Title 161 · MO 161
Untitled section
Citation: Mo. Rev. Stat. § 300.130
Section: 300.130
300.130 and, thus, neither the department nor any Missouri public school is responsible to provide the student with a free appropriate public education pursuant to the Individuals with Disabilities Education Act or Section 504 of the Rehabilitation Act of 1973; â (6)  Distribute periodic scholarship payments as checks made out to a student's or child's parent and mailed to the qualified school where the student is enrolled or qualified service provider used by the child.  The parent or guardian shall endorse the check before it can be deposited; â (7)  Cooperate with the department to conduct criminal background checks on all of its employees and board members and exclude from employment or governance any individual who might reasonably pose a risk to the appropriate use of contributed funds; â (8)  Ensure that scholarships are portable during the school year and can be used at any qualified school that accepts the eligible student or at a different qualified service provider for an eligible child according to a parent's wishes.  If a student moves to a new qualified school during a school year or to a different qualified service provider for an eligible child, the scholarship amount may be prorated; â (9)  Demonstrate its financial accountability by: â (a)  Submitting a financial information report for the organization that complies with uniform financial accounting standards established by the department and conducted by a certified public accountant; and â (b)  Having the auditor certify that the report is free of material misstatements; â (10)  Demonstrate its financial viability, if the organization is to receive donations of fifty thousand dollars or more during the school year, by filing with the department before the start of the school year: â (a)  A surety bond payable to the state in an amount equal to the aggregate amount of contributions expected to be received during the school year; or â (b)  Financial information that demonstrates the financial viability of the scholarship granting organization. â 9.  Each scholarship granting organization shall ensure that each participating school or service provider that accepts its scholarship students or children shall: â (1)  Comply with all health and safety laws or codes that apply to nonpublic schools or service providers; â (2)  Hold a valid occupancy permit if required by its municipality; â (3)  Certify that it will comply with 42 U.S.C. Section 1981, as amended; â (4)  Provide academic accountability to parents of the students or children in the program by regularly reporting to the parent on the student's or child's progress; â (5)  Certify that in providing any educational services or behavior strategies to a scholarship recipient with a medical or clinical diagnosis of or an individualized education program based upon autism spectrum disorder it will: â (a)  Adhere to the best practices recommendations of the Missouri Autism Guidelines Initiative or document why it is varying from the guidelines; â (b)  Not use any evidence-based interventions that have been found ineffective by the Centers for Medicare and Medicaid Services as described in the Missouri Autism Guidelines Initiative guide to evidence-based interventions; and â (c)  Provide documentation in the student's or child's record of the rationale for the use of any intervention that is categorized as unestablished, insufficient evidence, or level 3 by the Missouri Autism Guidelines Initiative guide to evidence-based interventions; and â (6)  Certify that in providing any educational services or behavior strategies to a scholarship recipient with a medical or clinical diagnosis of, or an individualized family services program based upon Down Syndrome, Angelman Syndrome, cerebral palsy, or dyslexia, it will use student, teacher, teaching, and school influences that rank in the zone of desired effects in the meta-analysis of John Hattie, or equivalent analyses as determined by the department, or document why it is using a method that has not been determined by analysis to rank in the zone of desired effects. â 10.  Scholarship granting organizations shall not provide educational scholarships for students to attend any school or children to receive services from any qualified service provider with paid staff or board members who are relatives within the first degree of consanguinity or affinity. â 11.  A scholarship granting organization shall publicly report to the department, by June first of each year, the following information prepared by a certified public accountant regarding its grants in the previous calendar year: â (1)  The name and address of the scholarship granting organization; â (2)  The total number and total dollar amount of contributions received during the previous calendar year; and â (3)  The total number and total dollar amount of educational scholarships awarded during the previous calendar year, including the category of each scholarship, and the total number and total dollar amount of educational scholarships awarded during the previous year to students eligible for free and reduced lunch. â 12.  The department shall adopt rules and regulations consistent with this section as necessary to implement the program. â 13.  The department shall provide a standardized format for a receipt to be issued by a scholarship granting organization to a donor to indicate the value of a contribution received. â 14.  The department shall provide a standardized format for scholarship granting organizations to report the information in this section. â 15.  The department may conduct either a financial review or audit of a scholarship granting organization. â 16.  If the department believes that a scholarship granting organization has intentionally and substantially failed to comply with the requirements of this section, the department may hold a hearing before the director or the director's designee to bar a scholarship granting organization from participating in the program.  The director or the director's designee shall issue a decision within thirty days.  A scholarship granting organization may appeal the director's decision to the administrative hearing commission for a hearing in accordance with the provisions of chapter 621 . â 17.  If the scholarship granting organization is barred from participating in the program, the department shall notify affected scholarship students or children and their parents of this decision within fifteen days. â 18.  Any rule or portion of a rule, as that term is defined in section