Missouri 2024 2024 Regular Session

Missouri House Bill HB2287 Substitute / Bill

Filed 04/17/2024

                    3622S.05F 
 1 
SENATE SUBSTITUTE 
FOR 
HOUSE BILL NO. 2287 
AN ACT 
To repeal sections 135.713, 161.670, 168.021, and 
571.010, RSMo, and to enact in lieu thereof seven new 
sections relating to elementary and secondary 
education. 
 
Be it enacted by the General Assembly of the State of Missouri, as follows: 
     Section A. Sections 135.713, 161.670, 168.021, and 1 
571.010, RSMo, are repealed and seven new sections enacted in 2 
lieu thereof, to be known as sections 135.713, 161.670, 167.012, 3 
167.013, 168.021, 571.010, and 1, to read as follows:4 
     135.713.  1.  Any taxpayer who makes a qualifying 1 
contribution to an educational assistance organization after 2 
August 28, 2021, may claim a credit against the tax 3 
otherwise due under chapter 143, other than taxes withheld 4 
under sections 143.191 to 143.265, and cha pter 153 in an  5 
amount equal to one hundred percent of the amount the 6 
taxpayer contributed during the tax year for which the 7 
credit is claimed.  No taxpayer shall claim a credit [under]  8 
pursuant to sections 135.712 to 135.719 for any contribution 9 
made by the taxpayer, or an agent of the taxpayer, on behalf 10 
of the taxpayer's dependent or, in the case of a business 11 
taxpayer, on behalf of the business's agent's dependent. 12 
     2.  The amount of the tax credit claimed shall not 13 
exceed fifty percent of th e taxpayer's state tax liability 14 
for the tax year for which the credit is claimed.  The state  15 
treasurer shall certify the tax credit amount to the 16 
taxpayer.  A taxpayer may carry the credit forward to any of 17 
[such taxpayer's] his or her four subsequent tax years.  All  18 
tax credits authorized [under] pursuant to the program shall  19   
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not be transferred, sold, or assigned, and are not 20 
refundable. 21 
     3.  The cumulative amount of tax credits that may be 22 
allocated to all taxpayers contributing to educationa l  23 
assistance organizations in any one calendar year shall not 24 
exceed fifty million dollars, which amount shall be annually 25 
adjusted by the state treasurer for inflation based on the 26 
Consumer  Price Index for All Urban Consumers for the 27 
Midwest region, as defined and officially recorded by the 28 
United States Department of Labor or its successor, such 29 
annual increase will cease when the amount of tax credits 30 
reach seventy-five million dollars.  The state treasurer 31 
shall establish a procedure by which, from the beginning of 32 
the calendar year until August first, the cumulative amount 33 
of tax credits shall be allocated on a first -come, first- 34 
served basis among all educational assistance 35 
organizations.  If an educational assistance organization 36 
fails to use all, or some percentage to be determined by the 37 
state treasurer, of its allocated tax credits during this 38 
period, the state treasurer may reallocate these unused tax 39 
credits to those educational assistance organizations that 40 
have used all, or som e percentage to be determined by the 41 
state treasurer, of their allocated tax credits during this 42 
period.  The state treasurer may establish more than one 43 
period and reallocate more than once during each calendar 44 
year.  The state treasurer shall establi sh the procedure  45 
described in this subsection in such a manner as to ensure 46 
that taxpayers can claim all the tax credits possible up to 47 
the cumulative amount of tax credits available for the 48 
calendar year. 49 
     4.  A taxpayer who makes a contribution t o an education  50 
assistance organization shall not designate the student who 51 
will receive a scholarship grant. 52   
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     5.  The provisions of sections 135.712 to 135.719 and 53 
sections 166.700 to 166.720 shall be effective in any fiscal 54 
year immediately [subsequent to] after any fiscal year in 55 
which the amount appropriated for pupil transportation 56 
[under] pursuant to section 163.161 equals or exceeds forty 57 
percent of the projected amount necessary to fully fund 58 
transportation aid funding for fiscal year 202 1.  If the  59 
amount appropriated for transportation [under] pursuant to  60 
section 163.161 in any succeeding year falls below such 61 
amount, no additional scholarships for newly qualified 62 
students shall be awarded. 63 
     161.670.  1.  Notwithstanding any other law, prior to 1 
July 1, 2007, the state board of education shall establish 2 
the "Missouri Course Access and Virtual School Program" to 3 
serve school-age students residing in the state.  The  4 
Missouri course access and virtual school program shall  5 
offer nonclassroom-based instruction in a virtual setting 6 
using technology, intranet, or internet methods of 7 
communication.  Any student under the age of twenty -one in  8 
grades kindergarten through twelve who resides in this state 9 
shall be eligible to enroll in the Missouri course access 10 
and virtual school program pursuant to subsection 3 of this 11 
section. 12 
     2.  (1)  For purposes of calculation and distribution 13 
of state school aid, students enrolled in the Missouri 14 
course access and virtual school program shall be included 15 
in the student enrollment of the school district in which 16 
the student is enrolled under the relevant provisions of  17 
subsection 3 of this section [; provided that any such ] for  18 
such enrollment.  Student attendance for full -time virtual  19 
program students shall only be included in any district 20 
pupil attendance calculation under chapter 163 [and any  21 
charter school pupil attendance calculation under section 22   
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160.415,] using current-year pupil attendance for such full - 23 
time virtual program pupils [; and further provided that ].   24 
For the purpose of calculating average daily attendance in 25 
full time virtual programs under this section, average daily 26 
attendance shall be defined as the quotient or the sum of 27 
the quotients obtained by dividing the total number of hours 28 
attended in a term by enrolled pupils between the ages of 29 
five and twenty-one by the actual number of hours that the 30 
program was in session in that term, and the provisions of 31 
section 162.1250 shall not apply to s uch funding  32 
calculation.  Such calculation shall be generated by the 33 
virtual provider and provided to the host district for 34 
submission to the department of elementary and secondary 35 
education.  Such students may complete their instructional 36 
activities, as defined in subsection 4 of this section, 37 
during any hour of the day and during any day of the week. 38 
The hours attended for each enrolled pupil shall be 39 
documented by the pupil's weekly progress in the educational 40 
program according to a process dete rmined by the virtual 41 
program and published annually in the virtual program's 42 
enrollment handbook or policy.  To the average daily 43 
attendance of the following school term shall be added the 44 
full-time equivalent average daily attendance of summer 45 
school students.  In the case of a host school district 46 
enrolling one or more full -time virtual school students, 47 
such enrolling district shall , as part of its monthly state 48 
allocation, receive no less under the state aid calculation 49 
for such students than a n amount equal to the state adequacy 50 
target multiplied by the weighted average daily attendance 51 
of such full-time students.  Students residing in Missouri 52 
and enrolled in a full -time virtual school program operated 53 
by a public institution of higher edu cation in this state 54 
shall be counted for a state aid calculation by the 55   
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department, and the department shall pay, from funds 56 
dedicated to state school aid payments made under section 57 
163.031, to such institution an amount equal to the state 58 
adequacy target multiplied by the weighted average daily 59 
attendance of such full -time students. 60 
     (2)  The Missouri course access and virtual school 61 
program shall report to the district of residence the 62 
following information about each student served by the 63 
Missouri course access and virtual school program:  name,  64 
address, eligibility for free or reduced -price lunch,  65 
limited English proficiency status, special education needs, 66 
and the number of courses in which the student is enrolled.   67 
The Missouri course access and virtual school program shall 68 
promptly notify the resident district when a student 69 
discontinues enrollment.  A "full-time equivalent student" 70 
is a student who is enrolled in the instructional equivalent 71 
of six credits per regular term.  Each Missouri course  72 
access and virtual school program course shall count as one 73 
class and shall generate that portion of a full -time  74 
equivalent that a comparable course offered by the school 75 
district would generate. 76 
     (3)  Pursuant to an education ser vices plan and  77 
collaborative agreement under subsection 3 of this section, 78 
full-time equivalent students may be allowed to use a 79 
physical location of the resident school district for all or 80 
some portion of ongoing instructional activity, and the 81 
enrollment plan shall provide for reimbursement of costs of 82 
the resident district for providing such access pursuant to 83 
rules promulgated under this section by the department. 84 
     (4)  In no case shall more than the full -time  85 
equivalency of a regular term o f attendance for a single 86 
student be used to claim state aid.  Full-time equivalent  87 
student credit completed shall be reported to the department 88   
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of elementary and secondary education in the manner 89 
prescribed by the department.  Nothing in this section shall  90 
prohibit students from enrolling in additional courses under 91 
a separate agreement that includes terms for paying tuition 92 
or course fees. 93 
     (5)  A full-time virtual school program serving full - 94 
time equivalent students shall be considered an att endance  95 
center in the host school district and shall participate in 96 
the statewide assessment system as defined in section 97 
160.518.  The academic performance of students enrolled in a 98 
full-time virtual school program shall be assigned to the 99 
designated attendance center of the full -time virtual school 100 
program and shall be considered in like manner to other 101 
attendance centers.  The academic performance of any student 102 
who disenrolls from a full -time virtual school program and 103 
enrolls in a public schoo l or charter school shall not be 104 
used in determining the annual performance report score of 105 
the attendance center or school district in which the 106 
student enrolls for twelve months from the date of 107 
enrollment. 108 
     (6)  For the purposes of this section, a public  109 
institution of higher education operating a full -time  110 
virtual school program shall be subject to all requirements 111 
applicable to a host school district with respect to its 112 
full-time equivalent students. 113 
     3.  (1)  A student who resides in t his state may enroll 114 
in Missouri course access and virtual school program courses 115 
of his or her choice as a part of the student's annual 116 
course load each school year, with any costs associated with 117 
such course or courses to be paid by the school distri ct or  118 
charter school if: 119 
     (a)  The student is enrolled full -time in a public  120 
school, including any charter school; and 121   
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     (b)  Prior to enrolling in any Missouri course access 122 
and virtual school program course, a student has received 123 
approval from his or her school district or charter school 124 
through the procedure described under subdivision (2) of 125 
this subsection. 126 
     (2)  Each school district or charter school shall adopt 127 
a policy that delineates the process by which a student may 128 
enroll in courses provided by the Missouri course access and 129 
virtual school program that is substantially similar to the 130 
typical process by which a district student would enroll in 131 
courses offered by the school district and a charter school 132 
student would enroll in courses offered by the charter 133 
school.  The policy may include consultation with the 134 
school's counselor and may include parental notification or 135 
authorization.  The policy shall ensure that available 136 
opportunities for in -person instruction are consi dered prior  137 
to moving a student to virtual courses.  The policy shall  138 
allow for continuous enrollment throughout the school year.   139 
If the school district or charter school disapproves a 140 
student's request to enroll in a course or courses provided 141 
by the Missouri course access and virtual school program,   142 
the reason shall be provided in writing and it shall be for 143 
good cause.  Good cause justification to disapprove a 144 
student's request for enrollment in a course shall be a 145 
determination that doing so is not in the best educational 146 
interest of the student, and shall be consistent with the 147 
determination that would be made for such course request 148 
under the process by which a district student would enroll 149 
in a similar course offered by the school distr ict and a  150 
charter school student would enroll in a similar course 151 
offered by the charter school, except that the determination 152 
may consider the suitability of virtual courses for the 153 
student based on prior participation in virtual courses by 154   
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the student.  Appeals of any course denials under this 155 
subsection shall be considered under a policy that is 156 
substantially similar to the typical process by which 157 
appeals would be considered for a student seeking to enroll 158 
in courses offered by the school distr ict and a charter  159 
school student seeking to enroll in courses offered by the 160 
charter school. 161 
     (3)  For students enrolled in any Missouri course 162 
access and virtual school program course in which costs 163 
associated with such course are to be paid by th e school  164 
district or charter school as described under this 165 
subdivision, the school district or charter school shall pay 166 
the content provider directly on a pro rata monthly basis 167 
based on a student's completion of assignments and 168 
assessments.  If a student discontinues enrollment, the 169 
district or charter school may stop making monthly payments 170 
to the content provider.  No school district or charter 171 
school shall pay, for any one course for a student, more 172 
than the market necessary costs but in no ca se shall pay  173 
more than fourteen percent of the state adequacy target, as 174 
defined under section 163.011, as calculated at the end of 175 
the most recent school year for any single, year -long course  176 
and no more than seven percent of the state adequacy target  177 
as described above for any single semester equivalent course. 178 
     (4)  [For students enrolling in a full -time virtual  179 
program, the department of elementary and secondary 180 
education shall adopt a policy that delineates the process 181 
by which] (a)  A student who lives in this state may enroll 182 
in a virtual program of their choice as provided in this 183 
subdivision, and the provisions of subdivisions 1 to 3 of 184 
this subsection shall not apply to such enrollment in a full - 185 
time virtual program .  Each host school district operating a 186 
full-time virtual program under this section shall adopt,  187   
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operate and implement [the state] an enrollment policy[,  188 
subject to] as specified by the provisions of this 189 
subdivision.  [The policy shall: 190 
     (a)  Require the good faith collaboration of ] The  191 
student, the student's parent or guardian if the student is 192 
not considered homeless, the virtual program, the host 193 
district, and the resident district [;] shall collaborate in 194 
good faith to implement the enrollment policy regar ding the  195 
student's enrollment, and the resident school district and 196 
the host school district may mutually agree that the 197 
resident district shall offer or continue to offer services 198 
for the student under an agreement that includes financial 199 
terms for reimbursement by the host school district for the 200 
necessary costs of the resident school district providing 201 
such services.  An enrollment policy specified under this 202 
subsection shall: 203 
     a.  Require a student's parent or guardian, if the 204 
student is not considered homeless, to apply for enrollment 205 
in a full-time virtual program directly with the virtual 206 
program; 207 
     [(b)] b.  Specify timelines for timely participation by 208 
the virtual program, the host district, and resident 209 
district; provided that t he resident district shall provide 210 
any relevant information and input on the enrollment within 211 
ten business days of notice from the virtual program of the 212 
enrollment application; 213 
     [(c)] c.  Include a survey of the reasons for the 214 
student's and parent's interests in participating in the 215 
virtual program; 216 
     [(d)] d.  Include consideration of available 217 
opportunities for in -person instruction prior to enrolling a 218 
student in a virtual program; 219   
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     [(e)] e.  Evaluate requests for enrollment based on  220 
meeting the needs for a student to be successful considering 221 
all relevant factors; 222 
     [(f)] f.  Ensure that, for any enrolling student with a  223 
covered disability, an individualized education [services  224 
plan and collaborative agreement is ] program and a related  225 
services agreement, in cases where such agreement is needed, 226 
are created to provide all services required to ensure a 227 
free and appropriate public education, including financial 228 
terms for reimbursement by the host district for the 229 
necessary costs of any virtual program, school district, or 230 
public or private entity providing all or a portion of such 231 
services; 232 
     [(g)] g.  Require the virtual program to determine 233 
whether an enrolling student will be admitted, based on the 234 
enrollment policy, in consideration of all relevant factors 235 
and provide the basis for its determination and any service 236 
plan for the student, in writing, to the student, the 237 
student's parent or guardian, the host district, and the 238 
resident district; and 239 
     [(h)] h.  Provide a process for reviewing appeals of 240 
decisions made under this subdivision [; and]. 241 
     [(i)  Require] (b)  The department [to] shall publish  242 
an annual report based on the enrollments and enrollment 243 
surveys conducted under this subdivision that pr ovides data  244 
at the statewide and district levels of sufficient detail to 245 
allow analysis of trends regarding the reasons for 246 
participation in the virtual program at the statewide and 247 
district levels; provided that no such survey results will 248 
be published in a manner that reveals individual student 249 
information.  The department shall also include, in the 250 
annual report, data at the statewide and district levels of 251 
sufficient detail to allow detection and analysis of the 252   
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racial, ethnic, and socio -economic balance of virtual 253 
program participation among schools and districts at the 254 
statewide and district levels, provided that no such survey 255 
results will be published in a manner that reveals 256 
individual student information. 257 
     (5)  In the case of a stu dent who is a candidate for A+ 258 
tuition reimbursement and taking a virtual course under this 259 
section, the school shall attribute no less than ninety -five  260 
percent attendance to any such student who has completed 261 
such virtual course. 262 
     (6)  The Missouri course access and virtual school 263 
program shall ensure that individual learning plans designed 264 
by certified teachers and professional staff are developed 265 
for all students enrolled in more than two full -time course  266 
access program courses or a full -time virtual school. 267 
     (7)  Virtual school programs shall monitor individual 268 
student success and engagement of students enrolled in their 269 
program[,] and, for students enrolled in virtual courses on 270 
a part-time basis, the virtual school program shall provide  271 
regular student progress reports for each student at least 272 
four times per school year to the school district or charter 273 
school, provide the host school district and the resident 274 
school district ongoing access to academic and other 275 
relevant information on student success and engagement, and 276 
shall terminate or alter the course offering if it is found 277 
the course [or full-time virtual school] is not meeting the 278 
educational needs of the students enrolled in the course. 279 
     (8)  The department of ele mentary and secondary 280 
education shall monitor the aggregate performance of 281 
providers and make such information available to the public 282 
under subsection 11 of this section. 283 
     (9)  Pursuant to rules to be promulgated by the 284 
department of elementary an d secondary education, when a 285   
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student transfers into a school district or charter school, 286 
credits previously gained through successful passage of 287 
approved courses under the Missouri course access and 288 
virtual school program shall be accepted by the scho ol  289 
district or charter school. 290 
     (10)  Pursuant to rules to be promulgated by the 291 
department of elementary and secondary education, if a 292 
student transfers into a school district or charter school 293 
while enrolled in a Missouri course access and virtua l  294 
school program course or full -time virtual school, the 295 
student shall continue to be enrolled in such course or 296 
school. 297 
     (11)  Nothing in this section shall prohibit home 298 
school students, private school students, or students 299 
wishing to take addit ional courses beyond their regular 300 
course load from enrolling in Missouri course access and 301 
virtual school program courses under an agreement that 302 
includes terms for paying tuition or course fees. 303 
     (12)  Nothing in this subsection shall require any 304 
school district, charter school, virtual program, or the 305 
state to provide computers, equipment, or internet access to 306 
any student unless required under the education services 307 
plan created for an eligible student under subdivision (4) 308 
of this subsection or for an eligible student with a 309 
disability to comply with federal law.  An education  310 
services plan may require an eligible student to have access 311 
to school facilities of the resident school district during 312 
regular school hours for participation and instructional  313 
activities of a virtual program under this section, and the 314 
education services plan shall provide for reimbursement of 315 
the resident school district for such access pursuant to 316 
rules adopted by the department under this section. 317   
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     (13)  The authorization process shall provide for 318 
continuous monitoring of approved providers and courses.   319 
The department shall revoke or suspend or take other 320 
corrective action regarding the authorization of any course 321 
or provider no longer meeting the r equirements of the 322 
program.  Unless immediate action is necessary, prior to 323 
revocation or suspension, the department shall notify the 324 
provider and give the provider a reasonable time period to 325 
take corrective action to avoid revocation or suspension.   326 
The process shall provide for periodic renewal of 327 
authorization no less frequently than once every three years. 328 
     (14)  Courses approved as of August 28, 2018, by the 329 
department to participate in the Missouri virtual 330 
instruction program shall be aut omatically approved to 331 
participate in the Missouri course access and virtual school 332 
program, but shall be subject to periodic renewal. 333 
     (15)  Any online course or virtual program offered by a 334 
school district or charter school, including those offere d  335 
prior to August 28, 2018, which meets the requirements of 336 
section 162.1250 shall be automatically approved to 337 
participate in the Missouri course access and virtual school 338 
program.  Such course or program shall be subject to 339 
periodic renewal.  A school district or charter school 340 
offering such a course or virtual school program shall be 341 
deemed an approved provider. 342 
     (16)  A host district may contract with a provider to 343 
perform any required services involved with delivering a 344 
full-time virtual education. 345 
     4.  (1)  As used in this subsection, the term 346 
"instructional activities" means classroom -based or  347 
nonclassroom-based activities that a student shall be 348 
expected to complete, participate in, or attend during any 349 
given school day, such as: 350   
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     (a)  Online logins to curricula or programs; 351 
     (b)  Offline activities; 352 
     (c)  Completed assignments within a particular program, 353 
curriculum, or class; 354 
     (d)  Testing; 355 
     (e)  Face-to-face communications or meetings with 356 
school staff; 357 
    (f)  Telephone or video conferences with school staff; 358 
     (g)  School-sanctioned field trips; or 359 
     (h)  Orientation. 360 
     (2)  A full-time virtual school shall submit a 361 
notification to the parent or guardian of any student who is 362 
not consistently engaged in instructional activities and  363 
shall provide regular student progress reports for each 364 
student at least four times per school year . 365 
     (3)  Each full-time virtual school shall develop, 366 
adopt, and post on the school's website a policy setting  367 
forth the consequences for a student who fails to complete 368 
the required instructional activities.  Such policy shall  369 
state, at a minimum, that if a student fails to complete the 370 
instructional activities after receiving a notification 371 
under subdivision (2) of this subsection, and after 372 
reasonable intervention strategies have been implemented, 373 
that the student shall be subject to certain consequences 374 
which may include disenrollment from the school.  Prior to  375 
any disenrollment, the parent or guardian shall have the  376 
opportunity to present any information that the parent deems 377 
relevant, and such information shall be considered prior to 378 
any final decision. 379 
     (4)  If a full-time virtual school disenrolls a student 380 
under subdivision (3) of this subs ection, the school shall 381 
immediately provide written notification to such student's 382 
school district of residence.  The student's school district 383   
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of residence shall then provide to the parents or guardian 384 
of the student a written list of available educa tional  385 
options and promptly enroll the student in the selected 386 
option.  Any student disenrolled from a full -time virtual  387 
school shall be prohibited from reenrolling in the same 388 
virtual school for the remainder of the school year. 389 
     5.  School districts or charter schools shall inform 390 
parents of their child's right to participate in the 391 
program.  Availability of the program shall be made clear in 392 
the parent handbook, registration documents, and featured on 393 
the home page of the school district or c harter school's  394 
website. 395 
     6.  The department shall: 396 
     (1)  Establish an authorization process for course or 397 
full-time virtual school providers that includes multiple 398 
opportunities for submission each year; 399 
     (2)  Pursuant to the time line esta blished by the  400 
department, authorize course or full -time virtual school 401 
providers that: 402 
     (a)  Submit all necessary information pursuant to the 403 
requirements of the process; and 404 
     (b)  Meet the criteria described in subdivision (3) of 405 
this subsection; 406 
     (3)  Review, pursuant to the authorization process, 407 
proposals from providers to provide a comprehensive, full - 408 
time equivalent course of study for students through the 409 
Missouri course access and virtual school program.  The  410 
department shall ensure that these comprehensive courses of 411 
study align to state academic standards and that there is 412 
consistency and compatibility in the curriculum used by all 413 
providers from one grade level to the next grade level; 414   
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     (4)  Within thirty days of any de nial, provide a  415 
written explanation to any course or full -time virtual  416 
school providers that are denied authorization; 417 
     (5)  Allow a course or full -time virtual school 418 
provider denied authorization to reapply at any point in the 419 
future. 420 
     7.  The department shall publish the process 421 
established under this section, including any deadlines and 422 
any guidelines applicable to the submission and 423 
authorization process for course or full -time virtual school 424 
providers on its website. 425 
     8.  If the department determines that there are 426 
insufficient funds available for evaluating and authorizing 427 
course or full-time virtual school providers, the department 428 
may charge applicant course or full -time virtual school 429 
providers a fee up to, but no greater th an, the amount of  430 
the costs in order to ensure that evaluation occurs.  The  431 
department shall establish and publish a fee schedule for 432 
purposes of this subsection. 433 
     9.  Except as specified in this section and as may be 434 
specified by rule of the state board of education, the 435 
Missouri course access and virtual school program shall 436 
comply with all state laws and regulations applicable to 437 
school districts, including but not limited to the Missouri 438 
school improvement program (MSIP), annual performance report  439 
(APR), teacher certification, curriculum standards, audit 440 
requirements under chapter 165, access to public records 441 
under chapter 610, and school accountability report cards 442 
under section 160.522.  Teachers and administrators employed 443 
by a virtual provider shall be considered to be employed in 444 
a public school for all certification purposes under chapter 445 
168. 446   
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     10.  The department shall submit and publicly publish 447 
an annual report on the Missouri course access and virtual 448 
school program and the participation of entities to the 449 
governor, the chair and ranking member of the senate 450 
education committee, and the chair and ranking member of the 451 
house of representatives elementary and secondary education 452 
committee.  The report shall at a minimu m include the  453 
following information: 454 
     (1)  The annual number of unique students participating 455 
in courses authorized under this section and the total 456 
number of courses in which students are enrolled in; 457 
     (2)  The number of authorized providers; 458 
    (3)  The number of authorized courses and the number of 459 
students enrolled in each course; 460 
     (4)  The number of courses available by subject and 461 
grade level; 462 
     (5)  The number of students enrolled in courses broken 463 
down by subject and grade lev el; 464 
     (6)  Student outcome data, including completion rates, 465 
student learning gains, student performance on state or 466 
nationally accepted assessments, by subject and grade level 467 
per provider.  This outcome data shall be published in a 468 
manner that protects student privacy; 469 
     (7)  The costs per course; 470 
     (8)  Evaluation of in-school course availability 471 
compared to course access availability to ensure gaps in 472 
course access are being addressed statewide. 473 
     11.  (1)  The department shall be resp onsible for  474 
creating the Missouri course access and virtual school 475 
program catalog providing a listing of all courses 476 
authorized and available to students in the state, detailed 477 
information, including costs per course, about the courses 478   
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to inform student enrollment decisions, and the ability for 479 
students to submit their course enrollments. 480 
     (2)  On or before January 1, 2023, the department shall 481 
publish on its website, and distribute to all school 482 
districts and charter schools in this state, a g uidance  483 
document that details the options for virtual course access 484 
and full-time virtual course access for all students in the 485 
state.  The guidance document shall include a complete and 486 
readily understood description of the applicable enrollment 487 
processes including the opportunity for students to enroll 488 
and the roles and responsibilities of the student, parent, 489 
virtual provider, school district or districts, and charter 490 
schools, as appropriate.  The guidance document shall be 491 
distributed in writte n and electronic form to all school 492 
districts, charter schools, and virtual providers.  School  493 
districts and charter schools shall provide a copy of the 494 
guidance document to every pupil and parent or legal 495 
guardian of every pupil enrolled in the distri ct or charter  496 
school at the beginning of each school year and upon 497 
enrollment for every pupil enrolling at a different time of 498 
the school year.  School districts and charter schools shall 499 
provide a readily viewable link to the electronic version of 500 
the guidance document on the main page of the district's or 501 
charter school's website. 502 
     12.  The state board of education through the 503 
rulemaking process and the department of elementary and 504 
secondary education in its policies and procedures shall 505 
ensure that multiple content providers and learning 506 
management systems are allowed, ensure digital content 507 
conforms to accessibility requirements, provide an easily 508 
accessible link for providers to submit courses or full -time  509 
virtual schools on the Missour i course access and virtual 510 
school program website, and allow any person, organization, 511   
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or entity to submit courses or full -time virtual schools for 512 
approval.  No content provider shall be allowed that is 513 
unwilling to accept payments in the amount and manner as  514 
described under subdivision (3) of subsection 3 of this 515 
section or does not meet performance or quality standards 516 
adopted by the state board of education. 517 
     13.  Any rule or portion of a rule, as that term is 518 
defined in section 536.010, th at is created under the 519 
authority delegated in this section shall become effective 520 
only if it complies with and is subject to all of the 521 
provisions of chapter 536 and, if applicable, section 522 
536.028.  This section and chapter 536 are nonseverable and 523 
if any of the powers vested with the general assembly 524 
pursuant to chapter 536 to review, to delay the effective 525 
date, or to disapprove and annul a rule are subsequently 526 
held unconstitutional, then the grant of rulemaking 527 
authority and any rule proposed or adopted after August 28, 528 
2006, shall be invalid and void. 529 
     167.012.  1.  For purposes of state law regarding this 1 
section and sections 161.670, 162.996, 167.013, 167.031, 2 
167.042, 167.061, 167.600, 167.619, 210.167, 210.211, 3 
211.031, and 452.375, a "home school" is a school, whether 4 
incorporated or unincorporated, that: 5 
     (1)  Has as its primary purpose the provision of 6 
private or religious -based instruction; 7 
     (2)  Enrolls children between the ages of seven years 8 
and the compulsory attendance age for the school district in 9 
which the home school is located, of which no more than four 10 
are unrelated by affinity or consanguinity in the third 11 
degree; 12 
     (3)  Does not charge or receive consideration in the 13 
form of tuition, fees, or other remuneration in a genuine 14 
and fair exchange for provision of instruction; 15   
 20 
     (4)  Does not enroll children who participate in the 16 
program established in sections 135.712 to 135.719 and 17 
sections 166.700 to 166.720; and 18 
     (5)  Is not an FPE school. 19 
     2.  Except as otherwise provided in this subsection, as 20 
evidence that a child is receiving regular instruction, the 21 
child's parent, guardian, or other person having control or 22 
custody of the child shall: 23 
     (1)  Maintain the following records: 24 
     (a)  a.  A plan book, diary, or other written record 25 
indicating subjects taught and activities engaged in; 26 
     b.  A portfolio of samples of the child's academic 27 
work; and 28 
     c.  A record of evaluations of the child's academic 29 
progress; or 30 
     (b)  Other written or credible evidence equivalent to 31 
subparagraphs a. to c. of paragraph (a) of this subdivision; 32 
and 33 
     (2)  Offer at least one thousand hours of instruction, 34 
at least six hundred hours of which shall be in reading, 35 
language arts, mathematics, social studies, science, or 36 
academic courses that are related to such subject areas and 37 
consonant with the child's age and ability.  At least four  38 
hundred of the six hundred hours shall occur at the regular 39 
home school location; 40 
     (3)  The requirements of this subsection shall not 41 
apply to any pupil sixteen years of age or older. 42 
     3.  The production of a daily log by a parent, 43 
guardian, or other person having control or custody of a 44 
child showing that a home school h as a course of instruction 45 
that satisfies the requirements of this section and section 46 
167.031 or, in the case of a pupil sixteen years of age or 47 
older who attended a metropolitan school district the 48   
 21 
previous year, a written statement that the pupil is  49 
attending home school in compliance with section 167.031 50 
shall be a defense to any prosecution under section 167.031 51 
and to any charge or action for educational neglect brought 52 
under chapter 210.  Home school education enforcement and 53 
records pursuant to this section, and sections 210.167 and 54 
211.031, shall be subject to review only by the local 55 
prosecuting attorney. 56 
     167.013.  1.  For purposes of state law regarding this 1 
section and sections 161.670, 162.996, 166.700, 167.012, 2 
167.031, 167.061, 167.600, 167.619, 210.167, 210.211, 3 
211.031, and 452.375, a "Family Paced Education (FPE) 4 
school" or "FPE school" is a school, whether incorporated or 5 
unincorporated, that: 6 
     (1)  Has as its primary purpose the provision of 7 
private or religious-based instruction; 8 
     (2)  Enrolls children between the ages of seven years 9 
and the compulsory attendance age for the school district in 10 
which the FPE school is located, of which no more than four 11 
are unrelated by affinity or consanguin ity in the third  12 
degree; 13 
     (3)  Does not charge or receive consideration in the 14 
form of tuition, fees, or other remuneration in a genuine 15 
and fair exchange for provision of instruction; and 16 
     (4)  May enroll children who participate in the program  17 
established in sections 135.712 to 135.719 and sections 18 
166.700 to 166.720. 19 
     2.  Except as otherwise provided in this subsection, as 20 
evidence that a child is receiving regular instruction, the 21 
child's parent, guardian, or other person having contr ol or  22 
custody of the child shall: 23 
     (1)  Maintain the following records: 24   
 22 
     (a)  a.  A plan book, diary, or other written record 25 
indicating subjects taught and activities engaged in; 26 
     b.  A portfolio of samples of the child's academic 27 
work; and 28 
     c.  A record of evaluations of the child's academic 29 
progress; or 30 
     (b)  Other written or credible evidence equivalent to 31 
subparagraphs a. to c. of paragraph (a) of this subdivision; 32 
and 33 
     (2)  Offer at least one thousand hours of instruction ,  34 
at least six hundred hours of which shall be in reading, 35 
language arts, mathematics, social studies, science, or 36 
academic courses that are related to such subject areas and 37 
consonant with the child's age and ability.  At least four  38 
hundred of the six hundred hours shall occur at the regular 39 
FPE school location; 40 
     (3)  The requirements of this subsection shall not 41 
apply to any pupil sixteen years of age or older. 42 
     3.  The production of a daily log by a parent, 43 
guardian, or other person havin g control or custody of a 44 
child showing that a FPE school has a course of instruction 45 
that satisfies the requirements of this section and section 46 
167.031 or, in the case of a pupil sixteen years of age or 47 
older who attended a metropolitan school distri ct the  48 
previous year, a written statement that the pupil is 49 
attending a FPE school in compliance with section 167.031 50 
shall be a defense to any prosecution under section 167.031 51 
and to any charge or action for educational neglect brought 52 
under chapter 210.  FPE school education enforcement and 53 
records pursuant to this section, and sections 210.167 and 54 
211.031, shall be subject to review only by the local 55 
prosecuting attorney. 56   
 23 
     168.021.  1.  Certificates of license to teach in the  1 
public schools of the state shall be granted as follows: 2 
     (1)  By the state board, under rules and regulations 3 
prescribed by it: 4 
     (a)  Upon the basis of college credit; 5 
     (b)  Upon the basis of examination; 6 
     (2)  By the state board, under rules and regulations 7 
prescribed by the state board with advice from the advisory 8 
council established by section 168.015 to any individual who 9 
presents to the state board a valid doctoral degree from an 10 
accredited institution of higher education accre dited by a  11 
regional accrediting association such as North Central 12 
Association.  Such certificate shall be limited to the major 13 
area of postgraduate study of the holder, shall be issued 14 
only after successful completion of the examination required 15 
for graduation pursuant to rules adopted by the state board 16 
of education, and shall be restricted to those certificates 17 
established pursuant to subdivision (2) of subsection 3 of 18 
this section; 19 
     (3)  By the state board, which shall issue the 20 
professional certificate classification in both the general 21 
and specialized areas most closely aligned with the current 22 
areas of certification approved by the state board, 23 
commensurate with the years of teaching experience of the 24 
applicant, and based upon the foll owing criteria: 25 
     (a)  a.  Recommendation of a state -approved  26 
baccalaureate-level teacher preparation program; 27 
     b.  The department of elementary and secondary 28 
education shall develop and maintain an eighteen hour (one 29 
thousand eighty minutes) onl ine teacher preparation program 30 
related to subjects appropriate for elementary and secondary 31 
education settings.  Any charitable organization registered 32 
in Missouri that is exempt from federal taxation under the 33   
 24 
Internal Revenue Code of 1986, as amende d, may submit a  34 
teacher preparation program to the department of elementary 35 
and secondary education for approval.  Once approved, the 36 
charitable organization shall be certified to develop and 37 
maintain a teacher preparedness program.  Approved teacher  38 
preparedness programs created by a charitable organization 39 
shall be made available by the department of elementary and 40 
secondary education.  An individual with a bachelor's degree 41 
may complete an eighteen hour online training program, 42 
either created by the department or by a charitable 43 
organization, and receive a teacher certificate.  Such  44 
certificate shall not be accepted by Missouri public 45 
schools, and non-public schools shall not be required to 46 
accept the certificate; 47 
     (b)  a.  Successful attainment of the Missouri 48 
qualifying score on the exit assessment for teachers or 49 
administrators designated by the state board of education; 50 
     b.  (i)  Applicants who have not successfully achieved 51 
a qualifying score on the designated examinations will be  52 
issued a two-year nonrenewable provisional certificate; 53 
     (ii)  During the two-year nonrenewable provisional 54 
certification, an individual teacher may gain full 55 
professional certification by: 56 
     i.  Achieving a qualifying score on the designated  57 
exam; or 58 
     ii.  Successfully achieving an acceptable score on the 59 
state-approved teacher evaluation system from seven walk - 60 
through evaluations, two formative evaluations, and one 61 
summative evaluation for each of the two probationary years 62 
and being offered a third contract by the employing 63 
district.  For any applicant who has a change in job status 64 
because of a reduction in the workforce or a change in life 65 
circumstances, the scores required under this item may be 66   
 25 
scores achieved in any school district during the two -year  67 
nonrenewable provisional certification period; and 68 
     (iii)  The employing school district shall recommend to 69 
the department of elementary and secondary education that 70 
the individual teacher be awarded a full professional 71 
certification by the state board under rules prescribed by 72 
the state board; and 73 
     (c)  Upon completion of a background check as 74 
prescribed in section 168.133 and possession of a valid 75 
teaching certificate in the state from which the applicant's 76 
teacher preparation program was completed; 77 
     (4)  By the state board, under rules prescribed by it, 78 
on the basis of a relevant bachelor's degree, or higher 79 
degree, and a passing score for the designated exit 80 
examination, for individuals whose academic d egree and  81 
professional experience are suitable to provide a basis for 82 
instruction solely in the subject matter of banking or 83 
financial responsibility, at the discretion of the state 84 
board.  Such certificate shall be limited to the major area 85 
of study of the holder and shall be restricted to those 86 
certificates established under subdivision (2) of subsection 87 
3 of this section.  Holders of certificates granted under 88 
this subdivision shall be exempt from the teacher tenure act 89 
under sections 168.102 to 168.130 and each school district 90 
shall have the decision -making authority on whether to hire 91 
the holders of such certificates; 92 
     (5)  By the state board, under rules and regulations 93 
prescribed by it, on the basis of certification by the 94 
American Board for Certification of Teacher Excellence 95 
(ABCTE) and verification of ability to work with children as 96 
demonstrated by sixty contact hours in any one of the 97 
following areas as validated by the school principal:  sixty  98 
contact hours in the classroom, of which at least forty -five  99   
 26 
must be teaching; sixty contact hours as a substitute 100 
teacher, with at least thirty consecutive hours in the same 101 
classroom; sixty contact hours of teaching in a private 102 
school; or sixty contact hours of teaching as a 103 
paraprofessional, for an initial four -year ABCTE certificate 104 
of license to teach, except that such certificate shall not 105 
be granted for the areas of early childhood education, or 106 
special education.  For certification in the area of 107 
elementary education, ni nety contact hours in the classroom 108 
shall be required, of which at least thirty shall be in an 109 
elementary classroom.  Upon the completion of the following 110 
requirements, an applicant shall be eligible to apply for a 111 
career continuous professional certif icate under subdivision 112 
(3) of subsection 3 of this section: 113 
     (a)  Completion of thirty contact hours of professional 114 
development within four years, which may include hours spent 115 
in class in an appropriate college curriculum; 116 
     (b)  Validated completion of two years of the mentoring 117 
program of the American Board for Certification of Teacher 118 
Excellence or a district mentoring program approved by the 119 
state board of education; 120 
     (c)  Attainment of a successful performance -based  121 
teacher evaluation; and 122 
     (d)  Participation in a beginning teacher assistance 123 
program; or 124 
     (6)  (a)  By the state board, under rules and 125 
regulations prescribed by the board, which shall issue an 126 
initial visiting scholars certificate at the discretion of 127 
the board, based on the following criteria: 128 
     a.  Verification from the hiring school district that 129 
the applicant will be employed as part of a business - 130 
education partnership initiative designed to build career 131 
pathways systems or employed as part of an i nitiative  132   
 27 
designed to fill vacant positions in hard -to-staff public  133 
schools or hard-to-fill subject areas for students in a 134 
grade or grades not lower than the ninth grade for which the 135 
applicant's academic degree or professional experience 136 
qualifies the applicant; 137 
     b.  Appropriate and relevant bachelor's degree or 138 
higher, occupational license, or industry -recognized  139 
credential; 140 
     c.  Completion of the application for a one -year  141 
visiting scholars certificate; and 142 
     d.  Completion of a backg round check as prescribed 143 
under section 168.133. 144 
     (b)  The initial visiting scholars certificate shall 145 
certify the holder of such certificate to teach for one 146 
year.  An applicant shall be eligible to renew an initial 147 
visiting scholars certificate a maximum of two times, based 148 
upon the completion of the requirements listed under 149 
subparagraphs a., b., and d. of paragraph (a) of this 150 
subdivision; completion of professional development required 151 
by the school district and school; and attainment of a 152 
satisfactory performance -based teacher evaluation. 153 
     2.  All valid teaching certificates issued pursuant to 154 
law or state board policies and regulations prior to 155 
September 1, 1988, shall be exempt from the professional 156 
development requirements of thi s section and shall continue 157 
in effect until they expire, are revoked or suspended, as 158 
provided by law.  When such certificates are required to be 159 
renewed, the state board or its designee shall grant to each 160 
holder of such a certificate the certificate most nearly  161 
equivalent to the one so held.  Anyone who holds, as of 162 
August 28, 2003, a valid PC -I, PC-II, or continuous  163 
professional certificate shall, upon expiration of such 164 
person's current certificate, be issued the appropriate 165   
 28 
level of certificate based upon the classification system 166 
established pursuant to subsection 3 of this section. 167 
     3.  (1)  Certificates of license to teach in the public 168 
schools of the state shall be based upon minimum 169 
requirements prescribed by the state board of edu cation  170 
which shall include completion of a background check as 171 
prescribed in section 168.133.  The state board shall 172 
provide for the following levels of professional 173 
certification:  an initial professional certificate and a 174 
career continuous professio nal certificate. 175 
     (2)  The initial professional certificate shall be 176 
issued upon completion of requirements established by the 177 
state board of education and shall be valid based upon 178 
verification of actual teaching within a specified time 179 
period established by the state board of education.  The  180 
state board shall require holders of the four -year initial  181 
professional certificate to: 182 
     (a)  Participate in a mentoring program approved and 183 
provided by the district for a minimum of two years; 184 
     (b)  Complete thirty contact hours of professional 185 
development, which may include hours spent in class in an 186 
appropriate college curriculum, or for holders of a 187 
certificate under subdivision (4) of subsection 1 of this 188 
section, an amount of professional development in proportion 189 
to the certificate holder's hours in the classroom, if the 190 
certificate holder is employed less than full time; and 191 
     (c)  Participate in a beginning teacher assistance 192 
program. 193 
     (3)  (a)  The career continuous profession al  194 
certificate shall be issued upon verification of completion 195 
of four years of teaching under the initial professional 196 
certificate and upon verification of the completion of the 197 
requirements articulated in paragraphs (a) to (c) of 198   
 29 
subdivision (2) of this subsection or paragraphs (a) to (d) 199 
of subdivision (5) of subsection 1 of this section. 200 
     (b)  The career continuous professional certificate 201 
shall be continuous based upon verification of actual 202 
employment in an educational position as provided for in  203 
state board guidelines and completion of fifteen contact 204 
hours of professional development per year which may include 205 
hours spent in class in an appropriate college curriculum.   206 
Should the possessor of a valid career continuous 207 
professional certificate fail, in any given year, to meet 208 
the fifteen-hour professional development requirement, the 209 
possessor may, within two years, make up the missing hours.   210 
In order to make up for missing hours, the possessor shall 211 
first complete the fifteen -hour requirement for the current 212 
year and then may count hours in excess of the current year 213 
requirement as make-up hours.  Should the possessor fail to 214 
make up the missing hours within two years, the certificate 215 
shall become inactive.  In order to reactivate the  216 
certificate, the possessor shall complete twenty -four  217 
contact hours of professional development which may include 218 
hours spent in the classroom in an appropriate college 219 
curriculum within the six months prior to or after 220 
reactivating the posse ssor's certificate.  The requirements  221 
of this paragraph shall be monitored and verified by the 222 
local school district which employs the holder of the career 223 
continuous professional certificate. 224 
     (c)  A holder of a career continuous professional 225 
certificate shall be exempt from the professional 226 
development contact hour requirements of paragraph (b) of 227 
this subdivision if such teacher has a local professional 228 
development plan in place within such teacher's school 229 
district and meets two of the three following criteria: 230   
 30 
     a.  Has ten years of teaching experience as defined by 231 
the state board of education; 232 
     b.  Possesses a master's degree; or 233 
     c.  Obtains a rigorous national certification as 234 
approved by the state board of education. 235 
     4.  Policies and procedures shall be established by 236 
which a teacher who was not retained due to a reduction in 237 
force may retain the current level of certification.  There  238 
shall also be established policies and procedures allowing a 239 
teacher who has not b een employed in an educational position 240 
for three years or more to reactivate the teacher's last 241 
level of certification by completing twenty -four contact  242 
hours of professional development which may include hours 243 
spent in the classroom in an appropriate college curriculum 244 
within the six months prior to or after reactivating the 245 
teacher's certificate. 246 
     5.  The state board shall, upon completion of a 247 
background check as prescribed in section 168.133, issue a 248 
professional certificate classification in the areas most  249 
closely aligned with an applicant's current areas of 250 
certification, commensurate with the years of teaching 251 
experience of the applicant, to any person who is hired to 252 
teach in a public school in this state and who possesses a 253 
valid teaching certificate from another state or 254 
certification under subdivision (4) of subsection 1 of this 255 
section, provided that the certificate holder shall annually 256 
complete the state board's requirements for such level of 257 
certification, and shall establ ish policies by which 258 
residents of states other than the state of Missouri may be 259 
assessed a fee for a certificate of license to teach in the 260 
public schools of Missouri.  Such fee shall be in an amount 261 
sufficient to recover any or all costs associated with the  262 
issuing of a certificate of license to teach.  The board  263   
 31 
shall promulgate rules to authorize the issuance of a 264 
provisional certificate of license, which shall be valid for 265 
three years and shall allow the holder to assume classroom 266 
duties pending the completion of a criminal background check 267 
under section 168.133, for any applicant who: 268 
     (1)  Is the spouse of a member of the Armed Forces 269 
stationed in Missouri; 270 
     (2)  Relocated from another state within one year of 271 
the date of applicat ion; 272 
     (3)  Underwent a criminal background check in order to 273 
be issued a teaching certificate of license from another 274 
state; and 275 
     (4)  Otherwise qualifies under this section. 276 
     6.  The state board may assess to holders of an initial 277 
professional certificate a fee, to be deposited into the 278 
excellence in education fund established pursuant to section 279 
160.268, for the issuance of the career continuous 280 
professional certificate.  However, such fee shall not 281 
exceed the combined costs of issuance and any criminal  282 
background check required as a condition of issuance.   283 
Applicants for the initial ABCTE certificate shall be 284 
responsible for any fees associated with the program leading 285 
to the issuance of the certificate, but nothing in this 286 
section shall prohibit a district from developing a policy 287 
that permits fee reimbursement. 288 
     7.  Any member of the public school retirement system 289 
of Missouri who entered covered employment with ten or more 290 
years of educational experience in another state o r states  291 
and held a certificate issued by another state and 292 
subsequently worked in a school district covered by the 293 
public school retirement system of Missouri for ten or more 294 
years who later became certificated in Missouri shall have 295   
 32 
that certificate dated back to the member's original date of 296 
employment in a Missouri public school. 297 
     8.  Within thirty days of receiving an application from 298 
a spouse of an active duty member of the Armed Forces of the 299 
United States who has been transferred or is s cheduled to be  300 
transferred to the state of Missouri, or who has been 301 
transferred or is scheduled to be transferred to an adjacent 302 
state and is or will be domiciled in the state of Missouri, 303 
or has moved to the state of Missouri on a permanent change - 304 
of-station basis and has successfully completed the 305 
background check described under subsection 5 of this 306 
section and section 168.133, the state board shall issue to 307 
such applicant a full certificate of license to teach, 308 
provided that the applicant has paid all necessary fees and 309 
has otherwise met all requirements to be issued such a 310 
certificate. 311 
     571.010.  As used in this chapter, the following terms 1 
shall mean: 2 
     (1)  "Antique, curio or relic firearm", any firearm so 3 
defined by the National Gun Control Act, 18 U.S.C. Title 26, 4 
Section 5845, and the United States Treasury/Bureau of 5 
Alcohol Tobacco and Firearms, 27 CFR Section 178.11: 6 
     (a)  "Antique firearm" is any firearm not designed or 7 
redesigned for using rim fire or conventional center fire 8 
ignition with fixed ammunition and manufactured in or before 9 
1898, said ammunition not being manufactured any longer; 10 
this includes any matchlock, wheel lock, flintlock, 11 
percussion cap or similar type ignition system, or replic a  12 
thereof; 13 
     (b)  "Curio or relic firearm" is any firearm deriving 14 
value as a collectible weapon due to its unique design, 15 
ignition system, operation or at least fifty years old, 16   
 33 
associated with a historical event, renown personage or 17 
major war; 18 
    (2)  "Blackjack", any instrument that is designed or 19 
adapted for the purpose of stunning or inflicting physical 20 
injury by striking a person, and which is readily capable of 21 
lethal use; 22 
     (3)  "Blasting agent", any material or mixture, 23 
consisting of fuel and oxidizer that is intended for 24 
blasting, but not otherwise defined as an explosive under 25 
this section, provided that the finished product, as mixed 26 
for use of shipment, cannot be detonated by means of a 27 
numbered 8 test blasting cap when unco nfined; 28 
     (4)  "Concealable firearm", any firearm with a barrel 29 
less than sixteen inches in length, measured from the face 30 
of the bolt or standing breech; 31 
     (5)  "Deface", to alter or destroy the manufacturer's 32 
or importer's serial number or any o ther distinguishing 33 
number or identification mark; 34 
     (6)  "Detonator", any device containing a detonating 35 
charge that is used for initiating detonation in an 36 
explosive, including but not limited to, electric blasting 37 
caps of instantaneous and delay types, nonelectric blasting 38 
caps for use with safety fuse or shock tube and detonating 39 
cord delay connectors; 40 
     (7)  "Explosive weapon", any explosive, incendiary, or 41 
poison gas bomb or similar device designed or adapted for 42 
the purpose of inflictin g death, serious physical injury, or 43 
substantial property damage; or any device designed or 44 
adapted for delivering or shooting such a weapon.  For the  45 
purposes of this subdivision, the term "explosive" shall 46 
mean any chemical compound mixture or device , the primary or  47 
common purpose of which is to function by explosion, 48 
including but not limited to, dynamite and other high 49   
 34 
explosives, pellet powder, initiating explosives, 50 
detonators, safety fuses, squibs, detonating cords, igniter 51 
cords, and igniters or blasting agents; 52 
     (8)  "Firearm", any weapon that is designed or adapted 53 
to expel a projectile by the action of an explosive; 54 
     (9)  "Firearm silencer", any instrument, attachment, or 55 
appliance that is designed or adapted to muffle the noise  56 
made by the firing of any firearm; 57 
     (10)  "Gas gun", any gas ejection device, weapon, 58 
cartridge, container or contrivance other than a gas bomb 59 
that is designed or adapted for the purpose of ejecting any 60 
poison gas that will cause death or serious physical injury,  61 
but not any device that ejects a repellant or temporary 62 
incapacitating substance; 63 
     (11)  "Intoxicated", substantially impaired mental or 64 
physical capacity resulting from introduction of any 65 
substance into the body; 66 
     (12)  "Knife", any dagger, dirk, stiletto, or bladed 67 
hand instrument that is readily capable of inflicting 68 
serious physical injury or death by cutting or stabbing a 69 
person.  For purposes of this chapter, "knife" does not 70 
include any ordinary pocketknife with no blade more than  71 
four inches in length; 72 
     (13)  "Knuckles", any instrument that consists of 73 
finger rings or guards made of a hard substance that is 74 
designed or adapted for the purpose of inflicting serious 75 
physical injury or death by striking a perso n with a fist  76 
enclosed in the knuckles; 77 
     (14)  "Machine gun", any firearm that is capable of 78 
firing more than one shot automatically, without manual 79 
reloading, by a single function of the trigger; 80 
     (15)  "Projectile weapon", any bow, crossbow, p ellet  81 
gun, slingshot or other weapon that is not a firearm, which 82   
 35 
is capable of expelling a projectile that could inflict 83 
serious physical injury or death by striking or piercing a 84 
person; 85 
     (16)  "Rifle", any firearm designed or adapted to be 86 
fired from the shoulder and to use the energy of the 87 
explosive in a fixed metallic cartridge to fire a projectile 88 
through a rifled bore by a single function of the trigger; 89 
     (17)  "School", any charter school, as such term is 90 
defined in section 160.400, any private school, as such term 91 
is defined in section 166.700, or any public school, as such 92 
term is defined in section 160.011; 93 
     (18)  "Short barrel", a barrel length of less than 94 
sixteen inches for a rifle and eighteen inches for a 95 
shotgun, both measured from the face of the bolt or standing 96 
breech, or an overall rifle or shotgun length of less than 97 
twenty-six inches; 98 
     [(18)] (19)  "Shotgun", any firearm designed or adapted 99 
to be fired from the shoulder and to use the energy of the 100 
explosive in a fixed shotgun shell to fire a number of shot 101 
or a single projectile through a smooth bore barrel by a 102 
single function of the trigger; 103 
     [(19)] (20)  "Spring gun", any fused, timed or 104 
nonmanually controlled trap or device designed or adapted to  105 
set off an explosion for the purpose of inflicting serious 106 
physical injury or death; 107 
     [(20)] (21)  "Switchblade knife", any knife which has a 108 
blade that folds or closes into the handle or sheath, and: 109 
     (a)  That opens automatically by pressu re applied to a  110 
button or other device located on the handle; or 111 
     (b)  That opens or releases from the handle or sheath 112 
by the force of gravity or by the application of centrifugal 113 
force. 114   
 36 
     Section 1.  Any provision of state law t hat requires a  1 
school district to conduct an election of the voters of the 2 
school district in order to adopt a four -day school week  3 
shall not apply to any school district that had a four -day  4 
school week in the 2023 -24 school year and that contains all 5 
of a city with more than two thousand one hundred fifty but 6 
fewer than two thousand four hundred inhabitants and is 7 
located in a county with more than nineteen thousand but 8 
fewer than twenty-two thousand inhabitants and with a county 9 
seat with more than two thousand two hundred twenty but 10 
fewer than two thousand five hundred inhabitants. 11