Can the school conduct a reevaluation without my consent?

No, not for a reevaluation that involves new testing. The school must obtain your written consent before administering any new evaluations. If the school is reviewing existing data only (no new testing), they may not need consent for that review, but should notify you.

The school says they can just review existing records instead of new testing. Is that allowed?

Yes, but only if the team determines existing data is sufficient to establish continued eligibility and current needs. If you believe new testing is needed because the data is outdated or incomplete, you can advocate for it. You can also request an IEE if you disagree with assessment decisions.

Can I waive the reevaluation?

Yes, the school may ask you to sign a document agreeing a reevaluation is not necessary. You are not required to agree. If you have any questions about whether current data is still accurate, declining to waive and requesting a full reevaluation is the safer choice.

What if the reevaluation results say my child is no longer eligible?

Don't sign anything you disagree with at the meeting. Ask for more time to review. You can request an IEE, file a state complaint, or request a due process hearing. Losing eligibility means losing services, this decision deserves careful scrutiny, especially if your child is still struggling.

State IEP Rights

IEP Rights in Missouri: What Parents Need to Know

Q: How long does Missouri have to evaluate my child for special education?

Missouri must complete the initial evaluation within 60 days of receiving parental consent. After the evaluation, the IEP team must convene and develop the IEP. Missouri uses calendar days for this timeline.

Q: Where can Missouri families get free advocacy help?

Missouri Parents Act (MPACT) is Missouri's Parent Training and Information (PTI) center. Missouri Disability Rights is the state's P&A organization, now known as Disability Rights Advocates, and provides legal services in special education cases.

Missouri follows federal IDEA with its own state rules. Here's what the timelines look like, how to dispute decisions, and where families can get free advocacy support.

Meghan Moore, BCBA, M.A. Special Education

Missouri Special Education Overview

Special education in Missouri is governed by IDEA and Missouri state regulations (5 CSR 20-100.140 and related rules). The Missouri Department of Elementary and Secondary Education (DESE) oversees compliance through its Special Education Division.

Evaluation Timelines

Missouri must complete the initial special education evaluation within 60 days of receiving parental consent, using calendar days. After the evaluation, the IEP team must meet to determine eligibility and develop the IEP. If the child is eligible, services must begin in a reasonable time.

IEP Development and Review

IEPs in Missouri must be reviewed at least annually. Reevaluations must occur at least every three years. Parents must receive a copy of the IEP. Missouri requires that special education services be provided as written in the IEP and that parents receive prior written notice before any proposed changes.

Dispute Resolution in Missouri

State Complaints

State complaints are filed with DESE's Special Education Division. DESE must investigate and issue a written decision within 60 calendar days of receiving the complaint. You should include specific details about the alleged violation, the timeframe, and what you are requesting.

Contact: DESE Special Education Division
Phone: 573-751-0622
Website: dese.mo.gov/special-education

Mediation

Voluntary mediation is available at no cost to parents through DESE. Mediation is confidential and any agreement reached is legally enforceable.

Due Process

Due process hearings in Missouri are conducted by independent hearing officers. Either parent or district can file. Missouri follows the federal IDEA two-year statute of limitations. There is a 30-day resolution period after filing before the hearing proceeds.

Missouri-Specific Resources

Missouri Parents Act (MPACT)

MPACT is Missouri's federally funded Parent Training and Information (PTI) center. MPACT provides free training, information, and individual advocacy support to families of children with disabilities from birth through age 26.

Website: ptimpact.com
Phone: 816-531-7070

Disability Rights Missouri (formerly Missouri Protection & Advocacy Services)

Disability Rights Missouri is the state's Protection and Advocacy (P&A) organization. They provide legal services and advocacy support for special education cases.

Website: drmo.org
Phone: 800-392-8667

Key Things to Know in Missouri

Missouri uses a 60-calendar-day evaluation timeline
State complaints go to DESE's Special Education Division
MPACT offers free advocacy support statewide
Disability Rights Missouri provides legal services
Missouri follows federal IDEA timelines for IEP reviews and reevaluations

Frequently Asked Questions

How long does Missouri have to evaluate my child for special education?

Missouri must complete the initial evaluation within 60 calendar days of receiving parental consent. After evaluation, the IEP team must convene to determine eligibility and develop the IEP.

What is the Missouri Department of Elementary and Secondary Education's role in special education?

DESE oversees special education through its Special Education Division. DESE monitors district compliance, investigates state complaints, and provides resources for families.

Where do I file a special education complaint in Missouri?

State complaints are filed with DESE's Special Education Division. DESE must investigate and issue a decision within 60 calendar days.

Where can Missouri families get free advocacy help?

Missouri Parents Act (MPACT) is the state's PTI center and provides free support. Disability Rights Missouri is the state's P&A organization and provides legal services.