Back-to-School Guide for Missouri Public School Students, Families, and Advocates

With the pro bono assistance of Enterprise Mobility and Norton Rose Fulbright US LLP, Legal Services of Eastern Missouri’s Health and Education Justice Initiative (HEJI) has published our first-ever “Back to School Guide” with publications and Know Your Rights materials on multiple education topics to help students, parents, caregivers, and child/youth-serving professionals.

SECTIONS:

• Student Enrollment Processes and Residency Requirements
• School Discipline, Due Process, and Alternative Education
• Bullying & Harassment
• The Rights of Students with Disabilities – IEPs, 504 Plans
• The Rights of Students Involved in the Foster Care or Juvenile Justice Systems
• Students Experiencing Homelessness (McKinney Vento Act)
• The Rights of English Language Learners and Multilingual Students
• The Rights of LGBTQ+ & Gender-Diverse Students
• Transparency and Student Records
• Fines and Fees
• Credits and Planning for Graduation

HEJI’s publications provide a general statement of the law. However, each situation is different. If you have questions about how the law applies to a particular situation, or if you have questions about a particular issue at your school, you can leave a message on our Community Tipline at 314.256.8789. We can provide interpretation services to communicate with families in their preferred language.

In addition to understanding the legal rights explained in this guide, you can visit your school district’s website for specific information about how your school educates and supports students.

Check your school’s policies to see if children have protections that go beyond the scope of this guide. Check back with us as we will continue to update our materials throughout the school year.

The State of Missouri has baseline high school graduation requirements that all school districts must follow when awarding credits or high school diplomas. However, school districts may impose additional credit requirements.

Missouri high school students need a minimum of 24 credit hours (including certain specific course credits) to graduate.

• https://dese.mo.gov/quality-schools/graduation-requirements-how-many-credits-does-student-need-graduate-0

• https://dese.mo.gov/media/pdf/graduation-requirements

Alternate pathways to obtaining a high school diploma may also be available depending on the school district and the individual student’s circumstances.

One example is called the Missouri Option Program which may be available in some Missouri school districts and allows students to earn a diploma in a non-traditional way.

• https://dese.mo.gov/quality-schools/missouri-option-program

A second example is the High School Equivalency (HSE) certificate instead. A HSE certificate demonstrates that an individual has equivalent knowledge and skills to those of a high school graduate without completing the traditional high school program.

• https://dese.mo.gov/college-career-readiness/high-school-equivalency
• Test Taker Resources | The HiSET Exam

Please see the linked resources for more information:

• Credits and Graduation Planning One Pager
• Missouri Options One Pager
• Missouri High School Graduation Handbook 
• MOCAP

Since as recently as during the COVID-19 pandemic, schools have been providing technology (i.e. Chromebooks and other devices) to help students access their education.

Technology continues to be provided to students even while students attend classes in-person including for some elementary school students. Today technology in school continues to be integral or essential to a student’s ability to learn.

When school districts charge fines or fees that act as barriers to students accessing their education, such as preventing a student’s registration or enrollment in school or a student’s graduation from school, these could be found to be unconstitutional (or unlawful).

Please see the linked resources below for more information:

• Legal Services’ White Paper on Technology Fines and Fees
• Fines & Fees One Pager
• DESE Guidance During COVID-19 Pandemic re: Fines and Fees

The Family Educational Rights and Privacy Act, otherwise known as “FERPA” affords three important rights to all students and parents of students with respect to school recordkeeping:

1) Access to Records

2) Required Consent to Release records and

3) Right to make Corrections or Amendments to records.

ACCESS
FERPA gives parents (including guardians and those acting as parents) and eligible students (meaning students over 18, or those attending postsecondary education) certain rights concerning their, or their child’s, educational records. Any school receiving funding from the Department of Education is required to protect the privacy of educational records and to provide parents and eligible students certain rights to access and amend those records.

Regarding the right to access educational records, schools must give parents and/or eligible students the chance to review the educational records within 45 days from the request to review. While the school is required to let a parent or student review the records, it doesn’t typically have to provide copies of the records unless a parent or student is unable to review the records in person.

CONSENT
As a general rule, FERPA requires that a parent or eligible student must provide written consent with either a handwritten or electronic signature before any school discloses any personally identifiable information from a student record. The consent must describe: 1) the records to be disclosed; 2) the purpose of the disclosure; and 3) the parties to receive the disclosure.

However, there are some exceptions to the disclosure requirement that balance the need for privacy with the practical requirements of the school. For example, information can be disclosed to school officials with legitimate educational interests. Disclosure is allowed to officials of another school system or school where the student seeks to enroll or has enrolled. Disclosure is also allowed when necessary to protect the health and safety of others. Furthermore, disclosure is allowed in compliance with a judicial order or subpoena.

Also, schools can disclose directory information without consent if they’ve given public notice and a reasonable opt-out time. Directory information may include a Student’s name, Address, Telephone number, and Email address. Schools must provide public notice about what they consider directory information and the process for opting out.

CORRECTIONS OR AMENDMENTS
Parents have the right under FERPA to request the amendment of a student’s education records. Any parent who believes that his child’s records contain information that is “inaccurate, misleading, or in violation of the privacy rights of the student” may ask the district to amend the record or ask for a hearing to correct or amend the records.

This is an important aspect of ensuring accuracy and protecting student privacy. FERPA requires that the school must consider each request, inform the parent/student of the decision, and offer a hearing if the request is denied. After the hearing, if the amendment is still denied, the parent or student can add a statement to the record.

Please see the linked resources for more information:

• Know Your Rights: Family Educational Rights & Privacy Act (Three Pager)
• U.S. Department of Education Protecting Student Privacy FAQs
• U.S. Department of Education Student Privacy 101 (video)

Children and youth who experience homelessness ― including those living in shelters, doubled-up due to economic circumstances, in temporary housing, or “couch-surfing” ― have important legal rights to education under a federal law called the McKinney-Vento Act and Missouri state law. The McKinney-Vento Act requires that a student experiencing homelessness receive equal access to the same free, appropriate public education, including public preschool education and special education, as provided to other children. Missouri state law also emphasizes that students experiencing homelessness are exempt from proof of residency requirements.

In particular, under the McKinney Vento Act, a student experiencing homelessness:

• Must be provided transportation to and from the school of origin or the school of residency. Transportation must be arranged immediately and cannot create a barrier or an undue burden for attendance.
• Must be allowed to immediately enroll in school, even if the student lacks certain enrollment documents, such as proof of residency, immunization records, or school records.
• Qualifies for free school meals and other support, such as fee waivers, school supplies, and referrals to health and social services.
• Has the right to a dispute resolution process if they (or their parent) disagree with the school district on a decision related to eligibility, enrollment, transportation, or school selection.

Please see the linked resources for more information:

• Missouri Homeless Youth Handbook
• Missouri School Enrollment: A Know-Your-Rights Guide for Students and Caregivers
• Ed Rights App
• McKinney Vento Parent/Caregiver One Pager
• McKinney Vento Unaccompanied Youth One Pager

First Steps:

The rights of students with disabilities begin at birth. Missouri First Steps coordinates services across the state for students up until their third birthday.

After an evaluation, First Steps services are provided in an Individualized Family Service Plan.

• • Details on the First Steps process and how to receive services can be found on the First Steps website: First Steps Parent Information.

Transition from First Steps to Early Childhood Special Education:

Once a student is reaching the age of 3, a referral can be made to an Early Childhood Special Education provider for an evaluation to determine if the student may qualify for early childhood special education. Getting an evaluation is not dependent on involvement with the First Steps program.

 The IDEA requires that states, through their school districts, “identify, locate, and evaluate every child who may have a disability requiring special education services.” This obligation is called “Child Find.” This mandate not only obligates the schools to proactively identify children with disabilities but also provides parents with the right to request for their child to be evaluated. Requesting an evaluation is as simple as sending a letter to the school district’s director or coordinator of special education. You will also need to subsequently sign a permission form provided by the school district.

• • Information on these evaluations can be found at: Transition from First Steps to Early Childhood Special Education (ECSE).

Individualized Education Program:

As part of the evaluation process, services are planned and outlined through an IEP, or an Individualized Education Program. This is a formal process with specific timelines and metrics that must be followed by a school district.

• • A key part of developing an IEP is the IEP meeting, where parents have the opportunity to discuss with educators their child’s needs, available services, and desired outcomes. Some resources to help parents prepare for the IEP process for their child can be found here: IEP Process.

• • More detailed information on the process for how IEP plans are developed and implemented can be found here: Parent’s Guide to Special Education in Missouri.

Disputes or How to Voice Disagreement:

If a parent does not agree with the results of an evaluation for an IEP, state and federal law lay out the processes for disputing or voicing disagreement, with steps ranging from a facilitated IEP process to filing a more formal complaint.

• • Parents are entitled to an independent educational evaluation (IEE) if they disagree with the school system’s assessment or proposed plan of services for their child. The IEE is at the public’s expense, meaning the parent will not be responsible for the cost of the IEE. Myths and Facts about the IEE process can be found here: Missouri Department of Elementary and Secondary Education, Independent Educational Evaluation.

• • If a disagreement remains about the assessment or plan of services for the student, parents can take next steps to initiate a dispute. Those processes and links to the relevant forms can be found here: Due Process/Child Complaint/Mediation/FIEP.

Section 504 Plans:

Section 504 Plans are intended for students with disabilities who have a medical or mental health condition that substantially impairs or limits one of the student’s major life activities (i.e., breathing, concentrating, walking, or learning).

• • Information on Section 504 can be found at: Section 504: Rehabilitation Act of 1973 information.

Please see the linked resources for more information:

• Compensatory Education Two Pager
• Seclusion and Restraint Two Pager
• Missouri Lay Educational Advocacy Program
• Council of Parent Attorneys and Advocates: Recursos En Español