210.1050.  Full school day defined — foster child entitled to full school day of education — commissioner of education to be ombudsman. — 1.  For purposes of this section, for pupils in foster care or children placed for treatment in a licensed residential care facility by the department of social services, “full school day” shall mean six hours in which the child is under the guidance and direction of teachers in the educational process.

 2.  Each pupil in foster care or child placed for treatment in a licensed residential care facility by the department of social services shall be entitled to a full school day of education unless the school district determines that fewer hours are warranted.

 3.  The commissioner of education, or his or her designee, shall be an ombudsman to assist the family support team and the school district as they work together to meet the needs of children placed for treatment in a licensed residential care facility by the department of social services.  The ombudsman shall have the final decision over discrepancies regarding school day length.  A full school day of education shall be provided pending the ombudsman’s final decision.

 4.  Nothing in this section shall be construed to infringe upon the rights or due process provisions of the federal Individuals with Disabilities Education Act.  The provisions of the Individuals with Disabilities Education Act shall apply and control in decisions regarding school day.  Nothing in this section shall be construed to deny any child domiciled in Missouri appropriate and necessary free public education services.