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Missouri Senate Bill SB675

Missouri 2025 Regular Session

Missouri Senate Bill SB675 Compare Versions

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22 EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
33 and is intended to be omitted in the law.
44 FIRST REGULAR SESSION
55 SENATE BILL NO. 675
66 103RD GENERAL ASSEMBLY
77 INTRODUCED BY SENATOR GREGORY (15).
88 2463S.02I KRISTINA MARTIN, Secretary
99 AN ACT
1010 To repeal sections 166.700, 166.705, and 166.720, RSMo, and to enact in lieu thereof three new
1111 sections relating to empowerment scholarship accounts.
1212
1313 Be it enacted by the General Assembly of the State of Missouri, as follows:
1414 Section A. Sections 166.700, 166.705, and 166.720, RSMo, 1
1515 are repealed and three new sections enacted in lieu thereof, to 2
1616 be known as sections 166.700, 166.705, and 166.720, to read as 3
1717 follows:4
1818 166.700. As used in sections 166.700 to 166.720, the 1
1919 following terms mean: 2
2020 (1) "Curriculum", a complete course of study for a 3
2121 particular content area or grade level, including any 4
2222 supplemental materials; 5
2323 (2) "District", the same meaning as used in section 6
2424 160.011; 7
2525 (3) "Educational assistance organization", the same 8
2626 meaning as used in section 135.712; 9
2727 (4) "Illegal alien", any person who is not lawfully 10
2828 present in the United States or any person who gained 11
2929 illegal entry into the United States; 12
3030 (5) "Parent", the same meaning as used in section 13
3131 135.712; 14
3232 (6) "Private school", a school that is not a part of 15
3333 the public school system of the state of Missouri and that 16 SB 675 2
3434 charges tuition for the rendering of elementary or secondary 17
3535 educational services; 18
3636 (7) "Program", the same meaning as used in section 19
3737 135.712; 20
3838 (8) "Qualified school", an FPE school or any of the 21
3939 following entities that is incorpora ted in Missouri and that 22
4040 does not discriminate on the basis of race, color, or 23
4141 national origin: 24
4242 (a) A charter school as defined in section 160.400; 25
4343 (b) A private school; 26
4444 (c) A public school as defined in section 160.011; or 27
4545 (d) A public or private virtual school; 28
4646 (9) "Qualified student", any [elementary or secondary 29
4747 school student who is a ] resident of this state, who is not 30
4848 an illegal alien, and who [: 31
4949 (a) Has an approved "individualized education plan" 32
5050 (IEP) developed under the federal Individuals with 33
5151 Disabilities Education Act (IDEA), 20 U.S.C. Section 1400 et 34
5252 seq., as amended; or 35
5353 (b) Is a member of a household whose total annual 36
5454 income does not exceed an amount equal to three hundred 37
5555 percent of the incom e standard used to qualify for free and 38
5656 reduced price lunches, and that meets at least one of the 39
5757 following qualifications: 40
5858 a. Attended a public school as a full -time student for 41
5959 at least one semester during the previous twelve months; 42
6060 b. Is a child who is eligible to begin kindergarten or 43
6161 first grade under sections 160.051 to 160.055; or 44
6262 c. Is a sibling of a qualified student who received a 45
6363 scholarship grant in the previous school year and will 46
6464 receive a scholarship grant in the cur rent school year] is 47
6565 eligible to enroll in a public school in this state in any 48 SB 675 3
6666 of grades kindergarten through grade twelve or to receive 49
6767 early childhood special education services pursuant to 50
6868 section 162.700. 51
6969 166.705. 1. A parent of a qualified student may 1
7070 establish a Missouri empowerment scholarship account for the 2
7171 student by entering into a written agreement with an 3
7272 educational assistance organization. The agreement shall 4
7373 provide that: 5
7474 (1) The qualified student shall e nroll in a qualified 6
7575 school and receive an education in at least the subjects of 7
7676 English language arts, mathematics, social studies, and 8
7777 science; 9
7878 (2) Except for a qualified student who is in the 10
7979 custody of the state, the qualified student shall n ot be 11
8080 enrolled in a public school or early childhood special 12
8181 education services operated by, or a charter school located 13
8282 within, the qualified student's district of residence and 14
8383 shall release the district of residence from all obligations 15
8484 to educate the qualified student while the qualified student 16
8585 is enrolled in the program. This subdivision shall not be 17
8686 construed to relieve the student's district of residence 18
8787 from the obligation to conduct an evaluation for 19
8888 disabilities; 20
8989 (3) The qualified student shall receive a grant, in 21
9090 the form of moneys deposited in accordance with section 22
9191 135.714, in the qualified student's Missouri empowerment 23
9292 scholarship account; 24
9393 (4) The moneys deposited in the qualified student's 25
9494 Missouri empowerment scho larship account shall be used only 26
9595 for the following expenses of the qualified student: 27
9696 (a) Tuition or fees at a qualified school; 28
9797 (b) Textbooks required by a qualified school; 29 SB 675 4
9898 (c) Educational therapies or services from a licensed 30
9999 or accredited practitioner or provider including, but not 31
100100 limited to, licensed or accredited paraprofessionals or 32
101101 educational aides; 33
102102 (d) Tutoring services; 34
103103 (e) Curriculum; 35
104104 (f) Tuition or fees for a private virtual school; 36
105105 (g) Fees for a nationally standardized norm -referenced 37
106106 achievement test, advanced placement examinations, 38
107107 international baccalaureate examinations, or any 39
108108 examinations related to college or university admission; 40
109109 (h) Fees for management of the Missouri empowerm ent 41
110110 scholarship account by firms selected by the educational 42
111111 assistance organization; 43
112112 (i) Services provided by a public school including, 44
113113 but not limited to, individual classes and extracurricular 45
114114 programs; 46
115115 (j) Computer hardware or other te chnological devices 47
116116 that are used to help meet the qualified student's 48
117117 educational needs and that are approved by an educational 49
118118 assistance organization . For purposes of this paragraph, 50
119119 "computer hardware or other technological devices" includes 51
120120 calculators, personal computers, laptops, tablet devices, 52
121121 microscopes, telescopes, and printers, but does not include 53
122122 entertainment and other primarily noneducational devices, 54
123123 such as televisions, telephones, video game consoles and 55
124124 accessories, and home t heater and audio equipment ; 56
125125 (k) Fees for summer education programs and specialized 57
126126 after-school education programs; 58
127127 (l) Transportation costs for mileage to and from a 59
128128 qualified school, or a commuter pass for the qualified 60 SB 675 5
129129 student for transportation between the qualified student's 61
130130 residence and a qualified school ; and 62
131131 (5) Moneys deposited in the qualified student's 63
132132 Missouri empowerment scholarship account shall not be used 64
133133 for the following: 65
134134 (a) Consumable educational supplies i ncluding, but not 66
135135 limited to, paper, pens, pencils, or markers; 67
136136 (b) Tuition at a private school located outside of the 68
137137 state of Missouri; and 69
138138 (c) Payments or reimbursements to any person related 70
139139 within the third degree of consanguinity or af finity to a 71
140140 qualified student. 72
141141 2. Missouri empowerment scholarship accounts are 73
142142 renewable on an annual basis upon request of the parent of a 74
143143 qualified student. Notwithstanding any changes to the 75
144144 qualified student's multidisciplinary evaluation t eam plan, 76
145145 a student who has previously qualified for a Missouri 77
146146 empowerment scholarship account shall remain eligible to 78
147147 apply for renewal until the student completes high school 79
148148 and submits scores to the state treasurer from a nationally 80
149149 standardized norm-referenced achievement test, advanced 81
150150 placement examination, international baccalaureate 82
151151 examination, or any examination related to college or 83
152152 university admission purchased with Missouri empowerment 84
153153 scholarship account funds. 85
154154 3. A signed agreement under this section shall satisfy 86
155155 the compulsory school attendance requirements of section 87
156156 167.031. 88
157157 4. A qualified school or a provider of services 89
158158 purchased under this section shall not share, refund, or 90
159159 rebate any Missouri empowerment s cholarship account moneys 91
160160 with the parent or qualified student in any manner. 92 SB 675 6
161161 5. If a qualified student withdraws from the program 93
162162 by enrolling in a school other than a qualified school or is 94
163163 disqualified from the program under the provisions of 95
164164 section 166.710, the qualified student's Missouri 96
165165 empowerment scholarship account shall be closed and any 97
166166 remaining funds shall be returned to the educational 98
167167 assistance organization for redistribution to other 99
168168 qualified students. Under such circumsta nces, the 100
169169 obligation to provide an education for such student shall 101
170170 transfer back to the student's district of residence. 102
171171 6. Any funds remaining in a qualified student's 103
172172 Missouri empowerment scholarship account at the end of a 104
173173 school year shall remain in the account and shall not be 105
174174 returned to the educational assistance organization. Any 106
175175 funds remaining in a qualified student's Missouri 107
176176 empowerment scholarship account upon graduation from a 108
177177 qualified school shall be returned to the education al 109
178178 assistance organization for redistribution to other 110
179179 qualified students. 111
180180 7. Moneys received under sections 166.700 to 166.720 112
181181 shall not constitute Missouri taxable income to the parent 113
182182 of the qualified student. 114
183183 8. The provisions of this s ection shall not be 115
184184 construed to: 116
185185 (1) Require a qualified student to withdraw from a 117
186186 school district or charter school before applying for a 118
187187 Missouri empowerment scholarship account if the qualified 119
188188 student withdraws from the school district or c harter school 120
189189 before receiving any moneys in the qualified student's 121
190190 empowerment scholarship account; or 122 SB 675 7
191191 (2) Prevent a qualified student from applying in 123
192192 advance for a Missouri empowerment scholarship account to be 124
193193 funded beginning in the followi ng school year. 125
194194 166.720. 1. Sections 166.700 to 166.720 shall not be 1
195195 construed to: 2
196196 (1) Permit any governmental agency to exercise control 3
197197 or supervision over any qualified school in which a 4
198198 qualified student enrolls other than a qualified school that 5
199199 is a public school; or 6
200200 (2) Expand the regulatory authority of this state, its 7
201201 officers, or any school district, with respect to the 8
202202 imposition of any additional requirements or restrictions on 9
203203 qualified schools, beyond th ose necessary to enforce the 10
204204 requirements of the Missouri empowerment scholarship 11
205205 accounts program. 12
206206 2. A qualified school, other than a qualified school 13
207207 that is a public school, that accepts a payment from a 14
208208 parent under sections 166.700 to 166.7 20 shall not be 15
209209 considered an agent of the state or federal government due 16
210210 to its acceptance of the payment. 17
211211 3. A qualified school shall not be required to alter 18
212212 its creed, practices, admissions policy, or curriculum in 19
213213 order to accept students w hose parents pay tuition or fees 20
214214 from a Missouri empowerment scholarship account to 21
215215 participate as a qualified school. 22
216216 4. (1) Any qualified student receiving a Missouri 23
217217 empowerment scholarship who leaves a public school or 24
218218 charter school, as suc h terms are defined in chapter 160, in 25
219219 the qualified student's resident school district to enroll 26
220220 in a qualified school that is not the qualified student's 27
221221 resident school district shall continue to be counted in the 28
222222 resident public school or charter s chool's weighted average 29 SB 675 8
223223 daily attendance as a resident student for the purposes of 30
224224 determining state and federal aid for the qualified 31
225225 student's resident school district or charter school. 32
226226 (2) The qualified student will continue to be counted 33
227227 for such purpose as provided: 34
228228 (a) For five years after the qualified student no 35
229229 longer attends school in the qualified student's resident 36
230230 school district; 37
231231 (b) Until any calendar year that the qualified student 38
232232 no longer receives grant money in their scholarship account; 39
233233 (c) Until the qualified student is counted in the 40
234234 weighted average daily attendance for a public school or 41
235235 charter that they are a resident student in; or 42
236236 (d) Until the qualified student graduates. 43
237237 (3) The educational assistance organization and the 44
238238 state treasurer shall provide the necessary information to 45
239239 the department of elementary and secondary education to 46
240240 allow the federal and state aid to continue to the public 47
241241 school or charter school in the quali fied student's resident 48
242242 school district previously attended by the qualified student. 49
243243 (4) The provisions of this subsection shall terminate 50
244244 five years after August 28, 2021. 51
245245 5. In any legal proceeding challenging the application 52
246246 of sections 166.700 to 166.720 to a qualified school, the 53
247247 state shall bear the burden of establishing that the law is 54
248248 necessary and does not impose any undue burden on qualified 55
249249 schools. 56
250250 6. The provisions of section 23.253 of the Missouri 57
251251 sunset act shall not apply to sections 166.700 to 166.720. 58
252252