Missouri Revised Statutes

Mo. Rev. Stat. § 162.675 (2026)

Definitions

✓ current as of May 2026
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  162.675.  Definitions. — As used in sections 162.670 to 162.995*, unless the context clearly indicates otherwise, the following terms mean:

  (1)  "Children with disabilities" or "handicapped children", children under the age of twenty-one years who have not completed an approved high school program and who, because of mental, physical, emotional or learning problems, require special educational services;

  (2)  "Gifted children", children who exhibit precocious development of mental capacity and learning potential as determined by competent professional evaluation to the extent that continued educational growth and stimulation could best be served by an academic environment beyond that offered through a standard grade-level curriculum;

  (3)  "Severely handicapped children", handicapped children under the age of twenty-one years who meet the eligibility criteria for Missouri schools for the severely disabled, identified in state regulations that implement the Individuals with Disabilities Education Act;

  (4)  "Special educational services", programs designed to meet the needs of children with disabilities or handicapped or severely handicapped children and which include, but are not limited to, the provision of diagnostic and evaluation services, student and parent counseling, itinerant, homebound and referral assistance, organized instructional and therapeutic programs, transportation, and corrective and supporting services.

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(L. 1973 H.B. 474 § 2, A.L. 1974 S.B. 571, A.L. 1977 H.B. 130, A.L. 2002 H.B. 2023, A.L. 2005 S.B. 287, A.L. 2007 S.B. 112, A.L. 2008 H.B. 1807)

*Section 162.995 was repealed by H.B. 258, 2005.

CROSS REFERENCE:

Surrogate parent, definitions for handicapped and severely handicapped, 162.997

Notes of Decisions
Cited in 8 cases, 1981–2007 · leading case: St. Louis Developmental Disabilities Treatment Ctr. Parents Ass'n v. Mallory, 591 F. Supp. 1416 (W.D. Mo. 1984).
St. Louis Developmental Disabilities Treatment Ctr. Parents Ass'n v. Mallory, 591 F. Supp. 1416 (W.D. Mo. 1984). · cites it 28× “The ■ Court does not need to reach that question, however, since it finds that the classification contained in Section 162.675 satisfies the most stringent level of review, strict scrutiny.”
Yaris v. Special Sch. Dist. of St. Louis Cnty., 558 F. Supp. 545 (E.D. Mo. 1983). · cites it 2× “Other than those children served by the Divisions of Youth Services and Corrections as a result of their incarceration, handicapped children provided educational services directly by the State of Missouri have been classified as "severely handicapped" pursuant to Mo.Rev.Stat. §…”
Lagares v. Camdenton R-III Sch. Dist., 68 S.W.3d 518 (Mo. Ct. App. 2001). · cites it 4× “675(2) defines “handicapped children” as children under twenty-one years old “who have not completed an approved high school program and who, because of mental, physical, emotional or learning problems, require special educational services in order to develop to their maximum…”
Hunt v. Bartman, 873 F. Supp. 229 (W.D. Mo. 1994). · cites it 4× “§ 162.675(3) (Vernon 1991); see also Tr. at 9 (Cossey testimony); 3 Tr.”
Mallory v. Drake, 616 S.W.2d 124 (Mo. Ct. App. 1981). · cites it 2× “With respect to the alleged conflict of the decision with the statutory definition, Section 162.675(3) defines “Severely handicapped children” as being children under 21 years who “because of the extent of the handicapping condition or conditions .”
Cothern v. Mallory, 565 F. Supp. 701 (W.D. Mo. 1983). · cites it 2× “He is considered “severely handicapped” by the State of Missouri, in accordance with Section 162.675(3) of the Revised Statutes of Missouri.”
Missouri Dep't of Elementary & Secondary Educ. v. Springfield R-12 Sch. Dist., 358 F.3d 992 (8th Cir. 2004). · cites it 2× “After a five-day due-process hearing, a three-member panel determined the following pertinent matters: (1) MSB could not provide a free appropriate public education to Katherine, and Perkins was the appropriate placement for her; (2) Katherine is a “severely handicapped child”…”
O'DELL v. Special Sch. Dist. of St. Louis Cnty., 503 F. Supp. 2d 1206 (E.D. Mo. 2007). · cites it 2× “[3] Under Missouri's Special Educational Services Act, "special educational services" are defined as programs designed to meet the needs of handicapped or severely handicapped children and which include, but are not limited to, the provision of diagnostic and evaluation…”
— Mo. Rev. Stat. § 162.675(2) — 2 cases
St. Louis Developmental Disabilities Treatment Ctr. Parents Ass'n v. Mallory, 591 F. Supp. 1416 (W.D. Mo. 1984). “The ■ Court does not need to reach that question, however, since it finds that the classification contained in Section 162.675 satisfies the most stringent level of review, strict scrutiny.”
Lagares v. Camdenton R-III Sch. Dist., 68 S.W.3d 518 (Mo. Ct. App. 2001). “675(2) defines “handicapped children” as children under twenty-one years old “who have not completed an approved high school program and who, because of mental, physical, emotional or learning problems, require special educational services in order to develop to their maximum…”
— Mo. Rev. Stat. § 162.675(3) — 6 cases
St. Louis Developmental Disabilities Treatment Ctr. Parents Ass'n v. Mallory, 591 F. Supp. 1416 (W.D. Mo. 1984). “The ■ Court does not need to reach that question, however, since it finds that the classification contained in Section 162.675 satisfies the most stringent level of review, strict scrutiny.”
Yaris v. Special Sch. Dist. of St. Louis Cnty., 558 F. Supp. 545 (E.D. Mo. 1983). “Other than those children served by the Divisions of Youth Services and Corrections as a result of their incarceration, handicapped children provided educational services directly by the State of Missouri have been classified as "severely handicapped" pursuant to Mo.Rev.Stat. §…”
Hunt v. Bartman, 873 F. Supp. 229 (W.D. Mo. 1994). “§ 162.675(3) (Vernon 1991); see also Tr. at 9 (Cossey testimony); 3 Tr.”
Mallory v. Drake, 616 S.W.2d 124 (Mo. Ct. App. 1981). “With respect to the alleged conflict of the decision with the statutory definition, Section 162.675(3) defines “Severely handicapped children” as being children under 21 years who “because of the extent of the handicapping condition or conditions .”
Cothern v. Mallory, 565 F. Supp. 701 (W.D. Mo. 1983). “He is considered “severely handicapped” by the State of Missouri, in accordance with Section 162.675(3) of the Revised Statutes of Missouri.”
— Mo. Rev. Stat. § 162.675(4) — 2 cases
Lagares v. Camdenton R-III Sch. Dist., 68 S.W.3d 518 (Mo. Ct. App. 2001). “675(2) defines “handicapped children” as children under twenty-one years old “who have not completed an approved high school program and who, because of mental, physical, emotional or learning problems, require special educational services in order to develop to their maximum…”
O'DELL v. Special Sch. Dist. of St. Louis Cnty., 503 F. Supp. 2d 1206 (E.D. Mo. 2007). “[3] Under Missouri's Special Educational Services Act, "special educational services" are defined as programs designed to meet the needs of handicapped or severely handicapped children and which include, but are not limited to, the provision of diagnostic and evaluation…”
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