160.900. Participation--lead agency designation--rulemaking authority. - Missouri Statutes

Participation--lead agency designation--rulemaking authority.

160.900. 1. The state of Missouri shall participate in the federalInfant and Toddler Program, Part C of the Individuals with DisabilitiesEducation Act (IDEA), 20 U.S.C. Section 1431, et seq., and provide earlyintervention services to infants and toddlers determined eligible understate regulations.

2. The state agency designated by the governor as the lead agencyshall be responsible for the administration and implementation of Part C ofIDEA through a regional Part C early intervention system and shallpromulgate rules implementing the requirements of Part C of IDEA consistentwith federal regulations, 34 C.F.R. 303, et seq.

3. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in sections160.900 to 160.925 shall become effective only if it complies with and issubject to all of the provisions of chapter 536, RSMo, and, if applicable,section 536.028, RSMo. Sections 160.900 to 160.925 and chapter 536, RSMo,are nonseverable and if any of the powers vested with the general assemblypursuant to chapter 536, RSMo, to review, to delay the effective date, orto disapprove and annul a rule are subsequently held unconstitutional, thenthe grant of rulemaking authority and any rule proposed or adopted afterJuly 1, 2005, shall be invalid and void.

4. Notwithstanding the provisions of section 23.253, RSMo, to thecontrary, the provisions of this section shall not sunset.

(L. 2005 S.B. 500, A.L. 2007 S.B. 112)