approved for MICS CEUs;

3. MICS CEUs will be given for undergraduate or graduate studies related to interpreting in any regionally accredited institution of higher education. Satisfactory proof of course completion, as required by the BCI, must be submitted in order for CEUs to be granted. The following hourly equivalents will be used by the BCI in issuing courserelated MICS CEUs:

A. 3 college credit hour course = 45 contact hours;

B. 2 college credit hour course = 30 contact hours; and C. 1 college credit hour course = 15 contact hours.

4. The BCI may approve continuing education presentations and program options other than those offered by an ITP or the RID if they meet the following criteria prior to the event:

A. Application should be submitted not less than thirty (30) days prior to the event. Applications received less than thirty (30) days in advance cannot be guaranteed notification of approval; and B. Application to the BCI for approval shall be made on forms developed by the BCI.

The application shall require detailed information relating to administration and organization, teaching staff, education content and development, methods of delivery, length of education activities, targeted skill level of interpreters, facilities, and method of evaluation;

(D) With adequate documentation to the BCI, any interpreter whose primary responsibility is not the education of interpreters who leads, instructs or lectures to groups of interpreters or others on topics related to interpreting in organized continuing education or in-service programs shall be granted MICS CEUs for the time expended during actual presentation. Approval must be requested using procedures outlined in paragraph (1)(C)4 above. MICS CEUs for the same presentation in the same town will be allowed only once during a year; and (E) Any interpreter whose responsibility is the education of interpreters shall be granted MICS CEUs only for time expended in leading, instructing, or lecturing to groups of interpreters or others on topics related to interpreting in an organized continuing education or in-service program outside his/her formal responsibilities in a learning institution. Approval must be requested using procedures outlined in paragraph (1)(C)4. above.

MICS CEUs for the same presentation in the same town will be allowed only once during a year.

(2) One (1) contact hour earns one-tenth (0.1) MICS CEU, except in the case of mentoring, whether as a mentor or a mentee, where one (1) contact hour earns five-hundredths (0.05) MICS CEU.

(3) An interpreter shall be required to earn two (2.0) CEUs annually for certification maintenance in the MICS, with three-tenths (0.3) specifically focused on Ethics. An interpreter may earn up to one (1.0) MICS CEU per year through mentoring, whether as a mentor or as a mentee. Contact hours earned in another state will be accepted by the BCI provided that the hours acquired can be documented. The twelve- (12-) month period for annually earning CEUs will end ninety (90) days prior to the licensing deadline. This section will become effective for the CEU cycle beginning November 3, 2015 and ending November 2, 2016.

(4) Providers will give evaluation forms to participants to be submitted with final reports.

(5) Proof of completion of continuing education requirements shall be provided by interpreters to the BCI by submitting annually a completed CEU form approved by the BCI, proper documentation, and the CEU processing fee, on or before December 2. Proper documentation shall include one (1) or more of the following:

(A) Certificate(s) of completion;

(B) Letter(s) from providers stating date of attendance and program; and (C) Transcript(s) (if available).

(6) The BCI will review and verify all MICS CEUs claimed on the CEU forms submitted.

After verification, the BCI will notify the State Committee of Interpreters of the number of CEUs interpreters have earned for the year. Failure to submit a CEU form with verifiable MICS CEUs, proper documentation, and the CEU processing fee by the December 2 CEU deadline will result in an interpreter’s certification not being renewed, effective December 15. The State Committee of Interpreters will be appropriately notified of the interpreter’s failure to renew certification upon the interpreter’s failure to meet the December 2 certification renewal paperwork postmark deadline.

(7) The BCI may elect to audit any interpreter to assess the authenticity and validity of contact hours submitted.

(8) CEUs may be earned in any area or for any activity related to interpreting, with the prior approval of the BCI, including, but not limited to, the following:

(A) Culture:

1. Sociolinguistics;

2. Deaf culture;

3. American culture;

4. Multi-culture;

5. Cross-culture; and 6. Contextualization;

(B) Skills Development:

1. Receptive skill development;

2. Expressive skill development;

3. American sign language (ASL) skills (grammar, syntax, etc.);

4. English skills (grammar, syntax, etc.);

5. Deaf/Blind interpreting;

6. Oral interpreting;

7. Cued Speech;

8. Minimal Language Skills (MLS) interpreting; and 9. Communication modes;

(C) Trends/Issues in the Interpreting Profession:

1. Current issues relating to the profession;

2. Theories of interpreting; and 3. Ethical Rules of Conduct;

(D) Specialized Skills:

1. Legal setting;

2. Medical setting;

3. Mental Health setting;

4. Educational setting;

5. Performing Arts setting;

6. Rehabilitation setting;

7. Governmental setting; and 8. Technical setting;

(E) Instruction:

1. Mentorship;

2. Independent study;

3. Presenting a workshop; and 4. College credit course work.

(9) A “mentorship” is defined as a focused learning relationship between two (2) individuals with pre-approved goals and learning objectives for the enhancement of interpreting skills. The mentor shall be a licensed interpreter in the state of Missouri certified at an equal or higher level than the mentee.

(A) All forms must be submitted per paragraph 5 CSR 100-200.130(1)(C)4.

(B) MICS will automatically accept mentoring hours from relationships that have already been approved by— 1. RID; or 2. Missouri State Committee of Interpreters.

RSMo 2016.* Original rule filed June 20, Filed April 17, 1998, effective Nov. 30, 1998. 30, 2014. Amended: Filed Feb. 26, 2015, effective Oct. 30, 2015. Amended: Filed April 29, 2016, effective Nov. 30, 2016. Amended:

Filed June 26, 2019, effective Dec. 30, 2019.

5 CSR 100-200.135 Military Certification Status {#sec-5-csr-100-200.135 omnilex-key=us-mo-regs-official--title-5--5 CSR 100-200.135}

PURPOSE: This rule will allow active duty military members who hold interpreter certification to remain in good standing for the duration of duty.

(1) While a certificate holder is an active duty member of the United States Armed Forces, the certificate referenced in this section shall be renewed without— (A) The payment of dues or fees; and (B) Obtaining continuing education credits when— (5/31/21) JOHN R. ASHCROFT 1. Circumstances associated with military duty prevent obtaining such training and a waiver request has been submitted to the appropriate Missouri Commission for the Deaf and Hard of Hearing (MCDHH) staff; or 2. The military member, while on active duty, performs the certified occupation as

part of his or her military duties as annotated in Defense Department Form 214 (DD 214).

(2) The certificate issued under this rule shall be continued as long as the certificate holder is a member of the United States Armed Forces on active duty and for a period of at least six (6) months after being released from active duty.

History

• AUTHORITY: sections 209.295(8) and 209.297(2), RSMo 2016. Original rule filed Dec. 8, 2020, effective June 30, 2021. Original authority: 209.295, RSMo 1994 and 209.297,

5 CSR 100-200.140 Name and Address Change {#sec-5-csr-100-200.140 omnilex-key=us-mo-regs-official--title-5--5 CSR 100-200.140}

PURPOSE: This rule outlines the requirement for interpreters certified in the Missouri Interpreters Certification System to notify the of Hearing of any changes in name or address.

(1) Interpreters who hold a certification in the Missouri Interpreters Certification System shall always ensure that the Missouri Commission for the Deaf and Hard of Hearing (MCDHH) has their current legal name and address on file.

(2) An interpreter whose name has legally changed shall inform the MCDHH of that name change in writing within thirty (30) days of the effective date of change, and provide a copy of the appropriate document verifying the name change.

(3) An interpreter whose address has changed shall inform the MCDHH of that address change in writing within thirty (30) days of the effective date of change.

History

• AUTHORITY: section 209.295(1) and (8), RSMo 2000. Original rule filed April 17, 1998, effective Nov. 30, 1998. Rescinded and readopted: Filed July 26, 2001, effective March 30, 2002. Amended: Filed Nov. 14, 2003, effective June 30, 2004. Original authority: 209.295, RSMo 1994.

5 CSR 100-200.150 Fees {#sec-5-csr-100-200.150 omnilex-key=us-mo-regs-official--title-5--5 CSR 100-200.150}

PURPOSE: The following schedule outlines the fees required for various processes and services in the Missouri Interpreters Certification System.

(1) The following fees are established by the of Hearing for various processes and services tem (MICS):

(A) Application Fee $ 10 (B) Written Test Fee $ 40 (C) Basic Performance Test Fee $275 (D) Advanced and Master Performance Test Fee $300 (E) Conversion Fee $ 50 (F) Reinstatement Fee $ 50 (G) EIPA Proctor Fee $ 70 (H) CEU Processing Fee $ 10 (I) Duplicate Certificate Fee $ 5 (J) Renewal Fee $ 5 (K) Intern/Practicum Certification Fee $ 10 (L) Provisional Certificate in Education Fee $ 50 (M) Photocopies/Printouts Fee (per page) $ 0.10 (N) RID Workshop CEU Processing Fee $ 10 (O) Late Fee $ 20 (P) Out-of-State Processing Fee $ 35 (2) All fees for MICS certification processes and services are nonrefundable.

(3) Payment of all fees must be made in the form of either a cashier’s check or money order made payable to “MCDHH/BCI Fund” or through a state-approved online payment method as indicated on the Missouri Commission for the Deaf and Hard of Hearing (MCDHH) website www.mcdhh.mo.gov. No personal checks or cash will be accepted.

(4)

An out-of-state tester who signs up for both the Test of English Proficiency (TEP) and Performance test to be taken on the same day will incur only one (1) out-of-state processing fee.

(5) The provisions of this rule are declared severable. If any fee fixed by this rule is held invalid by a court of competent jurisdiction or by the Administrative Hearing Commission, the other fees provided for in this rule shall remain in full force and effect, unless otherwise determined by a court of competent jurisdiction or by the Administrative Hearing Commission.

Filed Jan. 30, 2020, effective July 30, 2020.

Amended: Filed Feb. 1, 2021, effective July 30, 2021. 2002; 209.295, RSMo 1994; and 209.311, RSMo 1994.

History

• AUTHORITY: sections 209.292(7), 209.295(2), and 209.311, RSMo 2016. Original rule filed Amended: Filed Feb. 7, 2005, effective Aug. 30, 2005. Amended: Filed Jan. 28, 2014, effective Sept. 30, 2014. Amended: Filed June 26, 2019, effective Dec. 30, 2019. Amended:

5 CSR 100-200.170 Skill Level Standards {#sec-5-csr-100-200.170 omnilex-key=us-mo-regs-official--title-5--5 CSR 100-200.170}

PURPOSE: This rule provides standards concerning the certification levels appropriate for consumers and interpreters to practice in various interpreting settings.

(1) These standards are developed to protect the health, welfare, and safety of consumers.

These standards are not intended to be allinclusive regarding potential interpreting assignments. The standards show both consumers and interpreters the skill levels that are appropriate for interpreting in various settings.

Should questions regarding specific areas of practice arise, see the Ethical Rules of Professional Conduct established by the Missouri State Committee of Interpreters at 20 CSR 2232-3.010.

(2) Interpreters must accept, refuse, or withdraw from assignments based upon their experience, capability, and certification level, and in compliance with the Ethical Rules of Conduct established by the Missouri State Committee of Interpreters at 20 CSR 2232- 1.010.

(3) Interpreters must provide their certification level and license status upon request.

(4) For the purpose of this rule, certifications tem (MICS) are referred to as follows:

(A) Master Certification = Master (B) Advanced Certification = Adv (C) Basic Certification = Basic (D) Restricted Certification = RCED in Education (K-6) (K-6)

(E) Restricted Certification = RCED in Education (7-12) (7-12)

(F) Restricted Certification = RCED in Education (General) (Gen)

(G) Provisional Certificate in Education = PCED (H) Provisional Certification (aka Learner’s Permit) = LP (I) Certified Deaf Interpreter = CDI (5) For the purpose of this rule, certifications issued or accepted by the Registry of Interpreters for the Deaf (RID) and recognized by (BCI) pursuant to 209.322(1), RSMo are referred to as follows:

(A) National Interpreter Certification (NIC) Master = Master (B) National Interpreter Certification (NIC)

Advanced = Master (C) National Interpreter Certification (NIC) = Adv (D) Comprehensive Skills Certificate (CSC) = Adv (E) Certificate of Interpreting/ Certificate of Transliterating (CI/CT) = Adv (F) Certified Deaf Interpreter (CDI) = CDI (6) For the purpose of this rule, certifications issued by the National Association of the Deaf (NAD) and recognized by the BCI pursuant to 209.322(2), RSMo are referred to as follows:

(A) NAD level 5 = Master (B) NAD level 4 = Adv (C) NAD level 3 = Basic (7) The standards set forth in sections (8) through (15) are established for the use and guidance of interpreters in Missouri. Interpreters practicing interpreting in the settings specified below must hold one (1) of the certifications listed as appropriate for interpreting in those settings.

(8) Legal Appropriate involved in the legal process, including but not limited to, judicial or administrative proceedings, appeals, attorney consultations, investigations, examinations or audits, arraignments, bond consultations, pre-trial release hearings, settlement or pre-trial conferences, testimony (whether at deposition, at trial, or before a grand jury) and jury duty:

(A) Criminal matters and proceedings (Felony) . . . . . . . . . . .Master/CDI (B) Criminal matters and proceedings (Misdemeanor) . . . .Master/Adv/CDI (C) Civil matters and proceedings . . . . . .Master/Adv/CDI Administrative matters and proceedings before any federal, state, county, or local government agency, including but not limited to, educational due process and mediation proceedings.

(D) Juvenile Court and Family Court, including but not limited to, child abuse/welfare, child adoption, child custody, termination of parental rights, and crimes by children under the age 17 . . . . . . . . . . . . . . .Master/CDI (E) Legal Consultation/ Advice . . . . . . . . . .Master/Adv/CDI 1. Any consultation between a consumer and an attorney, except that if another part of this rule requires a higher level of certification, it shall control over this subsection.

(F) Law Enforcement Communications between a law enforcement agency, or its officers or agents, and the public in the performance of its official duties, including but not limited to, the following circumstances: ..............Master/CDI 1. Arrest and process 2. Post bond 3. Confession 4. Interrogation 5. Investigation 6. Witness interview 7. Crisis intervention (G) Law Enforcement Public Education Programs Interpreting for any public educational program by a federal, state, county, or local law enforcement agency that promotes crime prevention, personal and public safety, and personal protection . . .Master/Adv/Basic/CDI (H) Correctional interpreting in any correctional facility, including but not limited to, the following: . . . . .Master/Adv/CDI 1. Any program for the education or rehabilitation of inmates 2. Probation/parole meeting 3. Disciplinary hearing 4. Parole hearing 5. Inmate evaluation/assessment (9) Medical Health Care Appropriate (A) Health Care professionals and providers . . . . . . . .Master/Adv/CDI Services of health care professionals and providers, including but not limited to, doctors of medicine, dentists, chiropractors, optometrists, audiologists, speech pathologists, dieticians, and nutritionists.

(B) Personal Care Services Services provided for health and personal care that are not covered in subsection (9)(A) that are provided in independent and assisted living settings including but not limited to: . . . . . . . .Master/Adv/Basic/CDI 1. Convalescent homes 2. Nursing homes 3. Home health care services 4. Hospice (C) Community Health Education . . . . . .Master/Adv/Basic/CDI Any program or activity in the community for the general public-offered by hospitals/clinics and private medical organizations that promotes general health and well-being.

(10) Mental Health Appropriate Interpreters shall be certified as set forth below when interpreting for consumers involved in mental health settings and activities, including (A)

Consultation, Diagnosis, Treatment, and Care.

Interpreting for consumers in any of the following mental health facilities and/or situations involving consultation, diagnosis, treatment crisis intervention or care, including but not limited to: . . . . . .Master/Adv/CDI 1. Mental hospitals 2. Psychiatric hospitals 3. Psychiatric units within hospitals 4. Offices and clinics of mental health professionals, including but not limited to, social workers, psychiatrists, psychologists, psychotherapists, and counselors.

(B) Mental Health Programs . . .Master/Adv/Basic/CDI Mental health programs for the general public occurring outside a mental health facility, including but not limited to, any 12-step program and self-help program relating to mental health and/or well-being.

1. Treatment planning meeting 2. Residential care facility 3. Group home (C) Transition Service . . . . . . .Master/Adv/Basic/CDI Interpreting for consumers involved with facilities, agencies, and activities whose purpose is to assist individuals transitioning to independent living.

(11) Education Appropriate Interpreters shall be certified as set forth below when interpreting for consumers involved in educational settings and activities.

(A) Preschool . . . . . .Master/Adv/Basic/ RCED (K–6)/ RCED(Gen)/ CDI/PCED (B) Academic (Kindergarten– Grade 6) . . . . . . .Master/Adv/Basic/ RCED (K–6)/ RCED(Gen)/CDI/ PCED (C) Academic (Grade 7– Grade 12) . . . . . .Master/Adv/Basic/ RCED (7–12)/ RCED (Gen)/CDI/ PCED (D) Academic (Post Secondary), including Colleges, Universities, Professional Schools, Junior Colleges, Technical Institutes, and Continuing Education . . . .Master/Adv/Basic/CDI (E) Educational Assessment, including but not limited to: . . .Master/Adv/Basic/CDI 1. Language Testing 2. Developmental Testing 3. Intelligence Testing (F) Educational Conferences between educational staff and the student, parent and/ or guardian, including but not limited to, Individualized Education Plan conference, Parent/Teacher conference, and Parent/School Administrator conference. . .Master/Adv/Basic/CDI (G) Professional Development conferences, seminars, workshops, and training . .Master/Adv/Basic/CDI (H) Community Education . . .Master/Adv/Basic/CDI/LP Any program or activity offered to the public generally by schools, colleges, or universities in the community that promotes learning is not offered as part of a degree program, is not part of the basic K-12 curriculum, and is not otherwise listed or referenced above.

(12) Employment Appropriate involved in employment-related settings and activities, including but not limited to:

(A) Personnel Activities . . . . . . .Master/Adv/CDI involved in personnel matters, including but not limited to:

1. Interview (including the explanation or negotiation of the employment contract and employment benefits.)

2. Hiring/firing 3. Discipline 4. Performance Appraisal (B) Employment Maintenance . .Master/Adv/Basic/CDI 1. Staff meetings 2. Employee/employer meetings 3. Safety workshops 4. Training/seminars/workshops 5. Union meeting (C) Vocational Training . . . . . . .Master/Adv/Basic/CDI Any training, course, or workshop designed to assist an individual to search, apply, and or qualify for employment, including but not limited to:

3. Job training 2. Job coach 3. Vocational counseling 4. Vocational assessment (13) Financial Appropriate (A) Financial Settings and Activities . . . . . . .Master/Adv/CDI Real Estate, Insurance, Investments, and Loans. Meetings, consultations, and/or negotiations for the sale, purchase, or transfer of real estate, for the sale or purchase of insurance or investments, to obtain a loan from a financial institution, or other commercial lending business.

(B) Financial Management . . . . . . . . . .Master/Adv/CDI 1. Credit counseling 2. Retirement 3. Tax preparation (14) Government Appropriate (Federal, State, County, and Local) Interpreters shall be certified as set forth below when interpreting for consumers interacting with government agencies and districts :

(A) Administrative Proceedings/Hearings See section (8), above, regarding legal settings and activities . . . . . . . .Master/Adv/CDI (B) Social Services . . . .Master/Adv/CDI 1. Any Division of Youth Services activity 2. Any Division of Family Services activity (C) Public Meetings including but not limited to: . . .Master/Adv/Basic/CDI 1. Agency/board/commission/council meeting 2. Legislative assembly 3. Individuals meeting with a public official (D) Benefits/ Services . . . .Master/Adv/Basic/CDI 1. Food stamps 2. Drivers’ license testing 3. Welfare 4. Social Security 5. Unemployment benefits 6. Medicare/Medicaid (E) Recreational/education programs . . . . . .Master/Adv/Basic/ CDI/LP 1. Federal and state parks 2. Missouri history 3. Conservation 4. Natural resources 5. Energy saver 6. Environment 7. Natural disaster awareness 8. Public awareness 9. Recreational activities 10. Any program or activity offered by a public entity to increase the public’s awareness of government, safety, health, economics, appreciation, protection, etc.

(15) Entertainment Appropriate Setting Certifications involved in entertainment settings and activities, including but not limited to:

(A) Performing Arts . . . . . . .Master/Adv/Basic/CDI Any type of performance but not limited to:

1. Theaters 2. Concerts 3. Comedy shows 4. Magic shows (B) Social Activities . . . . . . .Master/Adv/Basic/ CDI/LP Any other type of activity presented primarily for social or entertainment purposes, including 1. Festivals 2. Fairs 3. Sight-seeing tours 4. Rodeos 5. Circuses 6. Carnivals 7. Amusement parks 8. Camps (16) The Provisional Certification (aka Learner’s Permit) (LP) has the following requirements and duties:

(A) The holder of the LP certification shall follow the skill level standards set forth in this

rule and be under the direct supervision and observation of a qualified supervisor when providing interpreting services;

(B) Qualified supervisors must be licensed by the State Committee of Interpreters and hold current certification at one (1) of the following levels: MICS certification (Advanced, Master, CDI), RID (CSC, CI/CT, NIC, NIC Advanced, NIC Master), or NAD (levels 3, 4 or 5); and (C) The holder of the LP certification shall maintain a log that includes the following for each event at which the LP holder interprets: date, location, description of the event, and the supervisor’s printed name and signature.

This log will be submitted to MCDHH every three (3) months during the LP holder’s certification period. MCDHH has the right to request the log at any other time during the LP Certification and the LP holder shall submit the log within ten (10) days of the request.

Filed Feb. 7, 2005, effective Aug. 30, 2005.

Emergency amendment filed Dec. 19, 2007, effective Jan. 1, 2008, expired June 28, 2008.

Amended: Filed Dec. 19, 2007, effective June 30, 2008. Amended: Filed Jan. 28, 2014, Amended: Filed June 26, 2019, effective Dec. 30, 2019. 2002.

History

• AUTHORITY: section 209.292, RSMo 2016. Original rule filed Nov. 27, 1996, effective July 30, 1997. Amended: Filed April 17, 1998, effective Nov. 30, 1998. Rescinded and readopted: Filed July 26, 2001, effective March 30, 2002. Amended: Filed Nov. 14, 2003, effective June 30, 2004. Amended:

5 CSR 100-200.175 Mentorship {#sec-5-csr-100-200.175 omnilex-key=us-mo-regs-official--title-5--5 CSR 100-200.175}

rule filed Nov. 27, 1996, effective July 30, 1997. Rescinded: Filed July 26, 2001, effective March 30, 2002.

History

• AUTHORITY: sections 209.292(5) and 209.295(5) and (8), RSMo 1994. Original

5 CSR 100-200.180 Grievance Procedure and Appeal Rights {#sec-5-csr-100-200.180 omnilex-key=us-mo-regs-official--title-5--5 CSR 100-200.180}

PURPOSE: This rule outlines the grievance procedure and appeal rights for formal complaints against the Missouri certification process.

(1) Applicants for certification may file a grievance against the Missouri certification process by filing a complaint in writing with (BCI) at the office of the Missouri Commission for the Deaf and Hard of Hearing (MCDHH) within thirty (30) days after the coordinator of the Missouri Interpreters Certification System (MICS) mails notice to the applicant of the applicant’s certification evaluation results or of the denial of a certification to the applicant.

(A) All complaints must contain a detailed explanation of the reason(s) for the complaint, the full name, address, and telephone number of the person making the complaint, a statement of what action the complainant is requesting to be taken by the BCI and/or the MCDHH, and the written signature of the person making the complaint.

(B) Complaints may be filed by mail, by facsimile transmission followed by hard copy within ten (10) days of the transmission, or by other delivery to the MCDHH office.

(C) All complaints will be acknowledged in writing by the MICS coordinator within ten (10) days after being received.

(2) All complaints shall first be reviewed and evaluated by the BCI.

(A) At the direction of the BCI, or on his/her own initiative, the MICS coordinator shall contact the complainant and request any further information that is deemed necessary by either the coordinator or the BCI. The MICS coordinator or the BCI may also conduct an independent investigation of the issues raised in the complaint.

(B) The BCI shall evaluate the complaint and make a determination based on the facts of the situation.

(C) The person filing the complaint shall be notified in writing of the BCI’s determination.

(D) Such notification shall inform the person filing the complaint of their right to appeal that decision to the MCDHH.

(3) Within thirty (30) days after the BCI mails notice of its determination to the person filing the complaint, the complainant may appeal the BCI’s decision by filing a written request for review with the MCDHH.

(A) Any such appeal must contain a detailed explanation of the reason(s) for the appeal, the full name, address, and telephone number of the person making the appeal, a statement of what action the complainant is requesting to be taken by the MCDHH, and the written signature of the person making the appeal.

(B) Any such appeal may be filed by mail, by facsimile transmission followed by hard copy within ten (10) days of the transmission, or by other delivery to the MCDHH office.

(4) The MCDHH shall hold a hearing pursuant to the administrative procedures set forth in Chapter 536, RSMo, as such are adopted by section 621.135, RSMo.

(A) After a hearing, the MCDHH shall evaluate the appeal and make a determination based on the facts of the situation.

(B) The person filing the appeal shall be notified in writing of the MCDHH’s determination.

(5) The complainant may file an appeal of the MCDHH’s decision pursuant to section 536.100, RSMo, as such is adopted by section 621.135, RSMo. The MCDHH’s notification to the complainant of its decision shall inform the complainant of his/her right to appeal that decision pursuant to section 536.100, RSMo.

(6) Information regarding formal complaints and appeals will be kept confidential by all members of the BCI, MCDHH, and staff of the MCDHH, insofar as confidentiality is required and allowed by law.

History

• AUTHORITY: sections 209.292(13), RSMo Supp. 2003 and 209.295(8), 209.314 and 209.317, RSMo 2000. Original rule filed Nov. 27, 1996, effective July 30, 1997. 2002; 209.295, RSMo 1994; 209.314, RSMo 1994; and 209.317, RSMo 1994.

5 CSR 100-200.200 Enforcement {#sec-5-csr-100-200.200 omnilex-key=us-mo-regs-official--title-5--5 CSR 100-200.200}

Filed July 26, 2001, effective March 30, 2002.

History

• AUTHORITY: section 209.295(8), RSMo 1994. Original rule filed June 29, 1996, effective Jan. 30, 1997. Amended: Filed May 14, 1997, effective Dec. 30, 1997. Rescinded:

5 CSR 100-200.210 Reinstatement {#sec-5-csr-100-200.210 omnilex-key=us-mo-regs-official--title-5--5 CSR 100-200.210}

PURPOSE: This rule establishes requirements for reinstatement in the Missouri Interpreters Certification System of certifications that have been suspended, revoked, or lapsed for failure to renew.

(1) The holder of a certification issued pursuant to sections 209.285 through 209.318, RSMo, whose certification has been suspended, or which has not been renewed because of noncompliance with the certification maintenance requirements detailed in 5 CSR 100-200.130, may apply for reinstatement of his/her certification.

(2) All applicants for reinstatement must complete the necessary application form and pay the required fee(s) in order to be considered for reinstatement.

(3) Upon application, the certification of a person whose certification has been suspended shall be reinstated in full upon expiration of the suspension period, payment of the reinstatement fee, and satisfaction of all certification maintenance requirements during the period of suspension as specified in 5 CSR 100-200.130.

(4) The Board for Certification of Interpreters (BCI) will automatically reinstate the certification of any interpreter whose certification was not renewed for failure to comply with certification maintenance requirements upon evidence to the BCI of the following:

(A) Completion of two (2.0) Missouri Interpreters Certification System continuing education units for every applicable year as set forth in 5 CSR 100-200.130; and (B) Payment of all required fees and penalties, which have not been paid previously, for any periods during which the applicant practiced interpreting while the applicant’s certificate was suspended or not renewed.

(5) A person whose certification was not renewed because of failure to comply with certification maintenance requirements shall have a maximum of one (1) year from the date the renewal form was due to reinstate their certification. If such an interpreter’s certification is not reinstated within one (1) year after the renewal deadline, then that interpreter must apply for their certification anew, and must follow the procedures for application (5 CSR 100-200.050), taking the written test (5 CSR 100-200.060) and taking the performance test (5 CSR 100-200.070).

(6) Any applicant for reinstatement will be notified in writing of the reinstatement decision.

Filed Jan. 28, 2014, effective Sept. 30, 2014. *Original authority: 209.295, RSMo 1994.

History

• AUTHORITY: section 209.292, RSMo Supp. 2013, and sections 209.295(2) and (8), RSMo 2000. Original rule filed Nov. 27, 1996, effective July 30, 1997. Rescinded and readopted: Filed July 26, 2001, effective March 30, 2002. Amended: Filed Nov. 14, 2003, effective June 30, 2004. Amended: Filed Feb. 7, 2005, effective Aug. 30, 2005. Amended:

5 CSR 100-200.220 Revocation {#sec-5-csr-100-200.220 omnilex-key=us-mo-regs-official--title-5--5 CSR 100-200.220}

PURPOSE: This rule describes how an interpreter’s certification may be revoked by the Board for Certification of Interpreters, and what an interpreter must do to regain certification after revocation.

(1) The Board for Certification of Interpreters may revoke an interpreter’s certification in the Missouri Interpreters Certification System (MICS) if that interpreter engages in any of the actions specified in 209.317(1), RSMo.

(2) An interpreter shall be given written notice that his/her certification has been revoked, and shall be informed in that notice of their right to request a hearing to appeal the revocation decision.

(3) The board shall provide that any such hearing concerning revocation of a certificate shall follow administrative procedures for hearings as provided in Chapter 536, RSMo.

(4) If an interpreter’s certification is revoked by the board, that interpreter cannot apply for reinstatement of their certification. Rather, they can only regain certification by beginning the certification process anew, and must follow the procedures for application (5 CSR 100-200.050), taking the written test (5 CSR 100-200.060) and taking the performance test (5 CSR 100-200.070).

(5) A person whose certification has been revoked must wait no less than one (1) year from the date of revocation before they can again apply for certification.

History

• AUTHORITY: sections 209.295(8), 209.317(2) and 621.135, RSMo 2000 and Chapter 536, RSMo 2000 and Supp. 2004. Original rule filed Feb. 7, 2005, effective Aug. 30, 2005. Original authority: 209.295, RSMo 1994; 209.317, RSMo 1994; Chapter 536, please see Missouri Revised Statutes 2000 and Supp 2004; and 621.135, RSMo 1965.

Chapter 300 Hearing Aids

5 CSR 100-300.010 Hearing Aid Distribution Program {#sec-5-csr-100-300.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 100-300.010}

PURPOSE: This rule establishes the Missouri Hearing Aid Distribution Program and sets forth the requirements for qualifying for assistance in the purchase of a hearing aid.

(1) “Applicant” means any individual applying for assistance from the Hearing Aid Distribution Program (HADP) for the purchase of a hearing aid(s).

(2) “Hearing aid” shall include any wearable device or instrument designed for or offered for the purpose of aiding or compensating for human hearing loss and that can provide more than fifteen decibel (15 dB) full-on gain via a two (2) cc coupler at any single frequency from two hundred (200) through six thousand (6000) cycles per second, and any parts, attachments, or accessories, including earmold, but excluding batteries, cords, receivers, and repairs. “Hearing aid” shall not include cochlear implants, Baha system/device, services or equipment used in therapy, or medical supplies, that are not available through the HADP program.

(3) An applicant may only be awarded hearing aid(s) one (1) time during a period of three (3) program years (July–June). The HADP shall be invoiced by a licensed Missouri hearing aid vendor who may be reimbursed for actual costs up to three thousand nine hundred dollars ($3,900) per pair, or one thousand nine hundred fifty dollars ($1950) for one (1) hearing aid. Funding is available only for any portion of the cost of a hearing aid(s) that is not the responsibility of, or covered by, another agency or entity (i.e. private insurance, Medicaid, Medicare, etc.).

(4) To qualify for assistance from the HADP, an applicant must— (A) Submit the completed application on the form provided by the Missouri Commission for the Deaf and Hard of Hearing (MCDHH) with all financial and audiogram sections/questions completed, in addition to including all required documentation requested in these sections;

(B) Submit with and at the time of application, an audiogram assessment performed by either a physician licensed under Chapter 334, RSMo, an audiologist licensed under

Chapter 345, RSMo, or a hearing instrument specialist licensed under Chapter 346, RSMo, within six (6) months of the application establishing the need for a hearing aid, including written verification and audiogram by the licensed professional;

(C) Submit all income documentation establishing that the applicant’s household income is at or below one hundred percent (100%) of the current federal poverty guidelines issued by the U.S. Department of Health and Human Services, including but not limited to federal income tax returns, paycheck stubs summarizing the full income from the source for the year, W-2s, evidence of job loss, and/or a benefit letter. For purposes of calculating the federal poverty level, “persons in family/household” shall be equal to the number of taxpayers and dependents within which the applicant is included. If the applicant is not required to file a federal tax return, does not file a federal tax return, and is not named as a dependent on the federal tax return of another, the “persons in family/household” shall be one (1). The household income of the applicant shall be equal to the sum of 1) the combined adjusted gross income of the household members as found on their federal income tax return(s) for the prior year and 2) any other untaxed income (before withholdings) not reported in a federal tax return, such as wages, salaries, tips, unemployment, severance, disability, lottery, maintenance or alimony, social security benefits, and any untaxed income, as well as child support payments over three hundred dollars ($300) per child for any applicant should be included. If income has been significantly reduced during the current year, documentation of such may be submitted for consideration. The applicant may also submit for consideration proof of all out-of-pocket medical expenses or financial losses affecting the household’s financial position, including medical, job loss, or other financial loss that can be documented;

(D) A written quote from the Missouri licensed hearing aid vendor selected by the applicant shall be provided with the completed HADP application and shall include all costs for the hearing aid(s) including: any future follow up visits, cleanings, follow up tests, a minimum one- (1-) year warranty and thirty- (30-) day trial period, as well as how wear items will be covered (including parts and labor). The quote must be completed by the licensed vendor in Missouri and included with the application; and (E) Submit adequate evidence demonstrating residency for at least one (1) year within the state of Missouri.

(5) Payment will not be made until the approved, signed “Purchase Agreement” and Invoice are submitted to MCDHH following the successful thirty- (30-) day trial period.

The purchase agreement must outline the items detailed in this section, including warranty, make/model and serial number of the hearing aids, and how the hearing aid(s) can be stored and maintained appropriately.

MCDHH reserves the right to refuse or reduce payment if MCDHH determines that price charged is not reasonable and consistent in light of fair market value.

(6) Priority will be given to those establishing the greatest need based on hearing loss and income.

(7) No applications will be accepted electronically, including, but not limited to, fax or email. The application and other supporting documentation shall be submitted to— HADP Program Manager MCDHH 3216 Emerald Lane, Suite B Jefferson City, MO 65109

Original authority: 209.245, RSMo 2019.

History

• AUTHORITY: section 209.245, RSMo Supp. 2019. Original rule filed Nov. 14, 2019, effective May 30, 2020.

Division 110 Missouri Assistive Technology Advisory Council

Chapter 1 Assistive Technology Programs

5 CSR 110-1.010 Telecommunications Access Program {#sec-5-csr-110-1.010 omnilex-key=us-mo-regs-official--title-5--5 CSR 110-1.010}

PURPOSE: This rule establishes the standards and procedures for the provision of a statewide telecommunications equipment distribution program providing specialized equipment to eligible individuals with disabilities. This rule implements section 209.251, RSMo through 209.259, RSMo.

(1) Program Title. The telecommunication equipment distribution program established by 209.251, RSMo through 209.259, RSMo shall hereinafter be referred to as the “Telecommunication Access Program (TAP)” with two programmatic components, known as “TAP for Telephone” and “TAP for Internet.”

(2) Definitions. As used in this rule, except as otherwise required for the context, the following terms have the meanings ascribed:

(A) Adaptive telecommunications equipment—is equipment that translates, enhances or otherwise transforms the receiving or sending of telecommunications into a form accessible to individuals with disabilities and includes adaptive telephone and adaptive computer equipment.

1. Adaptive telephone equipment—is equipment that translates, enhances or otherwise transforms the receiving or sending of voice calling and associated auditory signaling into a form accessible to individuals with disabilities.

2. Adaptive computer equipment—is equipment that translates, enhances or otherwise transforms the receiving or sending of Internet and electronic mail information into a form accessible to individuals with disabilities.

(B) Adjusted gross income—is the amount claimed as adjusted gross income on the applicant’s most recent federal income tax return.

(C) Basic telecommunication service—is a service that supplies the transmission and reception of information to and from customer premises equipment and includes basic telephone and Internet services.

1. Basic telephone service—is telephone service from a telephone company that supplies the transmission and reception of voice calls to and from customer premises equipment. Basic telephone service does not include other types of voice communications, such as two-way radio communication, nor does it include adjunct-to-basic voice communication services, such as caller identification or voice mail.

2. Basic Internet service—is service from an Internet service provider that supplies the transmission and reception of electronic information, web and electronic mail, to and from customer premises equipment.

Basic Internet service does not include other types of electronic communications such as alpha-numeric paging or facsimile communication.

(D) Consumer support services—are services that assist individuals with disabilities or their families or caregivers in the selection of the most appropriate adaptive telecommunications equipment to meet their needs and in the installation and use of such equipment.

(E) Eligible applicants—are individuals with disabilities who have been certified as unable to use traditional telecommunication equipment for access to basic telephone or Internet service.

(F) Program administrator—is staff of Missouri Assistive Technology or other entity so designated by the Missouri Assistive Technology Advisory Council.

(G) Qualified agency—is an entity that regularly works with individuals with disabilities, is familiar with adaptive telecommunications equipment and resources, and is able to assist individuals with disabilities in determining equipment needs.

(H) Reasonable access to basic telecommunications service—is access delivered by cost-effective adaptive telephone equipment or cost-effective adaptive computer equipment.

(I) Traditional telecommunications equipment—is customer premises equipment used to access basic telecommunications service and includes traditional telephone equipment for telephone service and traditional computer equipment for Internet service.

1. Traditional telephone equipment—is a typical telephone with dial pad, handset, and audio ringer used to place and receive voice calls.

2. Traditional computer equipment—is a typical computer system with keyboard, pointing device, and visual display monitor used to send and receive electronic information.

(3) Applicant Eligibility.

(A) Eligible applicants shall:

1. Be certified by a licensed physician, audiologist, speech pathologist, hearing instrument specialist or qualified agency as unable to use traditional telecommunications equipment due to disability;

2. Have specific adaptive telecommunications equipment designated by an approved agent;

3. Be residents of Missouri;

4. Meet financial income standards;

5. Have access to basic in-home telephone equipment and service if applying for adaptive telephone equipment or have access to basic in-home computer equipment and Internet service if applying for adaptive computer equipment.

(B) Applicants shall be eligible for one (1) adaptive equipment system that provides access to basic telecommunication. Applicants shall not be eligible for more than one (1) equipment system to provide access in more than one (1) location, for example, equipment for both upstairs and downstairs in a residence.

(C) Applicants who have received equipment from the program in the past shall be eligible for replacement equipment according to the time schedule established by the program administrator and shall be notified of such replacement period when they receive their initial equipment. The program administrator may also find applicants eligible for replacement equipment if:

1. The device is damaged through natural disasters, such as lightning, electrical storms, floods or other acts of God;

2. There is a change in disability status rendering the adaptive equipment inappropriate to meet their needs;

3. A new device has become available through TAP that is deemed more appropriate to the applicant’s disability than a device previously provided by TAP.

(D) Applicants shall have an annual adjusted gross income that does not exceed $60,000 for an individual or an individual plus a second exemption, spouse or dependent. For each additional dependent claimed, $5,000 shall be added to the $60,000 base level.

(E) Applicants shall be ineligible for equipment when the applicant has:

1. Sold or otherwise transferred ownership of equipment received from TAP to an individual or entity other than the originally authorized applicant;

2. Lost equipment received from TAP through negligence such as leaving in an unlocked house or unlocked car;

3. Negligently or willfully damaged equipment received from TAP or violated other provisions of the administrative rules governing TAP.

(4) General Application and Certification Procedures.

(A) Individuals shall apply for equipment from the program, on forms approved by the program administrator, that include:

1. Applicant name, address, home and work phone, date of birth, Social Security number;

2. Assurance of Missouri residency, assurance of current access to basic telecommunications equipment and service, assurance of income level;

3. Identification of current or past use of adaptive equipment;

4. Specific request for specialized equipment or request for assistance in selecting equipment and agreement to allow the program to release their name, address, and phone number to an agency that provides consumer support;

5. Original applicant signature and date.

(B) In addition to information required on the application and certification form, applicants shall supply any additional information which the program administrator deems reasonably necessary to determine the applicant’s eligibility and to assist in determining the adaptive equipment which best meets the applicant’s needs.

(C) Certifying agents shall, on forms approved by the program administrator, certify that the applicant, by name, is unable to use traditional telecommunications equipment because of a specific category of disability. The certifying agent shall sign and date the certification and provide state license number if certifying as a physician, audiologist, hearing instrument specialist or speech pathologist. Certifiers shall possess full licensure, not temporary or provisional. Approved agency representatives certifying shall provide the name of the approved agency. All certifying agents shall provide their name, address, and phone number to enable the program administrator to contact them as necessary.

(5) Certifying Agents.

(A) Entities desiring to be approved as a certifying agency shall request such designation from the program administrator. The program administrator will review agency qualifications and may require an agency to complete training provided by the program administrator prior to approval.

(B) The program administrator will maintain a list of approved certifying agencies and those personnel of the agency who are approved to certify.

(C) Agencies or individuals who charge a fee to sign the certification form identified in 5 CSR 110-1.010(4)(C) shall provide the applicant with information about certifying agents who will provide that service free of charge. The program administrator will make a list of such certifying agents readily available on the Internet or upon request.

(6) Appeals Process. Applicants may appeal any disapproval of an equipment request by filing a written appeal with the Missouri Assistive Technology Advisory Council. No specific form shall be required. The appeal shall describe how the equipment requested is necessary for basic telecommunications access and conforms with adopted program rules. The council may hear appeals during any regularly scheduled council meeting or may call a special meeting of the council for such purpose.

(7) Fraud. If an applicant supplies false information or obtains adaptive equipment through misrepresentation of facts on the application and certification form, TAP may demand return of the equipment and shall declare such applicants ineligible for future equipment from TAP.

(8) Confidentiality. All applicant information shall be kept confidential except for approved release of information for purposes specified on the application form or long-term loan agreement.

(9) Publicity. Vendors responsible for distributing adaptive equipment under contract with the program, certifying agents, and entities providing consumer support services shall not engage in or be party to any publicity that includes or in any way references the Telecommunications Access Program or consumer eligibility for such program without the express written approval of the Missouri Assistive Technology Advisory Council.

(10) TAP for Telephone Specific Procedures.

(A) Equipment Provided—Adaptive telephone equipment shall be provided in sufficient scope to meet the needs of individuals with all types of disabilities and shall be procured in a cost-effective manner.

1. The program administrator shall develop and maintain a list of adaptive telephone equipment designed to provide reasonable access to basic telephone service for individuals with a wide range of disabilities.

The list will be provided with the application and certification form. The program will monitor the market for devices that might be added to the program to better meet individual needs and will update the list as necessary to remain current with the market.

2. Adaptive telephones or adaptive devices that attach to the telephone shall be considered first to provide access. For the majority of program applicants, adaptive equipment that attaches to or replaces the typical end-unit telephone will be available on the approved list to meet their needs.

Equipment that does not directly attach to or replace the phone will be provided by the program when no other device will deliver the needed access.

3. The program may provide equipment not on the list if such equipment is necessary for basic telephone access and is cost effective as compared to devices on the list.

4. The program shall not provide adaptive devices needed for one-to-one personal communication such as hearing aids, artificial larynx, or other augmentative communication devices.

5. The program shall maintain a list of vendors with which it has contracted to provide adaptive telephone equipment in a costeffective manner.

6. The program shall only provide captioned telephone voice carry-over equipment when the applicant is unable to effectively utilize an amplified telephone due to degree of hearing loss and significantly impaired speech discrimination.

(B) Application Processing—The program administrator shall process TAP for telephone applications and deliver equipment and services that assure an appropriate match between an individual with a disability and adaptive equipment.

1. Each application shall be reviewed for completeness. If any information is missing, the applicant will be contacted and requested to supply such information.

2. Each applicant’s eligibility will be verified by information provided on the application form.

3. If the application:

A. Requests the same equipment as was provided by the program at least four (4) years prior to this application, the prior equipment delivery will be verified and the new equipment request will be approved without new disability certification needed.

B. Requests equipment on the approved list, the request will be matched with disability description, as provided by the application form or equipment worksheet, and approved.

C. Requests equipment not on the approved list, the explanation will be reviewed to determine if the equipment is necessary for basic telephone access and is cost effective as compared to devices on the list. If so, the equipment request will be approved.

4CODE OF STATE REGULATIONS

4. Upon verification of applicant eligibility and determination of equipment/disability match, the program administrator shall order the equipment from an approved vendor.

5. Equipment orders shall include applicant name, make and model of equipment ordered, applicant shipping address, phone number, and date of order. The program administrator shall transmit equipment orders directly to the vendor by facsimile or via other time expedient mechanism that is mutually agreeable.

6. Applicants will be notified if their equipment request cannot be approved.

7. Upon receipt of equipment order, the vendor shall ship the equipment directly to the applicant’s Missouri residence by verifiable delivery mechanism.

8. The vendor shall provide the program administrator with a monthly invoice of all equipment ordered and delivered.

9. The program administrator may establish alternative and pilot programs to increase program quality and consumer satisfaction.

(C)

Consumer Support—The program administrator shall deliver consumer support services directly or through contracts or other working relationships with qualified individuals, organizations, vendors, or other entities.

1. Consumer support providers shall:

A. Have expertise and experience of sufficient depth and breadth to assist consumers in identifying adaptive telephone equipment that will meet their needs;

B. Be able to provide adaptive telephone equipment orientation and use training;

C. Participate in training activities as may be required by the program administrator to assure equipment competency; and D. Be able to demonstrate equipment knowledge and competency as requested by the program administrator.

2. Agencies desiring to provide consumer support services shall participate in periodic training as deemed necessary by the program administrator. Such training shall include specific information about adaptive telephone equipment necessary to support appropriate equipment selection and use ensuring appropriate match of person and equipment. Agencies eligible to provide consumer support include:

A. Non-profit or public agencies who regularly work with persons with disabilities and/or have specialized knowledge about adaptive telephone equipment and access to equipment for demonstration and trial purposes; and B. Such agencies with narrowly focused contact with individuals with disabilities can be approved to provide consumer support limited to that focus.

3. Specific non-profit agencies shall be designated by the program administrator to provide consumer support for captioned telephone voice carry-over equipment. Designated agencies shall satisfactorily participate in periodic training provided by the program administrator that includes information critical to support appropriate matching of applicants to this specialized equipment.

4. Only licensed or certified individuals who were approved to designate equipment prior to July 1, 2007, shall be eligible to continue in that function provided they participate in all training deemed necessary by the program administrator and provide all information requested by the program administrator.

(D) Equipment Ownership, Usage, Repair and Replacement— 1. Adaptive telephone equipment purchased for an individual applicant may be owned by that applicant or may be provided on a long-term loan basis at the discretion of the program administrator based on determination of effectiveness.

2. Adaptive telephone equipment will be covered by the product warranty or by a one (1)-year express warranty provided via the Missouri Lemon Law for Assistive Devices.

3. The program administrator may provide a repair and replacement program.

4. Miscellaneous supplies, such as Text Telephone (TTY) paper, are the applicant’s responsibility.

5. An applicant shall be eligible for replacement equipment every four (4) years, unless their disability needs change. The program administrator may approve equipment replacement within this time period for extenuating circumstances.

6. If an applicant’s disability changes, rendering the adaptive telephone equipment inappropriate to meet their needs, the applicant may reapply for new equipment and shall provide a description of the disability change.

7. Adaptive telephone equipment, in particular the captioned telephone voice carry-over system, shall not be used as an accommodation for in-person communications, meetings, or other interactions in place of real-time captioning or interpreter services.

(11) TAP for Internet Specific Procedures.

(A) Equipment Provided—Adaptive equipment needed for Internet access shall be provided in sufficient scope to meet the needs of individuals with all types of disabilities and shall be procured in a cost-effective manner.

1. The program administrator shall develop and maintain a list of adaptive equipment designed to provide reasonable access to basic Internet service for individuals with a wide range of disabilities. The equipment list shall include adaptive computer equipment that is compatible with a wide range of commonly used computers, operating systems, browsers and electronic mail applications. The list will be provided with the application and certification form. The program will monitor the market for devices that might be added to the program to better meet individual needs and will update the list as necessary to remain current with the market.

2. The program may provide equipment not on the list if such equipment is necessary for basic Internet access and is cost effective when compared to devices on the list.

3. The program will not provide:

A. Base computer equipment or connection equipment needed for Internet access such as a standard computer, monitor, keyboard, mouse, modem, dial-up application, browser, electronic mail application, or other standard Internet related hardware and software;

B. Service from an Internet service provider;

C. Print output devices such as laser printers and braille embossers;

D. Adaptive devices needed for oneto-one personal communication such as hearing aids, artificial larynx, or other augmentative communication devices;

E. Devices needed for Internet access beyond computer adaptations, such as adaptive devices for cable television-based Internet access;

F. Keyboarding or other training beyond consumer support in the use of adaptive equipment.

4. The program shall not be obligated to provide adaptive equipment necessary for access to every Internet browser application, electronic mail application, dial-up application, or other Internet related software.

5. The program shall maintain a list of vendors with which it has contracted to provide adaptive computer equipment.

(B) Application Processing—The program administrator shall process TAP for Internet applications and deliver equipment and services that assure an appropriate match between an individual with a disability and adaptive equipment.

1. Each application shall be reviewed for completeness. If any information is incomplete, the applicant will be contacted and requested to supply such information.

2. Each applicant’s eligibility will be verified by information provided on the application form.

3. If the application:

A. Requests equipment on the approved list, and no installation or usage support is needed, the request will be matched with disability certification and approved;

B. Includes an equipment worksheet completed by an approved consumer support provider, verifying applicant needs for the adaptive computer equipment identified, the application will be approved and authorization for consumer support services provided as needed;

C. Requests equipment not on the approved list, the explanation will be reviewed to determine if the equipment is necessary for basic Internet access and is cost effective as compared to devices on the list.

If so, the equipment request will be approved.

4. Upon verification of applicant eligibility and determination of equipment/disability match, the program administrator shall order the equipment from an approved vendor and will notify the applicant that the equipment has been ordered.

5. Equipment orders shall include applicant name, make and model of equipment ordered, applicant or consumer support provider shipping address, and date of order.

The program administrator shall transmit equipment orders directly to the vendor by facsimile or via other time expedient mechanism that is mutually agreeable.

6. Applicants will be notified if their equipment request cannot be approved as submitted and will be asked to revise their equipment request accordingly.

7. Upon receipt of equipment order, the vendor shall ship the equipment directly to the applicant’s Missouri residence or to an approved consumer support provider by verifiable delivery mechanism.

8. The vendor shall provide the program administrator with a monthly invoice of all equipment ordered and delivered.

9. The program administrator may establish alternative and pilot programs to increase program quality and consumer satisfaction.

(C) Consumer Support—The program administrator shall deliver consumer support services directly or through contracts with individuals, organizations, vendors, or other entities. Consumer support providers shall:

1. Have expertise and experience of sufficient depth and breadth to assist consumers in identifying adaptive computer equipment that will meet their needs for Internet access;

2. Be able to provide adaptive computer equipment installation, orientation and use training;

3. Participate in training activities as may be required by the program administrator to assure equipment competency; and 4. Be able to demonstrate equipment knowledge and competency as required by the program administrator.

(D) Equipment Ownership, Repair and Replacement— 1. Adaptive computer equipment purchased for an individual applicant shall be owned by that applicant and applicants are in general responsible for service, repair, and replacement.

2. Configuration and compatibility adjustments, such as those created by Internet service provider changes or changes in operating system software, are the applicant’s responsibility.

3. An applicant shall be eligible for replacement equipment every three (3) years.

The program administrator may approve equipment replacement within this time period for extenuating circumstances.

4. The program administrator will regularly review all upgrades to software products on contract for the program. If the upgrade is determined to be necessary for product efficiency and is cost effective, the upgrade will be provided notwithstanding the replacement cycle. All applicants who received a product eligible for an upgrade will be notified by the program and asked to submit an upgrade request.

5. If an applicant’s disability changes, rendering the adaptive equipment needed for Internet access inappropriate to meet their needs, the applicant may reapply for new equipment and shall provide a description of the disability change.

Emergency rule filed July 28, 2000, effective Aug. 28, 2000, expired Feb. 23, 2001. Original rule filed July 28, 2000, effective Jan. 30, 2001. Emergency amendment filed Dec. 21, 2000, effective Dec. 31, 2000, expired June 28, 2001. Amended: Filed Dec. 21, 2000, effective June 30, 2001. Amended: Filed Aug. 7, 2001, effective Feb. 28, 2002. Amended:

Filed Feb. 4, 2004, effective Aug. 30, 2004.

Moved to 1 CSR 70-1.010 and amended: Filed May 23, 2005, effective Dec. 30, 2005.

Moved to 5 CSR 110-1.010 and amended:

Filed Dec. 5, 2007, effective July 30, 2008. *Original authority: 209.253, RSMo 1990, amended 1996, 2000.

History

• AUTHORITY: section 209.253, RSMo 2000. This rule originally filed as 8 CSR 70-1.010.

5 CSR 110-1.020 Assistive Technology Loan Program {#sec-5-csr-110-1.020 omnilex-key=us-mo-regs-official--title-5--5 CSR 110-1.020}

PURPOSE: This rule establishes the standards and procedures for the provision of a statewide low-interest loan program providing financing to eligible persons for purchasing assistive technology devices and services and financing for equipment to be used by persons with disabilities to telework. This rule implements sections 191.850 through 191.867, RSMo 2000.

(1) Program Title. The assistive technology loan program established in sections 191.850 through 191.867, RSMo 2000, shall hereinafter be referred to as “Show-Me Loans for Assistive Technology and Telework.”

(2) Definitions. As used in this rule, except as otherwise required for the context, the following terms have the meanings ascribed:

(A) Assistive technology device—is equipment or an item to help maintain, increase, or improve the independence, or functional capabilities of an individual with a disability.

The program will facilitate loans to purchase a broad range of assistive technology;

(B) Assistive technology service—is a service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes, but is not limited to:

1. The evaluation of the needs of an individual with a disability;

2. Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing of an assistive technology device;

3. Coordinating with other therapies, interventions, or services with assistive technology devices;

4. Training or technical assistance for an individual with a disability, or, where appropriate, the family of an individual with a disability;

5. Training or technical assistance to professionals, employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of an individual with a disability;

(C) Individual with a disability—is an individual who meets the definition of an individual with a disability as defined in the Americans with Disabilities Act or an individual who is eligible for any of the state of Missouri disability related programs;

(D) Council—is the Missouri Assistive Technology Advisory Council;

(E) Program—is the Show-Me Loans for Assistive Technology and Telework Program;

6CODE OF STATE REGULATIONS

(F) Eligible applicant—is an individual seeking a loan to assist one (1) or more individuals with disabilities obtain an assistive technology device or service or obtain equipment for telework;

(G) Adjusted gross income—is the amount claimed as adjusted gross income on an applicant’s most recent federal income tax return;

(H) Program administrator—is staff of Missouri Assistive Technology or other entity so designated by the Missouri Assistive Technology Advisory Council;

(I) Telework—is work as an employee or contractor or as a self-employed individual on a full-time or part-time basis from home or other remote site;

(J) Telework equipment—is equipment that will be used by an individual with a disability to work from home or from other remote site;

(K) Revolving loan—is a loan made directly from and repaid directly into the Assistive Technology Loan Revolving Fund;

(L) Commercial loan—is a loan from a commercial lending institution that is supported by a fee, loan guarantee, interest buydown or other financial support through the Show-Me Loans program.

(3) Applicant Eligibility.

(A) Eligible applicants shall:

1. Be residents of Missouri;

2. Be seeking a loan that will assist an individual with a disability obtain an assistive technology device or service or obtain equipment for telework;

3. Meet program standards established by the council.

(B) The program administrator may determine an applicant is ineligible for the program when the applicant has defaulted on a previous loan made through the program or violates any provisions of the program, or ceases to meet the requirements of these rules or of any standards or policies established by the council.

(4) Equipment Eligible for Assistive Technology Loan Funds.

(A) Allowable devices shall include, but not be limited to:

1. Wheelchairs, motorized scooters and other mobility aids;

2. Braille equipment;

3. Scanners;

4. Hearing aids and other assistive listening systems;

5. Augmentative communication systems;

6. Environmental control units;

7. Computers and adaptive computer peripherals;

8. Building modifications for accessibility limited to the cost of the modifications;

9. Motor vehicle modifications for accessibility.

(B) Loans are not permitted toward the purchase of a home.

(5) Equipment Eligible for Telework Loan Funds.

(A) Allowable equipment shall include, but not be limited to:

1. Computers and computer hardware and software;

2. Adaptive computer hardware or software;

3. Office equipment;

4. Adaptive equipment or devices needed to telework;

5. Access modifications to a home or remote site to be used in telework.

(B) Loans are not permitted toward the purchase of a building or for the purchase of services, including, but not limited to, monthly Internet service charges.

(6) Loan Standards.

(A) Interest Rates. As a Special Purpose Credit Program under Section 8 of Regulation B of the Equal Credit Opportunity Act, the loan program may base interest rates on economic need rather than credit risk factors.

The council shall establish an interest rate formula for borrowers based on individual payment abilities. Loans may be made with no interest.

(B) Principal Buy-Down. The council may establish criteria for a principal buy-down of not more than twenty percent (20%) of the loan principal for borrowers with financial circumstances who would otherwise be unable to afford a loan.

(C) Repayment Periods. The council shall establish repayment periods for borrowers based on the ability to pay. Loan repayment periods for revolving loans shall not exceed ten (10) years.

(D) Loan Amount. The council shall have the authority to review and adjust the maximum loan amount.

(E) Other. The council shall establish standards at the beginning of each year for matters necessary to implement the program.

These standards shall include, but not be limited to, requirements for security or collateral for loans, and limits on the numbers and amounts of loans to assure the continued solvency of the loan program fund.

(7) Application Procedures. Individuals shall apply for the program, on forms approved by the program administrator, that include:

(A) Applicant name, home and mailing address, home and work phone, and Social Security number;

(B) If the applicant does not have a disability, a description of the applicant’s relationship to the individual with a disability, the name of the person with a disability, if different from applicant; and the type of disability;

(C) Whether the applicant is applying as an individual or with a co-applicant;

(D) For an assistive technology loan, identification of the assistive technology that the applicant plans to purchase; a description of how the assistive technology will improve the life of the person with a disability; the cost of the assistive technology; amount of loan requested; and the name, address and phone number of the vendor, contractor, or individual from whom the assistive technology will be purchased;

(E) For a telework loan, identification of the telework equipment that the applicant plans to purchase; the cost of the telework equipment; amount of loan requested; and the name, address and phone number of the vendors, contractors, or individuals from whom the telework equipment will be purchased; and other pertinent information in a format to be determined by the program administrator;

(F) Certification by the applicant that they authorize the program administrator to check the applicant’s credit, make all inquiries necessary to verify the accuracy of the information provided, and share all financial, credit, and other pertinent information with required entities for the sole purposes of loan approval and loan maintenance;

(G) Whether the applicant rents or owns housing; name of landlord or mortgagor; monthly rent or mortgage payment; years and months living at current address and at previous address; name, address, and phone number of current employer; amount of gross monthly income from employment; source and monthly amount of income other than employment; name, address, and phone number of previous employer; years and months at current employer and previous employer; position or occupation at current employer and at previous employer; whether the applicant has a checking or a savings account; the bank name that holds the checking or savings account; and the names, addresses, phone numbers, and relationship to the applicant of the two (2) closest living relatives not living at applicant’s address. If there is a co-applicant, all information in section (6) is also required for the co-applicant including a spouse if the spouse is contractually liable for repayment or if the applicant is relying on the income of spouse for approval of credit;

(H) Information about the applicant’s current financial obligations including, but not limited to: financial institutions, department stores, credit cards, leases, unpaid taxes, alimony and child support. The applicant shall include information including the responsibility of the applicant and any coapplicant, the name of creditors, current outstanding balances, monthly or other term payments;

(I) Information required by federal or state statute;

(J) A statement to be signed by the applicant verifying the truthfulness and accuracy of all information submitted;

(K) In addition to information required on the application, applicants shall supply any additional information and supporting documentation which the program administrator deems reasonably necessary to determine the applicant’s eligibility to receive a loan through the program.

(8) Application Review Procedures.

(A) Initial Application Review. Upon receipt of an application, the program administrator will perform an initial review to verify that the applicant is seeking a loan for assistive technology or telework for an individual with a disability. The program administrator will perform an initial review of the applicant’s creditworthiness, ability to repay the loan, and ability to meet the eligibility criteria established by the council.

(B) Loan Application Review. Following initial application review, the application will be submitted by the program administrator for approval or denial by the loan application review committee.

1. The loan application review committee shall consist of no fewer than five (5) members and no more than eleven (11) members. At least one (1) member shall be a Missouri Assistive Technology Advisory Council member. A majority of members shall be individuals with disabilities or individuals who have a family member with disability.

The council shall appoint loan application review committee members for three (3)-year terms.

2. The loan application review committee shall approve or deny loan applications for revolving loans based on the eligibility criteria and financial standards established by the council.

3. The loan application review committee shall approve or deny applications for commercial loans based on the eligibility criteria and financial standards established by the council, and shall forward the application to the commercial lending institution for review and final approval or denial.

(C) Approved Loan Processing.

1. For revolving loans, the program administrator shall prepare a resolution on behalf of the council that will serve as an invoice for payment purposes upon approval of a loan application.

2. For commercial loans approved by the commercial financial institution, the program administrator shall prepare a resolution and process the corresponding payment to support the loan.

(D) Denied Loan Processing. The program administrator shall notify the applicant in writing following the denial of a loan application. The notification shall include information about how to appeal the denial decision.

(9) Appeals Process.

(A) Applicants may appeal any disapproval of a revolving loan application by filing a written appeal with the Missouri Assistive Technology Advisory Council. No specific form shall be required. The council may hear appeals during any regularly scheduled council meeting or may call a special meeting of the council for such purpose. The council’s decision regarding approval or denial of a loan shall be final.

(B) Applicants may appeal any disapproval of a commercial loan using the commercial lending institution’s appeal procedures.

(10) Fraud. If an applicant supplies false information or obtains a loan through misrepresentation of facts on the application, the program administrator may demand return of the item(s) for which the loan was provided and may declare such applicants ineligible for future loans.

Original rule filed July 10, 2001, effective Jan. 30, 2002. Amended: Filed Feb. 4, 2004, effective Aug. 30, 2004. Moved to 1 CSR 70- 1.020 and amended: Filed May 23, 2005, effective Dec. 30, 2005. Moved to 5 CSR 110- 1.020 and amended: Filed Dec. 5, 2007, effective July 30, 2008. *Original authority: 191.865, RSMo 2000.

8CODE OF STATE REGULATIONS

History

• AUTHORITY: section 191.865, RSMo 2000. This rule originally filed as 8 CSR 70-1.020.