Equity & Access — Missouri K-12 Education Reference

Table of Contents

1. McKinney-Vento (Homeless Students)
2. Foster Care Education Protections
3. Migrant Education
4. English Learner Rights
5. Disability Rights (ADA / Section 504 / IDEA)
6. Title IX — Sex Discrimination
7. Racial & Ethnic Equity
8. MTSS / RTI Framework
9. Trauma-Informed Practices
10. Restorative Justice
11. Disproportionality
12. Digital Equity

1. McKinney-Vento (Homeless Students)

McKinney-Vento Homeless Assistance Act (42 U.S.C. §11431-11435)

Definition of Homeless

Children and youth who lack a fixed, regular, and adequate nighttime residence, including:

• Sharing housing due to economic hardship or loss of housing (doubled-up)
• Living in motels, hotels, trailer parks, or campgrounds due to lack of alternative adequate accommodations
• Living in emergency or transitional shelters
• Living in cars, parks, public spaces, abandoned buildings, substandard housing, bus/train stations
• Unaccompanied youth (not in the physical custody of a parent or guardian)
• Migratory children who qualify under any of the above

Student Rights Under McKinney-Vento

District Responsibilities

• Designate a McKinney-Vento Liaison (required)
• Post McKinney-Vento rights information in schools and community locations
• Train staff to identify and refer students experiencing homelessness
• Remove barriers to enrollment and retention
• Coordinate with community agencies (shelters, housing authorities, social services)
• Reserve Title I set-aside for homeless student services
• Dispute resolution process: if a dispute arises about enrollment, the student must be immediately enrolled pending resolution

Unaccompanied Youth

Special protections for youth not in the physical custody of a parent/guardian:

• McKinney-Vento Liaison assists with enrollment
• May self-enroll or be enrolled by a school district staff member
• Liaison helps connect to community resources

2. Foster Care Education Protections

ESSA Foster Care Provisions

Key Rights

Best Interest Determination Factors

• Proximity of foster placement to school of origin
• Student's age and grade
• Student's social and emotional needs
• Student's educational needs (IEP, 504, ELL, advanced coursework)
• Impact of commute on the student
• Student's preference (where age-appropriate)
• Safety considerations
• Timing within the school year

Coordination

Districts must coordinate with the Missouri Children's Division (CD) and the local Foster Care Education Liaison to ensure foster care students receive:

• Comparable services (same access to all programs as other students)
• Full and partial credit transfer protections
• Graduation flexibility (consideration of credits from multiple schools)

3. Migrant Education

Migrant Education Program (Title I, Part C)

Definition

A migratory child is one who has moved within the past 36 months across school district lines to enable the child, parent, or spouse to obtain temporary or seasonal employment in agriculture, dairy, or fishing.

Services

• Supplemental academic instruction (especially in reading and math)
• Support services (health, nutrition, referrals, advocacy)
• Credit accrual and transfer assistance
• Preschool programs
• Summer/intersession programs
• Coordination with other programs (Title I, ELL, special education)

Missouri Migrant Education

Missouri participates in the Migrant Education Program through DESE. Services are concentrated in agricultural regions of the state. The program uses the MSIX (Migrant Student Information Exchange) system to track student records across state lines.

4. English Learner Rights

Federal Protections

District Obligations

1. Identify all potential ELLs through Home Language Survey at enrollment
2. Assess English proficiency using WIDA Screener
3. Provide an effective language instruction educational program
4. Monitor progress using ACCESS for ELLs annually
5. Exit students who demonstrate English proficiency
6. Monitor exited students for 2 years
7. Communicate with parents in a language they understand (to the extent practicable)
8. Do not delay enrollment based on language or immigration status

Parent Notifications (Required)

• Notification of ELL identification and program placement within 30 days of enrollment (or within 2 weeks of identification if mid-year)
• Must be in a language parents understand
• Must include: child's English proficiency level, program description, parent's right to decline services (child still receives FAPE), exit criteria

5. Disability Rights (ADA / Section 504 / IDEA)

Three Laws, Different Scopes

Key Distinctions

• A student may qualify for 504 but NOT IDEA (broader eligibility under 504)
• A student with an IEP is automatically protected under Section 504 and ADA
• 504 provides accommodations; IDEA provides specially designed instruction + related services
• 504 has no additional federal funding; IDEA Part B provides federal funding

Physical Accessibility

• All new school construction must meet ADA Accessibility Standards
• Existing buildings must be accessible to the extent feasible (program access)
• Elevators, ramps, accessible restrooms, signage, assistive listening systems
• Districts must address individual accessibility needs (e.g., student using a wheelchair needs accessible routes, furniture, transportation)

6. Title IX — Sex Discrimination

Title IX of the Education Amendments of 1972 (20 U.S.C. §1681)

Prohibits sex-based discrimination in any education program or activity receiving federal funding.

Coverage

• Admissions and enrollment
• Athletics (equitable opportunities, not identical programs)
• Sexual harassment and sexual violence
• Pregnancy and parenting students (cannot be excluded or penalized)
• STEM and CTE access
• Single-sex classes (limited circumstances with specific requirements)

Title IX Coordinator

Every district must designate a Title IX Coordinator responsible for:

• Receiving and investigating complaints of sex discrimination
• Ensuring compliance with Title IX regulations
• Training staff on Title IX obligations
• Publishing nondiscrimination notices

Grievance Procedures

Districts must have a grievance procedure for Title IX complaints that provides:

• Written notice of allegations
• Fair and impartial investigation
• Opportunity for both parties to present evidence
• Written determination with rationale
• Appeal process

7. Racial & Ethnic Equity

Legal Framework

District Obligations

• Nondiscrimination policies covering race, color, and national origin
• Equitable discipline practices (address disparities in suspension/expulsion rates)
• Equitable access to advanced coursework (AP, IB, gifted, dual credit)
• Equitable resource allocation across schools
• Culturally responsive curriculum and instruction
• Diverse educator recruitment and retention
• Disaggregated data analysis to identify and address disparities

Office for Civil Rights (OCR) Complaints

• Anyone may file a complaint with the U.S. Department of Education's OCR
• Complaints must be filed within 180 days of the alleged discrimination
• OCR investigates and may require corrective action

8. MTSS / RTI Framework

Multi-Tiered System of Supports (MTSS)

MTSS integrates academic instruction, behavioral support, and social-emotional learning into a unified framework:

Three Tiers

Key Components

1. Universal screening — all students, 3× per year (fall, winter, spring)
2. Evidence-based instruction and intervention at every tier
3. Progress monitoring — frequent data collection for students in Tier 2/3
4. Data-based decision making — team reviews data to determine tier movement
5. Fidelity monitoring — ensure interventions are delivered as designed

Relationship to Special Education Referral

• MTSS data can be used as part of the evaluation process for special education eligibility
• Missouri allows (but does not require) RTI data as part of SLD (Specific Learning Disability) identification
• A student's participation in MTSS/RTI does not delay a parent's right to request a special education evaluation at any time

9. Trauma-Informed Practices

Adverse Childhood Experiences (ACEs)

Research (Felitti et al., 1998) links childhood adversity to long-term health and educational outcomes. Common ACEs include: abuse (physical, emotional, sexual), neglect, household dysfunction (substance abuse, mental illness, domestic violence, incarceration, divorce).

Trauma-Informed School Framework

1. Safety — physical and emotional safety for all students and staff
2. Trustworthiness and transparency — clear, consistent expectations and communication
3. Peer support — positive relationships among students and between students and staff
4. Collaboration and mutuality — shared decision-making, leveling power differences
5. Empowerment and choice — student voice, strengths-based approaches
6. Cultural, historical, and gender issues — responsiveness to cultural context and identity

Implementation Strategies

• Staff training on ACEs, trauma impact, and trauma-informed responses
• Screening and referral processes (not ACEs screening of individual students — focus on responsive environments)
• Calming spaces / de-escalation rooms (not punitive isolation)
• Social-emotional learning (SEL) curriculum integration
• Restorative practices (see below)
• Community mental health partnerships
• Staff wellness and secondary trauma support

Missouri Resources

• Missouri Model for Trauma-Informed Schools (DESE + MDHSS partnership)
• Missouri Coalition Against Domestic and Sexual Violence (MCADSV) school-based programs
• Regional professional development through RPDCs

10. Restorative Justice

Overview

Restorative justice in schools shifts the focus from punishment to repair — addressing the harm caused by behavior and restoring relationships.

Core Practices

Evidence Base

Research suggests restorative practices can:

• Reduce suspension and expulsion rates
• Reduce racial disparities in discipline
• Improve school climate and student-teacher relationships
• Increase student sense of belonging
• Develop student social-emotional skills

Missouri Context

Restorative practices are not mandated statewide but are increasingly adopted, particularly in St. Louis and Kansas City metropolitan area districts. DESE supports restorative approaches through professional development and school improvement guidance.

11. Disproportionality

What It Is

Disproportionality occurs when students of a particular racial, ethnic, or demographic group are represented in a program (e.g., special education, gifted, discipline) at rates significantly different from their representation in the overall student population.

Areas of Concern

• Discipline: Black students, students with disabilities, and male students are suspended/expelled at disproportionate rates nationally and in Missouri
• Special education identification: overrepresentation of Black and Native American students in categories such as emotional disturbance and intellectual disability
• Gifted education: underrepresentation of Black, Hispanic, and low-income students
• Advanced coursework: access gaps by race, income, and disability

IDEA Significant Disproportionality

Under IDEA, states must identify districts with significant disproportionality in:

1. Identification for special education (by race/ethnicity and disability category)
2. Placement in more restrictive settings (by race/ethnicity)
3. Disciplinary actions (suspensions/expulsions by race/ethnicity)

Districts identified must use 15% of IDEA Part B funds for Comprehensive Coordinated Early Intervening Services (CCEIS) — preventive services for students not yet identified for special education.

Addressing Disproportionality

• Root cause analysis (examining policies, practices, and implicit biases)
• Universal screening and multi-criteria identification for gifted programs
• Culturally responsive teaching and assessment practices
• Restorative and positive behavioral approaches to discipline
• Regular data review disaggregated by race, disability, gender, and income

12. Digital Equity

Digital Divide in Missouri

• Rural districts face connectivity challenges (limited broadband infrastructure)
• Low-income families may lack devices and internet access at home
• Students with disabilities may need accessible devices and software

Federal and State Efforts

• E-Rate: discounted internet and networking equipment for schools
• FCC Affordable Connectivity Program (ACP): (status may vary — check current availability) subsidized home internet for eligible families
• State broadband initiatives: Missouri has invested in broadband expansion, particularly for rural areas
• District device programs: many Missouri districts provide 1:1 devices (Chromebooks, iPads, laptops), accelerated during COVID-19 pandemic

CIPA Compliance

Districts receiving E-Rate must:

• Filter internet access
• Adopt and enforce an internet safety policy
• Educate students about appropriate online behavior, cyberbullying awareness, and social networking safety

Student Data Privacy

• FERPA applies to all digital student records
• RSMo 161.096 establishes additional state-level student data privacy protections
• District vendor contracts must include data privacy provisions
• Student data may not be used for commercial purposes