to 160.933

160.900 to 160.933

* , and in the case of a provider offering dyslexia therapy, the term also includes a person with national certification as an academic language therapist;   (14)  "Qualifying needs" , an autism spectrum disorder, Down Syndrome, Angelman Syndrome, cerebral palsy, or dyslexia;   (15)  "Scholarship granting organization" , a charitable organization that:   (a)  Is exempt from federal income tax;   (b)  Complies with the requirements of this program;   (c)  Provides education scholarships to students attending qualified schools of their parents' choice or to children receiving services from qualified service providers; and   (d)  Does not accept contributions on behalf of any eligible student or eligible child from any donor with any obligation to provide any support for the eligible student or eligible child.   3.  The department of elementary and secondary education shall develop a master list of resources available to the parents of children with an autism spectrum disorder or dyslexia and shall maintain a web page for the information.  The department shall also actively seek financial resources in the form of grants and donations that may be devoted to scholarship funds or to clinical trials for behavioral interventions that may be undertaken by qualified service providers.  The department may contract out or delegate these duties to a nonprofit organization.  Priority in referral for funding shall be given to children who have not yet entered elementary school.   4.  The director shall determine, at least annually, which organizations in this state may be classified as scholarship granting organizations.  The director may require of an organization seeking to be classified as a scholarship granting organization whatever information that is reasonably necessary to make such a determination.  The director shall classify an organization as a scholarship granting organization if such organization meets the definition set forth in this section.   5.  The director shall establish a procedure by which a donor can determine if an organization has been classified as a scholarship granting organization.  Scholarship granting organizations shall be permitted to decline a contribution from a donor.   6.  Each scholarship granting organization shall provide information to the director concerning the identity of each donor making a contribution to the scholarship granting organization.   7.  (1)  The director shall annually make a determination on the number of students in Missouri with an individualized education program based upon qualifying needs as defined in this section.  The director shall use ten percent of this number to determine the maximum number of students to receive scholarships from a scholarship granting organization in that year for students with qualifying needs who have at the time of application an individualized education program, plus a number calculated by the director by applying the state's latest available autism, cerebral palsy, Down Syndrome, Angelman Syndrome, and dyslexia incidence rates to the state's population of children from age five to nineteen who are not enrolled in public schools and taking ten percent of that number.  The total of these two calculations shall constitute the maximum number of scholarships available to students.   (2)  The director shall also annually make a determination on the number of children in Missouri whose parent or guardian has enrolled the child in first steps, received an individualized family services program based on qualifying needs, and filed a complaint through the Individuals with Disabilities Education Act, Part C, and received an unsatisfactory response.  In addition to this number, the director shall apply the latest available autism, cerebral palsy, Down Syndrome, Angelman Syndrome, and dyslexia incidence rates to the latest available census information for children from birth to age five and determine ten percent of that number for the maximum number of scholarships for children.   (3)  The director shall publicly announce the number of each category of scholarship opportunities available each year.  Once a scholarship granting organization has decided to provide a student or child with a scholarship, it shall promptly notify the director.  The director shall keep a running tally of the number of scholarships granted in the order in which they were reported.  Once the tally reaches the annual limit of scholarships for eligible students or children, the director shall notify all of the participating scholarship granting organizations that they shall not issue any more scholarships and any more receipts for contributions.  If the scholarship granting organizations have not expended all of their available scholarship funds in that year at the time when the limit is reached, the available scholarship funds may be carried over into the next year.  These unexpended funds shall not be counted as part of the requirement in subdivision (3) of subsection 8 of this section for that year.  Any receipt for a scholarship contribution issued by a scholarship granting organization before the director has publicly announced the student or child limit has been reached shall be valid.  Beginning with school year 2016-17, the director may adjust the allocation of the proportion of scholarships using information on unmet need and use patterns from the previous school years.  The director shall provide notice of the change to the state board of education for its approval.   8.  Each scholarship granting organization participating in the program shall:   (1)  Notify the department of its intent to provide educational scholarships to students attending qualified schools or children receiving services from qualified service providers;   (2)  Provide a department-approved receipt to donors for contributions made to the organization;   (3)  Ensure that at least ninety percent of its revenue from donations is spent on educational scholarships, and that all revenue from interest or investments is spent on educational scholarships;   (4)  Ensure that the scholarships provided do not exceed an average of twenty thousand dollars per eligible child or fifty thousand dollars per eligible student;   (5)  Inform the parent or guardian of the student or child applying for a scholarship that accepting the scholarship is tantamount to a parentally placed private school student pursuant to 34 CFR