EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE BILL NO. 70
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR GREGORY (15).
1176S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 160.410, 163.161, 167.020, and 167.151, RSMo, and to enact in lieu thereof
thirteen new sections relating to admission of nonresident pupils, with existing penalty
provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 160.410, 163.161, 167.020, and 1
167.151, RSMo, are repealed and thirteen new sections enacted 2
in lieu thereof, to be known as sections 160.410, 163.161, 3
167.020, 167.151, 167.1200, 167.1205, 167.1210, 167.1211, 4
167.1212, 167.1215, 167.1220, 167.1225, and 167.1230, to read 5
as follows:6
160.410. 1. A charter school shall enroll: 1
(1) All pupils resident in the district in which it 2
operates; 3
(2) Nonresident pupils eligible to attend a district's 4
school under an urban voluntary transfer program; 5
(3) Nonresident pupils who transfer from an 6
unaccredited district under section 167.895, provided that 7
the charter school is an approved charter school, as defined 8
in section 167.895, and subject to all other provisions of 9
section 167.895; 10
(4) In the case of a charter school whose mission 11
includes student drop-out prevention or recovery, any 12
nonresident pupil from the same or an adjacent county who 13
resides in a residential care facility, a transitional 14 SB 70 2
living group home, or an independent living program whose 15
last school of enrollment is in the school district where 16
the charter school is established, who submits a timely 17
application; [and] 18
(5) In the case of a workplace charter school, any 19
student eligible to attend under subdivision (1) or (2) of 20
this subsection whose parent is employed in th e business 21
district, who submits a timely application, unless the 22
number of applications exceeds the capacity of a program, 23
class, grade level or building. The configuration of a 24
business district shall be set forth in the charter and 25
shall not be construed to create an undue advantage for a 26
single employer or small number of employers ; and 27
(6) Nonresident pupils who transfer pursuant to 28
sections 167.1200 to 167.1230 . 29
2. If capacity is insufficient to enroll all pupils 30
who submit a timely application, the charter school shall 31
have an admissions process that assures all applicants of an 32
equal chance of gaining admission and does not discriminate 33
based on parents' ability to pay fees or tuition except that: 34
(1) A charter school may establish a geographical area 35
around the school whose residents will receive a preference 36
for enrolling in the school, provided that such preferences 37
do not result in the establishment of racially or 38
socioeconomically isolated schools and provided su ch 39
preferences conform to policies and guidelines established 40
by the state board of education; 41
(2) A charter school may also give a preference for 42
admission of children whose siblings attend the school or 43
whose parents are employed at the school or in the case of a 44
workplace charter school, a child whose parent is employed 45 SB 70 3
in the business district or at the business site of such 46
school; 47
(3) Charter schools may also give a preference for 48
admission to high-risk students, as defined in subd ivision 49
(5) of subsection 2 of section 160.405, when the school 50
targets these students through its proposed mission, 51
curriculum, teaching methods, and services; 52
(4) A charter school may also give a preference for 53
admission to students who will be eligible for the free and 54
reduced price lunch program in the upcoming school year. 55
3. A charter school shall not limit admission based on 56
race, ethnicity, national origin, disability, income level, 57
except as allowed under subdivision (4) of subse ction 2 of 58
this section, proficiency in the English language or 59
athletic ability, but may limit admission to pupils within a 60
given age group or grade level. Charter schools may limit 61
admission based on gender only when the school is a single - 62
gender school. Students of a charter school who have been 63
enrolled for a full academic year shall be counted in the 64
performance of the charter school on the statewide 65
assessments in that calendar year, unless otherwise exempted 66
as English language learners. For purposes of this 67
subsection, "full academic year" means the last Wednesday in 68
September through the administration of the Missouri 69
assessment program test without transferring out of the 70
school and re-enrolling. 71
4. A charter school shall make available for public 72
inspection, and provide upon request, to the parent, 73
guardian, or other custodian of any school -age pupil 74
resident in the district in which the school is located the 75
following information: 76
(1) The school's charter; 77 SB 70 4
(2) The school's most recent annual report card 78
published according to section 160.522; 79
(3) The results of background checks on the charter 80
school's board members; and 81
(4) If a charter school is operated by a management 82
company, a copy of the w ritten contract between the 83
governing board of the charter school and the educational 84
management organization or the charter management 85
organization for services. The charter school may charge 86
reasonable fees, not to exceed the rate specified in secti on 87
610.026 for furnishing copies of documents under this 88
subsection. 89
5. When a student attending a charter school who is a 90
resident of the school district in which the charter school 91
is located moves out of the boundaries of such school 92
district, the student may complete the current semester and 93
shall be considered a resident student. The student's 94
parent or legal guardian shall be responsible for the 95
student's transportation to and from the charter school. 96
6. If a change in school dist rict boundary lines 97
occurs under section 162.223, 162.431, 162.441, or 162.451, 98
or by action of the state board of education under section 99
162.081, including attachment of a school district's 100
territory to another district or dissolution, such that a 101
student attending a charter school prior to such change no 102
longer resides in a school district in which the charter 103
school is located, then the student may complete the current 104
academic year at the charter school. The student shall be 105
considered a resident student. The student's parent or 106
legal guardian shall be responsible for the student's 107
transportation to and from the charter school. 108 SB 70 5
7. The provisions of sections 167.018 and 167.019 109
concerning foster children's educational rights are 110
applicable to charter schools. 111
163.161. 1. Any school district which makes provision 1
for transporting pupils as provided in section 162.621 and 2
sections 167.231 and 167.241 shall receive state aid for the 3
ensuing year for such transport ation on the basis of the 4
cost of pupil transportation services provided the current 5
year. A district shall receive, pursuant to section 6
163.031, an amount not greater than seventy -five percent of 7
the allowable costs of providing pupil transportation 8
services to and from school and to and from public 9
accredited vocational courses, and shall not receive an 10
amount per pupil greater than one hundred twenty -five 11
percent of the state average approved cost per pupil 12
transported the second preceding scho ol year, except when 13
the state board of education determines that sufficient 14
circumstances exist to authorize amounts in excess of the 15
one hundred twenty-five percent of the state average 16
approved cost per pupil transported the second previous year. 17
2. The state board of education shall determine public 18
school district route approval procedures to be used by each 19
public school district board of education to approve all bus 20
routes or portions of routes and determine the total miles 21
each public school district needs for safe and cost - 22
efficient transportation of the pupils and the state board 23
of education shall determine allowable costs. No state aid 24
shall be paid for the costs of transporting pupils living 25
less than one mile from the school. However, if the state 26
board of education determines that circumstances exist where 27
no appreciable additional expenses are incurred in 28
transporting pupils living less than one mile from school, 29 SB 70 6
such pupils may be transported without increasing or 30
diminishing the district's entitlement to state aid for 31
transportation. 32
3. State aid for transporting handicapped and severely 33
handicapped students attending classes within the school 34
district or in a nearby district under a contractual 35
arrangement shall be paid in accordance with the provisions 36
of section 163.031 and an amount equal to seventy -five 37
percent of the additional cost of transporting handicapped 38
and severely handicapped students above the average per 39
pupil cost of transporting all stu dents of the district 40
shall be apportioned pursuant to section 163.031 where such 41
special transportation is approved in advance by the 42
department of elementary and secondary education. State aid 43
for transportation of handicapped and severely handicapp ed 44
children in a special school district shall be seventy -five 45
percent of allowable costs as determined by the state board 46
of education which may for sufficient reason authorize 47
amounts in excess of one hundred twenty -five percent of the 48
state average approved cost per pupil transported the second 49
previous year. In no event shall state transportation aid 50
exceed seventy-five percent of the total allowable cost of 51
transporting all pupils eligible to be transported; provided 52
that no district shall re ceive reduced reimbursement for 53
costs of transportation of handicapped and severely 54
handicapped children based upon inefficiency. 55
4. No state transportation aid received pursuant to 56
section 163.031 shall be used to purchase any school bus 57
manufactured prior to April 1, 1977, that does not meet the 58
federal motor vehicle safety standards. 59
5. Any school district that operates magnet schools as 60
part of a master desegregation settlement agreement shall 61 SB 70 7
not be considered inefficient for purpose s of state aid for 62
transportation of pupils attending such magnet schools and 63
shall not receive a financial penalty for the magnet school 64
transportation portion of the overall transportation budget 65
as a result thereof. 66
167.020. 1. As used in this section, the term 1
"homeless child" or "homeless youth" shall mean a person 2
less than twenty-one years of age who lacks a fixed, regular 3
and adequate nighttime residence, including a child or youth 4
who: 5
(1) Is sharing the housing o f other persons due to 6
loss of housing, economic hardship, or a similar reason; is 7
living in motels, hotels, or camping grounds due to lack of 8
alternative adequate accommodations; is living in emergency 9
or transitional shelters; is abandoned in hospita ls; or is 10
awaiting foster care placement; 11
(2) Has a primary nighttime residence that is a public 12
or private place not designed for or ordinarily used as a 13
regular sleeping accommodation for human beings; 14
(3) Is living in cars, parks, public spaces, abandoned 15
buildings, substandard housing, bus or train stations, or 16
similar settings; and 17
(4) Is a migratory child or youth who qualifies as 18
homeless because the child or youth is living in 19
circumstances described in subdivisions (1) to ( 3) of this 20
subsection. 21
2. (1) In order to register a pupil, the pupil or the 22
parent or legal guardian of the pupil [or the pupil himself 23
or herself] shall provide, at the time of registration, one 24
of the following: 25
[(1)] (a) Proof of residency in the district. Except 26
as otherwise provided in section 167.151, the term 27 SB 70 8
"residency" shall mean that a person both physically resides 28
within a school district and is domiciled within that 29
district or, in the case of a private school student 30
suspected of having a disability under the Individuals With 31
Disabilities Education Act, 20 U.S.C. Section [1412] 1411, 32
et seq., as amended, that the student attends private school 33
within that district. The domicile of a minor child shall 34
be the domicile of a parent, military guardian pursuant to a 35
military-issued guardianship or court -appointed legal 36
guardian. For instances in which the family of a student 37
living in Missouri co -locates to live with other family 38
members or live in a military family s upport community 39
because one or both of the child's parents are stationed or 40
deployed out of state or deployed within Missouri under 41
active duty orders under Title 10 or Title 32 of the United 42
States Code, the student may attend the school district in 43
which the family member's residence or family support 44
community is located. If the active duty orders expire 45
during the school year, the student may finish the school 46
year in that district; 47
[(2)] (b) Proof that the person registering the 48
student has requested a waiver under subsection 3 of this 49
section within the last forty -five days; or 50
[(3)] (c) Proof that one or both of the child's 51
parents are being relocated to the state of Missouri under 52
military orders. 53
(2) In instances where there is reason to suspect that 54
admission of the pupil will create an immediate danger to 55
the safety of other pupils and employees of the district, 56
the superintendent or the superintendent's designee may 57
convene a hearing within five working days of the request to 58
register and determine whether or not the pupil may register. 59 SB 70 9
3. Any person subject to the requirements of 60
subsection 2 of this section may request a waiver from the 61
district board of any of those requirements on the basis of 62
hardship or good cause. Under no circumstances shall 63
athletic ability be a valid basis of hardship or good cause 64
for the issuance of a waiver of the requirements of 65
subsection 2 of this section. The district board or 66
committee of the board appointed by th e president and which 67
shall have full authority to act in lieu of the board shall 68
convene a hearing as soon as possible, but no later than 69
forty-five days after receipt of the waiver request made 70
under this subsection or the waiver request shall be 71
granted. The district board or committee of the board may 72
grant the request for a waiver of any requirement of 73
subsection 2 of this section. The district board or 74
committee of the board may also reject the request for a 75
waiver in which case the pupil s hall not be allowed to 76
register. Any person aggrieved by a decision of a district 77
board or committee of the board on a request for a waiver 78
under this subsection may appeal such decision to the 79
circuit court in the county where the school district is 80
located. 81
4. Any person who knowingly submits false information 82
to satisfy any requirement of subsection 2 of this section 83
is guilty of a class A misdemeanor. 84
5. In addition to any other penalties authorized by 85
law, a district board may file a civil action to recover, 86
from the parent, military guardian or legal guardian of the 87
pupil, the costs of school attendance for any pupil who was 88
enrolled at a school in the district and whose parent, 89
military guardian or legal guardian filed false i nformation 90
to satisfy any requirement of subsection 2 of this section. 91 SB 70 10
6. Subsection 2 of this section shall not apply to a 92
pupil who is a homeless child or youth, or a pupil attending 93
a school not in the pupil's district of residence as a 94
participant in an interdistrict transfer program established 95
under a court-ordered desegregation program, a pupil who is 96
a ward of the state and has been placed in a residential 97
care facility by state officials, a pupil who has been 98
placed in a residential c are facility due to a mental 99
illness or developmental disability, a pupil attending a 100
school pursuant to sections 167.121 and 167.151 or sections 101
167.1200 to 167.1230 , a pupil placed in a residential 102
facility by a juvenile court, a pupil with a disabil ity 103
identified under state eligibility criteria if the student 104
is in the district for reasons other than accessing the 105
district's educational program, or a pupil attending a 106
regional or cooperative alternative education program or an 107
alternative education program on a contractual basis. 108
7. Within two business days of enrolling a pupil, the 109
school official enrolling a pupil, including any special 110
education pupil, shall request those records required by 111
district policy for student transfer and t hose discipline 112
records required by subsection 9 of section 160.261 from all 113
schools previously attended by the pupil within the last 114
twelve months. Any school district that receives a request 115
for such records from another school district enrolling a 116
pupil that had previously attended a school in such district 117
shall respond to such request within five business days of 118
receiving the request. School districts may report or 119
disclose education records to law enforcement and juvenile 120
justice authorities if the disclosure concerns law 121
enforcement's or juvenile justice authorities' ability to 122
effectively serve, prior to adjudication, the student whose 123 SB 70 11
records are released. The officials and authorities to whom 124
such information is disclosed must comp ly with applicable 125
restrictions set forth in 20 U.S.C. Section 1232g(b)(1)(E) , 126
as amended. 127
8. If one or both of a child's parents are being 128
relocated to the state of Missouri under military orders, a 129
school district shall allow remote registratio n of the 130
student and shall not require the student or the parent or 131
legal guardian of the student [or the student himself or 132
herself] to physically appear at a location within the 133
district to register the student. Proof of residency, as 134
described in this section, shall not be required at the time 135
of the remote registration but shall be required within ten 136
days of the student's attendance in the school district. 137
167.151. 1. The school board of any district, in its 1
discretion, may admit to the school pupils not entitled to 2
free instruction and prescribe the tuition fee to be paid by 3
them, except as provided in subdivision (2) of subsection 3 4
of this section and in sections 167.121, 167.131, 167.132, 5
and 167.895 and sections 167.1200 to 167.1230. 6
2. Orphan children, children with only one parent 7
living, and children whose parents do not contribute to 8
their support-if the children are between the ages of six 9
and twenty years and are unable to pay tuition -may attend 10
the schools of any district in the state in which they have 11
a permanent or temporary home without paying a tuition fee. 12
3. (1) For all school years ending on or before June 13
30, 2023, any individual who pays a school tax in any other 14
district than that in which such individual resides may send 15
such individual's children to any public school in the 16
district in which the tax is paid and receive as a credit on 17
the amount charged for tuition the amount of the school tax 18 SB 70 12
paid to the district; except tha t any individual who owns 19
real estate of which eighty acres or more are used for 20
agricultural purposes and upon which such individual's 21
residence is situated may send such individual's children to 22
public school in any school district in which a part of such 23
real estate, contiguous to that upon which such individual's 24
residence is situated, lies and shall not be charged tuition 25
therefor; so long as thirty -five percent of the real estate 26
is located in the school district of choice. The school 27
district of choice shall count the children in its average 28
daily attendance for the purpose of distribution of state 29
aid through the foundation formula. 30
(2) For all school years beginning on or after July 1, 31
2023, any current owner of residential real p roperty or 32
agricultural real property or a named beneficiary of a trust 33
that currently owns residential real property or 34
agricultural real property and that pays a school tax in a 35
district or districts other than the district in which such 36
current owner or current beneficiary resides may send up to 37
four of such owner's or beneficiary's children to a public 38
school, excluding a charter school, in any district in which 39
such owner or trust pays such school tax. For purposes of 40
this subdivision, "resid ential real property" shall not 41
include any multifamily residential property which exceeds 42
four units. An owner or a named beneficiary of a trust that 43
currently owns residential real property shall not be 44
permitted under this subdivision to send their child to a 45
district outside of the county in which they currently 46
reside. Such owner or beneficiary shall send thirty days' 47
written notice to all school districts involved specifying 48
which school district each child will attend. Such owner or 49
beneficiary shall also present proof of the owner's or 50 SB 70 13
trust's annual payment of at least two thousand dollars of 51
school taxes levied on the real property specified in this 52
subdivision within such school district and ownership of the 53
specified real property for not less than the immediately 54
preceding four consecutive years. Neither the resident nor 55
nonresident districts shall be responsible for providing 56
transportation services under this subdivision. The school 57
district attended shall count a child at tending under this 58
subdivision in its average daily attendance for the purpose 59
of distribution of state aid under chapter 163, except that 60
such nonresident students shall not be counted in the 61
district's average daily attendance for the purposes of 62
determining eligibility for aid payments under section 63
163.044. 64
4. For any school year ending on or before June 30, 65
2023, any owner of agricultural land who, pursuant to 66
subsection 3 of this section, has the option of sending his 67
children to the public schools of more than one district 68
shall exercise such option as provided in this subsection. 69
Such person shall send written notice to all school 70
districts involved specifying to which school district his 71
children will attend by June thirtieth in which such a 72
school year begins. If notification is not received, such 73
children shall attend the school in which the majority of 74
his property lies. Such person shall not send any of his 75
children to the public schools of any district other than 76
the one to which he has sent notice pursuant to this 77
subsection in that school year or in which the majority of 78
his property lies without paying tuition to such school 79
district. 80
5. If a pupil is attending school in a district other 81
than the district of residence and the pupil's parent is 82 SB 70 14
teaching in the school district or is a regular employee of 83
the school district which the pupil is attending, then the 84
district in which the pupil attends school shall allow the 85
pupil to attend school upon payment of tuition in the same 86
manner in which the district allows other pupils not 87
entitled to free instruction to attend school in the 88
district. The provisions of this subsection shall apply 89
only to pupils attending school in a district which has an 90
enrollment in excess of thirteen thousand pupils and not in 91
excess of fifteen thousand pupils and which district is 92
located in a county with a charter form of government which 93
has a population in excess of six hundred thousand persons 94
and not in excess of ni ne hundred thousand persons. 95
167.1200. 1. Sections 167.1200 to 167.1230 shall be 1
known and may be cited as the "Public School Open Enrollment 2
Act". 3
2. As used in sections 167.1200 to 167.1230, the 4
following terms mean: 5
(1) "Department", the department of elementary and 6
secondary education; 7
(2) "Diversity plan" or "voluntary diversity plan", a 8
plan that is voluntarily adopted by a local school board to 9
promote diversity and to avoid minority student isolation in 10
the district; 11
(3) "Nonresident district", a charter school or school 12
district other than a transferring student's resident 13
district; 14
(4) "Parent", a transferring student's parent, 15
guardian, or other person having custody or care of the 16
student; 17
(5) "Public school", any school for elementary or 18
secondary education that is supported and maintained from 19 SB 70 15
public funds and is conducted and operated within this state 20
under the authority and supervision of a duly elected local 21
board of education of the school district or a special 22
administrative board appointed by the state board of 23
education under section 162.081; 24
(6) "Resident district", the school district in which 25
the transferring student resides; 26
(7) "Sibling", each of t wo or more children having a 27
parent in common by blood, adoption, marriage, or foster 28
care; 29
(8) "Socioeconomic status", the income level of a 30
student or the student's family, which shall be measured by 31
whether a student or the student's family me ets the 32
financial eligibility criteria for free and reduced price 33
meals offered under federal guidelines; 34
(9) "Superintendent", the superintendent of a school 35
district, the superintendent or chief executive of a charter 36
school, or the superintend ent's or chief executive's 37
designee; 38
(10) "Transferring student", a child beginning 39
kindergarten in the child's resident district or a public 40
school student in kindergarten to grade twelve who has been 41
enrolled in and completed a full semester in a public school 42
in the student's resident district and who transfers to a 43
nonresident district through a public school open enrollment 44
program under sections 167.1200 to 167.1230; 45
(11) "Transfer year", the school year in which a 46
transferring student attends school in a nonresident 47
district. 48
167.1205. 1. A public school open enrollment program 1
is established to enable a child beginning kindergarten or a 2
student in kindergarten to grade twelve to attend a school 3 SB 70 16
in a nonresident district subject to the limitations under 4
section 167.1225. 5
2. School districts and charter schools shall not be 6
required to participate in the public school open enrollment 7
program. Each school district and charter school shall, on 8
or before October first of each year, indicate whether the 9
district or charter school will participate in the public 10
school open enrollment program created in sections 167.1200 11
to 167.1230 in the school year beginning on July first of 12
the following year. If a school district or charter school 13
participates in the public school open enrollment program, 14
the district or charter school shall receive transferring 15
students for the full school year in which the district or 16
charter school participates. This subsection shall not be 17
construed to prevent any student in a nonparticipating 18
school district from transferring out of the 19
nonparticipating district to a participating district or 20
charter school as a transferring student. For the school 21
years 2026-27 and 2027-28, a resident district may restrict 22
the number of students who may transfer to a nonresident 23
district under sections 167.1200 to 167.1230 to a maximum of 24
five percent of the previous school year's enrollment for 25
the resident district. 26
3. Sections 167.1200 to 167.1230 shall not be 27
construed to require a nonresident district to add teachers, 28
staff, or classrooms or to in any way exceed the 29
requirements and standards established by existing law or 30
the nonresident district. 31
4. (1) The department shall develop a model policy 32
for determining the number of transfers available under 33
section 167.1215 and establishing specific standards for 34
acceptance and rejection of transfer applications under 35 SB 70 17
section 167.1230. Regardless of whether a nonresident 36
district participates in the public school open enrollment 37
program, the board of education of each school district and 38
the governing body of each charter school shall, by 39
resolution, adopt the department's model policy with any 40
changes necessary for a particular district's or charter 41
school's needs. 42
(2) The model policy's determination of the number of 43
transfers available shall require each school district and 44
charter school to define the term "insufficient classroom 45
space" for that district or charter school. 46
(3) The specific standards for acceptance and 47
rejection of transfer applications may include, but shall 48
not be limited to: 49
(a) The capacity of a school building, grade level, 50
class, or program; 51
(b) The availability of classroom space in each school 52
building; 53
(c) Any class size limitation; 54
(d) The ratio of students to classroom teachers; 55
(e) The district's or charter school's projected 56
enrollment; and 57
(f) Any characteristics of specific programs affected 58
by additional or fewer students attending because of 59
transfers under the public school open enrollment program. 60
(4) The specific standards for acceptance and 61
rejection of transfer applications shall include a statement 62
that priority shall be given to an applicant who has a 63
sibling who: 64
(a) Is already enrolled in the nonresident district; or 65
(b) Has made an application for enrollment in the same 66
nonresident district. 67 SB 70 18
(5) The specific standards for acce ptance and 68
rejection of transfer applications shall not include an 69
applicant's: 70
(a) Academic achievement; 71
(b) Athletic or other extracurricular ability; 72
(c) Disabilities; 73
(d) English proficiency level; or 74
(e) Previous disciplinary proceedings; except that, 75
any suspension or expulsion from another district shall be 76
included. 77
(6) A school district or charter school receiving 78
transferring students shall not discriminate on the basis of 79
gender, national origin, race, et hnicity, religion, or 80
disability. 81
5. A nonresident district shall: 82
(1) Accept credits toward graduation that were awarded 83
by another district to a transferring student; and 84
(2) Award a diploma to a transferring student if the 85
student meets the nonresident district's graduation 86
requirements. 87
6. The superintendent shall cause the information 88
about the public school open enrollment program to be posted 89
on the district or charter school website and in the student 90
handbook to inform parents of students of the: 91
(1) Availability of the program established under 92
sections 167.1200 to 167.1230; 93
(2) Application deadline; and 94
(3) Requirements and procedures for resident and 95
nonresident students to participate in the pro gram. 96
7. If a student wishes to attend a school within a 97
nonresident district that is a magnet school, an 98
academically selective school, or a school with a 99 SB 70 19
competitive entrance process that has admissions 100
requirements, the student shall furnish p roof that the 101
student meets the admissions requirements in the application 102
described under section 167.1220. 103
8. A nonresident district may deny a transfer to a 104
student who, in the most recent school year, has been 105
suspended from school two or mor e times or who has been 106
suspended for an act of school violence or expelled under 107
subsection 2 of section 160.261. A student whose transfer 108
is initially precluded under this subsection may be 109
permitted to transfer on a provisional basis as a 110
probationary transfer student, subject to no further 111
disruptive behavior, upon approval of the nonresident 112
district's superintendent. 113
9. A student who is denied a transfer under subsection 114
8 of this section has the right to an in -person meeting with 115
the nonresident district's superintendent. The nonresident 116
district shall develop common standards for determining 117
disruptive behavior that shall include, but not be limited 118
to, criteria under section 160.261. 119
10. Students shall not enroll in a nonre sident 120
district under sections 167.1200 to 167.1230 in any school 121
year before school year 2026 -27. 122
11. (1) As used in this subsection, "school days of 123
enrollment" does not include enrollment in summer school, 124
and "varsity" means the highest leve l of competition offered 125
by one school or school district against the highest level 126
of competition offered by an opposing school or school 127
district. 128
(2) (a) Except as provided in this paragraph, a 129
student who participates in the public school op en 130
enrollment program for purposes of transferring to a 131 SB 70 20
nonresident district and attending a grade in grades nine to 132
twelve is ineligible to participate in interscholastic 133
athletics for three hundred sixty -five days unless the 134
student's case meets the standards under the following 135
exceptions: 136
a. If the transfer does not involve undue influence 137
and is not for athletic reasons, a student may be eligible 138
immediately at the school of the student's choice upon first 139
entering when: 140
(i) The student is promoted from grade six to grade 141
seven; 142
(ii) The student is promoted from grade eight to grade 143
nine and the student is eligible in all other respects; or 144
(iii) The student completes the highest grade in an 145
elementary school that is not a part of a system supporting 146
a high school and the student is eligible in all other 147
respects; or 148
b. If a student transfers schools under circumstances 149
that do not meet the requirements under sections 167.1200 to 150
167.1230, such student may be granted eligibility to 151
participate in interscholastic athletics as hereinafter 152
restricted if the student qualifies under the following 153
terms and conditions: 154
(i) A student whose name has been included on a school 155
eligibility roster at any level f or a given sport during the 156
twelve calendar months preceding the date of such transfer 157
shall be eligible only for subvarsity competition in such 158
sport for three hundred sixty -five days after the date of 159
transfer. A student may have unrestricted eligib ility in 160
all other sports in which such student's name has not 161
appeared on a school eligibility roster; 162 SB 70 21
(ii) A student who has attended a school system that 163
does not sponsor interscholastic athletics but who has 164
participated in organized nonschoo l competition during the 165
twelve calendar months preceding the date of such transfer 166
shall be eligible only for subvarsity competition in such 167
sport for three hundred sixty -five days after the date of 168
transfer. A student may have unrestricted eligibili ty in 169
all other sports in which such student did not participate; 170
or 171
(iii) Eligibility may be granted as described in item 172
(i) of this subparagraph if the athletic eligibility is 173
approved by the principals of both the resident and 174
nonresident districts and if there is no athletic purpose 175
involved in the transfer. The student shall be ineligible 176
for all sports for three hundred sixty -five days after the 177
date of transfer if either or both principals decline to 178
approve athletic eligibility. 179
(b) Nothing in this section or section 167.1210 shall 180
prevent a statewide athletic association that provides 181
oversight for athletic or activity eligibility for students 182
from imposing a stricter penalty upon any transferring 183
student who is determined to have been unduly influenced to 184
participate in or not to participate in the public school 185
open enrollment program outlined in sections 167.1200 to 186
167.1230. 187
167.1210. 1. A student who applies to enroll in 1
multiple nonresident di stricts and accepts a public school 2
open enrollment program transfer to a nonresident district 3
shall accept only one such transfer per school year. 4
2. (1) A student who accepts a public school open 5
enrollment program transfer to a nonresident dis trict shall 6
commit to attend and take all courses through the 7 SB 70 22
nonresident district for at least one school year. At least 8
one course per semester shall be delivered by the 9
nonresident district in -seat. 10
(2) If a transferring student returns to th e student's 11
resident district, the student's transfer shall be void and 12
the student shall reapply if the student seeks a future 13
public school open enrollment program transfer. No 14
transferring student who returns to the student's resident 15
district shall reapply for a future transfer under this 16
subdivision until after the student has been enrolled in and 17
completed a full school semester in a public school in the 18
student's resident district. 19
3. (1) Except as otherwise provided in this 20
subsection, a transferring student attending school in a 21
nonresident district may complete all remaining school years 22
in the nonresident district without reapplying each school 23
year. 24
(2) A sibling of a transferring student who continues 25
enrollment in a nonresident district may enroll in or 26
continue enrollment in that nonresident district if the 27
district has the capacity to accept the sibling without 28
adding teachers, staff, or classrooms or exceeding the 29
regulations and standards established by law or the resident 30
district and the sibling has no discipline issues as 31
described in section 167.1205. 32
4. Except for a transferring student with a 33
socioeconomic status that qualifies the student for 34
transportation costs reimbursement under subsection 6 of 35
this section, the transferring student or the student's 36
parent is responsible for the transportation of the student 37
to and from the school in the nonresident district where the 38
student is enrolled, except that the nonresident district 39 SB 70 23
may enter into an agreement with the student's parent that 40
the parent may transport the student to an existing bus stop 41
location convenient to the school district or charter school 42
if the school district or charter school has capacity 43
available on a bus serving th at location. If transportation 44
is a related service on a student's individualized education 45
program (IEP) and the student is a participant in the public 46
school open enrollment transfer program, the nonresident 47
district shall not be required to provide such 48
transportation as a related service under the IEP if the 49
nonresident district and the student's parent have entered 50
into an agreement under this subsection. Such agreement 51
shall contain a statement that the parent is waiving the 52
transportation as a related service under the student's IEP. 53
5. Notwithstanding the provisions of chapters 160 and 54
163 to the contrary, for the purposes of determining state 55
and federal aid, a transferring student shall be counted as 56
a resident pupil of the nonr esident district in which the 57
student is enrolled. 58
6. (1) Any transferring student who qualifies for 59
free and reduced price meals under federal guidelines and 60
transfers to any nonresident district sharing a border with 61
the student's resident dis trict, or the resident district in 62
which the charter school is located, shall be reimbursed by 63
the parent public school choice fund established in section 64
167.1212 for the costs of transportation of the student as 65
provided in this subsection. 66
(2) The amount of transportation costs eligible for 67
reimbursement shall be, rounded to the nearest dollar, the 68
product obtained by multiplying: 69
(a) The number of days the student attended school in 70
the nonresident district; 71 SB 70 24
(b) The number of miles in a single round trip between 72
the student's residence and the nonresident district's 73
nearest existing bus stop location; and 74
(c) The mileage reimbursement rate of thirty -seven 75
cents per mile. 76
(3) The transferring student or the student' s parent 77
shall keep a record of each instance of transporting the 78
transferring student to and from the nonresident district's 79
nearest existing bus stop location. 80
(4) All reimbursements made under this subsection to a 81
transferring student or the s tudent's parent shall be made 82
quarterly. 83
7. Nothing in sections 167.1200 to 167.1230 shall be 84
construed to relieve any resident district of its 85
responsibility to pay any costs required under section 86
162.705 or 162.740. 87
167.1211. If a nonresident student receives special 1
educational services and participates in the public school 2
open enrollment program, the nonresident district shall 3
receive reimbursement from the parent public school choice 4
fund created in section 167.1212 for the costs of the 5
special educational services for the student with an 6
individualized education program above the state and federal 7
funds received for educating the student. Such 8
reimbursement shall not exceed three times the current 9
expenditure per average daily attendance as calculated on 10
the district's annual secretary of the board report for the 11
year in which expenditures are claimed. 12
167.1212. 1. There is hereby created in the state 1
treasury the "Parent Public School Ch oice Fund", which shall 2
consist of an appropriation by the general assembly of sixty 3
million dollars and any additional appropriations made by 4 SB 70 25
the general assembly. The state treasurer shall be 5
custodian of the fund. In accordance with sections 30.17 0 6
and 30.180, the state treasurer may approve disbursements. 7
The fund shall be a dedicated fund and, upon appropriation, 8
moneys in the fund shall be used solely as provided in 9
sections 167.1200 to 167.1230. 10
2. Notwithstanding the provisions of s ection 33.080 to 11
the contrary, any moneys remaining in the fund at the end of 12
the biennium shall not revert to the credit of the general 13
revenue fund. 14
3. The state treasurer shall invest moneys in the fund 15
in the same manner as other funds are in vested. Any 16
interest and moneys earned on such investments shall be 17
credited to the fund. 18
4. Moneys appropriated to and deposited in the fund 19
shall be used to supplement, not supplant, state aid 20
distributed to school districts under chapter 163 and 21
charter schools under section 160.415 and shall be used 22
solely to compensate school districts and charter schools 23
that participate in the public school open enrollment 24
program established in sections 167.1200 to 167.1230. 25
5. The department shall annually evaluate the 26
availability and use of moneys from the fund. If the 27
department determines that additional moneys are needed to 28
fulfill the purposes of this section, the department shall, 29
as part of the legislative budget process, annually r equest 30
such moneys by a specific line item appropriation. 31
167.1215. 1. Before October first annually, each 1
school district and charter school shall set the number of 2
transfer students the district or charter school is willing 3
to receive for the following school year under sections 4
167.1200 to 167.1230. The district or charter school may 5 SB 70 26
create criteria for the acceptance of students including, 6
but not limited to, the number of students by building, 7
grade, classroom, or program. 8
2. (1) Each school district and charter school shall 9
publish the number set under this section, notify the 10
department, if a school district, or their sponsor, if a 11
charter school, of such number, and shall not be required to 12
accept any transfer students under this section who would 13
cause the district or charter school to exceed the published 14
number. 15
(2) The school district or charter school may report 16
the total number of students the district or charter school 17
is willing to receive and further delineate the number by 18
building, grade, classroom, or program. 19
3. (1) Each school district and charter school shall 20
develop a method for the formation and operation of a 21
waiting list for applications that cannot be accepted 22
because the number of transfers applied for exceeds the 23
number of transfers available. 24
(2) Applications on the waiting list may be given 25
priority for acceptance in the following order and may 26
include other options for priority acceptance: 27
(a) Siblings of students already enrolled in the 28
district or charter school; 29
(b) Children of an active duty member of the Armed 30
Forces of the United States; 31
(c) Children of school district or charter school 32
employees; 33
(d) Students who had previousl y attended school in the 34
district but whose parents have moved out of the district; 35
and 36 SB 70 27
(e) Students whose parents present an employment 37
circumstance for which an open enrollment transfer would be 38
in the student's best interest. 39
(3) A parent of a student on the waiting list shall be 40
informed by the district or charter school of the details of 41
the operation of the list and whether the parent will be 42
required to refile a timely application for open enrollment 43
in order to remain on the wait ing list. 44
167.1220. 1. If a student seeks to attend a school in 1
a nonresident district under sections 167.1200 to 167.1230, 2
the student's parent shall submit an application: 3
(1) To the nonresident district, with a copy to the 4
resident district; 5
(2) On a form approved by the department that contains 6
the student's necessary information for enrollment in 7
another district; and 8
(3) Postmarked before December first in the calendar 9
year preceding the school year in whic h the student seeks to 10
begin the fall semester at the nonresident district. 11
2. A nonresident district that receives an application 12
under subsection 1 of this section shall, upon receipt of 13
the application, place a date and time stamp on the 14
application that reflects the date and time the nonresident 15
district received the application. 16
3. As soon as possible after receiving an application, 17
the superintendent of the nonresident district shall review 18
and make a determination on each applicati on in the order in 19
which the application was received by the nonresident 20
district. Before accepting or rejecting an application, the 21
superintendent shall determine whether one of the 22
limitations under section 167.1225 applies to the 23
application. 24 SB 70 28
4. The superintendent of the nonresident district may 25
accept an application. If the superintendent rejects an 26
application, the superintendent shall present the rejected 27
application with the superintendent's reasons for the 28
rejection to the school bo ard or governing body of the 29
charter school for review. The school board or governing 30
body may accept or reject such application, but no rejection 31
shall be final without a majority vote of the school board 32
or governing body to confirm the superintende nt's rejection 33
of the application. 34
5. (1) As used in this subsection, "good cause" means: 35
(a) A change in a student's residence due to a change 36
in family residence; 37
(b) A change in the state in which the family 38
residence is located; 39
(c) A change in a student's parent's marital status; 40
(d) A guardianship or custody proceeding; 41
(e) Placement in foster care; 42
(f) Adoption; 43
(g) Participation in a foreign exchange program; 44
(h) Participation in a substance abuse or mental 45
health treatment program; 46
(i) A change in the status of a student's resident 47
district such as removal of accreditation by the department, 48
surrender of accreditation, or permanent closure of a 49
nonpublic school; or 50
(j) Revocation of a charter school contract as 51
provided in state law. 52
(2) On or after December first of the calendar year 53
preceding the school year in which the student seeks to 54
begin the fall semester at the nonresident district but 55
before July first of su ch school year, or before the first 56 SB 70 29
Monday in July if July first falls on a Saturday or Sunday, 57
the parent shall send notification to the resident district 58
and the nonresident district, on forms prescribed by the 59
state board of education, that good cau se exists for failure 60
to meet the December first deadline. The school board or 61
governing body of a nonresident district may adopt a policy 62
granting the superintendent the authority to approve 63
applications submitted under sections 167.1200 to 167.1230 64
after the December first deadline. The school board or 65
governing body of the nonresident district shall take action 66
to approve the request if good cause exists. If the request 67
is granted, the school board or governing body shall 68
transmit a copy of t he form to the parent and the resident 69
district within five days after school board or governing 70
body action. A denial of a request by the board or 71
governing body of a nonresident district is not subject to 72
appeal. 73
(3) If the good cause relates to a change in status of 74
a student's resident district, a parent shall file such 75
notification within forty -five days after the last school 76
board or governing body action or within thirty days after 77
the certification of the election, whichever is applic able 78
to the circumstances. 79
(4) If a resident district believes that a nonresident 80
district is violating this subsection, the resident district 81
may, within fifteen days after school board or governing 82
body action by the nonresident district, submi t an appeal to 83
the commissioner of education or, in the event of a charter 84
school as the nonresident district, submit an appeal to a 85
panel of three individuals selected by the Missouri charter 86
public school commission. 87 SB 70 30
(5) The commissioner of edu cation or the 88
commissioner's designee or, in the case of a charter school, 89
the three member panel selected by the Missouri charter 90
public school commission, shall attempt to mediate the 91
dispute to reach approval by both the resident school board 92
and the nonresident school board or governing body of the 93
charter school. If approval is not reached under mediation, 94
the commissioner or the three member panel shall conduct a 95
hearing and shall hear testimony from both the resident 96
school board and the no nresident school board or governing 97
body of the charter school. Within ten days following the 98
hearing, the commissioner or the three member panel shall 99
render a decision upholding or reversing the decision by the 100
school board or governing body of the nonresident district. 101
Within five days after the commissioner's or three member 102
panel's decision, the school board or governing body may 103
appeal the decision of the commissioner to the state board 104
of education as provided in state law or may appeal the 105
decision of the three member panel to the full board of the 106
Missouri charter public school commission. 107
6. (1) Before February first of the school year 108
before the school year in which the transferring student 109
seeks to enroll in a nonresident dis trict under sections 110
167.1200 to 167.1230, the nonresident district's 111
superintendent shall notify the parent and the resident 112
district, in writing, as to whether the student's 113
application has been accepted or rejected. The notification 114
shall be sent by first-class mail to the address on the 115
application. 116
(2) If the application is rejected, the nonresident 117
district's superintendent shall state in the notification 118
letter the reason for the rejection. 119 SB 70 31
(3) If the application is accepted, the nonresident 120
district's superintendent shall state in the notification 121
letter: 122
(a) A reasonable deadline before which the student 123
shall enroll in the nonresident district and after which the 124
acceptance notification is void; and 125
(b) Instructions for the procedures established by the 126
nonresident district for renewing enrollment in the 127
nonresident district each year. 128
167.1225. 1. If sections 167.1200 to 167.1230 1
conflict with a provision of an enforceable desegregation 2
court order or a district's court -approved desegregation 3
plan regarding the effects of past racial segregation in 4
student assignment, the provisions of the order or plan 5
shall govern. 6
2. (1) A school district may annually declare an 7
exemption from sections 167.1200 to 167.1230 if the school 8
district is subject to a desegregation order or mandate of a 9
federal court or agency remedying the effects of past racial 10
segregation or subject to a settlement agreement remedying 11
the effects of past raci al segregation. 12
(2) An exemption declared by a board of education of a 13
school district under subdivision (1) of this subsection is 14
irrevocable for one year from the date the school district 15
notifies the department of the declaration of exemption. 16
(3) After each year of exemption, the board of 17
education of a school district may elect to participate in 18
the public school open enrollment program under sections 19
167.1200 to 167.1230 if the school district's participation 20
does not conflict with the school district's federal court - 21
ordered desegregation program or settlement agreement 22
remedying the effects of past racial segregation. 23 SB 70 32
(4) A school district shall notify the department 24
before April first if in the next school year the school 25
district intends to: 26
(a) Declare an exemption under subdivision (1) of this 27
subsection; or 28
(b) Resume participation after a period of exemption. 29
(5) Annually before June first, the department shall 30
report to each school district the ma ximum number of public 31
school open enrollment program transfers for the school year 32
to begin July first. 33
(6) If a student is unable to transfer because of the 34
limits under this subsection, the nonresident district shall 35
give the student priority for a transfer in the following 36
school year in the order that the nonresident district 37
receives notices of application under section 167.1220, as 38
evidenced by a notation made by the district on the 39
applications indicating the date and time of receipt. 40
3. Any resident or nonresident school district with an 41
approved diversity plan or voluntary diversity plan may deny 42
a transfer under sections 167.1200 to 167.1230 if the school 43
district determines that the transfer conflicts with the 44
provisions of such diversity plan. The denial of a transfer 45
under this subsection shall be deemed a denial for good 46
cause. 47
4. (1) Any student who transfers to a nonresident 48
district under section 167.131, sections 162.1040 to 49
162.1061, or any section other than sections 167.1200 to 50
167.1230 shall not be subject to any requirements under 51
sections 167.1200 to 167.1230. 52
(2) Districts receiving transfer students or sending 53
transfer students to nonresident districts under section 54
167.131, sections 162. 1040 to 162.1061, or any section other 55 SB 70 33
than sections 167.1200 to 167.1230 shall not be subject to 56
any requirements under sections 167.1200 to 167.1230 for 57
those transfer students. 58
5. A student transferring to a nonresident district 59
under sections 167.1200 to 167.1230 shall not be considered 60
a transfer student under any law relating to another 61
transfer program or procedure that allows students to 62
transfer out of their resident districts. 63
167.1230. 1. A student whose applicat ion for a 1
transfer under section 167.1220 is rejected by the 2
nonresident district may appeal to the department to 3
reconsider the transfer in the case of a transfer request to 4
a school district. In the event of a transfer request to a 5
charter school, the student may appeal to a three member 6
panel selected by the Missouri Charter Public School 7
Association. 8
2. An appeal to the department or the three member 9
panel shall be in writing and shall be postmarked no later 10
than ten calendar days, exclu ding weekends and legal 11
holidays, after the student or the student's parent receives 12
a notice of rejection of the application under section 13
167.1220. 14
3. Contemporaneously with the filing of the written 15
appeal under subsection 2 of this section, t he student or 16
the student's parent shall also mail a copy of the written 17
appeal to the nonresident district's superintendent. 18
4. In the written appeal, the student or student's 19
parent shall state the basis for appealing the decision of 20
the nonresident district. 21
5. The student or the student's parent shall submit, 22
along with the written appeal, a copy of the notice of 23
rejection from the nonresident district. 24 SB 70 34
6. As part of the review process, the student or 25
student's parent may submit supporting documentation that 26
the transfer would be in the best educational, health, 27
social, or psychological interest of the student. 28
7. The nonresident district may submit in writing any 29
additional information, evidence, or arguments supporting 30
the district's rejection of the student's application by 31
mailing such response to the department or the three member 32
panel. Such response shall be postmarked no later than ten 33
days after the nonresident district receives the student's 34
or parent's appeal. 35
8. Contemporaneously with the filing of its response 36
under subsection 7 of this section, the nonresident district 37
shall also mail a copy of the response to the student or 38
student's parent. 39
9. If the department or the three member panel 40
overturns the determination of the nonresident district on 41
appeal, the department or the three member panel shall 42
notify the parent, the nonresident district, and the 43
resident district of the basis for the department's decision. 44
10. (1) The department shall collect data from school 45
districts and each charter school sponsor shall collect data 46
from the charter schools it sponsors on the number of 47
applications for student transfers under sections 167.1200 48
to 167.1230 and study the effects of pu blic school open 49
enrollment program transfers under sections 167.1200 to 50
167.1230. The department shall consider, as part of its 51
study, the maximum number of transfers and exemptions for 52
both resident and nonresident districts for up to two years 53
to determine if a significant racially segregative impact 54
has occurred to any school district. 55 SB 70 35
(2) Annually before October first, the department and 56
each sponsor shall report the department's and sponsor's 57
findings from the study of the data under su bdivision (1) of 58
this subsection to: 59
(a) The joint committee on education or any successor 60
committee; 61
(b) The house committee on elementary and secondary 62
education or any other education committee designated by the 63
speaker of the house of r epresentatives; and 64
(c) The senate committee on education or any other 65
education committee designated by the president pro tempore 66
of the senate. 67
11. The department shall annually make a random 68
selection of ten percent of the school district s and each 69
charter school sponsor shall make a random selection of at 70
least one charter school participating in the public school 71
open enrollment program under sections 167.1200 to 167.1230. 72
The audit shall be of each school's transfers approved or 73
denied under policies adopted by the school board or 74
governing body under sections 167.1200 to 167.1230. If the 75
department or charter school sponsor determines that a 76
selected school district or charter school is improperly 77
implementing and administeri ng the transfer process 78
established under sections 167.1200 to 167.1230, the 79
department may withhold any state aid provided to the school 80
district under chapter 163 or section 160.415 until the 81
school district or charter school corrects the transfer 82
process improprieties identified by the department's audit. 83
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