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1. As used in this section, the term "homeless child" or
"homeless youth" shall mean a person less than twenty-one years of age
who lacks a fixed, regular and adequate nighttime residence, including a
child or youth who:

(1) Is sharing the housing of other persons due to loss of housing,
economic hardship, or a similar reason; is living in motels, hotels, or
camping grounds due to lack of alternative adequate accommodations; is
living in emergency or transitional shelters; is abandoned in hospitals;
or is awaiting foster care placement;

(2) Has a primary nighttime residence that is a public or private place
not designed for or ordinarily used as a regular sleeping accommodation
for human beings;

(3) Is living in cars, parks, public spaces, abandoned buildings,
substandard housing, bus or train stations, or similar settings; and

(4) Is a migratory child or youth who qualifies as homeless because the
child or youth is living in circumstances described in subdivisions (1)
to (3) of this subsection.

2. In order to register a pupil, the parent or legal guardian of the
pupil or the pupil himself or herself shall provide, at the time of
registration, one of the following:

(1) Proof of residency in the district. Except as otherwise provided in
section 167.151, the term "residency" shall mean that a person both
physically resides within a school district and is domiciled within that
district. The domicile of a minor child shall be the domicile of a
parent, military guardian pursuant to a military-issued guardianship or
court-appointed legal guardian; or

(2) Proof that the person registering the student has requested a waiver
under subsection 3 of this section within the last forty-five days. In
instances where there is reason to suspect that admission of the pupil
will create an immediate danger to the safety of other pupils and
employees of the district, the superintendent or the superintendent's
designee may convene a hearing within five working days of the request to
register and determine whether or not the pupil may register.

3. Any person subject to the requirements of subsection 2 of this section
may request a waiver from the district board of any of those requirements
on the basis of hardship or good cause. Under no circumstances shall
athletic ability be a valid basis of hardship or good cause for the
issuance of a waiver of the requirements of subsection 2 of this section.
The district board or committee of the board appointed by the president
and which shall have full authority to act in lieu of the board shall
convene a hearing as soon as possible, but no later than forty-five days
after receipt of the waiver request made under this subsection or the
waiver request shall be granted. The district board or committee of the
board may grant the request for a waiver of any requirement of subsection
2 of this section. The district board or committee of the board may also
reject the request for a waiver in which case the pupil shall not be
allowed to register. Any person aggrieved by a decision of a district
board or committee of the board on a request for a waiver under this
subsection may appeal such decision to the circuit court in the county
where the school district is located.

4. Any person who knowingly submits false information to satisfy any
requirement of subsection 2 of this section is guilty of a class A
misdemeanor.

5. In addition to any other penalties authorized by law, a district board
may file a civil action to recover, from the parent, military guardian or
legal guardian of the pupil, the costs of school attendance for any pupil
who was enrolled at a school in the district and whose parent, military
guardian or legal guardian filed false information to satisfy any
requirement of subsection 2 of this section.

6. Subsection 2 of this section shall not apply to a pupil who is a
homeless child or youth, or a pupil attending a school not in the pupil's
district of residence as a participant in an interdistrict transfer
program established under a court-ordered desegregation program, a pupil
who is a ward of the state and has been placed in a residential care
facility by state officials, a pupil who has been placed in a residential
care facility due to a mental illness or developmental disability, a
pupil attending a school pursuant to sections 167.121 and 167.151, a
pupil placed in a residential facility by a juvenile court, a pupil with
a disability identified under state eligibility criteria if the student
is in the district for reasons other than accessing the district's
educational program, or a pupil attending a regional or cooperative
alternative education program or an alternative education program on a
contractual basis.

7. Within two business days of enrolling a pupil, the school official
enrolling a pupil, including any special education pupil, shall request
those records required by district policy for student transfer and those
discipline records required by subsection 9 of section 160.261, RSMo,
from all schools previously attended by the pupil within the last twelve
months. Any school district that receives a request for such records from
another school district enrolling a pupil that had previously attended a
school in such district shall respond to such request within five
business days of receiving the request. School districts may report or
disclose education records to law enforcement and juvenile justice
authorities if the disclosure concerns law enforcement's or juvenile
justice authorities' ability to effectively serve, prior to adjudication,
the student whose records are released. The officials and authorities to
whom such information is disclosed must comply with applicable
restrictions set forth in 20 U.S.C. Section 1232g (b)(1)(E). (L. 1996
H.B. 1301 & 1298, A.L. 2000 S.B. 944, A.L. 2004 H.B. 1453 merged with
S.B. 968 and S.B. 969, A.L. 2005 S.B. 103 & 115)

Consistent with the provisions of section 167.020, within
forty-eight hours of enrolling a nonresident pupil placed pursuant to
sections 210.481 to 210.536, RSMo, the school official enrolling a pupil,
including any special education pupil, shall request those records
required by district policy for student transfer and those discipline
records required by subsection 7 of section 160.261, RSMo, from all
schools and other facilities previously attended by the pupil and from
other state agencies as enumerated in section 210.518, RSMo, and any
entities involved with the placement of the student within the last
twenty-four months. Any request for records under this section shall
include, if applicable to the student, any records relating to an act of
violence as defined under subsection 7 of section 160.262, RSMo. (L. 1998
H.B. 1683)

Prior to admission to any public school, a school board may
require the parent, guardian, or other person having control or charge of
a child of school age to provide, upon enrollment, a sworn statement or
affirmation indicating whether the student has been expelled from school
attendance at any school, public or private, in this state or in any
other state for an offense in violation of school board policies relating
to weapons, alcohol or drugs, or for the willful infliction of injury to
another person. Any person making a materially false statement or
affirmation shall be guilty upon conviction of a class B misdemeanor. The
registration document shall be maintained as a part of the student's
scholastic record. (L. 1996 H.B. 1301 & 1298 § 4, A.L. 2000 S.B. 944)

1. The state board of education shall adopt a policy relating to
the expungement of disciplinary records of pupils who have graduated or
reached the age of twenty-one years.

2. Any school district may adopt a policy consistent with the policy
adopted pursuant to subsection 1 of this section.

3. No such policy shall allow the expungement of any act listed in
subsection 1 of section 167.115 unless the petition regarding the act was
dismissed or the pupil has been acquitted or adjudicated not to have
committed the act. (L. 1996 H.B. 1301 & 1298 § 7 subsecs. 1, 2, 3)

A public school district in any city not within a county shall
determine whether a dress code policy requiring pupils to wear a school
uniform is appropriate at any school or schools within such district, and
if it is so determined, shall adopt such a policy. The school district
may determine the style and color of the school uniform. (L. 1996 H.B.
1301 & 1298 § 7 subsec. 4)

1. Every parent, guardian or other person in this state having
charge, control or custody of a child not enrolled in a public, private,
parochial, parish school or full-time equivalent attendance in a
combination of such schools and between the ages of seven years and the
compulsory attendance age for the district is responsible for enrolling
the child in a program of academic instruction which complies with
subsection 2 of this section. Any parent, guardian or other person who
enrolls a child between the ages of five and seven years in a public
school program of academic instruction shall cause such child to attend
the academic program on a regular basis, according to this section.
Nonattendance by such child shall cause such parent, guardian or other
responsible person to be in violation of the provisions of section
167.061, except as provided by this section. A parent, guardian or other
person in this state having charge, control, or custody of a child
between the ages of seven years of age and the compulsory attendance age
for the district shall cause the child to attend regularly some public,
private, parochial, parish, home school or a combination of such schools
not less than the entire school term of the school which the child
attends; except that

(1) A child who, to the satisfaction of the superintendent of public
schools of the district in which he resides, or if there is no
superintendent then the chief school officer, is determined to be
mentally or physically incapacitated may be excused from attendance at
school for the full time required, or any part thereof;

(2) A child between fourteen years of age and the compulsory attendance
age for the district may be excused from attendance at school for the
full time required, or any part thereof, by the superintendent of public
schools of the district, or if there is none then by a court of competent
jurisdiction, when legal employment has been obtained by the child and
found to be desirable, and after the parents or guardian of the child
have been advised of the pending action; or

(3) A child between five and seven years of age shall be excused from
attendance at school if a parent, guardian or other person having charge,
control or custody of the child makes a written request that the child be
dropped from the school's rolls.

2. (1) As used in sections 167.031 to 167.071, a "home school" is a
school, whether incorporated or unincorporated, that:

(a) Has as its primary purpose the provision of private or
religious-based instruction;

(b) Enrolls pupils between the ages of seven years and the compulsory
attendance age for the district, of which no more than four are unrelated
by affinity or consanguinity in the third degree; and

(c) Does not charge or receive consideration in the form of tuition,
fees, or other remuneration in a genuine and fair exchange for provision
of instruction;

(2) As evidence that a child is receiving regular instruction, the parent
shall, except as otherwise provided in this subsection:

(a) Maintain the following records:

a. A plan book, diary, or other written record indicating subjects taught
and activities engaged in; and

b. A portfolio of samples of the child's academic work; and

c. A record of evaluations of the child's academic progress; or

d. Other written, or credible evidence equivalent to subparagraphs a., b.
and c.; and

(b) Offer at least one thousand hours of instruction, at least six
hundred hours of which will be in reading, language arts, mathematics,
social studies and science or academic courses that are related to the
aforementioned subject areas and consonant with the pupil's age and
ability. At least four hundred of the six hundred hours shall occur at
the regular home school location;

(3) The requirements of subdivision (2) of this subsection shall not
apply to any pupil above the age of sixteen years.

3. Nothing in this section shall require a private, parochial, parish or
home school to include in its curriculum any concept, topic, or practice
in conflict with the school's religious doctrines or to exclude from its
curriculum any concept, topic, or practice consistent with the school's
religious doctrines. Any other provision of the law to the contrary
notwithstanding, all departments or agencies of the state of Missouri
shall be prohibited from dictating through rule, regulation or other
device any statewide curriculum for private, parochial, parish or home
schools.

4. A school year begins on the first day of July and ends on the
thirtieth day of June following.

5. The production by a parent of a daily log showing that a home school
has a course of instruction which satisfies the requirements of this
section or, in the case of a pupil over the age of sixteen years who
attended a metropolitan school district the previous year, a written
statement that the pupil is attending home school in compliance with this
section shall be a defense to any prosecution under this section and to
any charge or action for educational neglect brought pursuant to chapter
210, RSMo.

6. As used in sections 167.031 to 167.051, the term "compulsory
attendance age for the district" shall mean:

(1) Seventeen years of age for any metropolitan school district for which
the school board adopts a resolution to establish such compulsory
attendance age; provided that such resolution shall take effect no
earlier than the school year next following the school year during which
the resolution is adopted; and

(2) Sixteen years of age in all other cases.

The school board of a metropolitan school district for which the
compulsory attendance age is seventeen years may adopt a resolution to
lower the compulsory attendance age to sixteen years; provided that such
resolution shall take effect no earlier than the school year next
following the school year during which the resolution is adopted. (L.
1963 p. 200 § 8-3, A.L. 1977 H.B. 130, A.L. 1986 S.B. 795, A.L. 1990 S.B.
740, A.L. 1993 S.B. 380, A.L. 2004 S.B. 968 and S.B. 969)

(Source: RSMo 1959 § 164.010)

CROSS REFERENCES: Average daily attendance defined for apportionment of
school money, RSMo 163.011 Provisions affecting metropolitan school
district effective for school year beginning 2007-2008 and terminates
after school year ending 2011-2012, RSMo 167.052

(1995) This section, with section 160.051, establishes a property
interest in certain education. State ex rel. Clint Yarber v. McHenry, 915
S.W.2d 325 (Mo.banc).

(2005) To be actionable, failure to cause child to attend school
regularly must be done knowingly or purposely. State v. Self, 155 S.W.3d
756 (Mo.banc).

For the purpose of minimizing unnecessary investigations due to
reports of truancy, each parent, guardian, or other person responsible
for the child who causes his child to attend regularly a home school may
provide to the recorder of deeds of the county where the child legally
resides, or to the chief school officer of the public school district
where the child legally resides, a signed, written declaration of
enrollment stating their intent for the child to attend a home school
within thirty days after the establishment of the home school and by
September first annually thereafter. The name and age of each child
attending the home school, the address and telephone number of the home
school, the name of each person teaching in the home school, and the
name, address and signature of each person making the declaration of
enrollment shall be included in said notice. A declaration of enrollment
to provide a home school shall not be cause to investigate violations of
section 167.031. The recorder of deeds may charge a service cost of not
more than one dollar for each notice filed. (L. 1986 S.B. 795 § 167.041)

Effective 6-19-86

1. If a school board establishes part-time schools or classes
for children under seventeen years of age, lawfully engaged in any
regular employment, every parent, guardian or other person having charge,
control or custody of such a child shall cause the child to attend the
school not less than four hours a week between the hours of eight o'clock
in the morning and five o'clock in the evening during the school year of
the part-time classes.

2. All children who are under eighteen years of age, who have not
completed the elementary school course in the public schools of Missouri,
or its equivalent, and who are not attending regularly any day school
shall be required to attend regularly the part-time classes not less than
four hours a week between the hours of eight o'clock in the morning and
five o'clock in the afternoon during the entire year of the part-time
classes. (L. 1963 p. 200 § 8-5, A.L. 2004 S.B. 968 and S.B. 969)

(Source: RSMo 1959 § 164.080)

CROSS REFERENCE: Provisions affecting metropolitan school district
effective for school year beginning 2007-2008 and terminates after school
year ending 2011-2012, RSMo 167.052

The provisions of sections 167.031 and 167.051 affecting a
metropolitan school district shall be effective for the school year
beginning 2007-08 and shall terminate after the school year ending 2011-
12. (L. 2004 S.B. 968 and S.B. 969)

Any parent, guardian or other person having charge, control or
custody of a child, who violates the provisions of section 167.031 is
guilty of a class C misdemeanor. Upon conviction and pending any judicial
appeal, the defendant shall be required to enroll the child in a public,
private, parochial, parish or home school within three public school
days, after which each successive school day shall constitute a separate
violation of section 167.031. The fine or imprisonment, or both, may be
suspended and finally remitted by the court, with or without the payment
of costs, at the discretion of the court, if the child is immediately
placed and kept in regular attendance at a public, private, parochial,
parish or home school and if the fact of regular attendance is proved
subsequently to the satisfaction of the court. A certificate stating that
the child is regularly attending a public, private, parochial or parish
school and properly attested by the superintendent, principal or person
in charge of the school is prima facie evidence of regular attendance by
the child. (L. 1963 p. 200 § 8-6, A.L. 1986 S.B. 795)

(Source: RSMo 1959 § 164.060)

Effective 6-19-86

1. In school districts having seven or more directors the school
board may appoint and remove at pleasure one or more school attendance
officers and shall pay them from the public school funds.

2. Each attendance officer has the powers of a deputy sheriff in the
performance of his duties. He shall investigate the claims of children
for exemptions under section 167.031, and report his findings to the
person authorized by that section to grant the exemption sought. He shall
refer all cases involving an alleged violation of section 167.031
involving a public school to the superintendent of the public school of
the district where the child legally resides and all cases involving an
alleged violation of section 167.031 involving a private, parochial,
parish or home school to the prosecuting attorney of the county wherein
the child legally resides. When reasonable doubt exists as to the age of
any such child he may require a properly attested birth certificate or an
affidavit stating the child's age, date of birth, physical
characteristics and bearing the signature of the child. He may visit and
enter any mine, office, factory, workshop, business house, place of
amusement, or other place in which children are employed or engaged in
any kind of service, or any place or building in which children loiter or
idle during school hours; may require a properly attested certificate of
the attendance of any child at school; may arrest, without warrant, any
truant, or nonattendants or other juvenile disorderly persons, and place
them in some school or take them to their homes, or take them to any
place of detention provided for neglected children in the county or
school district. He shall serve in the cases which he prosecutes without
additional fee or compensation. Each attendance officer appointed by a
school board shall carry into effect the regulations lawfully prescribed
by the board by which he was appointed.

3. In any urban school district, any metropolitan school district and in
school districts having seven or more directors and which are located in
a first class county having a charter form of government, any duly
commissioned city or county police officer shall be ex officio school
attendance officers. Any police officer exercising duties of ex officio
school attendance officer need not refer any child apprehended pursuant
to the provisions of this section to juvenile court or a juvenile
officer, but nothing in this subsection shall be construed to limit the
police officer's regular powers and duties as a peace officer. (L. 1963
p. 200 § 8-7, A.L. 1976 S.B. 636, A.L. 1977 H.B. 130, A.L. 1986 S.B. 795)

(Source: RSMo 1959 § 164.040)

Effective 6-19-86

1. The school board of any district which has ten thousand
inhabitants or more, may establish and maintain from the public school
funds one or more special truant or parental day schools in the city or
district for children who are either habitual truants from any school in
which they are enrolled as pupils, or who, while in attendance at any
school are incorrigible, vicious or immoral, or who habitually wander or
loiter about the streets or roads or other public places without lawful
employment, or who, in the opinion of the board or of its superintendent
of instruction, require special attention and instruction. The school
board, through its officers, may assign, require and compel all such
children to attend the special truant or parental school or any
department of the graded schools that the board directs.

2. The board may also establish and maintain from the public school
funds, either within or without its district, a parental school for the
care and education of any child resident of the school district and
committed to it by a juvenile court under the provisions of section
211.181, RSMo. For every child committed to the school there shall be
paid to the board of education out of the treasury of the city or county
the sum of ten dollars per month for the support, maintenance, clothing
and other expenses of the child from the time of its entrance into the
school until its discharge therefrom. (L. 1963 p. 200 § 8-9)

(Source: RSMo 1959 § 164.070)

Superintendents, principals and persons in charge of schools and
attendance officers may administer oaths and take the affidavits of
parents, guardians or other persons having charge, control or custody of
children, concerning the ages of children, and furnish children with
certificates of the affidavits. The certificates must have attached the
signature of the child for whom it is issued, the signature of the
persons who made and took the affidavit, and the seal of the school board
of the district and shall contain the description of the color of eye and
hair of the child to whom it is issued. (L. 1963 p. 200 § 8-10)

(Source: RSMo 1959 § 164.100)

The state commissioner of education, superintendents of schools,
school boards, county superintendents of public welfare, and every school
attendance and probation officer shall enforce all laws relating to
compulsory school attendance. (L. 1963 p. 200 § 8-11, A.L. 1977 H.B. 130)

(Source: RSMo 1959 § 164.090)

The state of Missouri shall comply with all the provisions of
the federal law relating to the protection of pupil rights, as contained
in Section 1232h(b) of Title 20 United States Code. (L. 1983 H.B. 815 §
162.022)

1. Notwithstanding any provision of chapter 211, RSMo, or
chapter 610, RSMo, to the contrary, the juvenile officer, sheriff, chief
of police or other appropriate law enforcement authority shall, as soon
as reasonably practical, notify the superintendent, or the
superintendent's designee, of the school district in which the pupil is
enrolled when a petition is filed pursuant to subsection 1 of section
211.031, RSMo, alleging that the pupil has committed one of the following
acts:

(1) First degree murder under section 565.020, RSMo;

(2) Second degree murder under section 565.021, RSMo;

(3) Kidnapping under section 565.110, RSMo;

(4) First degree assault under section 565.050, RSMo;

(5) Forcible rape under section 566.030, RSMo;

(6) Forcible sodomy under section 566.060, RSMo;

(7) Burglary in the first degree under section 569.160, RSMo;

(8) Robbery in the first degree under section 569.020, RSMo;

(9) Distribution of drugs under section 195.211, RSMo;

(10) Distribution of drugs to a minor under section 195.212, RSMo;

(11) Arson in the first degree under section 569.040, RSMo;

(12) Voluntary manslaughter under section 565.023, RSMo;

(13) Involuntary manslaughter under section 565.024, RSMo;

(14) Second degree assault under section 565.060, RSMo;

(15) Sexual assault under section 566.040, RSMo;

(16) Felonious restraint under section 565.120, RSMo;

(17) Property damage in the first degree under section 569.100, RSMo;

(18) The possession of a weapon under chapter 571, RSMo;

(19) Child molestation in the first degree pursuant to section 566.067,
RSMo;

(20) Deviate sexual assault pursuant to section 566.070, RSMo;

(21) Sexual misconduct involving a child pursuant to section 566.083,
RSMo; or

(22) Sexual abuse pursuant to section 566.100, RSMo.

2. The notification shall be made orally or in writing, in a timely
manner, no later than five days following the filing of the petition. If
the report is made orally, written notice shall follow in a timely
manner. The notification shall include a complete description of the
conduct the pupil is alleged to have committed and the dates the conduct
occurred but shall not include the name of any victim. Upon the
disposition of any such case, the juvenile office or prosecuting attorney
or their designee shall send a second notification to the superintendent
providing the disposition of the case, including a brief summary of the
relevant finding of facts, no later than five days following the
disposition of the case.

3. The superintendent or the designee of the superintendent shall report
such information to teachers and other school district employees with a
need to know while acting within the scope of their assigned duties. Any
information received by school district officials pursuant to this
section shall be received in confidence and used for the limited purpose
of assuring that good order and discipline is maintained in the school.
This information shall not be used as the sole basis for not providing
educational services to a public school pupil.

4. The superintendent shall notify the appropriate division of the
juvenile or family court upon any pupil's suspension for more than ten
days or expulsion of any pupil that the school district is aware is under
the jurisdiction of the court.

5. The superintendent or the superintendent's designee may be called to
serve in a consultant capacity at any dispositional proceedings pursuant
to section 211.031, RSMo, which may involve reference to a pupil's
academic treatment plan.

6. Upon the transfer of any pupil described in this section to any other
school district in this state, the superintendent or the superintendent's
designee shall forward the written notification given to the
superintendent pursuant to subsection 2 of this section to the
superintendent of the new school district in which the pupil has
enrolled. Such written notification shall be required again in the event
of any subsequent transfer by the pupil.

7. As used in this section, the terms "school" and "school district"
shall include any charter, private or parochial school or school
district, and the term "superintendent" shall include the principal or
equivalent chief school officer in the cases of charter, private or
parochial schools.

8. The superintendent or the designee of the superintendent or other
school employee who, in good faith, reports information in accordance
with the terms of this section and section 160.261, RSMo, shall not be
civilly liable for providing such information. (L. 1996 H.B. 1301 & 1298
§ 1, A.L. 2000 S.B. 944)

1. In any instance when any person is believed to have committed
an act which if committed by an adult would be assault in the first,
second or third degree, sexual assault, or deviate sexual assault against
a pupil or school employee, while on school property, including a school
bus in service on behalf of the district, or while involved in school
activities, the principal shall immediately report such incident to the
appropriate local law enforcement agency and to the superintendent,
except in any instance when any person is believed to have committed an
act which if committed by an adult would be assault in the third degree
and a written agreement as to the procedure for the reporting of such
incidents of third degree assault has been executed between the
superintendent of the school district and the appropriate local law
enforcement agency, the principal shall report such incident to the
appropriate local law enforcement agency in accordance with such
agreement.

2. In any instance when a pupil is discovered to have on or about such
pupil's person, or among such pupil's possessions, or placed elsewhere on
the school premises, including but not limited to the school playground
or the school parking lot, on a school bus or at a school activity
whether on or off of school property any controlled substance as defined
in section 195.010, RSMo, or any weapon as defined in subsection 4 of
section 160.261, RSMo, in violation of school policy, the principal shall
immediately report such incident to the appropriate local law enforcement
agency and to the superintendent.

3. In any instance when a teacher becomes aware of an assault as set
forth in subsection 1 of this section or finds a pupil in possession of a
weapon or controlled substances as set forth in subsection 2 of this
section, the teacher shall immediately report such incident to the
principal.

4. A school employee, superintendent or such person's designee who in
good faith provides information to law enforcement or juvenile
authorities pursuant to this section or section 160.261, RSMo, shall not
be civilly liable for providing such information.

5. Any school official responsible for reporting pursuant to this section
or section 160.261, RSMo, who willfully neglects or refuses to perform
this duty shall be subject to the penalty established pursuant to section
162.091, RSMo. (L. 1996 H.B. 1301 & 1298 § 2, A.L. 1997 H.B. 641 & 593,
A.L. 2000 S.B. 944)

If the residence of a pupil is so located that attendance in the
district of residence constitutes an unusual or unreasonable
transportation hardship because of natural barriers, travel time, or
distance, the commissioner of education or his designee may assign the
pupil to another district. Subject to the provisions of this section, all
existing assignments shall be reviewed prior to July 1, 1984, and from
time to time thereafter, and may be continued or rescinded. The board of
education of the district in which the pupil lives shall pay the tuition
of the pupil assigned. The tuition shall not exceed the pro rata cost of
instruction. (L. 1963 p. 200 § 8-12, A.L. 1973 H.B. 158, A.L. 1979 H.B.
280, A.L. 1983 H.B. 815)

(Source: RSMo 1959 § 161.093)

(1973) Accessibility is sole consideration and financial effect on school
district is not an item to be considered. Haymart v. Freiberger (A.), 498
S.W.2d 590.

(1977) Mandamus generally will not lie to control discretionary action by
school board but may require board to exercise its discretion. State ex
rel. Seidl v. Jefferson City Board of Education (A.), 548 S.W.2d 853.

1. Notwithstanding any provisions of chapter 211, RSMo, or
chapter 610, RSMo, to the contrary the juvenile officer or an employee of
the division of family services shall notify the school district that a
child under judicial custody pursuant to subsection 3 of section 211.031,
RSMo, is being enrolled in that district or that a child already enrolled
has been taken into judicial custody.

2. The notification shall be given to the superintendent of schools or a
designee, either orally or in writing, at the time of enrollment or no
later than five days following the court taking custody of the child
under subsection 3 of section 211.031, RSMo. If the report is made
orally, written notice shall follow in a timely manner. The notification
shall describe any conduct that involved physical force with the intent
to do serious bodily harm to another person but shall not include the
name of any victim other than the child.

3. The superintendent or a designee is authorized to share this
information with teachers and other school district employees with a need
to know while acting within the scope of their assigned duties pursuant
to subsection 2 of section 160.261, RSMo. Any information received by
school district officials pursuant to this section shall be received in
confidence and used for the limited purposes of assuring that good order
and discipline is maintained in the school, or for intervention and
counseling purposes for the benefit of the child. The information shall
not be part of the child's permanent record. The information shall not be
used as the sole basis for denying educational services to a pupil. (L.
1998 H.B. 1683)

1. Notwithstanding any other provisions of this chapter, or
chapter 610, RSMo, to the contrary, the juvenile officer or an employee
of the division of family services shall notify the superintendent of the
school district in which the child is enrolled, or the superintendent's
designee, upon request by the superintendent or designee regarding such
child, when a case is active regarding the child.

2. The notification shall be made orally or in writing, in a timely
manner, no later than five days following the request by the
superintendent or designee. If the report is made orally, written notice
shall follow in a timely manner. The notification shall include a
complete description of the case involving the pupil, the conduct the
child is alleged to have committed, if any, and the dates the conduct
occurred but shall not include the name of any victim other than the
child.

3. The superintendent or the designee of the superintendent shall report
such information to teachers and other school district employees with a
need to know while acting within the scope of their assigned duties. Any
information received by school district officials pursuant to this
section shall be received in confidence and used for the limited purposes
of assuring that good order and discipline is maintained in the school,
or for intervention and counseling purposes for the benefit of the child.
The information shall not be part of the child's permanent record. The
information shall not be used as the sole basis for not providing
educational services to a pupil. (L. 1998 H.B. 971 § 2)

1. Children who are admitted to programs or facilities of the
department of mental health or whose domicile is one school district in
Missouri but who reside in another school district in Missouri as a
result of placement arranged by or approved by the department of mental
health, the department of social services or placement arranged by or
ordered by a court of competent jurisdiction shall have a right to be
provided the educational services as provided by law and shall not be
denied admission to any appropriate regular public school or special
school district program or program operated by the state board of
education, as the case may be, where the child actually resides because
of such admission or placement; provided, however, that nothing in this
section shall prevent the department of mental health, the department of
social services or a court of competent jurisdiction from otherwise
providing or procuring educational services for such child.

2. Each school district or special school district constituting the
domicile of any child for whom educational services are provided or
procured under this section shall pay toward the per-pupil costs for
educational services for such child. A school district which is not a
special school district shall pay an amount equal to the average sum
produced per child by the local tax effort of the district of domicile. A
special school district shall pay an amount not to exceed the average sum
produced per child by the local tax efforts of the domiciliary districts.

3. When educational services have been provided by the school district or
special school district in which a child actually resides, other than the
district of domicile, the amounts as provided in subsection 2 for which
the domiciliary school district or special school district is responsible
shall be paid by such district directly to the serving district. The
school district, or special school district, as the case may be, shall
send a written voucher for payment to the regular or special district
constituting the domicile of the child served and the domiciliary school
district or special school district receiving such voucher shall pay the
district providing or procuring the services an amount not to exceed the
average sum produced per child by the local tax efforts of the
domiciliary districts. In the event the responsible district fails to pay
the appropriate amount to the district within ninety days after a voucher
is submitted, the state department of elementary and secondary education
shall deduct the appropriate amount due from the next payments of any
state financial aid due that district and shall pay the same to the
appropriate district.

4. In cases where a child whose domicile is in one district is placed in
programs or facilities operated by the department of mental health or
resides in another district pursuant to assignment by that department or
is placed by the department of social services or a court of competent
jurisdiction into any type of publicly contracted residential site in
Missouri, the department of elementary and secondary education shall, as
soon as funds are appropriated, pay the serving district from funds
appropriated for that purpose the amount by which the per-pupil costs of
the educational services exceeds the amounts received from the
domiciliary district except that any other state money received by the
serving district by virtue of rendering such service shall reduce the
balance due.

5. Institutions providing a place of residence for children whose parents
or guardians do not reside in the district in which the institution is
located shall have authority to enroll such children in a program in the
district or special district in which the institution is located and such
enrollment shall be subject to the provisions of subsections 2 and 3 of
this section. The provisions of this subsection shall not apply to
placement authorized pursuant to subsection 1 of this section or if the
placement occurred for the sole purpose of enrollment in the district or
special district. "Institution" as used in this subsection means a
facility organized under the laws of Missouri for the purpose of
providing care and treatment of juveniles.

6. Children residing in institutions providing a place of residence for
three or more such children whose domicile is not in the state of
Missouri may be admitted to schools or programs provided on a contractual
basis between the school district, special district or state department
or agency and the proper department or agency, or persons in the state
where domicile is maintained. Such contracts shall not be permitted to
place any financial burden whatsoever upon the state of Missouri, its
political subdivisions, school districts or taxpayers.

7. For purposes of this section the domicile of the child shall be the
school district where the child would have been educated if the child had
not been placed in a different school district. No provision of this
section shall be construed to deny any child domiciled in Missouri
appropriate and necessary, gratuitous public services.

8. For the purpose of distributing state aid under section 163.031, RSMo,
a child receiving educational services provided by the district in which
the child actually resides, other than the district of domicile, shall be
included in average daily attendance, as defined under section 163.011,
RSMo, of the district providing the educational services for the child.

9. Each school district or special school district where the child
actually resides, other than the district of domicile, may receive
payment from the department of elementary and secondary education, in
lieu of receiving the local tax effort from the domiciliary school
district. Such payments from the department shall be subject to
appropriation and shall only be made for children that have been placed
in a school other than the domiciliary school district by a state agency
or a court of competent jurisdiction and from whom excess educational
costs are billed to the department of elementary and secondary education.
(L. 1995 H.B. 174, et al., A.L. 1997 H.B. 641 & 593, A.L. 1999 H.B. 889
merged with S.B. 387, et al., A.L. 2005 S.B. 287)

*Effective 7-1-06

1. Children who are admitted to programs or facilities of the
department of mental health or whose domicile is one school district in
Missouri but who reside in another school district in Missouri as a
result of placement arranged by or approved by the department of mental
health, the department of social services or placement arranged by or
ordered by a court of competent jurisdiction shall have a right to be
provided the educational services as provided by law and shall not be
denied admission to any appropriate regular public school or special
school district program or program operated by the state board of
education, as the case may be, where the child actually resides because
of such admission or placement; provided, however, that nothing in this
section shall prevent the department of mental health, the department of
social services or a court of competent jurisdiction from otherwise
providing or procuring educational services for such child.

2. Each school district or special school district constituting the
domicile of any child for whom educational services are provided or
procured under this section shall pay toward the per pupil costs for
educational services for such child. A school district which is not a
special school district shall pay an amount equal to the average sum
produced per child by the local tax effort of the district of domicile. A
special school district shall pay an amount not to exceed the average sum
produced per child by the local tax efforts of the domiciliary districts.

3. When educational services have been provided by the school district or
special school district in which a child actually resides, other than the
district of domicile, the amounts as provided in subsection 2 for which
the domiciliary school district or special school district is responsible
shall be paid by such district directly to the serving district. The
school district, or special school district, as the case may be, shall
send a written voucher for payment to the regular or special district
constituting the domicile of the child served and the domiciliary school
district or special school district receiving such voucher shall pay the
district providing or procuring the services an amount not to exceed the
average sum produced per child by the local tax efforts of the
domiciliary districts. In the event the responsible district fails to pay
the appropriate amount to the district within ninety days after a voucher
is submitted, the state department of elementary and secondary education
shall deduct the appropriate amount due from the next payments of any
state financial aid due that district and shall pay the same to the
appropriate district.

4. In cases where a child whose domicile is in one district is placed in
programs or facilities operated by the department of mental health or
resides in another district pursuant to assignment by that department or
is placed by the department of social services or a court of competent
jurisdiction into any type of publicly contracted residential site in
Missouri, the department of elementary and secondary education shall, as
soon as funds are appropriated, pay the serving district from funds
appropriated for that purpose the amount by which the per pupil costs of
the educational services exceeds the amounts received from the
domiciliary district except that any other state money received by the
serving district by virtue of rendering such service shall reduce the
balance due.

5. Institutions providing a place of residence for children whose parents
or guardians do not reside in the district in which the institution is
located shall have authority to enroll such children in a program in the
district or special district in which the institution is located and such
enrollment shall be subject to the provisions of subsections 2 and 3 of
this section. The provisions of this subsection shall not apply to
placement authorized pursuant to subsection 1 of this section or if the
placement occurred for the sole purpose of enrollment in the district or
special district. "Institution" as used in this subsection means a
facility organized under the laws of Missouri for the purpose of
providing care and treatment of juveniles.

6. Children residing in institutions providing a place of residence for
three or more such children whose domicile is not in the state of
Missouri may be admitted to schools or programs provided on a contractual
basis between the school district, special district or state department
or agency and the proper department or agency, or persons in the state
where domicile is maintained. Such contracts shall not be permitted to
place any financial burden whatsoever upon the state of Missouri, its
political subdivisions, school districts or taxpayers.

7. For purposes of this section the domicile of the child shall be the
school district where the child would have been educated if the child had
not been placed in a different school district. No provision of this
section shall be construed to deny any child domiciled in Missouri
appropriate and necessary, gratuitous public services.

8. For the purpose of distributing state aid under section 163.031, RSMo,
a child receiving educational services provided by the district in which
the child actually resides, other than the district of domicile, shall be
included as an "eligible pupil", as defined under section 163.011, RSMo,
of the district providing the educational services for the child.

9. Each school district or special school district where the child
actually resides, other than the district of domicile, may receive
payment from the department of elementary and secondary education, in
lieu of receiving the local tax effort from the domiciliary school
district. Such payments from the department shall be subject to
appropriation and shall only be made for children that have been placed
in a school other than the domiciliary school district by a state agency
or a court of competent jurisdiction and from whom excess educational
costs are billed to the department of elementary and secondary education.
(L. 1995 H.B. 174, et al., A.L. 1997 H.B. 641 & 593, A.L. 1999 H.B. 889
merged with S.B. 387, et al.)

*This section was amended by S.B. 287, 2005, effective 7-1-06. Consult
RSMo 2000 for existing section.

1. The board of education of each district in this state that
does not maintain an accredited school pursuant to the authority of the
state board of education to classify schools as established in section
161.092, RSMo, shall pay the tuition of and provide transportation
consistent with the provisions of section 167.241, RSMo, for each pupil
resident therein who attends an accredited school in another district of
the same or an adjoining county.

2. The rate of tuition to be charged by the district attended and paid by
the sending district is the per pupil cost of maintaining the district's
grade level grouping which includes the school attended. The cost of
maintaining a grade level grouping shall be determined by the board of
education of the district but in no case shall it exceed all amounts
spent for teachers' wages, incidental purposes, debt service, maintenance
and replacements. The term "debt service", as used in this section, means
expenditures for the retirement of bonded indebtedness and expenditures
for interest on bonded indebtedness. Per pupil cost of the grade level
grouping shall be determined by dividing the cost of maintaining the
grade level grouping by the average daily pupil attendance. If there is
disagreement as to the amount of tuition to be paid, the facts shall be
submitted to the state board of education, and its decision in the matter
shall be final. Subject to the limitations of this section, each pupil
shall be free to attend the public school of his or her choice. (L. 1963
p. 200 § 8-13 and p. 339 § 161.095, A.L. 1973 H.B. 158, A.L. 1993 S.B.
380)

(Source: RSMo 1959 § 161.095, A.L. 1961 p. 345)

The amount deductible from the per pupil cost of maintaining the
high school attended in determining the tuition payable by a district on
account of a pupil resident therein who attends an approved high school
in another district, in accordance with the provisions of section
167.131, shall be added to the apportionment of the district of the
pupil's residence to be applied on the tuition of the pupil, if the
school attended is in an adjoining county outside the state of Missouri,
and if the district of the pupil's residence has filed with the state
board of education a receipt showing that such tuition has been paid by
the district. (L. 1963 p. 200 § 8-14)

(Source: RSMo 1959 § 161.097)

1. The school board of any district, in its discretion, may
admit to the school pupils not entitled to free instruction and prescribe
the tuition fee to be paid by them, except as provided in sections
167.121 and 167.131.

2. Orphan children, children with only one parent living, and children
whose parents do not contribute to their support--if the children are
between the ages of six and twenty years and are unable to pay
tuition--may attend the schools of any district in the state in which
they have a permanent or temporary home without paying a tuition fee.

3. Any person who pays a school tax in any other district than that in
which he resides may send his children to any public school in the
district in which the tax is paid and receive as a credit on the amount
charged for tuition the amount of the school tax paid to the district;
except that any person who owns real estate of which eighty acres or more
are used for agricultural purposes and upon which his residence is
situated may send his children to public school in any school district in
which a part of such real estate, contiguous to that upon which his
residence is situated, lies and shall not be charged tuition therefor; so
long as thirty-five percent of the real estate is located in the school
district of choice. The school district of choice shall count the
children in its average daily attendance for the purpose of distribution
of state aid through the foundation formula.

4. Any owner of agricultural land who, pursuant to subsection 3 of this
section, has the option of sending his children to the public schools of
more than one district shall exercise such option as provided in this
subsection. Such person shall send written notice to all school districts
involved specifying to which school district his children will attend by
June thirtieth in which such a school year begins. If notification is not
received, such children shall attend the school in which the majority of
his property lies. Such person shall not send any of his children to the
public schools of any district other than the one to which he has sent
notice pursuant to this subsection in that school year or in which the
majority of his property lies without paying tuition to such school
district.

5. If a pupil is attending school in a district other than the district
of residence and the pupil's parent is teaching in the school district or
is a regular employee of the school district which the pupil is
attending, then the district in which the pupil attends school shall
allow the pupil to attend school upon payment of tuition in the same
manner in which the district allows other pupils not entitled to free
instruction to attend school in the district. The provisions of this
subsection shall apply only to pupils attending school in a district
which has an enrollment in excess of thirteen thousand pupils and not in
excess of fifteen thousand pupils and which district is located in a
county of the first classification with a charter form of government
which has a population in excess of six hundred thousand persons and not
in excess of nine hundred thousand persons. (L. 1963 p. 200 § 8-15, A.L.
1983 H.B. 815, A.L. 1988 S.B. 797, A.L. 1999 H.B. 889, A.L. 2005 S.B. 287)

(Source: RSMo 1959 §§ 163.010, 165.393)

*Effective 7-1-06

1. The school board of any district, in its discretion, may
admit to the school pupils not entitled to free instruction and prescribe
the tuition fee to be paid by them, except as provided in sections
167.121 and 167.131.

2. Orphan children, children with only one parent living, and children
whose parents do not contribute to their support--if the children are
between the ages of six and twenty years and are unable to pay
tuition--may attend the schools of any district in the state in which
they have a permanent or temporary home without paying a tuition fee.

3. Any person who pays a school tax in any other district than that in
which he resides may send his children to any public school in the
district in which the tax is paid and receive as a credit on the amount
charged for tuition the amount of the school tax paid to the district;
except that any person who owns real estate of which eighty acres or more
are used for agricultural purposes and upon which his residence is
situated may send his children to public school in any school district in
which a part of such real estate, contiguous to that upon which his
residence is situated, lies and shall not be charged tuition therefor; so
long as thirty-five percent of the real estate is located in the school
district of choice. The school district of choice shall count the
children as eligible pupils for the purpose of distribution of state aid
through the foundation formula.

4. Any owner of agricultural land who, pursuant to subsection 3 of this
section, has the option of sending his children to the public schools of
more than one district shall exercise such option as provided in this
subsection. Such person shall send written notice to all school districts
involved specifying to which school district his children will attend by
June thirtieth in which such a school year begins. If notification is not
received, such children shall attend the school in which the majority of
his property lies. Such person shall not send any of his children to the
public schools of any district other than the one to which he has sent
notice pursuant to this subsection in that school year or in which the
majority of his property lies without paying tuition to such school
district.

5. If a pupil is attending school in a district other than the district
of residence and the pupil's parent is teaching in the school district or
is a regular employee of the school district which the pupil is
attending, then the district in which the pupil attends school shall
allow the pupil to attend school upon payment of tuition in the same
manner in which the district allows other pupils not entitled to free
instruction to attend school in the district. The provisions of this
subsection shall apply only to pupils attending school in a district
which has an enrollment in excess of thirteen thousand pupils and not in
excess of fifteen thousand pupils and which district is located in a
county of the first classification with a charter form of government
which has a population in excess of six hundred thousand persons and not
in excess of nine hundred thousand persons. (L. 1963 p. 200 § 8-15, A.L.
1983 H.B. 815, A.L. 1988 S.B. 797, A.L. 1999 H.B. 889)

(Source: RSMo 1959 §§ 163.010, 165.393)

*This section was amended by S.B. 287, 2005, effective 7-1-06. Consult
RSMo 2000 for existing section.

1. The school board of any district, after notice to parents or
others having custodial care and a hearing upon charges preferred, may
suspend or expel a pupil for conduct which is prejudicial to good order
and discipline in the schools or which tends to impair the morale or good
conduct of the pupils. In addition to the authority granted in section
167.171, a school board may authorize, by general rule, the immediate
removal of a pupil upon a finding by the principal, superintendent, or
school board that the pupil poses a threat of harm to such pupil or
others, as evidenced by the prior conduct of such pupil. Prior
disciplinary actions shall not be used as the sole basis for removal,
suspension or expulsion of a pupil. Removal of any pupil who is a student
with a disability is subject to state and federal procedural rights. At
the hearing upon any such removal, suspension or expulsion, the board
shall consider the evidence and statements that the parties present and
may consider records of past disciplinary actions, criminal court records
or juvenile court records consistent with other provisions of the law, or
the actions of the pupil which would constitute a criminal offense. The
board may provide by general rule not inconsistent with this section for
the procedure and conduct of such hearings. After meeting with the
superintendent or his designee to discuss the expulsion, the parent,
custodian or the student, if at least eighteen years of age, may, in
writing, waive any right to a hearing before the board of education.

2. The school board of any district, after notice to parents or others
having custodial care and a hearing upon the matter, may suspend a pupil
upon a finding that the pupil has been charged, convicted or pled guilty
in a court of general jurisdiction for the commission of a felony
criminal violation of state or federal law. At a hearing required by this
subsection, the board shall consider statements that the parties present.
The board may provide for the procedure and conduct of such hearings.

3. The school board shall make a good-faith effort to have the parents or
others having custodial care present at any such hearing. Notwithstanding
any other provision of law to the contrary, student discipline hearings
or proceedings related to the rights of students to attend school or to
receive academic credit shall not be required to comply with the
requirements applicable to contested case hearings as provided in chapter
536, RSMo, provided that appropriate due process procedures shall be
observed which shall include the right for a trial de novo by the circuit
court. (L. 1963 p. 200 § 8-16, A.L. 1995 174, et al., A.L. 1996 H.B. 791
merged with H.B. 1301 & 1298, A.L. 1997 H.B. 641 & 593)

(Source: RSMo 1959 §§ 163.010, 165.393)

1. Any suspension issued pursuant to section 167.161, or this
section, or expulsion pursuant to section 167.161, shall not relieve the
state or the suspended student's parents or guardians of their
responsibilities to educate the student. School districts are encouraged
to provide an in-school suspension system and to search for other
acceptable discipline alternatives prior to using suspensions of more
than ten days or expelling a student from the school. Each school
district or special school district constituting the domicile of any
child for whom alternative education programs are provided or procured
under this section shall pay toward the per pupil costs for alternative
education programs for such child. A school district which is not a
special school district shall pay an amount equal to the average sum
produced per child by the local tax effort of the district of domicile. A
special school district shall pay an amount not to exceed the average sum
produced per child by the local tax efforts of the domiciliary districts.
When educational services have been provided by the school district or
special school district in which a child actually resides, other than the
district of domicile, the amounts as provided in subsection 2 of this
section* for which the domiciliary school district or special school
district is responsible shall be paid by such district directly to the
serving district. The school district, or special school district, as the
case may be, shall send a written voucher for payment to the regular or
special district constituting the domicile of the child served and the
domiciliary school district or special school district receiving such
voucher shall pay the district providing or procuring the services an
amount not to exceed the average sum produced per child by the local tax
efforts of the domiciliary districts. In the event the responsible
district fails to pay the appropriate amount to the district within
ninety days after a voucher is submitted, the state department of
elementary and secondary education shall deduct the appropriate amount
due from the next payments of any state financial aid due that district
and shall pay the same to the appropriate district.

2. A school district may contract with other political subdivisions,
public agencies, not-for-profit organizations, or private agencies for
the provision of alternative education services for students whose
demonstrated disruptive behavior indicates that they cannot be adequately
served in the traditional classroom setting. Such contracting may be
included as part of a grant application pursuant to section 167.335 or
conducted independent of the provisions of section 167.335. (L. 1996 H.B.
1301 & 1298 § 5)

*Words "of this section" do not appear in original rolls.

1. Except as provided in subsections 2 and 3 of this section, no
employee of or volunteer at any public school or charter school within
this state shall perform a strip search, as that term is defined in
section 544.193, RSMo, of any student of any such school. However, strip
searches may be conducted by, or under the authority of, a commissioned
law enforcement officer.

2. A student may be strip searched by a school employee only if a
commissioned law enforcement officer is not immediately available and if
the school employee reasonably believes that a student possesses a
weapon, explosive, or substance that poses an imminent threat of physical
harm to himself or herself or another person.

3. For the purposes of this section, the term "strip search" shall not
include the removal of clothing in order to investigate the potential
abuse or neglect of a student; give medical attention to a student;
provide health services to a student; or screen a student for medical
conditions.

4. If a student is strip searched by an employee of a school or a
commissioned law enforcement officer, the district will attempt to notify
the student's parent or guardian as soon as possible.

5. Any employee of a public school or charter school who violates the
provisions of subsections 1 to 4 of this section shall be immediately
suspended without pay, pending an evidentiary hearing when such employee
is entitled by statute or contract to such hearing. If an employee is not
entitled to such evidentiary hearing, the employee shall be suspended
pending completion of due process or further disciplinary action as
provided in the district's personnel policies, as applicable.

6. For the purposes of subsections 1 to 5 of this section, the term
"employee" shall include all temporary, part-time, and full-time
employees of a public school or charter school.

7. No employee of or volunteer in or school board member of or school
district administrator of a public school or charter school shall direct
a student to remove an emblem, insignia, or garment, including a
religious emblem, insignia, or garment, as long as such emblem, insignia,
or garment is worn in a manner that does not promote disruptive behavior.
(L. 2004 S.B. 968 and S.B. 969)

1. The school board in any district, by general rule and for the
causes provided in section 167.161, may authorize the summary suspension
of pupils by principals of schools for a period not to exceed ten school
days and by the superintendent of schools for a period not to exceed one
hundred and eighty school days. In case of a suspension by the
superintendent for more than ten school days, the pupil, the pupil's
parents or others having such pupil's custodial care may appeal the
decision of the superintendent to the board or to a committee of board
members appointed by the president of the board which shall have full
authority to act in lieu of the board. Any suspension by a principal
shall be immediately reported to the superintendent who may revoke the
suspension at any time. In event of an appeal to the board, the
superintendent shall promptly transmit to it a full report in writing of
the facts relating to the suspension, the action taken by the
superintendent and the reasons therefor and the board, upon request,
shall grant a hearing to the appealing party to be conducted as provided
in section 167.161.

2. No pupil shall be suspended unless:

(1) The pupil shall be given oral or written notice of the charges
against such pupil;

(2) If the pupil denies the charges, such pupil shall be given an oral or
written explanation of the facts which form the basis of the proposed
suspension;

(3) The pupil shall be given an opportunity to present such pupil's
version of the incident; and

(4) In the event of a suspension for more than ten school days, where the
pupil gives notice that such pupil wishes to appeal the suspension to the
board, the suspension shall be stayed until the board renders its
decision, unless in the judgment of the superintendent of schools, or of
the district superintendent, the pupil's presence poses a continuing
danger to persons or property or an ongoing threat of disrupting the
academic process, in which case the pupil may be immediately removed from
school, and the notice and hearing shall follow as soon as practicable.

3. No school board shall readmit or enroll a pupil properly suspended for
more than ten consecutive school days for an act of school violence as
defined in subsection 2 of section 160.261, RSMo, regardless of whether
or not such act was committed at a public school or at a private school
in this state, provided that such act shall have resulted in the
suspension or expulsion of such pupil in the case of a private school, or
otherwise permit such pupil to attend school without first holding a
conference to review the conduct that resulted in the expulsion or
suspension and any remedial actions needed to prevent any future
occurrences of such or related conduct. The conference shall include the
appropriate school officials including any teacher employed in that
school or district directly involved with the conduct that resulted in
the suspension or expulsion, the pupil, the parent or guardian of the
pupil or any agency having legal jurisdiction, care, custody or control
of the pupil. The school board shall notify in writing the parents or
guardians and all other parties of the time, place, and agenda of any
such conference. Failure of any party to attend this conference shall not
preclude holding the conference. Notwithstanding any provision of this
subsection to the contrary, no pupil shall be readmitted or enrolled to a
regular program of instruction if:

(1) Such pupil has been convicted of; or

(2) An indictment or information has been filed alleging that the pupil
has committed one of the acts enumerated in subdivision (4) of this
subsection to which there has been no final judgment; or

(3) A petition has been filed pursuant to section 211.091, RSMo, alleging
that the pupil has committed one of the acts enumerated in subdivision
(4) of this subsection to which there has been no final judgment; or

(4) The pupil has been adjudicated to have committed an act which if
committed by an adult would be one of the following:

(a) First degree murder under section 565.020, RSMo;

(b) Second degree murder under section 565.021, RSMo;

(c) First degree assault under section 565.050, RSMo;

(d) Forcible rape under section 566.030, RSMo;

(e) Forcible sodomy under section 566.060, RSMo;

(f) Statutory rape under section 566.032, RSMo;

(g) Statutory sodomy under section 566.062, RSMo;

(h) Robbery in the first degree under section 569.020, RSMo;

(i) Distribution of drugs to a minor under section 195.212, RSMo;

(j) Arson in the first degree under section 569.040, RSMo;

(k) Kidnapping, when classified as a class A felony under section
565.110, RSMo.

Nothing in this subsection shall prohibit the readmittance or enrollment
of any pupil if a petition has been dismissed, or when a pupil has been
acquitted or adjudicated not to have committed any of the above acts.
This subsection shall not apply to a student with a disability, as
identified under state eligibility criteria, who is convicted or
adjudicated guilty as a result of an action related to the student's
disability. Nothing in this subsection shall be construed to prohibit a
school district which provides an alternative education program from
enrolling a pupil in an alternative education program if the district
determines such enrollment is appropriate.

4. If a pupil is attempting to enroll in a school district during a
suspension or expulsion from another in-state or out-of-state school
district including a private, charter or parochial school or school
district, a conference with the superintendent or the superintendent's
designee may be held at the request of the parent, court-appointed legal
guardian, someone acting as a parent as defined by rule in the case of a
special education student, or the pupil to consider if the conduct of the
pupil would have resulted in a suspension or expulsion in the district in
which the pupil is enrolling. Upon a determination by the superintendent
or the superintendent's designee that such conduct would have resulted in
a suspension or expulsion in the district in which the pupil is enrolling
or attempting to enroll, the school district may make such suspension or
expulsion from another school or district effective in the district in
which the pupil is enrolling or attempting to enroll. Upon a
determination by the superintendent or the superintendent's designee that
such conduct would not have resulted in a suspension or expulsion in the
district in which the student is enrolling or attempting to enroll, the
school district shall not make such suspension or expulsion effective in
its district in which the student is enrolling or attempting to enroll.
(L. 1963 p. 200 § 8-17, A.L. 1969 p. 274, A.L. 1973 H.B. 158, A.L. 1977
H.B. 130, A.L. 1986 S.B. 707, A.L. 1987 H.B. 384 Revision, A.L. 1995 H.B.
174, et al., A.L. 1996 H.B. 1301 & 1298, A.L. 1999 H.B. 889 merged with
S.B. 387, et al., A.L. 2000 S.B. 944, A.L. 2004 S.B. 968 and S.B. 969)

(Source: RSMo 1959 § 165.393)

1. The department of health and senior services, after
consultation with the department of elementary and secondary education,
shall promulgate rules and regulations governing the immunization against
poliomyelitis, rubella, rubeola, mumps, tetanus, pertussis, diphtheria,
and hepatitis B, to be required of children attending public, private,
parochial or parish schools. Such rules and regulations may modify the
immunizations that are required of children in this subsection. The
immunizations required and the manner and frequency of their
administration shall conform to recognized standards of medical practice.
The department of health and senior services shall supervise and secure
the enforcement of the required immunization program.

2. It is unlawful for any student to attend school unless he has been
immunized as required under the rules and regulations of the department
of health and senior services, and can provide satisfactory evidence of
such immunization; except that if he produces satisfactory evidence of
having begun the process of immunization, he may continue to attend
school as long as the immunization process is being accomplished in the
prescribed manner. It is unlawful for any parent or guardian to refuse or
neglect to have his child immunized as required by this section, unless
the child is properly exempted.

3. This section shall not apply to any child if one parent or guardian
objects in writing to his school administrator against the immunization
of the child, because of religious beliefs or medical contraindications.
In cases where any such objection is for reasons of medical
contraindications, a statement from a duly licensed physician must also
be provided to the school administrator.

4. Each school superintendent, whether of a public, private, parochial or
parish school, shall cause to be prepared a record showing the
immunization status of every child enrolled in or attending a school
under his jurisdiction. The name of any parent or guardian who neglects
or refuses to permit a nonexempted child to be immunized against diseases
as required by the rules and regulations promulgated pursuant to the
provisions of this section shall be reported by the school superintendent
to the department of health and senior services.

5. The immunization required may be done by any duly licensed physician
or by someone under his direction. If the parent or guardian is unable to
pay, the child shall be immunized at public expense by a physician or
nurse at or from the county, district, city public health center or a
school nurse or by a nurse or physician in the private office or clinic
of the child's personal physician with the costs of immunization paid
through the state Medicaid program, private insurance or in a manner to
be determined by the department of health and senior services subject to
state and federal appropriations, and after consultation with the school
superintendent and the advisory committee established in section 192.630,
RSMo. When a child receives his or her immunization, the treating
physician may also administer the appropriate fluoride treatment to the
child's teeth.

6. Funds for the administration of this section and for the purchase of
vaccines for children of families unable to afford them shall be
appropriated to the department of health and senior services from general
revenue or from federal funds if available.

7. No rule or portion of a rule promulgated under the authority of this
section shall become effective unless it has been promulgated pursuant to
the provisions of chapter 536, RSMo. Any rule or portion of a rule, as
that term is defined in section 536.010, RSMo, that is created under the
authority delegated in this section shall become effective only if it
complies with and is subject to all of the provisions of chapter 536,
RSMo, and, if applicable, section 536.028, RSMo. This section and chapter
536, RSMo, are nonseverable and if any of the powers vested with the
general assembly pursuant to chapter 536, RSMo, to review, to delay the
effective date or to disapprove and annul a rule are subsequently held
unconstitutional, then the grant of rulemaking authority and any rule
proposed or adopted after August 28, 2001, shall be invalid and void. (L.
1963 p. 200 § 8-18, A.L. 1972 H.B. 1255, A.L. 1973 H.B. 342, A.L. 1992
S.B. 611, A.L. 1993 H.B. 522 merged with S.B. 52, A.L. 1995 S.B. 3, A.L.
1996 H.B. 904, et al., A.L. 2001 H.B. 567 merged with S.B. 393)

(Source: L. 1961 p. 349 §§ 1 to 6)

Effective 7-10-01

CROSS REFERENCES: Consent to immunization may be delegated to other
persons, when, RSMo 431.058 Day care centers, immunization requirements,
exceptions, exemption procedure, reports, RSMo 210.003 Mandatory
insurance coverage of immunizations, exceptions, RSMo 376.1215

1. Information and records pertaining to the immunization status
of persons against childhood diseases as required by section 167.181 and
section 210.003, RSMo, may be disclosed and exchanged without a parent's
or guardian's written release authorizing such disclosure, to the
following, who need to know such information to assure compliance with
state statutes or to achieve age-appropriate immunization status for
children:

(1) Employees of public agencies, departments and political subdivisions;

(2) Health records staff of school districts and child care facilities;

(3) Persons other than public employees who are entrusted with the
regular care of those under the care and custody of a state agency
including, but not limited to, operators of day care facilities, group
homes, residential care facilities and adoptive or foster parents;

(4) Health care professionals.

2. If any person, authorized in subsection 1 of this section, discloses
such information for any other purpose, it is an unauthorized release of
confidential information and the person shall be liable for civil
damages. (L. 1992 S.B. 611)

Effective 7-6-92

It is unlawful for any child to attend any of the public schools
of this state while afflicted with any contagious or infectious disease,
or while liable to transmit such disease after having been exposed to it.
For the purpose of determining the diseased condition, or the liability
of transmitting the disease, the teacher or board of directors may
require any child to be examined by a physician, and exclude the child
from school so long as there is any liability of such disease being
transmitted by the pupil. If the parent or guardian refuses to have an
examination made by a physician at the request of the teacher or board of
directors, the teacher or board of directors may exclude the child from
school. Any parent or guardian who persists in sending a child to school,
after having been examined as provided by this section, and found to be
afflicted with any contagious or infectious disease, or liable to
transmit the disease, or refuses to have the child examined as herein
provided, is guilty of a misdemeanor, and, upon conviction, shall be
punished by a fine of not less than five nor more than one hundred
dollars. (L. 1963 p. 200 § 8-19)

(Source: RSMo 1959 § 163.360)

1. The provisions of the National School Lunch Act, as amended,
(60 U.S. Stat. at Large 230; 42 U.S.C.A. 1751 to 1760) are accepted, and
the funds provided thereby shall be accepted for disbursement.

2. All funds under the provisions of the act shall be deposited in the
state treasury to the credit of the fund to be known as the "School Lunch
Fund" which is hereby established.

3. The state board of education is designated as the state educational
agency, as provided in the act, and is charged with the duty and
responsibility of cooperating with the Secretary of Agriculture in the
administration of the act and is delegated all power necessary to such
cooperation. (L. 1963 p. 200 § 8-20)

(Source: RSMo 1959 §§ 160.160, 160.170)

Any school board may install in the school buildings under its
care the necessary apparatus and appliances, and purchase the necessary
food to enable it to provide and sell lunches to children attending the
schools. Lunches shall not be sold for a less price than the cost of the
food, exclusive of the cost of the necessary apparatus and appliances and
exclusive of costs necessary and incidental to the purchase of the food
and the preparing and serving of the lunches; except that in cities which
have five hundred thousand inhabitants or more, any surplus fund derived
from the sale of lunches may, in the discretion of the board of education
of the city, be used to furnish lunches at less than cost to the public
school pupils of compulsory school age who would otherwise be unable, by
reason of insufficient nutrition, to attend school and to pursue the
courses of study prescribed. (L. 1963 p. 200 § 8-21)

(Source: RSMo 1959 § 165.103)

1. The board of directors of any urban school district which has
established facilities for supplying lunches to children attending any of
the schools in the district in accordance with the provisions of section
167.211, may designate the secretary of the district or some other person
as manager for any or all of the facilities in the schools and, by rule,
prescribe his duties. The board may also designate and appoint
submanagers, cashiers and other employees to staff the facilities and, by
rule, prescribe their duties or the board may delegate to the manager the
authority to employ the labor and assistance required to conduct the
facilities; except that all persons who handle or are responsible for any
moneys in connection with the operation of the facilities, or who have
authority to sign or countersign any checks upon any of the funds or
accounts shall be appointed by the board and shall be required to give
bond to the district in the amount, and with such sureties as the board
designates, conditioned to faithfully account for all funds coming into
their possession, and for the faithful performance of their duties. The
manager of the facilities shall keep full and accurate accounts of all
receipts, expenditures and disbursements by the facilities under his
direction and control, and shall on or before October first of each year
deliver to the board a complete report in writing showing the operations
of the facilities under his direction and control, and the receipts and
disbursements on account thereof for the preceding fiscal year.

2. The board may authorize the deposit of funds received from the
operations of the facilities in the banks or depositaries and in the
amounts that the board determines, and may designate the persons by whom
and the purposes for which checks may be drawn thereon. All deposits
shall be secured in the manner provided in section 165.241, RSMo. If the
board designates depositaries for the receipts from the operation of the
facilities, the treasurer of the school district shall not be required to
take into his custody or control any funds so received and so deposited,
and neither he nor his sureties shall be responsible for the funds not
coming into his custody and control. (L. 1963 p. 200 § 8-22)

(Source: RSMo 1959 § 165.550)

1. Public high schools may, in cooperation with Missouri public
community colleges and public or private four-year colleges and
universities, offer postsecondary course options to high school students.
A postsecondary course option allows eligible students to attend
vocational or academic classes on a college or university campus and
receive both high school and college credit upon successful completion of
the course.

2. For purposes of state aid, the pupil's resident district shall
continue to count the pupil in the average daily attendance of such
resident district for any time the student is attending a postsecondary
course.

3. Any pupil enrolled in a community college under a postsecondary course
option shall be considered a resident student for the purposes of
calculating state aid to the community college.

4. Community colleges and four-year colleges and universities may charge
reasonable fees for pupils enrolled in courses under a postsecondary
course option. Such fees may be paid by the district of residence or by
the pupil, as determined by the agreement between the district of
residence and the college or university. (L. 1990 S.B. 740 § 37, A.L.
1998 S.B. 553)

1. As used in this section, the following terms mean:

(1) "Blind persons", individuals who:

(a) Have a visual acuity of 20/200 or less in the better eye with
conventional correction, or have a limited field of vision such that the
widest diameter of the visual field subtends an angular distance not
greater than twenty degrees; or

(b) Have a reasonable expectation of visual deterioration; or

(c) Cannot read printed material at a competitive rate of speed and with
facility due to lack of visual acuity;

(2) "Braille", the system of reading and writing through touch commonly
known as standard English braille;

(3) "Student", any student who is blind or any student eligible for
special education services for visually impaired as defined in P.L.
94-142.

2. All students may receive instruction in braille reading and writing as
part of their individualized education plan. No student shall be denied
the opportunity of instruction in braille reading and writing solely
because the student has some remaining vision.

3. Instruction in braille reading and writing shall be sufficient to
enable each student to communicate effectively and efficiently at a level
commensurate with his sighted peers of comparable grade level and
intellectual functioning. The student's individualized education plan
shall specify:

(1) How braille will be implemented as the primary mode for learning
through integration with normal classroom activities. If braille will not
be provided to a child who is blind, the reason for not incorporating it
in the individualized education plan shall be documented therein;

(2) The date on which braille instruction will commence;

(3) The level of competency in braille reading and writing to be achieved
by the end of the period covered by the individualized education plan; and

(4) The duration of each session.

4. As part of the certification process, teachers certified in the
education of blind and visually impaired children shall be required to
demonstrate competence in reading and writing braille. The department of
elementary and secondary education shall adopt assessment procedures to
assess such competencies which are consistent with standards adopted by
the National Library Service for the Blind and Physically Handicapped,
Library of Congress, Washington, D. C. (L. 1990 S.B. 740 § 11)

1. A pupil may attend a summer school program in a public school
district other than his district of residence if accepted by the district
offering the program. Such summer programs may be advanced, academic or
remedial programs but shall not include those programs funded wholly by
federal moneys. No pupil shall attend summer school classes in more than
one district during any one summer.

2. For purposes of funding summer school programs, each district shall
either consider all nonresident students residents for purposes of
receiving state aid or consider all nonresident students nonresidents for
purposes of collecting tuition. Any pupil attending a summer school
program in a public school district other than his district of residence
shall for purposes of state aid for the summer term be considered a
resident of the district in which he is attending.

3. Any public school district may cooperate with other public school
districts to make optimum use of faculty and resources in providing
summer school options for pupils in all districts. Nothing in this
section shall prohibit schools from establishing contractual services for
certain summer school students. (L. 1990 S.B. 740 § 38)

Effective 7-10-90

1. The department of elementary and secondary education shall
establish a "Model School Wellness Program", and any moneys appropriated,
other than general revenue, by the general assembly for this program
shall be used by selected school districts to establish school- based
pilot programs that focus on encouraging students to establish and
maintain healthy lifestyles. The moneys appropriated shall be from the
Child Nutrition and WIC Reauthorization federal grant money. These
programs shall include tobacco prevention education and the promotion of
balanced dietary patterns and physical activity to prevent becoming
overweight or obese, and discussion of serious and chronic medical
conditions that are associated with being overweight. The content of
these programs shall address state and national standards and guidelines
established by the No Child Left Behind Act, the Healthy People 2010
Leading Health Indicators as compiled by the National Center for Health
Statistics, and the Produce for Better Health Foundation's "5 A Day, The
Color Way" program.

2. School districts may apply for one-year grants for school year 2005-06
under this section. The department shall establish selection criteria and
methods for distribution of funds to school districts applying for such
funds. The department shall promulgate rules to implement the provisions
of this section.

3. A school district that receives a grant under this section shall use
the funds to plan and implement the program in a diverse sampling of
schools in each district. The programs shall address students' academic
success as well as health concerns, and encourage links between the
school and home settings to promote active healthy lifestyles across the
students' learning environments. The tobacco prevention initiative shall
focus on grades four and five to target students before they transition
into middle grades. The obesity prevention programs will cover sequential
wellness education across grades kindergarten through fifth grades. These
programs shall:

(1) Be multidisciplinary, addressing academic standards in language arts,
math, and health;

(2) Provide multimedia resources that engage the students;

(3) Be evidence-based showing successful implementation including
positive changes in desired outcomes, such as changes in body mass index
or attitudes towards tobacco use;

(4) Be able to be integrated into the core classroom at the elementary
level; and

(5) Be sustainable and provide open web-based resources to teachers and
students across Missouri.

4. Hands-on professional development opportunities shall be provided in
local districts for the teachers who will be implementing the program.
Ongoing support shall be provided to the teachers and schools during the
pilot period.

5. Following the completion of the 2005-06 school year, the department
shall evaluate the effectiveness of the model school wellness program in
increasing knowledge, changing body mass index, improving attitudes and
behaviors of students related to nutrition, physical activity, or tobacco
use.

6. Any rule or portion of a rule, as that term is defined in section
536.010, RSMo, that is created under the authority delegated in this
section shall become effective only if it complies with and is subject to
all of the provisions of chapter 536, RSMo, and, if applicable, section
536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and
if any of the powers vested with the general assembly pursuant to chapter
536, RSMo, to review, to delay the effective date, or to disapprove and
annul a rule are subsequently held unconstitutional, then the grant of
rulemaking authority and any rule proposed or adopted after August 28,
2005, shall be invalid and void.

7. Pursuant to section 23.353, RSMo, of the Missouri sunset act:

(1) The provisions of this section shall automatically sunset six years
after August 28, 2005, unless reauthorized by an act of the general
assembly; and

(2) If such program is reauthorized, the program authorized under this
section shall automatically sunset twelve years after the effective date
of the reauthorization of this section; and

(3) This section shall terminate on September 1 of the calendar year
immediately following the calendar year in which the program authorized
under this section is sunset. (L. 2005 H.B. 568)

Sunset date 8-28-11, unless reauthorized

Termination date 9-1-12, unless reauthorized

1. Within all school districts except metropolitan districts the
board of education shall provide transportation to and from school for
all pupils living more than three and one-half miles from school and may
provide transportation for all pupils. State aid for transportation shall
be paid as provided in section 163.161, RSMo, only on the basis of the
cost of pupil transportation for those pupils living one mile or more
from school, including transportation provided to and from publicly
operated university laboratory schools. The board of education may
provide transportation for pupils living less than one mile from school
at the expense of the district and may prescribe reasonable rules and
regulations as to eligibility of pupils for transportation. If no
increase in the tax levy of the school district is required to provide
transportation for pupils living less than one mile from the school, the
board may transport said pupils. If an increase in the tax levy of the
school district is required to provide transportation for pupils living
less than one mile from school, the board shall submit the question at a
public election. If a two-thirds majority of the voters voting on the
question at the election are in favor of providing the transportation,
the board shall arrange and provide therefor.

2. The proposal and the ballots may be in substantially the following
form:

Shall the board of education of the ........ school district provide
transportation at the expense of the district for pupils living less than
one mile from school and be authorized to levy an additional tax of
........ cents on the one hundred dollars assessed valuation to provide
funds to pay for such transportation service?

YES NO

(If you are in favor of the proposition (or question), place an X in the
box opposite "YES". If you are opposed to the proposition (or question),
place an X in the box opposite "NO".)

3. The board of education of any school district may provide
transportation to and from school for any public school pupil not
otherwise eligible for transportation under the provisions of state law,
and may prescribe reasonable rules and regulations as to eligibility for
transportation, if the parents or guardian of the pupil agree in writing
to pay the actual cost of transporting the pupil. The minimum charge
would be the actual cost of transporting the pupil for ninety school
days, which actual cost is to be determined by the average per pupil cost
of transporting children in the school district during the preceding
school year. The full actual cost shall be paid by the parent or guardian
of the pupil and shall not be paid out of any state school aid funds or
out of any other revenues of the school district. The cost of
transportation may be paid in installments, and the board of education
shall establish the cost of the transportation and the time or times and
method of payment. (L. 1963 p. 200 § 8-23, A.L. 1965 p. 288, A.L. 1973
H.B. 158, A.L. 1977 H.B. 130, A.L. 1978 H.B. 969, H.B. 971, A.L. 1979
H.B. 300, A.L. 1990 H.B. 1142)

(Source: RSMo 1959 §§ 165.140, 165.373, 165.700)

(1974) This section does not authorize transportation of private school
pupils. For opinion see Luetkemeyer et al. v. Kaufmann, 364 F.Supp 376,
affirmed by supreme court in memorandum opinion (U.S.) 95 S.Ct. 167.

1. The board of education of any seven-director school district
where the voters of the district have approved the transportation of
pupils living less than one mile from the school and the levying of an
additional tax to pay for such transportation as provided in section
167.231 may, when it determines such action advisable, present a
proposition to the qualified voters of the district rescinding the tax
levy and the requirement that transportation be provided for all pupils
living less than one mile from school. Such a proposition shall not be
presented to the voters until after such transportation services have
been provided for three full school terms and then only at the annual
election. Approval of the rescission by a majority of the voters would be
effective on July first next following the election. After that date the
district shall provide only such transportation as is authorized under
subsection 1 of section 167.231. Upon December thirty-first of the year
in which the rescission is effective, the district's tax levy shall be
reduced by an amount equal to the increase approved by the voters under
subsection 2 of section 167.231.

2. The ballot form for such an election shall be in substantially the
following form:

Shall the board of education of the ........ school district be required
to provide transportation only for those pupils living three and one-half
miles or more from school with the option of providing transportation for
those living a mile or more from school?

YES

NO (If you are in favor of the proposition (or question), place an X in
the box opposite "YES". If you are opposed to the proposition (or
question), place an X in the box opposite "NO".) (L. 1977 H.B. 130, A.L.
1978 H.B. 969)

Transportation for pupils whose tuition the district of
residence is required to pay by section 167.131 or who are assigned as
provided in section 167.121 shall be provided by the district of
residence; however, in the case of pupils covered by section 167.131, the
district of residence shall be required to provide transportation only to
school districts accredited by the state board of education pursuant to
the authority of the state board of education to classify schools as
established in section 161.092, RSMo, and those school districts
designated by the board of education of the district of residence. (L.
1963 p. 200 § 8-24 and p. 335 § 165.143, A.L. 1977 H.B. 130, A.L. 1979
S.B. 318, A.L. 1993 S.B. 380)

(Source: RSMo 1959 § 165.143)

CROSS REFERENCE: Transportation by common carrier for students of schools
for the blind and deaf, RSMo 162.756

When transportation is provided by a district pursuant to law,
the school board shall make all needful rules and regulations for the
transportation of pupils and shall require from every person employed for
that purpose, a reasonable bond conditioned upon the faithful discharge
of his duties as prescribed by the board. Expenses of transportation
shall be paid out of the incidental fund of the district. (L. 1963 p. 200
§ 8-25)

(Source: RSMo 1959 § 165.140)

1. Any local school district offering to all pupils who are
eligible by age pursuant to section 163.017, RSMo a full day of
kindergarten within the school calendar as prepared pursuant to section
171.031, RSMo, shall be eligible for state aid for a program for
developmentally delayed children ages three and four as defined in
section 178.691, RSMo, and for children from at-risk families as defined
in section 167.273. State aid shall be provided for no more than a
half-day program within the district's school calendar. At a minimum such
eligible child shall reach the age of three before the first day of
October prior to the start of the school year. Such program shall
emphasize social skills, physical development and preparation for
kindergarten.

2. The state board of education shall approve such programs and
distribute state aid. (L. 1990 S.B. 740 § 2)

1. A program to provide teacher assistants in regular classrooms
in grades kindergarten through three is established. For the purposes of
this section a "teacher assistant" is defined as a qualified person
employed by a school district to assist a certificated teacher in
classroom instruction and management. No teacher assistant shall be
counted as a teacher for the purposes of establishing ratios of teachers
to pupils in a classroom, school or school district. Any public
elementary school containing such grades which meets the criteria
pursuant to this section shall be eligible for a state financial
supplement to employ teacher assistants. Eligibility criteria are that
the school shall have a breakfast program, the school shall serve at
least forty percent of its lunches to pupils who are eligible for free or
reduced price meals according to federal guidelines, and the school shall
have a reading intervention plan pursuant to section 167.268.

2. A school district which contains such eligible schools may apply to
the department of elementary and secondary education for a state
financial supplement to employ teacher assistants in those schools named
in the application and in no other schools of the district. The state
full-time equivalent financial supplement shall be three thousand dollars
per teacher assistant. No more than one assistant per classroom shall be
supplemented by the state pursuant to this section. Teacher assistants
thus employed pursuant to this section shall assist teachers in grades
kindergarten through three and in no other grades. School districts shall
not apply for or assign teacher assistants employed pursuant to this
section in classrooms designated as special education or compensatory
education classrooms.

3. The state board of education shall promulgate rules and regulations
for the implementation of this section. Such rules shall include
identifying minimum qualifications for teacher assistants which may
include teacher education students, determining the minimum number of
pupils per classroom to be eligible for a teacher assistant, establishing
application procedures for school districts, and determining a method of
awarding state financial supplements in the event that the number of
applications exceeds the amounts appropriated therefor. No rule or
portion of a rule promulgated under the authority of this chapter shall
become effective unless it has been promulgated pursuant to the
provisions of section 536.024, RSMo. (L. 1990 S.B. 740 § 3, A.L. 1993
S.B. 52, A.L. 1995 S.B. 3)

1. A program to provide guidance counselors in grades
kindergarten through nine is established. Any public elementary school,
middle school, junior high school, or combination of such schools,
containing such grades which meet the criteria pursuant to this section
shall be eligible for a state financial supplement to employ a guidance
counselor. Eligibility criteria are: the school shall have a minimum
enrollment of one hundred twenty-five pupils per school site, shall have
a breakfast program, and shall serve at least forty percent of its
lunches to pupils who are eligible for free or reduced price meals
according to federal guidelines.

2. A school district which contains such eligible schools may apply to
the department of elementary and secondary education for a state
financial supplement to employ a guidance counselor in those schools
named in the application and in no other schools of the district. The
state financial supplement shall not exceed ten thousand dollars per
guidance counselor. No more than one guidance counselor per school shall
be supplemented by the state pursuant to this section, except that a
district may apply for an additional guidance counselor if the enrollment
at the school equals four hundred or more pupils. Guidance counselors
thus employed pursuant to this section shall at a minimum engage in
direct counseling activities with the pupils of the school during a
portion of the school day which represents that portion of the guidance
counselor's salary which is supplemented by the state pursuant to this
section.

3. The state board of education shall promulgate rules and regulations
for the implementation of this section. Such rules shall include
identifying any qualifications for guidance counselors which may be in
addition to those promulgated pursuant to section 168.021, RSMo,
establishing application procedures for school districts, determining a
method of awarding state financial supplements in the event that the
number of applications exceeds the amounts appropriated therefor, and
establishing an amount of state financial supplement per guidance
counselor based upon the salary schedule of the district. (L. 1990 S.B.
740 § 4)

1. Each local school district shall have on file a policy for
reading intervention plans for any pupils of the district in grades
kindergarten through three pursuant to the provisions of this section.
Such plans shall identify strategies to be followed by the district
teachers to raise a pupil identified as reading below grade level by
recognized methods to reading at grade level by the end of the third
grade. Recognized methods of identification may include but need not be
limited to the scores of the pupil obtained through any established
standardized testing program currently administered by the district,
observations of classroom teachers, and documented classroom performance.

2. The state board of education shall develop guidelines to assist
districts in formulating policies for reading intervention plans. Such
guidelines may include, but are not limited to, timelines for measuring
pupil improvement in reading, information on screening for and treatment
of auditory dyslexia, and information on the Lindamood Auditory
Conceptualization Test and the Auditory Discrimination in Depth Program.
Such guidelines may also identify performance levels for pupils
identified as handicapped or severely handicapped and conditions under
which such pupils are exempt from the provisions of this section.

3. Each local school district enrolling a pupil identified as reading
below grade level shall develop an individual plan of reading
intervention for such pupil. The individual pupil's plan may include
individual or group reading development activities. The plan may be
developed after consultation with the pupil's parent or legal guardian.
(L. 1990 S.B. 740 § 5)

1. Local school districts are encouraged to offer additional
specialized programs for any pupil who has a high risk of becoming a high
school dropout. Additional financial assistance from state aid provided
by section 167.260 shall be provided to those school districts which
offer such courses. For any programs established pursuant to this
section, such additional state aid shall be distributed according to
rules and regulations developed by the state board of education.

2. The rate of reimbursement to local school districts for specialized
courses of instruction designed to keep high school pupils from dropping
out of school shall be determined on the basis of eight thousand
eighty-three dollars for each full-time teacher who teaches such a course
which is approved by the state department of elementary and secondary
education.

3. A local school district shall be eligible for additional state aid,
subject to appropriation therefor, for a program of alternative education
programs for pregnant teens and teen mothers who are enrolled as pupils
in the district. Such programs may include specialized courses of
instruction established pursuant to subsection 1 of this section and such
supplemental services as the district may establish within guidelines set
by the state board of education to enable teen mothers to complete high
school. For these supplemental services a district may accept funds from
federal, local and private sources as may be available. Two or more
districts may form a consortium to offer these supplemental services. A
district which is not a member of a consortium and which does not offer
these services may contract with a district which does. Such a district
offering such services may waive all or a portion of the tuition for such
a pupil. (L. 1990 S.B. 740 § 6)

A local school district shall be eligible for additional state
aid, subject to appropriations, for a program of parent education
pursuant to sections 178.691 to 178.699, RSMo, which is established in
one or more high schools of the district to serve pregnant teens and teen
parents enrolled as pupils in the district, and for a program of parent
education which is designed to assist at-risk families who exhibit the
characteristics which produce at-risk children. The term "at-risk" is
used to describe those families who exhibit the characteristics which may
produce children likely to drop out of school, which characteristics may
include, but need not be limited to, single parent households, chemical
dependencies, unemployment, low educational attainment of the parent or
parents, numerous family relocations, referral to mental health or social
service agencies, and involvement with the corrections system of this
state; and to describe those children who exhibit the characteristics of
potential school dropouts, which characteristics may include, but need
not be limited to, high absentee rate, high truancy rate, low academic
achievement, referrals to mental health or social services agencies,
recurring discipline problems, and involvement with the juvenile justice
system of this state. (L. 1990 S.B. 740 § 7)

Effective January 1, 1991, all public and nonpublic secondary
schools shall report to the state literacy hot line office in Jefferson
City the name, mailing address and telephone number of all students
sixteen years of age or older who drop out of school for any reason other
than to attend another school, college or university, or enlist in the
armed services. Such reports shall be made either by using the telephone
hot line number or on forms developed by the department of elementary and
secondary education. Upon such notification, the state literacy hot line
office shall contact the student who has been reported and refer that
student to the nearest location that provides adult basic education
instruction leading to the completion of a general educational
development certificate. (L. 1990 S.B. 740 § 8)

The superintendent of schools or other chief school officer of
each local public school district and the chief school officer of any
nonpublic school shall make available to pupils and their parents
information about the various types of financial assistance available to
pursue a postsecondary education at a degree-granting institution. The
commissioner of higher education shall assist such efforts by making
available to schools and pupils information relating to such programs and
assistance. In addition, the commissioner in cooperation with the state
board of education shall provide such other information as is appropriate
to encourage pupils to complete high school and to assist pupils in
preparing to enter a postsecondary degree program. (L. 1990 S.B. 740 § 9)

1. Within the amounts appropriated therefor, the state board of
education shall award funds for the purpose of providing support services
to pupils enrolled in public and nonpublic schools who are identified as
having a high risk of dropping out of school. Such awards shall be made
on a competitive basis to public institutions of higher education or
consortia of public institutions in cooperation with school districts and
not-for-profit community-based organizations. In areas of the state where
public institutions of higher education are unable to provide appropriate
services to high school pupils, the state board may award funds to
not-for-profit community-based organizations in cooperation with school
districts.

2. All applications for funds shall include the following program
elements:

(1) A program for identifying pupils who are at risk of dropping out of
school as measured by academic performance, attendance, discipline
problems, and other factors affecting school performance including, but
not limited to, teenage pregnancy or parenting, residence in a homeless
shelter or other temporary living arrangement, substance abuse, child
abuse or neglect, or limited English proficiency;

(2) A program for encouraging the use of volunteers and promoting parent
involvement as counselors in programs;

(3) A program to provide for continuity of services throughout a pupil's
progression through secondary school.

3. In awarding such funds, the state board shall give priority to
applications that:

(1) Provide services to pupils identified according to criteria
established by the state board of education as in need of assistance;

(2) Replicate model programs of proven effectiveness which the state
board of education has identified and has made available to applicants;

(3) Demonstrate a high level of institutional commitment to programs in
fields of counseling, including education, social work, psychology and
sociology, and the extent to which such institutions shall involve
faculty members and graduate or professional students from such degree
programs;

(4) Demonstrate a high level of commitment to provide services and ensure
continuity of services until such pupils graduate from high school or
receive a high school equivalency diploma.

4. In awarding funds the state board of education may consider any
matching funds that the public institutions of higher education, the
not-for-profit community-based organizations, and the school districts
may contribute, which may include gifts or bequests from private sources,
federal financial aid, or local revenues generated for this purpose.

5. Services for nonpublic school pupils shall be provided at sites other
than sectarian nonpublic schools.

6. Funds available under this section shall be used for compensatory and
support services to pupils who are identified by the schools as being at
risk of dropping out of school. Such services to be provided under this
section may include skills assessment, tutoring, academic and personal
counseling, family counseling and home visits, and staff development
activities for personnel with direct responsibility for such pupils.

7. Allowable costs under this program may include, but need not be
limited to, salaries of personnel including graduate student stipends,
transportation costs for pupils and program personnel, instructional
materials, reimbursement to school districts for release time granted to
employees while participating in the planning and development activities
funded pursuant to this section, training of program personnel, and costs
related directly to administration of the program.

8. The state board of education shall promulgate all rules and
regulations for the implementation of this section. (L. 1990 S.B. 740 §
10)

Sections 167.290 to 167.310 may be cited as the "Extended Day
Child Care Program Act". (L. 1990 S.B. 740 § 12)

As used in sections 167.290 to 167.310, unless the context
clearly requires otherwise, the following terms shall mean:

(1) "Board", the state board of education;

(2) "Contribution", a facility, personnel, transportation, or supplies
that are to be used in operating the program;

(3) "District", a seven-director, urban, or metropolitan school district;

(4) "Facility", a school building or other building owned by the school
district in which an extended day child care program is operated;

(5) "Fund", the extended day child care fund established according to
section 167.296; and

(6) "Program", the extended day child care program established according
to sections 167.290 to 167.310. (L. 1990 S.B. 740 § 13)

1. The extended day child care program is established to assist
any district in establishing before and after school child care programs
for school age children who are enrolled in the district and who are
between the ages of five and fourteen years and child care programs
during school hours for children of students. A district may establish
such a program directly or through contract with any not-for-profit
corporation.

2. The general assembly may make an annual appropriation to the fund
established under section 167.296 for the purpose of providing the
state's portion for the grants to the program.

3. The program shall be administered by the state board of education
according to the provisions of sections 167.290 to 167.310. (L. 1990 S.B.
740 § 14, A.L. 1994 H.B. 1547 & 961)

1. The "Extended Day Child Care Fund" is established in the
state treasury and shall be administered by the department of elementary
and secondary education at the direction of the state board of education.
The fund shall consist of moneys appropriated annually by the general
assembly from general revenue to the fund and any moneys paid into the
state treasury and required by law to be credited to the fund.

2. Moneys in the fund shall be used for grants to districts to provide
extended day child care programs according to the provisions of sections
167.290 to 167.310.

3. Expenses of the department of elementary and secondary education in
administering the program shall be paid from the fund.

4. Any unexpended balance in the fund at the end of each fiscal year
shall be exempt from the provisions of section 33.080, RSMo, relating to
the transfer of unexpended balances to the general revenue fund. (L. 1990
S.B. 740 § 15)

1. The board may promulgate all necessary rules and regulations
for the implementation of sections 167.290 to 167.310, which may include,
but need not be limited to, specifying:

(1) Standards for the hiring of staff for an extended day child care
program or for the contracting by the district with a not-for-profit
corporation for the establishment of such a program;

(2) Cost and expense standards for the establishment and operation of
extended day child care programs within school facilities under various
economic conditions;

(3) Fee schedule guidelines which reflect various economic conditions for
use by programs that are operating under a grant from the fund;

(4) Minimum staff to child ratios for an extended day child care program;

(5) Physical space requirements for a program, including indoor and
outdoor space;

(6) Nutrition requirements for a program;

(7) Standards for the provisions of emergency health services in a
program;

(8) Application guidelines and deadlines; and

(9) A method for establishing priority of applicants in the event the
number of districts applying for grants exceeds the funds available for
distribution in any fiscal year.

2. No rule or portion of a rule promulgated under the authority of this
chapter shall become effective unless it has been promulgated pursuant to
the provisions of section 536.024, RSMo. (L. 1990 S.B. 740 § 16, A.L.
1993 S.B. 52, A.L. 1995 S.B. 3)

1. A district wishing to apply for a grant from the fund shall
apply to the state board of education in the manner prescribed by the
board and shall provide the necessary matching contribution as required
by the board.

2. A district that receives a grant in any fiscal year and wishes to
receive a grant in the succeeding year must reapply in the manner
prescribed by the board. Such application shall be considered by the
board only for the expansion of services.

3. A district that receives a grant from the fund to establish a program
through contract with a not-for-profit corporation shall ensure that such
a corporation meets all of the requirements of sections 167.290 to
167.310. (L. 1990 S.B. 740 § 17)

1. The board shall make grants from the fund to approved
districts for the establishment or expansion of an extended day child
care program. The amount of each grant awarded by the board for
establishment or expansion of a program shall not exceed the monetary
value of the approved applicant's contribution.

2. In awarding grants, the board shall ensure an adequate distribution to
metropolitan, urban and seven-director districts and according to
geographic location throughout the state. (L. 1990 S.B. 740 § 18)

1. The board may approve a grant from the fund to a district if
the district demonstrates to the board that it can:

(1) Provide a physical environment that is safe and appropriate to the
various age levels of the children to be served;

(2) If necessary, provide transportation to and from a school or schools
to the facility operated by the applicant;

(3) Provide program activities that are appropriate to the various age
levels of the children to be served and that meet the developmental needs
of each child;

(4) Provide efficient and effective program administration;

(5) Provide staff that meets the standards set by the board;

(6) Provide for nutritional needs of children enrolled in the program;

(7) Provide emergency health care services to children served by the
program; and

(8) Operate an extended day child care program in accordance with the
cost and expense standards set by the board.

2. No district operating an extended day child care program directly or
through contract with a not-for-profit corporation shall be required to
meet any standards except those of the state board of education
promulgated according to sections 167.290 to 167.310. A district may
voluntarily meet state day care provider licensing requirements
promulgated under chapter 210, RSMo. (L. 1990 S.B. 740 § 19)

1. The board may not approve a grant from the fund to a district
unless the district agrees to adopt the following program enrollment
priorities:

(1) First priority shall be given to programs for children in grades
kindergarten through three;

(2) Second priority shall be given to programs for children in grades
four through six; and

(3) Third priority shall be given to programs for children in grades
seven through nine.

2. The board shall not approve a grant from the fund to a district unless
the district agrees to adopt fee schedule guidelines set by the board
under 167.298, except as provided in this section.

3. A district shall charge a parent or guardian an established fee for
the enrollment of a child in an extended day child care program. A parent
or guardian, who believes his or her income is insufficient to afford the
district's established fee, may apply to the district for a waiver of all
or part of the fee. A district, at its discretion, may waive all or part
of the enrollment fee for a child whose family income is insufficient to
afford the established fee. In waiving all or part of such fees, the
district shall give due consideration to the provisions of section
167.310. (L. 1990 S.B. 740 § 20)

No district applying for funds under sections 167.290 to 167.310
shall require as a condition of employment that any full-time
certificated personnel of the district must participate in any way in the
operation of an extended day child care program in the district. No
full-time certificated personnel employed in a district operating an
extended day child care program shall be prohibited from seeking
employment in such a program. Such requirement or prohibition shall be
grounds for disapproving an application. (L. 1990 S.B. 740 § 21)

A district's extended day child care program shall be
self-supporting. The district may use as funds to support its program
state aid received according to sections 167.290 to 167.310; fees charged
to parents and guardians, except as waived according to section 167.306;
gifts, grants or other bequests from private sources received for the
purposes of sections 167.290 to 167.310; any federal or local government
aid appropriated for the purposes of sections 167.290 to 167.310; or
local district revenues. No district may use for matching funds for
participation in this program or for the operation of an extended day
child care program any state aid received for any other purpose, nor
shall a district use moneys in the teachers' fund for the payment of
salaries to personnel employed in an extended day child care program. (L.
1990 S.B. 740 § 22)

1. Sections 167.320 to 167.332 shall be known and may be cited
as the "Alternative Education Act".

2. As used in sections 167.320 to 167.332, "area vocational learning
center" means a location or locations within a district that has state
board of education designation as an area vocational school district. (L.
1990 S.B. 740 § 23)

There is hereby created and established, subject to the
availability of appropriations made for that purpose, a system of
alternative education for Missouri citizens who qualify under sections
167.320 to 167.332. This system of alternative education shall be
available to any citizen of Missouri who:

(1) Is currently a student in a school system of Missouri and is
experiencing difficulty in academic, disciplinary, social, economic, or
other areas relating to the student's ability to become a productive
member of the work force after graduation, and is identified by the
resident's district as a potential dropout; or

(2) Is currently of an age to qualify for public school enrollment but
has dropped out of school and is willing to reenroll in his resident
district for the purpose of attending alternative education classes; or

(3) Is a graduate of high school or holds an equivalent diploma and is
experiencing difficulty in finding a job or sustaining employment or who
wishes to further his vocational training; or

(4) Does not have a high school diploma or an equivalent diploma and who
is experiencing difficulty in finding a job or sustaining employment or
who wishes to further his vocational training. (L. 1990 S.B. 740 § 24)

1. Area vocational learning centers shall, in addition to any
services currently being provided, provide extended day services for
three hours during the evening or other times convenient to the
qualifying student for the purpose of furnishing alternative education to
those who qualify under sections 167.320 to 167.332 and enroll in such
services.

2. Area vocational learning centers shall be responsible for providing
academic and vocational assessment, which may include, but is not limited
to, use of the Lindamood Auditory Conceptualization Test and Auditory
Discrimination in Depth Program, of those persons who are eligible for
alternative education services under sections 167.320 to 167.332. Area
vocational centers shall also provide career awareness programs and
individual and small group counseling.

3. Basic skills instruction, which may include, but is not limited to,
the use of the Lindamood Auditory Conceptualization Test and Auditory
Discrimination in Depth Program, may be provided by the area vocational
learning centers for students on an individual or small group basis to
ensure success in the student's chosen educational or vocational program.

4. Area vocational learning centers may provide extended services to
students enrolled in the alternative education program, including
assistance in securing employment or continuing education. (L. 1990 S.B.
740 § 25)

Transportation to and from the resident's school to the area
vocational learning center may be provided by the resident school
district and claimed as an allowable reimbursement as otherwise provided
by law. (L. 1990 S.B. 740 § 26)

1. A student who qualifies for alternative education under
section 167.322 and is currently of an age that qualifies him for
enrollment in a public school may attend his traditional high school for
a portion of the day based upon is individual needs and educational plan.

2. A student enrolled in the alternative education program may attend an
area vocational learning center on a full- or part-time basis. (L. 1990
S.B. 740 § 27)

An alternative education program class shall be composed as
nearly as practicable of twenty students during regular school hours and
twenty students during evening or extended hours. Classes shall be
offered during the regular school hours and classes for evening or
extended hours may be for three hours. (L. 1990 S.B. 740 § 28)

1. The department of elementary and secondary education shall
evaluate each alternative education plan and assess the needs of each
area vocational learning center. Each area vocational learning center
shall submit annually to the department of elementary and secondary
education a detailed instruction plan for the implementation and
continuation of the area learning center. For the purposes of receiving
state aid pursuant to section 163.031, RSMo, the resident district shall
count students who qualify under sections 167.320 to 167.332. A student
shall be counted for the period of time he attends the area learning
center to a maximum of six hours per day, even if the hours of attendance
are not within the schedule of the resident district. Additional state
and federal funds appropriated by the general assembly shall be awarded
to the area learning centers as determined by the department of
elementary and secondary education based upon each area learning center's
needs and on the level of the appropriation.

2. Updated instructional plans and year-end student reports shall be
required annually from the area vocational learning centers and shall be
a condition for additional funding. New area vocational learning centers
shall be funded on a priority basis determined by the potential to be
served and the community demand. (L. 1990 S.B. 740 § 29, A.L. 1993 S.B.
380, A.L. 2005 S.B. 287)

*Effective 7-1-06

1. The department of elementary and secondary education shall
evaluate each alternative education plan and assess the needs of each
area vocational learning center. Each area vocational learning center
shall submit annually to the department of elementary and secondary
education a detailed instruction plan for the implementation and
continuation of the area learning center. For the purposes of receiving
state aid pursuant to section 163.031, RSMo, the resident district shall
count students who qualify under sections 167.320 to 167.332. A student
shall be counted for the period of time he attends the area learning
center to a maximum of six hours per day, even if the hours of attendance
are not within the schedule of the resident district. All funds
transmitted to the resident district under section 148.360, RSMo, section
149.015, RSMo, and sections 163.031 and 163.087, RSMo, for the portion of
time the student attends the area learning center, shall be transferred
by the resident district to the area learning center. Additional state
and federal funds appropriated by the general assembly shall be awarded
to the area learning centers as determined by the department of
elementary and secondary education based upon each area learning center's
needs and on the level of the appropriation.

2. Updated instructional plans and year-end student reports shall be
required annually from the area vocational learning centers and shall be
a condition for additional funding. New area vocational learning centers
shall be funded on a priority basis determined by the potential to be
served and the community demand. (L. 1990 S.B. 740 § 29, A.L. 1993 S.B.
380)

*This section was amended by S.B. 287, 2005, effective 7-1-06. Consult
RSMo 2000 for existing section.

1. The state board of education shall establish a program to
award grants to school districts that apply for assistance in providing
alternative educational opportunities for students whose demonstrated
disruptive behavior indicates that they cannot be adequately served in
the traditional classroom setting. The board shall solicit applications
from school districts and shall make grants from funds appropriated for
that purpose in such amounts and on such terms as it determines best
encourages the development of alternative education programs throughout
the state. The board shall give preference to applications that
demonstrate a need for alternative education services and stress:

(1) A comprehensive, kindergarten through grade twelve approach to
preventing problems that result in the need for alternative education
services;

(2) Rigorous instruction in core academic disciplines;

(3) Activities designed to enable the student to better perform in the
regular classroom and to transition students back to the regular
classroom when merited by their performance;

(4) A student-centered approach whereby activities are designed to meet
the particular needs of individual students; and

(5) Collaboration with existing community-based service providers, such
as cooperative education programs, school to work programs, parents-
as-teachers programs, programs developed by the department of economic
development and programs developed by local service delivery agencies,
and other governmental and private agencies to address student needs
beyond those traditionally addressed by schools.

2. School districts may submit joint applications and are encouraged to
pursue regional approaches to alternative education where warranted. Area
vocational learning centers shall be eligible to submit applications and
are encouraged to pursue grants to expand and enhance existing
alternative education programs established pursuant to sections 167.320
to 167.332, provided that any additional activities are compatible with
subdivisions (1) to (5) of subsection 1 of this section. The state board
of education shall adopt rules necessary to implement the grant program
established pursuant to this section, provided that no rule or portion of
a rule promulgated pursuant to this section shall become effective unless
it has been promulgated pursuant to the provisions of section 536.024,
RSMo. (L. 1996 H.B. 1301 & 1298 § 6)

1. The provisions of sections 167.340 to 167.346 shall be known
and may be cited as the "Read to be Ready Program".

2. Beginning July 1, 2000, if a school district provides reading
improvement instruction for students in kindergarten through third grade
who do not meet the district's objectives for reading as demonstrated by
performance on the district's chosen methods of reading assessment, such
students who receive reading improvement instruction pursuant to this
subsection may be counted for additional average daily attendance for
state school aid during their reading improvement instruction time if
such time falls outside normal school hours.

3. Reading improvement instruction may take the form of summer school,
provided that the summer school instruction addresses the reading
deficiency, additional hours of instruction or such other methods as the
district may select including, but not limited to, smaller class sizes,
additional resources including computers, reading specialists, teacher
and administrator training, tutoring, phonics instruction and use of
parents and volunteers. (L. 1999 H.B. 889 § 1)

1. Beginning July 1, 2000, the department of elementary and
secondary education shall provide a four-year competitive matching grant
program at the district and building level to defray the cost of reading
assessment, teacher and administrator training in the use of reading
assessment and in early grade reading intervention strategies, provided
that such intervention strategies give the classroom teacher options for
selecting the method most appropriate for an individual student's needs.
Grants may also be used to expand existing reading instruction
improvement programs. Grants may also be used for explicit phonics
instruction, in any district, consistent with the requirements for the
pilot program established pursuant to section 168.430*.

2. In its grant application the school district shall describe its
current program, at the building level if applicable, of reading
assessment and instruction, show a need for improved assessment and
instructional methods, and explain which assessment and reading
instruction improvement program or programs it will implement under the
grant and how it proposes to judge student progress. Additional priority
shall be given to programs that include a parental involvement component.

3. The grantee pursuant to this section shall show improvement of
students in the reading instruction improvement program after the second
year of the grant to receive funds for years three and four. As part of
the mid-grant progress report, the grantee shall report the progress of
students who are receiving reading improvement instruction as a result of
their performance on the third-grade communication arts assessment. The
grantee shall also report its third grade communication arts assessment
results in the two-year period before the grant and its results during
the first two years of the grant. Performance on the third grade
communication arts assessment may be a factor in the granting or denial
of funds for years three and four, but primary emphasis shall be given to
the plan of reading improvement and the measurements selected by the
grantee.

4. Upon the conclusion of the grant, the department of elementary and
secondary education may, upon demonstration of significant levels of
improvement, from funds appropriated for that purpose, reimburse the
district for its match, with such funds to be returned to the district's
operating funds. The department shall develop rules to determine
significant progress, allowing for flexibility in application to varying
grant projects but supplying rigorous standards so that significant is
understood to mean measurable and meaningful in the context of the
individual grant project.

5. Grants are renewable for an additional four-year term, based in part
upon the results of the first grant. Any reimbursement of a district's
match shall be a one-time payment.

6. Nothing in this act** shall be construed to prohibit the inclusion of
vision- or hearing-impaired students in reading improvement instruction
grant programs appropriate for them. Nothing in this act** shall be
construed to prevent the consideration of a grant application that
focuses on improving reading for vision- or hearing-impaired students.

7. Grants shall be distributed in equal amounts within geographic areas
established proportionately based upon student population; provided that
funds may be reallocated by the department if an area has insufficient
applications or insufficient eligible applications to obligate all funds
for the area. (L. 1999 H.B. 889 § 2)

*Section 170.300 contains requirements for explicit phonics instruction.

**"This act" (H.B. 889, 1999) contained numerous sections. Consult
Disposition of Sections table for a definitive listing.

1. The state board of education shall develop a list of
recommended reading assessments for kindergarten through grade three
pupils by July 1, 2000. Such assessments shall have a demonstrated
effectiveness based on research. The list shall incorporate a variety of
methods and may also include reading improvement programs. The list shall
serve as a guideline for districts choosing reading improvement
assessment and instructional methods pursuant to the grant program
established in section 167.343. Districts are not required to use a
reading assessment from the list developed pursuant to this section. The
department shall review the results of the grants and determine which
reading instruction programs have been particularly effective and use
this information to update its initial list.

2. The state board of education shall develop guidelines to apply reading
assessment results to instructional programs and the training of teachers
and administrators in assisting pupils identified as reading below grade
level.

3. The department of elementary and secondary education shall adopt rules
to implement the provisions of sections 167.340 to 167.346.

4. Any rule or portion of a rule, as that term is defined in section
536.010, RSMo, that is created under the authority delegated in this
section shall become effective only if it complies with and is subject to
all of the provisions of chapter 536, RSMo, and, if applicable, section
536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and
if any of the powers vested with the general assembly pursuant to chapter
536, RSMo, to review, to delay the effective date or to disapprove and
annul a rule are subsequently held unconstitutional, then the grant of
rulemaking authority and any rule proposed or adopted after August 28,
1999, shall be invalid and void. (L. 1999 H.B. 889 § 3)

In any school district to which any provisions of sections
167.340 to 167.346 apply and in which district charter schools may be
established pursuant to section 160.400, RSMo, any state college or
university which provides educational programs to any part of such
district and any campus of the state university located in a county of
the third classification may sponsor one or more charter schools pursuant
to section 160.400, RSMo, and, in addition to the purposes for which
charter schools may be established pursuant to sections 160.400 to
160.420, RSMo, such charter schools may be established to emphasize
remediation of reading deficiencies. (L. 1999 H.B. 889 § 7, A.L. 2005
S.B. 287)

*Effective 7-1-06

In any school district to which any provisions of sections
167.340 to 167.346 apply and in which district charter schools may be
established pursuant to section 160.400, RSMo, any state college or
university which provides educational programs to any part of such
district may sponsor one or more charter schools pursuant to section
160.400, RSMo, and, in addition to the purposes for which charter schools
may be established pursuant to sections 160.400 to 160.420, RSMo, such
charter schools may be established to emphasize remediation of reading
deficiencies. (L. 1999 H.B. 889 § 7)

*This section was amended by S.B. 287, 2005, effective 7-1-06. Consult
RSMo 2000 for existing section.

1. As used in sections 167.600 to 167.621, the following terms
mean:

(1) "Family practitioner", a primary care provider, including a licensed
physician, nurse practitioner or primary care physician sponsor as
defined in subdivision (4) of subsection 1 of section 208.166, RSMo, or a
primary care contracted health provider plan, approved by the parent,
guardian or legal custodian of a school age child pursuant to section
167.611;

(2) "Most accessible care", that care or services which reach the most
children where they normally are during school hours or where children
are most likely to participate with the least obstacles to participation
and may include, but shall not be limited to, private, public or
parochial schools, learning centers, preschools, child care facilities,
common community gathering places, licensed health care facilities,
physicians' offices and community centers and may also include the use of
traveling medical professionals;

(3) "School age children", all children under the age of nineteen without
regard to whether they are currently enrolled in any school and without
regard to what public, private, parochial or home school they may attend;

(4) "School children health services", services, including immunization,
screening for physical or mental disease, disability or injury, treatment
of pathological disease or injury, emergency medical treatment or first
aid, or administration of drugs or treatment as ordered by the child's
family practitioner, provided that the term shall only include the
enumerated services and services directly related to the services
enumerated herein;

(5) "Service area", the public school district, if the school district
elects to be a Medicaid provider, or an area determined by the department
of social services at the time a public school within a school district
elects to be a Medicaid provider.

2. Sections 167.600 to 167.621 shall not be severable from each other.
(L. 1993 H.B. 564 § 1)

Subject to appropriation, the directors of the departments of
health and senior services and social services, in consultation with the
commissioner of education of the department of elementary and secondary
education, may provide grants from the health initiatives fund to assist
public schools, public school districts, or local public health
departments in expanding school children health services for all school
age children. Preference in grants shall be given based on the greater
need for school children health services and the least ability to fund
such services. The directors shall jointly promulgate rules and
regulations governing the grants pursuant to section 192.013, RSMo, and
section 660.017, RSMo. The director of social services may also provide
Medicaid payment incentives. (L. 1993 H.B. 564 § 2)

1. The departments of social services and elementary and
secondary education shall develop a plan to encourage public schools and
school districts to be Medicaid providers and to provide the most
accessible care to school age children. A public school district, or a
public school within any district, may elect to function as and be
compensated for acting as a provider of Medicaid services. Pursuant to
state and federal laws and regulations, a public school or school
district shall, upon such election, provide such Medicaid services to all
Medicaid-eligible school age children located in the service area of the
school or district electing to be a Medicaid provider. The public school
or school district may elect to provide services under subdivision (1) or
(2) of this subsection or to provide services under both subdivisions (1)
and (2). Based upon its election, the public school or school district
shall provide the following Medicaid services:

(1) Early periodic screening, diagnosis, and treatment (EPSDT) services
of the Medicaid program as provided in subdivision (11) of subsection 1
of section 208.152, RSMo, subject to the provisions of section 167.611;

(2) Primary and preventive health care services to school age children
who are eligible for Medicaid services under section 208.151, RSMo,
subject to the provisions of section 167.611.

2. The department of social services and the public school or school
district shall, by written agreement, determine the scope of EPSDT or
primary and preventive health services to be provided by the public
school or school district. The scope of services offered shall be
designed to encourage the public school or school district to participate
as a Medicaid provider.

3. EPSDT services in subdivision (1) of subsection 1 of this section may
be provided by school district personnel.

4. Primary health care services may be provided by:

(1) Federally qualified health centers;

(2) City, county or city and county health departments;

(3) Federally certified rural health clinics; or

(4) Physicians, hospitals, or other licensed providers in the community
in which the school is located. Such services shall be by contract with a
participating school district. A school district shall include provisions
for the maintenance of medical records and other administrative tasks as
are required by the department of social services in contracts executed
under the provisions of this subsection.

5. If a school district is unable to contract for primary health care
services pursuant to subdivisions (1) to (4) of subsection 4 of this
section, then it may employ the appropriate employees and medical
professionals as required by the Medicaid program to provide Medicaid
services. Screening, diagnosis, and treatments performed by school
district employees pursuant to the provisions of this act* shall be
performed under standing orders and protocols of a physician whose
service area encompasses all of or part of the city or county in which
the school is located. (L. 1993 H.B. 564 § 3)

*"This act" (H.B. 564, 1993) contained numerous sections. Consult
Disposition of Sections table for a definitive listing.

1. The director of the department of social services shall at
least annually determine the amount of money each public school district
which elects to participate as a Medicaid provider shall contribute to
underwrite the costs associated with the services provided for in section
167.606. Each public school district shall be provided the assessment for
each school year by the director of the department of social services.
Notice of each district's assessment shall also be provided to the
commissioner of the office of administration.

2. (1) The office of administration, the department of social services
and the department of elementary and secondary education shall develop
procedures whereby public schools or school districts may arrange to have
a portion of the disbursement which they are to receive pursuant to
section 163.031, RSMo, transferred to the health initiatives fund
established in section 191.831, RSMo, for the purpose of earning federal
funds pursuant to the intergovernmental transfer provisions of the
federal Medicaid law, 42 U.S.C. 1396, et seq. The office of
administration, the department of social services and the department of
elementary and secondary education shall promulgate such rules as may be
necessary to implement the provisions of this subsection.

(2) Public schools or school districts participating in this transfer
arrangement shall receive the original transferred amount plus federal
funds. The original transferred amount plus federal funds shall not be
less than two hundred percent of the original transferred amount. The
department of social services shall determine such percentage by a
formula established by rule and regulation.

(3) The original amount transferred on behalf of the school or school
district to the health initiatives fund shall be disbursed pursuant to
section 163.031, RSMo, to the participating school or school district and
shall be deposited by such school or district in the same manner as are
all other moneys disbursed pursuant to section 163.031, RSMo. The federal
funds shall be disbursed to the school or school district directly, shall
not be subject to section 163.031, RSMo, and shall be used for school
health purposes or programs used to generate Medicaid funds.

(4) The procedures developed pursuant to this section shall assure that:

(a) Public schools or school districts shall not receive less money than
they would have otherwise received; and

(b) Nonparticipating public schools or school districts shall not receive
their money at a later time than they would have otherwise received their
money; and

(c) Participating public schools or school districts shall not receive
their money at a later time than they would have otherwise received their
money, except with their express written consent.

3. If a public school or school district which elects to be a Medicaid
provider and to contribute to the costs associated with providing EPSDT
services and enhanced primary and preventive care to Medicaid eligible
children in the service area has a disproportionate number of eligible
resident children not included in the calculation of state funding under
section 163.081, RSMo, then the department of social services shall work
with that public school or school district to ensure the most accessible
care for school age children and the department of social services shall
commit general revenue funds necessary to ensure access to EPSDT services
and primary and preventive health services for all eligible resident
children. The department may also make arrangements with health care
service providers listed in subsection 4 of section 167.606 to assist in
providing such services in the service area. (L. 1993 H.B. 564 § 4)

1. A public school or school district may establish an advisory
committee to review and advise on the services to be offered. Advisory
committees shall be composed of an appropriate mix of parents, teachers,
health professionals, administrators and students. The advisory committee
shall monitor the delivery of services under sections 167.600 to 167.621
and may advise the public school or school district regarding any changes
or improvements in the delivery of services which they believe should be
adopted. Any public school or school district which has existing
committees of similar composition may use those committees for the
purposes established herein in lieu of establishing another advisory
committee.

2. Before providing any services under sections 167.600 to 167.621, the
school, school district, or contractor shall provide each parent or
guardian with a consent form and checklist of services to be provided and
shall request each parent and guardian to specify those services which
may not be provided to his or her child. No services shall be provided
which the parent or guardian has specifically indicated may not be
provided. If the public school or school district elects to include
referral for contraceptive devices and contraceptive drugs in the
services to be provided to children, then the check list shall include a
specific item stating that health services may include referral to the
family practitioner for contraceptive devices and contraceptive drugs. No
referral for contraceptive devices or contraceptive drugs shall be made
unless the parent, guardian or legal custodian affirmatively selects such
services. No service shall be provided nor referral made for services
which are not included in either section 208.152, RSMo, or subdivision
(4) of subsection 1 of section 167.600.

3. School personnel shall make a reasonable effort to identify the family
practitioner for each school age child six years or older by asking the
parent, guardian or legal custodian of the child. The school may also at
this time ask the parent, guardian or legal custodian to identify the
family practitioner for children under age six. The fact that a family
practitioner has a contractual relationship with the public school or
school district shall not prohibit the family practitioner from being
selected by the parent, guardian, or legal custodian to be the designated
family practitioner for his child. If the family does not identify a
family practitioner, the school may not recommend a specific practitioner
or practitioners and shall provide the parent, guardian or legal
custodian a randomly selected list of no fewer than twenty-five or a list
of all family practitioners who practice in the service area. The parent,
guardian or legal custodian may change the selection of the family
practitioner at any time by notice to the school. The school shall also
provide the parent, guardian or legal custodian the opportunity to
provide relevant medical history on the child. At the beginning of each
school year, the school shall make a reasonable effort to update the
information on the family practitioner.

4. Contraceptive devices or contraceptive drugs shall not be provided by
school personnel or their agents. When a child seeks contraceptive
devices or contraceptive drugs, the child shall be referred to the
previously designated family practitioner. (L. 1993 H.B. 564 § 5)

Participating schools and school districts may discontinue their
participation as Medicaid providers at the direction of the local school
district board of education. (L. 1993 H.B. 564 § 6)

Nothing in sections 167.600 to 167.621 shall prohibit schools or
school districts from continuing health or medical services which were
provided by such schools or school districts prior to August 28, 1993.
(L. 1993 H.B. 564 § 7)

When a school or school district enrolls as a Medicaid provider
pursuant to section 167.606 or receives a grant under section 167.603,
the department of social services shall assure that the grants or funds
are used to provide the most accessible care to school age children. No
resident child shall be denied or discriminated against in school
children health services or Medicaid services offered by a school
district or a local health department under sections 167.600 to 167.621
on the grounds that the child regularly attends or does not attend a
public, private, parochial, parish or home school. (L. 1993 H.B. 564 § 8)

1. Persons providing health services under sections 167.600 to
167.621 shall obtain authorization from a parent or guardian of the child
before providing services as provided by section 431.061, RSMo.

2. No employee of any school district may be required to administer
medication or medical services for which the employee is not qualified
according to standard medical practices. No employee who refuses to
violate this provision shall be subject to any disciplinary action for
such refusal. Nothing herein shall be construed to prevent any employee
from providing routine first aid, provided that any employee shall be
held harmless from any liability if such employee is following a proper
procedure adopted by the local school board. (L. 1993 H.B. 564 § 9)

Each school board in the state, if the school district does not
presently have a program as described below, may develop and implement a
program to train the students of the district in the administration of
cardiopulmonary resuscitation and other lifesaving methods, as they
determine best, and may consult the department of public safety, the
state fire marshal's office, the local fire protection authorities, and
others as the board sees fit. The board may make completion of the
program a requirement for graduation. (L. 1996 H.B. 1301 & 1298 § 9)

1. Any board of education of any school district may permit the
self-administration of medication administered by way of a metered-dose
inhaler by a pupil for asthma or other potentially life-threatening
respiratory illnesses provided that:

(1) The parents or guardians of the pupil provide to the board of
education written authorization for the self-administration of medication
and a written medical history of the pupil's experience with the
potentially life-threatening respiratory illness and a plan of action for
addressing any emergency situations that could reasonably be anticipated
as a consequence of administering the medication and having the
potentially life-threatening respiratory illness;

(2) The parents or guardians of the pupil provide to the board of
education written certification from the physician of the pupil that the
pupil has asthma or another potentially life-threatening respiratory
illness and is capable of, and has been instructed in, the proper method
of self-administration of medication and informed of the dangers of
permitting other persons to use medicine prescribed for the pupil;

(3) The board informs the parents or guardians of the pupil in writing
that the district and its employees or agents shall incur no liability as
a result of any injury arising from the self-administration of medication
by the pupil, absent any negligence by the district, its employees or its
agents, or as a result of providing all relevant information provided
pursuant to subdivisions (1) and (2) of this subsection with the school
nurse, absent any negligence by the district, its employees or its
agents, or in the absence of such nurse, to the school administrator;

(4) The parents or guardians of the pupil sign a statement acknowledging
that the district shall incur no liability as a result of any injury
arising from the self-administration of medication by the pupil and that
the parents or guardians shall indemnify and hold harmless the district
and its employees or agents against any claims arising out of the
self-administration of medication by the pupil; and

(5) The permission is effective for the school year for which it is
granted and is renewed for each subsequent school year upon fulfillment
of the requirements of subdivisions (1) through (4) of this subsection.

2. Nothing in this section shall be construed to prevent a school
district from requiring pupils to maintain current duplicate prescription
medications with the school nurse or in the absence of such nurse, the
school administrator.

3. The state board of education shall promulgate such rules and
regulations as it deems necessary to effectuate the purposes of this
section.

4. No rule or portion of a rule promulgated pursuant to the authority of
this section shall become effective unless it has been promulgated
pursuant to the provisions of section 536.024, RSMo. (L. 1996 H.B. 1301 &
1298 § 10)

1. School districts may adopt a policy with regard to student
promotion which may require remediation as a condition of promotion to
the next grade level for any student identified by the district as
failing to master skills and competencies established for that particular
grade level by the district board of education. School districts may also
require parents or guardians of such students to commit to conduct
home-based tutorial activities with their children or, in the case of a
student with disabilities eligible for services pursuant to sections
162.670 to 162.1000, RSMo, the individual education plan shall determine
the nature of parental involvement consistent with the requirements for a
free, appropriate public education.

2. Such remediation shall recognize that different students learn
differently and shall employ methods designed to help these students
achieve at high levels. Such remediation may include, but shall not
necessarily be limited to, a mandatory summer school program focused on
the areas of deficiency or other such activities conducted by the school
district outside of the regular school day. Decisions concerning the
instruction of a child who receives special educational services pursuant
to sections 162.670 to 162.1000, RSMo, shall be made in accordance with
the child's individualized education plan.

3. School districts providing remediation pursuant to this section
outside of the traditional school day may count extra hours of
instruction in the calculation of average daily attendance as defined in
section 163.011, RSMo. (L. 1999 H.B. 889 § 5, subsecs. 1 to 6, A.L. 2001
S.B. 319)

Effective 7-1-01

*Rulemaking authority, see RSMo 105.269

1. For purposes of this section, the following terms mean:

(1) "Reading assessment", a recognized method of judging a student's
reading ability, with results expressed as reading at a particular grade
level. The term reading assessment shall include, but is not limited to,
standard checklists designed for use as a student reads out loud, paper-
and-pencil tests promulgated by nationally recognized organizations and
other recognized methods of determining a student's reading accuracy,
expression, fluency and comprehension in order to make a determination of
the student's grade-level reading ability. Assessments which do not give
a grade-level result may be used in combination with other assessments to
reach a grade-level determination. Districts are encouraged but not
required to select assessment methods identified pursuant to section
167.346. Districts are also encouraged to use multiple methods of
assessment;

(2) "Summer school", for reading instruction purposes, a minimum of forty
hours of reading instruction and practice. A school district may arrange
the hours and days of instruction to coordinate with its regular program
of summer school.

2. For purposes of this section, methods of reading assessment shall be
determined by each school district. Unless a student has been determined
in the current school year to be reading at grade level or above, each
school district shall administer a reading assessment or set of
assessments to each student within forty-five days of the end of the
third- grade year, except that the provisions of this subsection shall
not apply to students receiving special education services under an
individualized education plan pursuant to sections 162.670 to 162.999,
RSMo, to students receiving services pursuant to Section 504 of the
Rehabilitation Act of 1973 whose services plan includes an element
addressing reading or to students determined to have limited English
proficiency or to students who have been determined, prior to the
beginning of any school year, to have a cognitive ability insufficient to
meet the reading requirement set out in this section, provided that
districts shall provide reading improvement plans for students determined
to have such insufficient cognitive ability. The assessment required by
this subsection shall also be required for students who enter a school
district in grades four, five or six unless such student has been
determined in the current school year to be reading at grade level or
above.

3. Beginning with school year 2002-03, for each student whose third-
grade reading assessment determines that such student is reading below
second-grade level, the school district shall design a reading
improvement plan for the student's fourth-grade year. Such reading
improvement plan shall include, at a minimum, thirty hours of additional
reading instruction or practice outside the regular school day during the
fourth-grade year. The school district shall determine the method of
reading instruction necessary to enforce this subsection. The school
district may also require the student to attend summer school for reading
instruction as a condition of promotion to fourth grade. The department
of elementary and secondary education may, from funds appropriated for
the purpose, reimburse school districts for additional instructional
personnel costs incurred in the implementation and execution of the
thirty hours of additional reading instruction minus the revenue
generated by the school district through the foundation formula for the
additional reading instruction average daily attendance.

4. Each student for whom a reading improvement plan has been designed
pursuant to subsection 3 of this section shall be given another reading
assessment, to be administered within forty-five days of the end of such
student's fourth-grade year. If such student is determined to be reading
below third-grade level, the student shall be required to attend summer
school to receive reading instruction. At the end of such summer school
instruction, such student shall be given another reading assessment. If
such student is determined to be reading below third-grade level, the
district shall notify the student's parents or guardians, and the student
shall not be promoted to fifth grade. No student shall be denied
promotion more than once solely for inability to meet the reading
standards set out in this section.

5. The process described in subsections 3 and 4 of this section shall be
repeated as necessary through the end of the sixth grade, with the target
grade level rising accordingly. Mandatory retention in grade shall not
apply to grades subsequent to fourth grade.

6. The mandatory process of additional reading instruction pursuant to
this section shall cease at the end of the sixth grade. The permanent
record of students who are determined to be reading below the fifth-grade
level at the end of sixth grade shall carry a notation advising that such
student has not met minimal reading standards. The notation shall stay on
the student's record until such time as the district determines that a
student has met minimal reading standards.

7. Each school district shall be required to offer summer school reading
instruction to any student with a reading improvement plan. Districts may
fulfill the requirement of this section through cooperative arrangements
with neighboring districts; provided that such districts shall timely
make all payments provided pursuant to such cooperative agreements.

8. A school district may adopt a policy that requires retention in grade
of any student who has been determined to require summer school
instruction in reading and who does not fulfill the summer school
attendance requirement.

9. Nothing in this section shall preclude a school district from
retaining any student in grade when a determination is made in accordance
with district policy that retention is in the best interests of the
student.

10. The state board of education shall not incorporate information about
the number of students receiving additional instruction pursuant to this
section into any element of any standard of the Missouri school
improvement program or its successor accreditation program; provided,
however, each district shall make available, upon the request of any
parent, patron, or media outlet within the district, the number and
percentage of students receiving remediation pursuant to this section.
The information shall be presented in a way that does not permit personal
identification of any student or educational personnel.

11. Each school district shall make a systematic effort to inform parents
of the methods and materials used to teach reading in kindergarten
through fourth grade, in terms understandable to a layperson and shall
similarly inform parents of students for whom a reading improvement plan
is required pursuant to this section. (L. 1999 H.B. 889 § 9, A.L. 2001
S.B. 319)

Effective 7-1-01

1. There is hereby established within the department of
elementary and secondary education the "After- School Retreat Reading and
Assessment Grant Program". Beginning with the 2002-03 school year, the
program shall award grants to schools on a competitive grant basis.
School districts may develop after-school reading and assessment programs
and submit proposals to the department, pursuant to criteria established
by the department for grant approval and on forms promulgated by the
department for grant applications. Copies of the criteria established
pursuant to this section shall be provided by the department to all
school districts in this state. In awarding such grants, the department
shall grant preference to school districts with a higher percentage of
at-risk students, as the department may determine. In addition, the
criteria for grant approval by the department may include, but shall not
be limited to:

(1) The development of programs which are educational in nature, with
emphasis in reading and student assessment thereof as opposed to day-care
oriented programs; or

(2) Other criteria as the department may deem appropriate.

2. Subject to appropriation, beginning with the 2002-03 school year, the
department shall award grants to school districts for the development and
implementation of after-school retreat programs consistent with this
section. In the event that the appropriations or other moneys available
for such grants are less than the amount necessary to fully fund all
approved grants for the 2002-03 school year or any subsequent school
year, the moneys shall be distributed to approved schools on a pro rata
basis.

3. There is hereby created in the state treasury the "After-School
Retreat Reading and Assessment Grant Program Fund". The fund shall be
administered by the department. The fund shall consist of moneys
appropriated annually by the general assembly from general revenue to
such fund, any moneys paid into the state treasury and required by law to
be credited to such fund and any gifts, bequests or donations to such
fund. The fund shall be kept separate and apart from all other moneys in
the state treasury and shall be paid out by the state treasurer pursuant
to chapter 33, RSMo. Notwithstanding the provisions of section 33.080,
RSMo, to the contrary, moneys in the fund at the end of the biennium
shall not be transferred to the credit of the general revenue fund. All
interest and moneys earned on the fund shall be credited to the fund.

4. No rule or portion of a rule promulgated pursuant to this section
shall take effect unless such rule has been promulgated pursuant to
chapter 536, RSMo. (L. 2001 S.B. 319)

Effective 7-1-01

1. The state board shall, in consultation with the boards of
education of school districts, educational personnel, local associations,
and organizations of parents whose children are enrolled in public
schools throughout this state and individual parents and legal guardians
whose children are enrolled in public schools throughout this state,
adopt a policy by December 1, 2005, which encourages effective
involvement by parents and families in support of their children and the
education of their children. The policy adopted by the state board must
be considered when the board:

(1) Consults with the boards of education of school districts in the
adoption of policies pursuant to subsection 3 of this section; and

(2) Interacts with school districts, public schools, educational
personnel, parents and legal guardians of pupils, and members of the
general public in carrying out its duties pursuant to this title.

2. The policy adopted by the state board pursuant to subsection 1 of this
section must include the following elements and goals:

(1) Promotion of regular, two-way, meaningful communication between home
and school;

(2) Promotion and support of responsible parenting;

(3) Recognition of the fact that parents and families play an integral
role in assisting their children to learn;

(4) Promotion of a safe and open atmosphere for parents and families to
visit the school that their children attend and active solicitation of
parental and familial support and assistance for school programs;

(5) Inclusion of parents as full partners in decisions affecting their
children and families; and

(6) Availability of community resources to strengthen and promote school
programs, family practices, and the achievement of pupils.

3. The board of education of each school district shall, in consultation
with the state board, educational personnel, local associations, and
organizations of parents whose children are enrolled in public schools of
the school district and individual parents and legal guardians whose
children are enrolled in public schools of the school district, adopt
policies no later than March 1, 2006, which encourage effective
involvement by parents and families in support of their children and the
education of their children. The policies adopted pursuant to this
subsection must:

(1) Be consistent, to the extent applicable, with the policy adopted by
the state board pursuant to subsection 1 of this section; and

(2) Include the elements and goals specified in subsection 2 of this
section.

4. The state board and the board of trustees of each school district
shall, at least once each year, review and amend their respective
policies as necessary. (L. 2005 S.B. 480)

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