162.670. Statement of policy. — In order to fully implement Section 1(a) of Article IX, Constitution of Missouri, 1945, providing for the establishment and maintenance of free public schools for gratuitous instruction of all persons in this state within ages not in excess of twenty-one years as prescribed by law, it is hereby declared the policy of the state of Missouri to provide or to require public schools to provide to all handicapped and severely handicapped children within the ages prescribed herein, as an integral part of Missouri's system of gratuitous education, a free appropriate education consistent with the provisions set forth in state and federal regulations implementing the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. Section 1400 et seq. and any amendments thereto. The need of such children for early recognition, diagnosis and intensive educational services leading to more successful participation in home, employment and community life is recognized. The timely implementation of this policy is declared to be an integral part of the policy of this state.
Notes of Decisions
Fort Zumwalt Sch. Dist. v. State, 896 S.W.2d 918 (Mo. 1995).
· cites it 6× “Mindful of the federal carrot, Section 162.670, RSMo 1994, announces the policy of the state "to provide or to require public schools to provide to all handicapped and severely handicapped children within the ages prescribed herein, .”
Lagares v. Camdenton R-III Sch. Dist., 68 S.W.3d 518 (Mo. Ct. App. 2001).
· cites it 18× “The Lagareses claimed that the panel should have applied the standard set forth in § 162.670, RSMo 2000, 2 which states that it is the policy of the State of Missouri to require public schools to provide “special educational services sufficient to meet the needs and maximize the…”
Yaris v. Special Sch. Dist. of St. Louis Cnty., 558 F. Supp. 545 (E.D. Mo. 1983).
· cites it 6× “§ 1983 , the Equal Protection and Due Process Clauses of the Fourteenth Amendment; the Missouri Constitution, and Mo.Rev.Stat. §§ 162.670 et seq. [1] This court's jurisdiction is invoked *547 pursuant to 20 U.”
McEuen Ex Rel. McEuen v. Missouri State Bd. of Educ., 120 S.W.3d 207 (Mo. 2003).
· cites it 7× “This case presents a challenge to the constitutional validity of Senate Substitute for House Bill 2023 (SSHB 2023) enacted and signed into law in 2002 and codified as sections 162.670, 162.675, 162.961, and 162.”
Hellmann v. Union Sch. Dist., 170 S.W.3d 52 (Mo. Ct. App. 2005).
· cites it 6× “Section 162.670 RSMo Cum. Sup.2002. Thus, a teacher who fails to comply with requirements of the IDEA violates a school law of the state.”
Cothern v. Mallory, 565 F. Supp. 701 (W.D. Mo. 1983).
· cites it 10× “of their handicapped son as required by Section 162.670 et seq. of the Missouri Revised Statutes.”
Carl D. v. Special Sch. Dist. of St. Louis, 21 F. Supp. 2d 1042 (E.D. Mo. 1998).
· cites it 6× “it is hereby declared the policy of the state of Missouri to provide or require public schools to provide to all handicapped or severely handicapped children .”
Mallory v. Drake, 616 S.W.2d 124 (Mo. Ct. App. 1981).
· cites it 4× “, and the implementing Missouri statute Section 162.670, et seq. 1 The federal statute grants funds to the states for assistance in educating the handicapped.”
Neosho R-V Sch. Dist. v. McGee, 979 S.W.2d 537 (Mo. Ct. App. 1998).
· cites it 5× “” This educational requirement has been met in Missouri by Section 162.670 [RSMo 1978 2 ], which declares it to be the policy of this state to provide to all handicapped children “special educational services sufficient to meet the needs and maximize the capabilities of…”
Sherer v. Waier, 457 F. Supp. 1039 (W.D. Mo. 1978).
“” Plaintiffs next invoke this Court’s pendent jurisdiction over two related state claims by asserting that defendants’ actions in denying special catheterization services to Kimber Sherer and in segregating her in a classroom for the orthopaedically handicapped violate her…”
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