Text of MO SB 902 (2024)

EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted and is intended to be omitted in the law. SECOND REGULAR SESSION SENATE BILL NO. 902 102ND GENERAL ASSEMBLY INTRODUCED BY SENATOR SCHROER. 3790S.01I KRISTINA MARTIN, Secretary AN ACT To repeal sections 135.714, 161.092, 161.670, 162.996, 162.1250, 166.700, 167.031, 167.042, 167.061, 167.071, 167.600, 167.619, 210.167, 210.211, 211.031, and 452.375, RSMo, and to enact in lieu thereof twenty-five new sections relating to elementary and secondary education, with penalty provisions. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Sections 135.714, 161.092, 161.670, 162.996, 1 162.1250, 166.700, 167.031, 167.042, 167.061, 167.071, 167.600, 2 167.619, 210.167, 210.211, 211.031, and 452.375, RSMo, are 3 repealed and twenty-five new sections enacted in lieu thereof, 4 to be known as sections 135.714, 160.423, 160.2900, 160.2902, 5 160.2904, 160.2906, 160.3250, 161.092, 161.670, 161.851, 6 161.852, 161.853, 162.996, 162.1250, 166.700, 167.031, 167.061, 7 167.600, 167.619, 167.790, 170.355, 210.167, 210.211, 211.031, 8 and 452.375, to read as follows: 9 135.714. 1. Each educational assistance organization 1 shall: 2 (1) Notify the state treasurer of its intent to 3 provide scholarship accounts to qualified students; 4 (2) Demonstrate to the state treasurer that it is 5 exempt from federal income tax under Section 501(c)(3) of 6 the Internal Revenue Code of 1986, as amended; 7 (3) Provide a state treasurer-approved receipt to 8 taxpayers for contributions made to the organization; 9 SB 902 2 (4) Ensure that grants are distributed to scholarship 10 accounts of qualified students in the following order: 11 (a) Qualified students that have an approved 12 "individualized education plan" (IEP) developed under the 13 federal Individuals with Disabilities Education Act (IDEA), 14 20 U.S.C. Section 1400, et seq., as amended, or qualified 15 students living in a household whose total annual income 16 does not exceed an amount equal to one hundred percent of 17 the income standard used to qualify for free and reduced 18 price lunches; 19 (b) Qualified students living in a household whose 20 total annual income does not exceed an amount equal to two 21 hundred percent of the income standard used to qualify for 22 free and reduced price lunches; and 23 (c) All other qualified students; 24 (5) Ensure that: 25 (a) One hundred percent of its revenues from interest 26 or investments is spent on scholarship accounts; 27 (b) At least ninety percent of its revenues from 28 qualifying contributions is spent on scholarship accounts; 29 and 30 (c) Marketing and administrative expenses do not 31 exceed the following limits of its remaining revenue from 32 contributions: 33 a. Ten percent for the first two hundred fifty 34 thousand dollars; 35 b. Eight percent for the next five hundred thousand 36 dollars; and 37 c. Three percent thereafter; 38 (6) Distribute scholarship account payments either 39 four times per year or in a single lump sum at the beginning 40 of the year as requested by the parent of a qualified 41 SB 902 3 student, not to exceed a total grant amount equal to [the 42 state adequacy target as defined in section 163.011] ninety 43 percent of the previous year's statewide average per-pupil 44 funding allocated to school districts pursuant to the 45 provisions of chapter 163 and calculated by the department 46 of elementary and secondary education, in the form of a 47 deposit into the scholarship account of the qualified 48 student; 49 (7) Provide the state treasurer, upon request, with 50 criminal background checks on all its employees and board 51 members and exclude from employment or governance any 52 individual who might reasonably pose a risk to the 53 appropriate use of contributed funds; 54 (8) Demonstrate its financial accountability by: 55 (a) Submitting to the state treasurer annual audit 56 financial statements by a certified public accountant within 57 six months of the end of the educational assistance 58 organization's fiscal year; and 59 (b) Having an auditor certify that the report is free 60 of material misstatements; and 61 (9) Ensure that participating students who are not 62 required to participate in statewide assessments pursuant to 63 the provisions of section 160.518 are given the opportunity 64 to choose to take the state achievement tests or nationally 65 norm-referenced tests that measure learning gains in math 66 and English language arts, and provide for value-added 67 assessment, in grades that require testing under the 68 statewide assessment system set forth in section 160.518; 69 (10) Allow costs of the testing requirements to be 70 covered by the scholarships distributed by the educational 71 assistance organization; 72 SB 902 4 (11) Provide the parents of each student who was 73 tested with a copy of the results of the tests on an annual 74 basis, beginning with the first year of testing; 75 (12) Provide the test results to the state treasurer 76 on an annual basis, beginning with the first year of testing; 77 (13) Report student information that would allow the 78 state treasurer to aggregate data by grade level, gender, 79 family income level, and race; 80 (14) Provide rates of high school graduation, college 81 attendance, and college graduation for participating 82 students to the state treasurer in a manner consistent with 83 nationally recognized standards; 84 (15) Provide to the state treasurer the results from 85 an annual parental satisfaction survey, including 86 information about the number of years that the parent's 87 child has participated in the scholarship program. The 88 annual satisfaction survey shall ask parents of scholarship 89 students to express: 90 (a) Their level of satisfaction with the child's 91 academic achievement, including academic achievement at the 92 schools the child attends through the scholarship program 93 versus academic achievement at the school previously 94 attended; 95 (b) Their level of satisfaction with school safety at 96 the schools the child attends through the scholarship 97 program versus safety at the schools previously attended; 98 (16) Demonstrate its financial viability, if it is to 99 receive donations of fifty thousand dollars or more during 100 the school year, by filing with the state treasurer before 101 the start of the school year a surety bond payable to the 102 state in an amount equal to the aggregate amount of 103 contributions expected to be received during the school year 104 SB 902 5 or other financial information that demonstrates the 105 financial viability of the educational assistance 106 organization. 107 2. The annual audit required under this section shall 108 include: 109 (1) The name and address of the educational assistance 110 organization; 111 (2) The name and address of each qualified student for 112 whom a parent opened a scholarship account with the 113 organization; 114 (3) The total number and total dollar amount of 115 contributions received during the previous calendar year; and 116 (4) The total number and total dollar amount of 117 scholarship accounts opened during the previous calendar 118 year. 119 3. The state treasurer shall: 120 (1) Ensure compliance with all student privacy laws 121 for data in the state treasurer's possession; 122 (2) Collect all test results; 123 (3) Provide the test results and associated learning 124 gains to the public via a state website after the third year 125 of test and test-related data collection. The findings 126 shall be aggregated by the students' grade level, gender, 127 family income level, number of years of participation in the 128 scholarship program, and race; and 129 (4) Provide graduation rates to the public via a state 130 website after the third year of test and test-related data 131 collection. 132 4. An educational assistance organization may contract 133 with private financial management firms to manage 134 scholarship accounts with the supervision of the state 135 treasurer. 136 SB 902 6 160.423. 1. Each charter school sponsor shall provide 1 an annual accreditation status for each school based on 2 policies adopted by the sponsor that are consistent with 3 standards for accreditation by the state board of education 4 for the public schools of the state as provided by statute. 5 2. Each sponsor shall annually, prior to July 1st, 6 determine the annual accreditation status for each school it 7 sponsors based on verified accreditation data from the 8 previous school year. The annual accreditation status shall 9 be based on compliance with best practice standards. 10 3. As used in this section, the term "best practice 11 standards" shall mean standards that address accepted 12 educational principles and practices believed to promote 13 educational quality. Such standards shall address the areas 14 of legal compliance with Missouri law, leadership stability, 15 the existence and performance of any parent education 16 program at the school, the financial condition of the 17 school, the existence and implementation of any teacher or 18 administrator standards, any effective instructional 19 practices utilized by the school. 20 4. After the annual assignment of a school's 21 accreditation status, the sponsor shall monitor each school 22 it sponsors to determine the status of the school for the 23 upcoming school year. 24 (1) If the sponsor determines during the course of the 25 school year that a school may be in violation of a best 26 practice standard, the sponsor shall notify the governing 27 body of the school and the school's chief executive officer. 28 (2) The school shall be given forty-five calendar days 29 from the date of receiving the notification to provide a 30 response to the sponsor regarding the alleged violation, 31 SB 902 7 including any plan of action to correct the violation or 32 refutation of the alleged violation. 33 5. Each school shall be assigned an annual 34 accreditation status based on a determination by the sponsor 35 of the school's compliance with any policies of the sponsor 36 adopted under subsection 1 of this section. 37 (1) Any school that complies with all such policies 38 shall be classified as accredited. 39 (2) Any school that fails to comply with all such 40 policies shall be classified as provisionally accredited and 41 shall be required to develop and implement an improvement 42 plan, to be filed with the sponsor, that sets forth specific 43 time lines and courses of action to address the deficiencies. 44 (3) Any school that fails to comply with its 45 improvement plan as described in subdivision (2) of this 46 subsection before the start of the next school year shall be 47 classified as unaccredited. The sponsor may also classify 48 any school as unaccredited if the sponsor finds that the 49 severity of the violation of any such policy warrants 50 classification as unaccredited. 51 160.2900. 1. The state board of education shall 1 develop a simplified annual school report card for each 2 local education agency for the purpose of providing 3 information about the local education agency's academic 4 performance in accordance with the provisions of this 5 section. 6 2. The state board shall assign the duties of 7 implementing the provisions of this section to the 8 department of elementary and secondary education or may 9 contract with a private entity in accordance with the 10 provisions of chapter 34. 11 SB 902 8 3. The state board shall assign each local education 12 agency one of the following grades: 13 (1) "A", those local education agencies producing 14 excellent student achievement and progress; 15 (2) "B", those local education agencies producing 16 above average student achievement and progress; 17 (3) "C", those local education agencies producing 18 satisfactory student achievement and progress; 19 (4) "D", those local education agencies producing less 20 than satisfactory student achievement and progress; and 21 (5) "F", those local education agencies failing to 22 produce adequate student achievement and progress. 23 4. (1) Each public school and charter school that has 24 students who are enrolled in the school for the full 25 academic year and tested on the statewide annual assessment 26 shall earn a school grade, provided that such school shall 27 not earn a school grade if the percent of students tested is 28 greater than ninety-five percent, but the number of students 29 tested is less than ten. 30 (2) A local education agency shall test at least 31 ninety-five percent of its students on the statewide annual 32 assessment in order to earn a grade of A, B, C, or D. Any 33 local education agency that does not test at least ninety- 34 five percent of its students shall have its grade lowered by 35 one letter. 36 (3) The state board may create, by rule, additional 37 incentives for local education agencies that receive a grade 38 of A, or that improve by at least two grade levels over a 39 three-year period. 40 5. A local education agency's grade shall be based on 41 the following factors: 42 SB 902 9 (1) The percent of students scoring at proficient or 43 higher on the annual statewide assessment for all students 44 in English language arts, mathematics, and science; 45 (2) The percent of students making growth towards 46 proficiency, or advanced proficiency for students already 47 proficient, for all students as measured by the annual 48 statewide assessments in English language arts and 49 mathematics; 50 (3) The percent of students making growth towards 51 proficiency for the students who scored in the basic or 52 below basic categories on the annual statewide assessment in 53 English language arts and mathematics; 54 (4) For high schools, the percent of students earning 55 a standard high school diploma in four years; 56 (5) College and career acceleration, as determined by 57 the department of elementary and secondary education 58 calculation methods, including consideration of advanced 59 placement scores of 3 or greater, International 60 Baccalaureate program credit scores of 4 or greater, dual 61 enrollment in core subjects with C course grade or higher, 62 passing an industry recognized credential or career 63 technical education certificate, completion of an early 64 college or associate degree, completion of stackable 65 credentials, and professional internships; 66 (6) College and career readiness. A career readiness 67 assessment score that meets the state standard, a 68 combination of a college readiness assessment score that 69 meets the state standard and advanced credit that meets the 70 state standard, confirmed postsecondary employment, college 71 application, other postsecondary training, or military 72 commitment, or other department-approved work readiness 73 measures. The state standard shall be determined and 74 SB 902 10 promulgated through the rule-making process by the 75 department; and 76 (7) The grade assigned to elementary and middle 77 schools shall be based on a balance of overall student 78 achievement and growth, with growth divided evenly between 79 the growth of all students and the growth of the students in 80 the school who scored in the basic or below basic 81 categories. For high schools, proficiency shall be weighted 82 more than growth and graduation rate should be a factor of 83 no more than ten percent of the overall calculation. 84 6. Student assessment data utilized in determining the 85 local education agency grade shall include the following: 86 (1) The scores of all students enrolled in the local 87 education agency for a full academic year on the statewide 88 assessment; 89 (2) The growth scores of all students enrolled in the 90 local education agency on the statewide assessment comparing 91 the current school year scores against the prior school year 92 scores; 93 (3) The growth scores of students enrolled in the 94 local education agency who scored in the basic or below 95 basic categories on the statewide assessment in English 96 language arts and mathematics in the current year as 97 compared to such scores in the prior school year. 98 7. (1) The department shall promulgate rules to 99 develop the methodology for local education agencies to earn 100 each letter grade, provided that local education agency 101 complies with section 160.2902 and the scale for assigning 102 such grade shall be based on a zero to one hundred scale. 103 (2) In any year in which sixty-five percent or more of 104 the local education agencies, in the aggregate, earn a grade 105 of A or B, the department shall raise the scale required to 106 SB 902 11 earn a school grade by five percent for the following year 107 until the scale reaches the level where an A grade equals 108 ninety to one hundred percent, a B grade equals eighty to 109 eighty-nine percent, a C grade equals seventy to seventy- 110 nine percent, a D grade equals sixty to sixty-nine percent, 111 and an F grade is fifty-nine percent and below. 112 (3) The department shall develop a system of providing 113 awards to local education agencies that annually improve by 114 at least one letter grade and for local education agencies 115 that earn the A grade. 116 8. As used in sections 160.2900 to 160.2906, the term 117 "local education agency" shall include a school district, a 118 public school, and a public charter school. 119 9. The department of elementary and secondary 120 education shall promulgate rules to effectuate the 121 provisions of this section. Any rule or portion of a rule, 122 as that term is defined in section 536.010, that is created 123 under the authority delegated in this section shall become 124 effective only if it complies with and is subject to all of 125 the provisions of chapter 536 and, if applicable, section 126 536.028. This section and chapter 536 are nonseverable and 127 if any of the powers vested with the general assembly 128 pursuant to chapter 536 to review, to delay the effective 129 date, or to disapprove and annul a rule are subsequently 130 held unconstitutional, then the grant of rulemaking 131 authority and any rule proposed or adopted after August 28, 132 2024, shall be invalid and void. 133 160.2902. 1. In determining the grade to be assigned 1 to each local education agency under section 160.2900, the 2 department of elementary and secondary education shall 3 promulgate rules consistent with this section that encompass 4 a local education agency's achievement, growth, as 5 SB 902 12 determined in subsection 2 of this section, graduation 6 rates, and college and career readiness of its students. 7 (1) The achievement levels of each student shall be 8 distinguished between the categories of proficient, 9 advanced, basic, and below basic. 10 (2) For elementary and middle schools, the assessment 11 of growth and achievement shall be weighted at no less than 12 ninety percent of the total letter grade assigned to the 13 school. 14 (3) For high schools, the assessment of achievement 15 shall be weighted at fifty percent of the total letter grade 16 assigned to the school. 17 (4) In assessing graduation rates of a local education 18 agency, each school district and charter school shall ensure 19 that all students in a four-year cohort successfully 20 complete high school. Graduation rates shall not exceed ten 21 percent of the total letter grade assigned to the local 22 education agency. 23 (5) The department shall create a high school college 24 and career readiness measure that is based on statistical 25 models that identify schools' contributions to students' 26 long-term outcomes separately from other factors such as 27 prior achievement and demographic characteristics. This 28 model shall be designed to allow for fair comparisons of 29 schools that serve different student populations. 30 (6) The department shall calculate the college and 31 career readiness of students for each school and school 32 district by consideration of advanced placement scores of 3 33 or greater, International Baccalaureate program credit 34 scores of 4 or greater, dual enrollment in core subjects 35 with C course grade or higher, passing an industry 36 recognized credential or career technical education 37 SB 902 13 certificate, completion of an early college or associate 38 degree, completion of stackable credentials, professional 39 internships, and a career readiness assessment score that 40 meets the state standard, a combination of a college 41 readiness assessment score that meets the state standard and 42 advanced credit that meets the state standard, confirmed 43 postsecondary employment, college application, other 44 postsecondary training, or military commitment, or other 45 department-approved work readiness measures. College and 46 career readiness shall account for forty percent of the 47 total letter grade assigned to the local education agency. 48 2. The department shall calculate the growth of a 49 local education agency as provided by this subsection. 50 (1) Growth shall be defined as the change in the 51 scaled score for a student from one school year to the next 52 school year on the Missouri state assessment program by 53 subject area. 54 (2) Growth shall be calculated from year to year using 55 a criterion-based method. Schools will be credited with 56 growth for the change in scaled score for each student from 57 year to year. 58 (3) An increase in the performance level of a student, 59 as determined by metrics promulgated by rule by the 60 department, shall be considered as positive growth, 61 regardless of any change in the scaled score of the student. 62 (4) If a student is considered advanced and stays 63 advanced from one year to the next year, but the student's 64 scaled score declines, then the student shall not be 65 included in determining the local education agency's growth 66 score. 67 (5) If a student decreases in performance level, as 68 determined by metrics promulgated by rule by the department, 69 SB 902 14 regardless of a change in scaled score, then the student 70 shall be considered as declining in determining the local 71 education agency's growth score. 72 3. Not later than the start of the 2026 school year, 73 the department of elementary and secondary education shall 74 implement a growth model that meets the provisions of this 75 section and shall make such model available to each local 76 education agency in this state. 77 4. The department of elementary and secondary 78 education shall promulgate rules to effectuate the 79 provisions of this section. Any rule or portion of a rule, 80 as that term is defined in section 536.010, that is created 81 under the authority delegated in this section shall become 82 effective only if it complies with and is subject to all of 83 the provisions of chapter 536 and, if applicable, section 84 536.028. This section and chapter 536 are nonseverable and 85 if any of the powers vested with the general assembly 86 pursuant to chapter 536 to review, to delay the effective 87 date, or to disapprove and annul a rule are subsequently 88 held unconstitutional, then the grant of rulemaking 89 authority and any rule proposed or adopted after August 28, 90 2024, shall be invalid and void. 91 160.2904. 1. The provisions of this section shall 1 apply to any local education agency subject to the 2 provisions of sections 160.2900 and 160.2902. For charter 3 local education agencies, the sponsor shall be the 4 authorized entity, and for district local education 5 agencies, the department of elementary and secondary 6 education shall be the authorized entity. 7 2. If a local education agency earns a letter grade of 8 D or F for a school year, the authorized entity shall 9 provide the local education agency with a list of 10 SB 902 15 organizations that can provide specific, evidence-based 11 turnaround services. 12 (1) The local education agency shall work with the 13 authorized entity to choose a potential partner from a 14 repository of authorized entity-approved organizations and 15 implement a criterion-based plan for improvement that is 16 approved by the authorized entity after presentation of the 17 plan to the authorized entity board. 18 (2) Upon request of the local education agency, school 19 improvement funds may be allocated by the department upon 20 choosing a partner and development of an improvement plan. 21 3. If a local education agency earns a letter grade of 22 D or F for three consecutive school years, students shall 23 have the option of transferring out of the school or 24 district to any nonresident school or district. 25 (1) Students who apply to attend a nonresident school 26 that has an academic or competitive entrance process shall 27 provide proof that they meet the admission requirements. 28 (2) Students may complete all remaining school years 29 in their nonresident school. 30 4. Notwithstanding any provision of law to the 31 contrary, if a local education agency earns a letter grade 32 of D or F for four consecutive school years, the authorized 33 entity shall choose a managing partner to lead a 34 reorganization of the local education agency. The partner 35 shall have authority over personnel, curriculum, the school 36 year calendar, and assessments of students. 37 5. If a local education agency earns a letter grade of 38 D or F for five consecutive school years, the authorized 39 entity shall consider school closures. The authorized 40 entity shall consider closures based on proximity of the 41 school to other local education agencies and schools in the 42 SB 902 16 area. The authorized entity shall also consider the 43 performance of the partner described in subsection 2 of this 44 section that has led the reorganization during the previous 45 year. 46 160.2906. The department of elementary and secondary 1 education shall prepare annual reports of the results of the 2 accountability measures described in subsection 2 of section 3 161.092, section 160.423, and sections 160.2900 to 160.2904 4 to describe student achievement in the state and all local 5 education agencies. The department, with input from the 6 school districts, public charter schools, parents, and 7 community stakeholders, shall design these reports, which 8 shall include, without limitation, the local education 9 agency's grade, an explanation of school performance on all 10 accountability measures, descriptions of the performance of 11 all schools participating in the statewide assessment 12 program and all their major student populations as 13 determined by the department, and information regarding 14 school improvement. The provisions of Family Educational 15 Rights and Privacy Act, 20 U.S.C. 1232g, pertaining to 16 student records and any similar state law shall apply to 17 this section. The department, on its website, shall publish 18 each local education agency's report card annually, and the 19 local education agency shall provide the school report card 20 to each parent no later than one month prior to the 21 beginning of the next school year. 22 160.3250. 1. Every public school district and public 1 charter school in the state shall develop and maintain a 2 comprehensive school safety plan that addresses various 3 aspects of school safety, including, but not limited to, 4 emergency response procedures, crisis management, prevention 5 of safety risks, and communication protocols. A school 6 SB 902 17 safety plan shall be developed in collaboration with local 7 law enforcement, fire department, and emergency management 8 officials. Notwithstanding any provision of chapter 610 to 9 the contrary, a school safety plan shall not be considered a 10 public record and shall not be available for public 11 examination. 12 2. To assist in the development of a school safety 13 plan, a school district or charter school shall conduct a 14 comprehensive school safety assessment every three years to 15 assess the safety, security, accessibility, and emergency 16 preparedness of school buildings and grounds. The school 17 safety assessment shall be conducted in collaboration with 18 local law enforcement, fire department, and emergency 19 management officials. 20 3. A comprehensive school safety assessment shall be 21 conducted by more than one individual, including at least 22 one individual who is not assigned to the facility being 23 assessed, if the assessment is conducted by school district 24 or charter school personnel. 25 4. A comprehensive school safety assessment shall 26 include, at minimum, an assessment of each of the following: 27 (1) Safety and security of the site and exterior of 28 all school buildings; 29 (2) Safety and security of the interior of all school 30 buildings; 31 (3) Emergency response procedures; 32 (4) Crisis management plans; 33 (5) Identification and prevention of security risks 34 that threaten the safety of students and staff; 35 (6) Access controls, including visitor management 36 systems and protocols and the safety of school doors, 37 locking devices, intercom or buzzer systems, and vestibules; 38 SB 902 18 (7) Monitoring and surveillance systems, including 39 video surveillance equipment used to monitor school 40 buildings and buses, and building security systems, 41 including intruder alarms; 42 (8) Communication protocols and information security; 43 (9) Procedures for continuous review and improvement 44 of emergency operation plans; and 45 (10) School climate and culture. 46 5. The initial comprehensive school safety assessment 47 for each school district and charter school shall be 48 completed by July 1, 2026. 49 6. The department of elementary and secondary 50 education shall promulgate rules to implement the provisions 51 of this section. Such rules shall specify how the 52 department shall verify the completion of the school safety 53 assessments and collaboration with local law enforcement, 54 fire department, and emergency management officials. Any 55 rule or portion of a rule, as that term is defined in 56 section 536.010, that is created under the authority 57 delegated in this section shall become effective only if it 58 complies with and is subject to all of the provisions of 59 chapter 536 and, if applicable, section 536.028. This 60 section and chapter 536 are nonseverable and if any of the 61 powers vested with the general assembly pursuant to chapter 62 536 to review, to delay the effective date, or to disapprove 63 and annul a rule are subsequently held unconstitutional, 64 then the grant of rulemaking authority and any rule proposed 65 or adopted after August 28, 2024, shall be invalid and void. 66 161.092. 1. The state board of education shall: 1 (1) Adopt rules governing its own proceedings and 2 formulate policies for the guidance of the commissioner of 3 SB 902 19 education and the department of elementary and secondary 4 education; 5 (2) Carry out the educational policies of the state 6 relating to public schools that are provided by law and 7 supervise instruction in the public schools; 8 (3) Direct the investment of all moneys received by 9 the state to be applied to the capital of any permanent fund 10 established for the support of public education within the 11 jurisdiction of the department of elementary and secondary 12 education and see that the funds are applied to the branches 13 of educational interest of the state that by grant, gift, 14 devise or law they were originally intended, and if 15 necessary institute suit for and collect the funds and 16 return them to their legitimate channels; 17 (4) Cause to be assembled information which will 18 reflect continuously the condition and management of the 19 public schools of the state; 20 (5) Require of county clerks or treasurers, boards of 21 education or other school officers, recorders and treasurers 22 of cities, towns and villages, copies of all records 23 required to be made by them and all other information in 24 relation to the funds and condition of schools and the 25 management thereof that is deemed necessary; 26 (6) Provide blanks suitable for use by officials in 27 reporting the information required by the board; 28 (7) When conditions demand, cause the laws relating to 29 schools to be published in a separate volume, with pertinent 30 notes and comments, for the guidance of those charged with 31 the execution of the laws; 32 (8) Grant, without fee except as provided in section 33 168.021, certificates of qualification and licenses to teach 34 in any of the public schools of the state, establish 35 SB 902 20 requirements therefor, formulate regulations governing the 36 issuance thereof, and cause the certificates to be revoked 37 for the reasons and in the manner provided in section 38 168.071; 39 (9) Classify the public schools and school districts 40 of the state, subject to limitations provided by law and 41 subdivision (14) of this section, establish requirements for 42 the schools of each class, and formulate rules governing the 43 inspection and accreditation of schools and school districts 44 preparatory to classification, with such requirements taking 45 effect not less than two years from the date of adoption of 46 the proposed rule by the state board of education, provided 47 that this condition shall not apply to any requirement for 48 which a time line for adoption is mandated in either federal 49 or state law. Such rules shall include a process to allow 50 any school or school district that is accredited without 51 provision that does not meet the state board's promulgated 52 criteria for a classification designation of accredited with 53 distinction to propose alternative criteria to the state 54 board to be classified as accredited with distinction; 55 (10) Make an annual report on or before the first 56 Wednesday after the first day of January to the general 57 assembly or, when it is not in session, to the governor for 58 publication and transmission to the general assembly. The 59 report shall be for the last preceding school year, and 60 shall include: 61 (a) A statement of the number of public schools in the 62 state, the number of pupils attending the schools, their 63 sex, and the branches taught; 64 (b) A statement of the number of teachers employed, 65 their sex, their professional training, and their average 66 salary; 67 SB 902 21 (c) A statement of the receipts and disbursements of 68 public school funds of every description, their sources, and 69 the purposes for which they were disbursed; 70 (d) Suggestions for the improvement of public schools; 71 and 72 (e) Any other information relative to the educational 73 interests of the state that the law requires or the board 74 deems important; 75 (11) Make an annual report to the general assembly and 76 the governor concerning coordination with other agencies and 77 departments of government that support family literacy 78 programs and other services which influence educational 79 attainment of children of all ages; 80 (12) Require from the chief officer of each division 81 of the department of elementary and secondary education, on 82 or before the thirty-first day of August of each year, 83 reports containing information the board deems important and 84 desires for publication; 85 (13) Cause fifty copies of its annual report to be 86 reserved for the use of each division of the state 87 department of elementary and secondary education, and ten 88 copies for preservation in the state library; 89 (14) Promulgate rules under which the board shall 90 classify the public schools of the state; provided that the 91 appropriate scoring guides, instruments, and procedures used 92 in determining the accreditation status of a district shall 93 be subject to a public meeting upon notice in a newspaper of 94 general circulation in each of the three most populous 95 cities in the state and also a newspaper that is a certified 96 minority business enterprise or woman-owned business 97 enterprise in each of the two most populous cities in the 98 state, and notice to each district board of education, each 99 SB 902 22 superintendent of a school district, and to the speaker of 100 the house of representatives, the president pro tem of the 101 senate, and the members of the joint committee on education, 102 at least fourteen days in advance of the meeting, which 103 shall be conducted by the department of elementary and 104 secondary education not less than ninety days prior to their 105 application in accreditation, with all comments received to 106 be reported to the state board of education; 107 (15) Have other powers and duties prescribed by law. 108 2. Rules promulgated under the provisions of 109 subdivision (14) of subsection 1 of this section shall be in 110 accordance with the provisions of this subsection. 111 (1) The state board shall establish and implement an 112 accountability process for all public schools and school 113 districts and shall provide an annual accreditation status 114 for each school and school district based on rules 115 promulgated by the board that address accreditation policies 116 and define what constitutes best practice standards. 117 (2) The department of elementary and secondary 118 education shall annually, prior to July 1st, determine the 119 annual accreditation status for each school district and 120 each public school within a school district based on 121 verified accreditation data from the previous school year. 122 The annual accreditation status shall be based on compliance 123 with best practice standards. 124 (3) As used in this subsection, the term "best 125 practice standards" shall mean standards that address 126 accepted educational principles and practices believed to 127 promote educational quality. Such standards shall address 128 the areas of legal compliance with Missouri law, leadership 129 stability, the existence and performance of any parent 130 education program at the school or school district, the 131 SB 902 23 financial condition of the school or school district, the 132 existence and implementation of any teacher or administrator 133 standards, and any effective instructional practices 134 utilized by the school or school district. 135 (4) After the annual assignment of a district's or 136 school's accreditation status, the department of elementary 137 and secondary education shall monitor each school and school 138 district to determine the status of the school and school 139 district for the following school year. 140 (a) If the department determines during the course of 141 the school year that a school or school district may be in 142 violation of a best practice standard, the department shall 143 notify the superintendent and school board of the district 144 or the district in which the school is located. 145 (b) The school district shall be given forty-five 146 calendar days from the date of receiving the notification to 147 provide a response to the department regarding the alleged 148 violation, including any plan of action to correct the 149 violation or refutation of the alleged violation. 150 (5) Each school and school district shall be assigned 151 an annual accreditation status based on a determination by 152 the state board of the school's or school district's 153 compliance with any promulgated rules establishing 154 accreditation policies and best practice standards. 155 (a) Any school or school district that complies with 156 all accreditation policies and all best practice standards 157 shall be classified as accredited. 158 (b) Any school or school district that fails to comply 159 with all accreditation policies and all best practice 160 standards shall be classified as provisionally accredited 161 and shall be required to develop and implement an 162 improvement plan, to be filed with the state board, that 163 SB 902 24 sets forth specific time lines and courses of action to 164 address the deficiencies. 165 (c) Any school or school district that fails to comply 166 with its improvement plan as described in paragraph (b) of 167 this subdivision before the start of the next school year 168 shall be classified as unaccredited. The state board may 169 also classify any school or school district as unaccredited 170 if the state board finds that the severity of the violation 171 of any accreditation policy or best practice standard 172 warrants classification as unaccredited. 173 161.670. 1. Notwithstanding any other law, prior to 1 July 1, 2007, the state board of education shall establish 2 the "Missouri Course Access and Virtual School Program" to 3 serve school-age students residing in the state. The 4 Missouri course access and virtual school program shall 5 offer nonclassroom-based instruction in a virtual setting 6 using technology, intranet, or internet methods of 7 communication. Any student under the age of twenty-one in 8 grades kindergarten through twelve who resides in this state 9 shall be eligible to enroll in the Missouri course access 10 and virtual school program pursuant to subsection 3 of this 11 section. 12 2. (1) For purposes of calculation and distribution 13 of state school aid, students enrolled in the Missouri 14 course access and virtual school program shall be included 15 in the student enrollment of the school district in which 16 the student is enrolled under subsection 3 of this section; 17 provided that any such student attendance for full-time 18 virtual program students shall only be included in any 19 district pupil attendance calculation under chapter 163 and 20 any charter school pupil attendance calculation under 21 section 160.415, using current-year pupil attendance for 22 SB 902 25 such full-time virtual program pupils; and further provided 23 that in the case of a host school district enrolling one or 24 more full-time virtual school students, such enrolling 25 district shall receive no less under the state aid 26 calculation for such students than an amount equal to the 27 state adequacy target multiplied by the weighted average 28 daily attendance of such full-time students. Students 29 residing in Missouri and enrolled in a full-time virtual 30 school program operated by a public institution of higher 31 education in this state shall be counted for a state aid 32 calculation by the department, and the department shall pay, 33 from funds dedicated to state school aid payments made under 34 section 163.031, to such institution an amount equal to the 35 state adequacy target multiplied by the weighted average 36 daily attendance of such full-time students. 37 (2) The Missouri course access and virtual school 38 program shall report to the district of residence the 39 following information about each student served by the 40 Missouri course access and virtual school program: name, 41 address, eligibility for free or reduced-price lunch, 42 limited English proficiency status, special education needs, 43 and the number of courses in which the student is enrolled. 44 The Missouri course access and virtual school program shall 45 promptly notify the resident district when a student 46 discontinues enrollment. A "full-time equivalent student" 47 is a student who is enrolled in the instructional equivalent 48 of six credits per regular term. Each Missouri course 49 access and virtual school program course shall count as one 50 class and shall generate that portion of a full-time 51 equivalent that a comparable course offered by the school 52 district would generate. 53 SB 902 26 (3) Pursuant to an education services plan and 54 collaborative agreement under subsection 3 of this section, 55 full-time equivalent students may be allowed to use a 56 physical location of the resident school district for all or 57 some portion of ongoing instructional activity, and the 58 enrollment plan shall provide for reimbursement of costs of 59 the resident district for providing such access pursuant to 60 rules promulgated under this section by the department. 61 (4) In no case shall more than the full-time 62 equivalency of a regular term of attendance for a single 63 student be used to claim state aid. Full-time equivalent 64 student credit completed shall be reported to the department 65 of elementary and secondary education in the manner 66 prescribed by the department. Nothing in this section shall 67 prohibit students from enrolling in additional courses under 68 a separate agreement that includes terms for paying tuition 69 or course fees. 70 (5) A full-time virtual school program serving full- 71 time equivalent students shall be considered an attendance 72 center in the host school district and shall participate in 73 the statewide assessment system as defined in section 74 160.518. The academic performance of students enrolled in a 75 full-time virtual school program shall be assigned to the 76 designated attendance center of the full-time virtual school 77 program and shall be considered in like manner to other 78 attendance centers. The academic performance of any student 79 who disenrolls from a full-time virtual school program and 80 enrolls in a public school or charter school shall not be 81 used in determining the annual performance report score of 82 the attendance center or school district in which the 83 student enrolls for twelve months from the date of 84 enrollment. 85 SB 902 27 (6) For the purposes of this section, a public 86 institution of higher education operating a full-time 87 virtual school program shall be subject to all requirements 88 applicable to a host school district with respect to its 89 full-time equivalent students. 90 3. (1) A student who resides in this state may enroll 91 in Missouri course access and virtual school program courses 92 of his or her choice as a part of the student's annual 93 course load each school year, with any costs associated with 94 such course or courses to be paid by the school district or 95 charter school if: 96 (a) The student is enrolled full-time in a public 97 school, including any charter school; and 98 (b) Prior to enrolling in any Missouri course access 99 and virtual school program course, a student has received 100 approval from his or her school district or charter school 101 through the procedure described under subdivision (2) of 102 this subsection. 103 (2) Each school district or charter school shall adopt 104 a policy that delineates the process by which a student may 105 enroll in courses provided by the Missouri course access and 106 virtual school program that is substantially similar to the 107 typical process by which a district student would enroll in 108 courses offered by the school district and a charter school 109 student would enroll in courses offered by the charter 110 school. The policy may include consultation with the 111 school's counselor and may include parental notification or 112 authorization. The policy shall ensure that available 113 opportunities for in-person instruction are considered prior 114 to moving a student to virtual courses. The policy shall 115 allow for continuous enrollment throughout the school year. 116 If the school district or charter school disapproves a 117 SB 902 28 student's request to enroll in a course or courses provided 118 by the Missouri course access and virtual school program, 119 the reason shall be provided in writing and it shall be for 120 good cause. Good cause justification to disapprove a 121 student's request for enrollment in a course shall be a 122 determination that doing so is not in the best educational 123 interest of the student, and shall be consistent with the 124 determination that would be made for such course request 125 under the process by which a district student would enroll 126 in a similar course offered by the school district and a 127 charter school student would enroll in a similar course 128 offered by the charter school, except that the determination 129 may consider the suitability of virtual courses for the 130 student based on prior participation in virtual courses by 131 the student. Appeals of any course denials under this 132 subsection shall be considered under a policy that is 133 substantially similar to the typical process by which 134 appeals would be considered for a student seeking to enroll 135 in courses offered by the school district and a charter 136 school student seeking to enroll in courses offered by the 137 charter school. 138 (3) For students enrolled in any Missouri course 139 access and virtual school program course in which costs 140 associated with such course are to be paid by the school 141 district or charter school as described under this 142 subdivision, the school district or charter school shall pay 143 the content provider directly on a pro rata monthly basis 144 based on a student's completion of assignments and 145 assessments. If a student discontinues enrollment, the 146 district or charter school may stop making monthly payments 147 to the content provider. No school district or charter 148 school shall pay, for any one course for a student, more 149 SB 902 29 than the market necessary costs but in no case shall pay 150 more than fourteen percent of the state adequacy target, as 151 defined under section 163.011, as calculated at the end of 152 the most recent school year for any single, year-long course 153 and no more than seven percent of the state adequacy target 154 as described above for any single semester equivalent course. 155 (4) For students enrolling in a full-time virtual 156 program, the department of elementary and secondary 157 education shall adopt a policy that delineates the process 158 by which a student who lives in this state may enroll in a 159 virtual program of their choice as provided in this 160 subdivision. Each host school district operating a full- 161 time virtual program under this section shall operate and 162 implement the state enrollment policy, subject to the 163 provisions of this subdivision. The policy shall: 164 (a) Require the good faith collaboration of the 165 student, the student's parent or guardian if the student is 166 not considered homeless, the virtual program, the host 167 district, and the resident district; 168 (b) Specify timelines for timely participation by the 169 virtual program, the host district, and resident district; 170 provided that the resident district shall provide any 171 relevant information and input on the enrollment within ten 172 business days of notice from the virtual program of the 173 enrollment application; 174 (c) Include a survey of the reasons for the student's 175 and parent's interests in participating in the virtual 176 program; 177 (d) Include consideration of available opportunities 178 for in-person instruction prior to enrolling a student in a 179 virtual program; 180 SB 902 30 (e) Evaluate requests for enrollment based on meeting 181 the needs for a student to be successful considering all 182 relevant factors; 183 (f) Ensure that, for any enrolling student, an 184 education services plan and collaborative agreement is 185 created to provide all services required to ensure a free 186 and appropriate public education, including financial terms 187 for reimbursement by the host district for the necessary 188 costs of any virtual program, school district, or public or 189 private entity providing all or a portion of such services; 190 (g) Require the virtual program to determine whether 191 an enrolling student will be admitted, based on the 192 enrollment policy, in consideration of all relevant factors 193 and provide the basis for its determination and any service 194 plan for the student, in writing, to the student, the 195 student's parent or guardian, the host district, and the 196 resident district; 197 (h) Provide a process for reviewing appeals of 198 decisions made under this subdivision; and 199 (i) Require the department to publish an annual report 200 based on the enrollments and enrollment surveys conducted 201 under this subdivision that provides data at the statewide 202 and district levels of sufficient detail to allow analysis 203 of trends regarding the reasons for participation in the 204 virtual program at the statewide and district levels; 205 provided that no such survey results will be published in a 206 manner that reveals individual student information. The 207 department shall also include, in the annual report, data at 208 the statewide and district levels of sufficient detail to 209 allow detection and analysis of the racial, ethnic, and 210 socio-economic balance of virtual program participation 211 among schools and districts at the statewide and district 212 SB 902 31 levels, provided that no such survey results will be 213 published in a manner that reveals individual student 214 information. 215 (5) In the case of a student who is a candidate for A+ 216 tuition reimbursement and taking a virtual course under this 217 section, the school shall attribute no less than ninety-five 218 percent attendance to any such student who has completed 219 such virtual course. 220 (6) The Missouri course access and virtual school 221 program shall ensure that individual learning plans designed 222 by certified teachers and professional staff are developed 223 for all students enrolled in more than two full-time course 224 access program courses or a full-time virtual school. 225 (7) Virtual school programs shall monitor individual 226 student success and engagement of students enrolled in their 227 program, provide regular student progress reports for each 228 student at least four times per school year to the school 229 district or charter school, provide the host school district 230 and the resident school district ongoing access to academic 231 and other relevant information on student success and 232 engagement, and shall terminate or alter the course offering 233 if it is found the course or full-time virtual school is not 234 meeting the educational needs of the students enrolled in 235 the course. 236 (8) The department of elementary and secondary 237 education shall monitor the aggregate performance of 238 providers and make such information available to the public 239 under subsection 11 of this section. 240 (9) Pursuant to rules to be promulgated by the 241 department of elementary and secondary education, when a 242 student transfers into a school district or charter school, 243 credits previously gained through successful passage of 244 SB 902 32 approved courses under the Missouri course access and 245 virtual school program shall be accepted by the school 246 district or charter school. 247 (10) Pursuant to rules to be promulgated by the 248 department of elementary and secondary education, if a 249 student transfers into a school district or charter school 250 while enrolled in a Missouri course access and virtual 251 school program course or full-time virtual school, the 252 student shall continue to be enrolled in such course or 253 school. 254 (11) Nothing in this section shall prohibit students 255 receiving instruction at a home school [students] or FLEX 256 school, as defined in section 167.031, private school 257 students, or students wishing to take additional courses 258 beyond their regular course load from enrolling in Missouri 259 course access and virtual school program courses under an 260 agreement that includes terms for paying tuition or course 261 fees. 262 (12) Nothing in this subsection shall require any 263 school district, charter school, virtual program, or the 264 state to provide computers, equipment, or internet access to 265 any student unless required under the education services 266 plan created for an eligible student under subdivision (4) 267 of this subsection or for an eligible student with a 268 disability to comply with federal law. An education 269 services plan may require an eligible student to have access 270 to school facilities of the resident school district during 271 regular school hours for participation and instructional 272 activities of a virtual program under this section, and the 273 education services plan shall provide for reimbursement of 274 the resident school district for such access pursuant to 275 rules adopted by the department under this section. 276 SB 902 33 (13) The authorization process shall provide for 277 continuous monitoring of approved providers and courses. 278 The department shall revoke or suspend or take other 279 corrective action regarding the authorization of any course 280 or provider no longer meeting the requirements of the 281 program. Unless immediate action is necessary, prior to 282 revocation or suspension, the department shall notify the 283 provider and give the provider a reasonable time period to 284 take corrective action to avoid revocation or suspension. 285 The process shall provide for periodic renewal of 286 authorization no less frequently than once every three years. 287 (14) Courses approved as of August 28, 2018, by the 288 department to participate in the Missouri virtual 289 instruction program shall be automatically approved to 290 participate in the Missouri course access and virtual school 291 program, but shall be subject to periodic renewal. 292 (15) Any online course or virtual program offered by a 293 school district or charter school, including those offered 294 prior to August 28, 2018, which meets the requirements of 295 section 162.1250 shall be automatically approved to 296 participate in the Missouri course access and virtual school 297 program. Such course or program shall be subject to 298 periodic renewal. A school district or charter school 299 offering such a course or virtual school program shall be 300 deemed an approved provider. 301 4. (1) As used in this subsection, the term 302 "instructional activities" means classroom-based or 303 nonclassroom-based activities that a student shall be 304 expected to complete, participate in, or attend during any 305 given school day, such as: 306 (a) Online logins to curricula or programs; 307 (b) Offline activities; 308 SB 902 34 (c) Completed assignments within a particular program, 309 curriculum, or class; 310 (d) Testing; 311 (e) Face-to-face communications or meetings with 312 school staff; 313 (f) Telephone or video conferences with school staff; 314 (g) School-sanctioned field trips; or 315 (h) Orientation. 316 (2) A full-time virtual school shall submit a 317 notification to the parent or guardian of any student who is 318 not consistently engaged in instructional activities. 319 (3) Each full-time virtual school shall develop, 320 adopt, and post on the school's website a policy setting 321 forth the consequences for a student who fails to complete 322 the required instructional activities. Such policy shall 323 state, at a minimum, that if a student fails to complete the 324 instructional activities after receiving a notification 325 under subdivision (2) of this subsection, and after 326 reasonable intervention strategies have been implemented, 327 that the student shall be subject to certain consequences 328 which may include disenrollment from the school. Prior to 329 any disenrollment, the parent or guardian shall have the 330 opportunity to present any information that the parent deems 331 relevant, and such information shall be considered prior to 332 any final decision. 333 (4) If a full-time virtual school disenrolls a student 334 under subdivision (3) of this subsection, the school shall 335 immediately provide written notification to such student's 336 school district of residence. The student's school district 337 of residence shall then provide to the parents or guardian 338 of the student a written list of available educational 339 options and promptly enroll the student in the selected 340 SB 902 35 option. Any student disenrolled from a full-time virtual 341 school shall be prohibited from reenrolling in the same 342 virtual school for the remainder of the school year. 343 5. School districts or charter schools shall inform 344 parents of their child's right to participate in the 345 program. Availability of the program shall be made clear in 346 the parent handbook, registration documents, and featured on 347 the home page of the school district or charter school's 348 website. 349 6. The department shall: 350 (1) Establish an authorization process for course or 351 full-time virtual school providers that includes multiple 352 opportunities for submission each year; 353 (2) Pursuant to the time line established by the 354 department, authorize course or full-time virtual school 355 providers that: 356 (a) Submit all necessary information pursuant to the 357 requirements of the process; and 358 (b) Meet the criteria described in subdivision (3) of 359 this subsection; 360 (3) Review, pursuant to the authorization process, 361 proposals from providers to provide a comprehensive, full- 362 time equivalent course of study for students through the 363 Missouri course access and virtual school program. The 364 department shall ensure that these comprehensive courses of 365 study align to state academic standards and that there is 366 consistency and compatibility in the curriculum used by all 367 providers from one grade level to the next grade level; 368 (4) Within thirty days of any denial, provide a 369 written explanation to any course or full-time virtual 370 school providers that are denied authorization; 371 SB 902 36 (5) Allow a course or full-time virtual school 372 provider denied authorization to reapply at any point in the 373 future. 374 7. The department shall publish the process 375 established under this section, including any deadlines and 376 any guidelines applicable to the submission and 377 authorization process for course or full-time virtual school 378 providers on its website. 379 8. If the department determines that there are 380 insufficient funds available for evaluating and authorizing 381 course or full-time virtual school providers, the department 382 may charge applicant course or full-time virtual school 383 providers a fee up to, but no greater than, the amount of 384 the costs in order to ensure that evaluation occurs. The 385 department shall establish and publish a fee schedule for 386 purposes of this subsection. 387 9. Except as specified in this section and as may be 388 specified by rule of the state board of education, the 389 Missouri course access and virtual school program shall 390 comply with all state laws and regulations applicable to 391 school districts, including but not limited to the Missouri 392 school improvement program (MSIP), annual performance report 393 (APR), teacher certification, curriculum standards, audit 394 requirements under chapter 165, access to public records 395 under chapter 610, and school accountability report cards 396 under section 160.522. Teachers and administrators employed 397 by a virtual provider shall be considered to be employed in 398 a public school for all certification purposes under chapter 399 168. 400 10. The department shall submit and publicly publish 401 an annual report on the Missouri course access and virtual 402 school program and the participation of entities to the 403 SB 902 37 governor, the chair and ranking member of the senate 404 education committee, and the chair and ranking member of the 405 house of representatives elementary and secondary education 406 committee. The report shall at a minimum include the 407 following information: 408 (1) The annual number of unique students participating 409 in courses authorized under this section and the total 410 number of courses in which students are enrolled in; 411 (2) The number of authorized providers; 412 (3) The number of authorized courses and the number of 413 students enrolled in each course; 414 (4) The number of courses available by subject and 415 grade level; 416 (5) The number of students enrolled in courses broken 417 down by subject and grade level; 418 (6) Student outcome data, including completion rates, 419 student learning gains, student performance on state or 420 nationally accepted assessments, by subject and grade level 421 per provider. This outcome data shall be published in a 422 manner that protects student privacy; 423 (7) The costs per course; 424 (8) Evaluation of in-school course availability 425 compared to course access availability to ensure gaps in 426 course access are being addressed statewide. 427 11. (1) The department shall be responsible for 428 creating the Missouri course access and virtual school 429 program catalog providing a listing of all courses 430 authorized and available to students in the state, detailed 431 information, including costs per course, about the courses 432 to inform student enrollment decisions, and the ability for 433 students to submit their course enrollments. 434 SB 902 38 (2) On or before January 1, 2023, the department shall 435 publish on its website, and distribute to all school 436 districts and charter schools in this state, a guidance 437 document that details the options for virtual course access 438 and full-time virtual course access for all students in the 439 state. The guidance document shall include a complete and 440 readily understood description of the applicable enrollment 441 processes including the opportunity for students to enroll 442 and the roles and responsibilities of the student, parent, 443 virtual provider, school district or districts, and charter 444 schools, as appropriate. The guidance document shall be 445 distributed in written and electronic form to all school 446 districts, charter schools, and virtual providers. School 447 districts and charter schools shall provide a copy of the 448 guidance document to every pupil and parent or legal 449 guardian of every pupil enrolled in the district or charter 450 school at the beginning of each school year and upon 451 enrollment for every pupil enrolling at a different time of 452 the school year. School districts and charter schools shall 453 provide a readily viewable link to the electronic version of 454 the guidance document on the main page of the district's or 455 charter school's website. 456 12. The state board of education through the 457 rulemaking process and the department of elementary and 458 secondary education in its policies and procedures shall 459 ensure that multiple content providers and learning 460 management systems are allowed, ensure digital content 461 conforms to accessibility requirements, provide an easily 462 accessible link for providers to submit courses or full-time 463 virtual schools on the Missouri course access and virtual 464 school program website, and allow any person, organization, 465 or entity to submit courses or full-time virtual schools for 466 SB 902 39 approval. No content provider shall be allowed that is 467 unwilling to accept payments in the amount and manner as 468 described under subdivision (3) of subsection 3 of this 469 section or does not meet performance or quality standards 470 adopted by the state board of education. 471 13. Any rule or portion of a rule, as that term is 472 defined in section 536.010, that is created under the 473 authority delegated in this section shall become effective 474 only if it complies with and is subject to all of the 475 provisions of chapter 536 and, if applicable, section 476 536.028. This section and chapter 536 are nonseverable and 477 if any of the powers vested with the general assembly 478 pursuant to chapter 536 to review, to delay the effective 479 date, or to disapprove and annul a rule are subsequently 480 held unconstitutional, then the grant of rulemaking 481 authority and any rule proposed or adopted after August 28, 482 2006, shall be invalid and void. 483 161.851. 1. This section shall be known and may be 1 cited as "The Parents' Bill of Rights for Student Well- 2 Being". 3 2. As used in sections 161.851 to 161.853, the 4 following terms mean: 5 (1) "Curriculum", the academic performance standards 6 of knowledge, skills, and competencies required to be 7 established under section 160.514; 8 (2) "Extracurricular", any school-authorized or 9 education-related activity occurring during or outside the 10 regular instructional school day; 11 (3) "Minor child", any person eighteen years of age or 12 younger; 13 SB 902 40 (4) "Parent", any person who has charge, control, or 14 custody of a minor child, whether as a natural parent, 15 adoptive parent, or legal guardian; 16 (5) "Public school", the same definition as in section 17 160.011; 18 (6) "School district", the same definition as in 19 section 160.011. 20 3. No public school, school district, or person acting 21 under the authority of a public school or school district 22 shall infringe upon the fundamental rights of a parent to 23 direct the upbringing, education, health care, or mental 24 health of such parent's minor child without first 25 demonstrating that such infringement is narrowly tailored to 26 achieve a compelling state interest and that such interest 27 could not otherwise be served by less restrictive means. 28 4. For the purposes of subsection 3 of this section, a 29 parent's fundamental rights to direct the upbringing, 30 education, health care, and mental health of such parent's 31 minor child shall include, but not be limited to, the 32 following: 33 (1) The right to direct the ethical, moral, and 34 religious training of such minor child; 35 (2) The right to enroll such minor child in a public 36 school, home school program, or other available schooling 37 option including, but not limited to, a willing parochial 38 school, to the extent otherwise authorized by law; 39 (3) The right to direct the education of such minor 40 child including, but not limited to, the right to access and 41 review the following information: 42 (a) All school records relating to such minor child 43 including, but not limited to, a regular report of such 44 minor child's academic performance and attendance; 45 SB 902 41 (b) Such minor child's statewide, standardized 46 assessment results; 47 (c) School district instructional materials and 48 curricula; 49 (d) School district policies for promotion or 50 retention including, but not limited to, graduation 51 requirements; and 52 (e) Information relating to the state's academic 53 performance standards, report card requirements, attendance 54 requirements, and instructional materials requirements; 55 (4) The right to participate in parent-teacher 56 associations and organizations sanctioned by the school 57 district or department of elementary and secondary education; 58 (5) The right, under section 162.720, to request a 59 review of a school district's determination that such minor 60 child did not qualify to receive services through such 61 district's gifted education program or an individualized 62 education program; 63 (6) The right to make health care decisions for such 64 minor child, except as otherwise prohibited by law; 65 (7) The right to exempt such minor child from 66 immunizations under subsection 3 of section 167.181; 67 (8) The right to consent in writing before biometric 68 data, as defined in section 302.170, regarding such minor 69 child is made, shared, or stored, except as required by law 70 or court order; 71 (9) The right to consent in writing before any public 72 school or school district produces a video or audio 73 recording of such minor child unless such recording is made 74 for the purposes of: 75 SB 902 42 (a) A court proceeding, forensic interview, or 76 criminal or other investigation related to the welfare of 77 such minor child; 78 (b) The maintenance of order and discipline in a 79 school building, on school grounds, and on student 80 transportation vehicles; 81 (c) A legitimate academic or extracurricular activity, 82 which may include a group recording not substantially 83 focused on an individual student; 84 (d) Regular classroom instruction; or 85 (e) Security or surveillance of school buildings, 86 school grounds, or student transportation vehicles; 87 (10) The right to receive information about 88 individuals and organizations receiving school contracts and 89 funding; 90 (11) The right to visit the school and check in on 91 their minor child during school hours; 92 (12) The right to view or receive all school records, 93 medical or otherwise, concerning their minor child; and 94 (13) The right to receive information about the 95 collection and transmission of their minor child's data. 96 5. Each school district shall, in consultation with 97 parents, teachers, and administrators, develop and adopt a 98 policy to promote parental involvement in the public school 99 system. Such policy shall include at least: 100 (1) A plan for parental participation in schools, 101 including through cooperation with teachers regarding 102 homework, school attendance, and discipline; 103 (2) Procedures for a parent to receive information 104 about such parent's minor child's course of study; 105 (3) Procedures for a parent to voice concerns about 106 instructional materials or other materials used in the 107 SB 902 43 classroom based on such parent's beliefs regarding the 108 appropriateness or veracity of such materials. Such 109 parental concerns may be based on beliefs related to 110 morality, sexuality, religion, or other issues related to 111 the well-being, education, and upbringing of such parent's 112 minor child; 113 (4) Procedures for a parent to withdraw such parent's 114 minor child from any portion of the school district's health 115 education related to human sexuality and sexually 116 transmitted diseases; 117 (5) Procedures for a parent to learn about the nature 118 and purpose of clubs and other extracurricular activities 119 offered at such parent's minor child's school; and 120 (6) Procedures for providing parents with other 121 information to which such parents have a right of access 122 under subsection 4 of this section. 123 6. The department of elementary and secondary 124 education shall develop and every school district shall use 125 a form that authorizes a parent to object to and opt out of 126 any instructional materials or materials used in the minor 127 child's classroom as described in subdivisions (3) and (4) 128 of subsection 5 of this section. Such form shall be made 129 available to every parent at the beginning of a school year 130 by each school district and shall provide parents the 131 opportunity to explain reasons including, but not limited 132 to, moral, religious, scientific, or philosophical grounds 133 for opting their minor child out of such instructional 134 materials or materials used in the minor child's classroom. 135 7. Each school district may provide any information to 136 which a parent has a right of access under this section by 137 publishing such information electronically in a reasonably 138 accessible format, except to the extent that such 139 SB 902 44 publication would result in the disclosure of personally 140 identifiable or confidential information in violation of law. 141 8. A parent may file a formal request in writing with 142 the superintendent of the school district for access to any 143 information to which such parent has a right of access under 144 this section. The superintendent shall provide such 145 information to the parent within ten days and may do so by 146 any reasonable means including, but not limited to, by 147 directing the parent to publicly available electronic 148 resources to the extent such resources are responsive to the 149 parent's request. If the superintendent denies such request 150 or does not respond within ten days, the parent may file an 151 appeal with the school board. The school board shall place 152 the parent's appeal on the agenda for the next public 153 meeting of the board occurring not less than seven days 154 after the filing of such appeal by a parent. 155 9. No public school or school district shall require 156 nondisclosure agreements or similar forms for a parent's 157 review of curricula. Each public school or school district 158 shall allow parents to make copies of curriculum documents. 159 A public school may charge a reasonable fee for such copies. 160 10. No public school or school district shall allow 161 student involvement in field trips unless the minor child's 162 parents provide written authorization for such student 163 involvement. 164 11. Each school board meeting pertaining to curricula 165 shall be held in public and allow for public comments. 166 12. Each public school and school district shall 167 notify parents in a timely manner of all reported incidents 168 pertaining to student safety including, but not limited to, 169 any felony or misdemeanor committed by a teacher or other 170 school employee. 171 SB 902 45 13. No employee of any public school or school 172 district shall encourage, coerce, or attempt to coerce a 173 minor child to withhold information from such minor child's 174 parents; provided, however, that any such person required to 175 report suspected abuse or neglect under sections 210.109 to 176 210.183 may encourage a minor child to withhold information 177 where disclosure could reasonably result in abuse or neglect. 178 14. This section shall not be construed to: 179 (1) Authorize a parent to engage in unlawful conduct, 180 such as abuse or neglect; 181 (2) Condone, authorize, approve, or apply to any 182 parental action or decision that would end life; 183 (3) Prohibit a court of competent jurisdiction, a law 184 enforcement officer, or employee of a governmental entity or 185 other public institution responsible for child welfare from 186 acting within the reasonable and prudent scope of such court 187 or person's official capacity and authority in a manner not 188 otherwise inconsistent with the provisions of sections 189 161.851 to 161.853; 190 (4) Modify the common law doctrine of in loco parentis 191 as such doctrine applies to the operation of public schools 192 and to the duties of administrators and employees of such 193 schools; or 194 (5) Limit the inalienable rights of a parent, 195 regardless of whether such rights are enumerated in the 196 provisions of this section. 197 15. A public school or school district shall not, when 198 publishing or providing any information to a parent as 199 required pursuant to the provisions of this section, publish 200 or provide any personally identifiable information relating 201 to any student other than a parent's own child in violation 202 SB 902 46 of the provisions of the federal Family Educational Rights 203 and Privacy Act, 20 U.S.C. Section 1232g. 204 16. The department of elementary and secondary 205 education may promulgate rules to implement the provisions 206 of this section. Any rule or portion of a rule, as that 207 term is defined in section 536.010, that is created under 208 the authority delegated in this section shall become 209 effective only if it complies with and is subject to all of 210 the provisions of chapter 536 and, if applicable, section 211 536.028. This section and chapter 536 are nonseverable and 212 if any of the powers vested with the general assembly 213 pursuant to chapter 536 to review, to delay the effective 214 date, or to disapprove and annul a rule are subsequently 215 held unconstitutional, then the grant of rulemaking 216 authority and any rule proposed or adopted after August 28, 217 2024, shall be invalid and void. 218 161.852. 1. The department of elementary and 1 secondary education shall develop a tool within the 2 department's comprehensive data system that provides access 3 to every school district's curriculum and professional 4 development materials. 5 2. The tool shall consist of an easy-to-search 6 database including, but not limited to, the following: 7 (1) All curriculum taught by the school district; 8 (2) All documents used by a school district in the 9 professional development of the district's faculty and staff 10 including, but not limited to, administrators, teachers, 11 counselors, and classroom support staff; 12 (3) The names of all speakers and guests used by a 13 school district in the school district's professional 14 development activities; and 15 SB 902 47 (4) The costs associated with speakers and guests used 16 by a school district in the school district's professional 17 development activities. 18 3. The department of elementary and secondary 19 education shall establish an online form that each school 20 district in this state shall complete with information 21 required under subsection 2 of this section. 22 4. A school district shall submit any updates to the 23 information outlined in subsection 2 of this section every 24 six months. A public school or school district may make 25 good-faith modifications to curricula during each six-month 26 period between updates but shall not be required to submit 27 an update of such modifications until the next six-month 28 update. 29 5. Not less than monthly, the department of elementary 30 and secondary education shall update the tool with the 31 information required by this section to be submitted by each 32 school district and shall ensure that the tool is maintained 33 as the primary centralized source of information about the 34 curriculum and instructional materials used by public school 35 districts. 36 6. The department of elementary and secondary 37 education may promulgate rules to implement this section. 38 Any rule or portion of a rule, as that term is defined in 39 section 536.010, that is created under the authority 40 delegated in this section shall become effective only if it 41 complies with and is subject to all of the provisions of 42 chapter 536 and, if applicable, section 536.028. This 43 section and chapter 536 are nonseverable and if any of the 44 powers vested with the general assembly pursuant to chapter 45 536 to review, to delay the effective date, or to disapprove 46 and annul a rule are subsequently held unconstitutional, 47 SB 902 48 then the grant of rulemaking authority and any rule proposed 48 or adopted after August 28, 2024, shall be invalid and void. 49 161.853. 1. The attorney general of this state or any 1 parent of a minor child enrolled in a public school in this 2 state may bring legal action against the school district in 3 which such parent's minor child is enrolled or an employee 4 of such school district on behalf of such minor child who is 5 harmed by such school district's or employee's violation of 6 sections 161.851 to 161.852. Such action may be brought in 7 any county or any city not within a county in which the 8 school district boundaries lie or may be brought in the Cole 9 County circuit court. 10 2. If a court of competent jurisdiction finds that a 11 school district or school district employee violated the 12 provisions of sections 161.851 to 161.852, the school 13 district or school district employee shall be fined one 14 thousand dollars for each violation of such sections unless 15 the court finds that the school district or school district 16 employee knowingly or purposely violated the provisions of 17 such sections, in which case the school district or school 18 district employee shall be fined ten thousand dollars for 19 each violation of such sections. 20 3. (1) If a school district or school district 21 employee is fined by a court of competent jurisdiction for 22 violations of sections 161.851 to 161.852, the proceeds of 23 such fine shall be divided as follows: 24 (a) Twenty percent shall be awarded to the parent who 25 brought the legal action. If parents of more than one minor 26 child bring suit, the twenty percent award shall be divided 27 equally among each family represented; and 28 SB 902 49 (b) Eighty percent shall be deposited into the 29 Missouri empowerment scholarship accounts fund established 30 under section 135.716. 31 (2) If a court of competent jurisdiction finds that a 32 school district or school district employee violated the 33 provisions of sections 161.851 to 161.852, the court shall 34 award court costs and reasonable attorney's fees to the 35 prevailing party or parties. 36 4. Any school district employee who discloses 37 violations of sections 161.851 to 161.852 shall be protected 38 from any manner of retaliation as set forth in section 39 105.055. 40 162.996. 1. Special educational services may be 1 offered during the regular school day. Children who attend 2 special educational services in the district and who 3 otherwise attend a private, parochial, parish [or], home 4 school, or FLEX school, as defined in section 167.031 shall 5 be in compliance with section 167.031. 6 2. A public school district shall be entitled to state 7 aid for resident handicapped children who attend special 8 educational services and who otherwise attend private, 9 parochial, parish [or], home schools, or FLEX schools. 10 State aid shall be calculated on the basis of full-time 11 equivalent average daily attendance of part-time students as 12 provided in section 163.011. 13 3. Nothing in this section shall change the authority 14 of a public school board to set the schedule of classes for 15 full-time or part-time public school pupils including pupils 16 receiving services under this section. 17 4. Nothing herein shall be construed to require 18 transportation for these services. 19 SB 902 50 5. No resident child shall be denied or discriminated 20 against in special educational services offered by a school 21 district on the grounds that the child regularly attends a 22 private, parochial, parish [or], home school, or FLEX school. 23 162.1250. 1. School districts shall receive state 1 school funding under sections 163.031, 163.043, and 163.087 2 for resident students who are enrolled in the school 3 district and who are taking a virtual course or full-time 4 virtual program offered by the school district. The school 5 district may offer instruction in a virtual setting using 6 technology, intranet, and internet methods of communications 7 that could take place outside of the regular school district 8 facility. The school district may develop a virtual program 9 for any grade level, kindergarten through twelfth grade, 10 with the courses available in accordance with district 11 policy to any resident student of the district who is 12 enrolled in the school district. Nothing in this section 13 shall preclude a student receiving instruction at a private, 14 parochial, [or] home school [student], or FLEX school, as 15 defined in section 167.031 residing within a school district 16 offering virtual courses or virtual programs from enrolling 17 in the school district in accordance with the combined 18 enrollment provisions of section 167.031 for the purposes of 19 participating in the virtual courses or virtual programs. 20 2. Charter schools shall receive state school funding 21 under section 160.415 for students enrolled in the charter 22 school who are completing a virtual course or full-time 23 virtual program offered by the charter school. Charter 24 schools may offer instruction in a virtual setting using 25 technology, intranet, and internet methods of 26 communications. The charter school may develop a virtual 27 program for any grade level, kindergarten through twelfth 28 SB 902 51 grade, with the courses available in accordance with school 29 policy and the charter school's charter to any student 30 enrolled in the charter school. 31 3. For purposes of calculation and distribution of 32 state school funding, attendance of a student enrolled in a 33 district or charter school virtual class shall equal, upon 34 course completion, ninety-four percent of the hours of 35 attendance possible for such class delivered in the 36 nonvirtual program in the student's resident district or 37 charter school. Course completion shall be calculated in 38 two increments, fifty percent completion and one hundred 39 percent completion, based on the student's completion of 40 defined assignments and assessments, with distribution of 41 state funding to a school district or charter school at each 42 increment equal to forty-seven percent of hours of 43 attendance possible for such course delivered in the 44 nonvirtual program in a student's school district of 45 residence or charter school. 46 4. When courses are purchased from an outside vendor, 47 the district or charter school shall ensure that they are 48 aligned with the show-me curriculum standards and comply 49 with state requirements for teacher certification. The 50 state board of education reserves the right to request 51 information and materials sufficient to evaluate the online 52 course. Online classes should be considered like any other 53 class offered by the school district or charter school. 54 5. Any school district or charter school that offers 55 instruction in a virtual setting, develops a virtual course 56 or courses, or develops a virtual program of instruction 57 shall ensure that the following standards are satisfied: 58 (1) The virtual course or virtual program utilizes 59 appropriate content-specific tools and software; 60 SB 902 52 (2) Orientation training is available for teachers, 61 instructors, and students as needed; 62 (3) Privacy policies are stated and made available to 63 teachers, instructors, and students; 64 (4) Academic integrity and internet etiquette 65 expectations regarding lesson activities, discussions, 66 electronic communications, and plagiarism are stated to 67 teachers, instructors, and students prior to the beginning 68 of the virtual course or virtual program; 69 (5) Computer system requirements, including hardware, 70 web browser, and software, are specified to participants; 71 (6) The virtual course or virtual program 72 architecture, software, and hardware permit the online 73 teacher or instructor to add content, activities, and 74 assessments to extend learning opportunities; 75 (7) The virtual course or virtual program makes 76 resources available by alternative means, including but not 77 limited to, video and podcasts; 78 (8) Resources and notes are available for teachers and 79 instructors in addition to assessment and assignment answers 80 and explanations; 81 (9) Technical support and course management are 82 available to the virtual course or virtual program teacher 83 and school coordinator; 84 (10) The virtual course or virtual program includes 85 assignments, projects, and assessments that are aligned with 86 students' different visual, auditory, and hands-on learning 87 styles; 88 (11) The virtual course or virtual program 89 demonstrates the ability to effectively use and incorporate 90 subject-specific and developmentally appropriate software in 91 an online learning module; and 92 SB 902 53 (12) The virtual course or virtual program arranges 93 media and content to help transfer knowledge most 94 effectively in the online environment. 95 6. Any special school district shall count any 96 student's completion of a virtual course or program in the 97 same manner as the district counts completion of any other 98 course or program for credit. 99 7. A school district or charter school may contract 100 with multiple providers of virtual courses or virtual 101 programs, provided they meet the criteria for virtual 102 courses or virtual programs under this section. 103 166.700. As used in sections 166.700 to 166.720, the 1 following terms mean: 2 (1) "Curriculum", a complete course of study for a 3 particular content area or grade level, including any 4 supplemental materials; 5 (2) "District", the same meaning as used in section 6 160.011; 7 (3) "Educational assistance organization", the same 8 meaning as used in section 135.712; 9 (4) "Parent", the same meaning as used in section 10 135.712; 11 (5) "Private school", a school that is not a part of 12 the public school system of the state of Missouri and that 13 charges tuition for the rendering of elementary or secondary 14 educational services; 15 (6) "Program", the same meaning as used in section 16 135.712; 17 (7) "Qualified school", a [home] FLEX school as 18 defined in section 167.031 or any of the following entities 19 that is incorporated in Missouri and that does not 20 discriminate on the basis of race, color, or national origin: 21 SB 902 54 (a) A charter school as defined in section 160.400; 22 (b) A private school; 23 (c) A public school as defined in section 160.011; or 24 (d) A public or private virtual school; 25 (8) "Qualified student", any elementary or secondary 26 school student who is a resident of this state and [resides 27 in any county with a charter form of government or any city 28 with at least thirty thousand inhabitants] who: 29 (a) [Has an approved "individualized education plan" 30 (IEP) developed under the federal Individuals with 31 Disabilities Education Act (IDEA), 20 U.S.C. Section 1400, 32 et seq., as amended; or 33 (b) Is a member of a household whose total annual 34 income does not exceed an amount equal to two hundred 35 percent of the income standard used to qualify for free and 36 reduced price lunches, and meets at least one of the 37 following qualifications: 38 a.] Attended a public school as a full-time student 39 for at least one semester during the previous twelve months; 40 or 41 [b.] (b) Is a child who is eligible to begin 42 kindergarten or first grade under sections 160.051 to 43 160.055. 44 167.031. 1. Every parent, guardian or other person in 1 this state having charge, control or custody of a child not 2 enrolled in a public, private, parochial, parish school or 3 full-time equivalent attendance in a combination of such 4 schools and between the ages of seven years and the 5 compulsory attendance age for the district is responsible 6 for enrolling the child in a program of academic instruction 7 which complies with subsection 2 of this section. Any 8 parent, guardian or other person who enrolls a child between 9 SB 902 55 the ages of five and seven years in a public school program 10 of academic instruction shall cause such child to attend the 11 academic program on a regular basis, according to this 12 section. For students enrolled in a public school district 13 or public charter school, "on a regular basis" shall mean in 14 compliance with the student attendance policy for the 15 district or charter school pursuant to the provisions of 16 subsection 9 of this section. Nonattendance by such child 17 shall cause such parent, guardian or other responsible 18 person to be in violation of the provisions of section 19 167.061, except as provided by this section. A parent, 20 guardian or other person in this state having charge, 21 control, or custody of a child between the ages of seven 22 years of age and the compulsory attendance age for the 23 district shall cause the child to attend regularly some 24 public, private, parochial, parish, home school, FLEX 25 school, as defined in subdivision (2) of subsection 2 of 26 this section, or a combination of such schools not less than 27 the entire school term of the school which the child 28 attends; except that: 29 (1) A child who, to the satisfaction of the 30 superintendent of public schools of the district in which he 31 resides, or if there is no superintendent then the chief 32 school officer, is determined to be mentally or physically 33 incapacitated may be excused from attendance at school for 34 the full time required, or any part thereof; 35 (2) A child between fourteen years of age and the 36 compulsory attendance age for the district may be excused 37 from attendance at school for the full time required, or any 38 part thereof, by the superintendent of public schools of the 39 district, or if there is none then by a court of competent 40 jurisdiction, when legal employment has been obtained by the 41 SB 902 56 child and found to be desirable, and after the parents or 42 guardian of the child have been advised of the pending 43 action; [or] 44 (3) A child between five and seven years of age shall 45 be excused from attendance at school if a parent, guardian 46 or other person having charge, control or custody of the 47 child makes a written request that the child be dropped from 48 the school's rolls; or 49 (4) A child may be excused from attendance at school 50 for the full time required, or any part thereof, if the 51 child is unable to attend school due to mental or behavioral 52 health concerns, provided that the school receives 53 documentation from a mental health professional licensed 54 under chapters 334 or 337 acting within his or her 55 authorized scope of practice stating that the child is not 56 able to attend school due to such concern. 57 2. (1) As used in sections 167.031 to [167.071] 58 167.061, a "home school" is a school, whether incorporated 59 or unincorporated, that: 60 (a) Has as its primary purpose the provision of 61 private or religious-based instruction; 62 (b) Enrolls pupils between the ages of seven years and 63 the compulsory attendance age for the district, of which no 64 more than four are unrelated by affinity or consanguinity in 65 the third degree; [and] 66 (c) Does not charge or receive consideration in the 67 form of tuition, fees, or other remuneration in a genuine 68 and fair exchange for provision of instruction; 69 (d) Does not enroll pupils who participate in the 70 program established in sections 135.712 to 135.719 and 71 sections 166.700 to 166.720; and 72 SB 902 57 (e) Does not enroll pupils who participate in any 73 events or activities offered by a public elementary or 74 secondary school. 75 (2) As used in sections 167.031 to 167.071, a "Family- 76 Led Educational eXperience (FLEX) school" or "FLEX school" 77 is a school, whether incorporated or unincorporated, that 78 meets the criteria of paragraphs (a) through (c) of 79 subdivision (1) of this subsection, but: 80 (a) May enroll pupils who participate in the program 81 established in sections 135.712 to 135.719 and sections 82 166.700 to 166.720, provided that any state laws or 83 regulations that apply to pupils who participate in such 84 program shall not apply to FLEX school pupils who do not 85 participate in such program. This paragraph shall not be 86 construed to grant regulatory oversight or rulemaking 87 authority over FLEX schools or FLEX school pupils to any 88 state agency unless such oversight or authority is delegated 89 under state law with specific reference to this section; and 90 (b) May enroll pupils who participate in any events or 91 activities offered by a public elementary or secondary 92 school. 93 (3) As evidence that a child is receiving regular 94 instruction, the parent shall, except as otherwise provided 95 in this subsection: 96 (a) Maintain the following records: 97 a. A plan book, diary, or other written record 98 indicating subjects taught and activities engaged in; and 99 b. A portfolio of samples of the child's academic 100 work; and 101 c. A record of evaluations of the child's academic 102 progress; or 103 SB 902 58 d. Other written, or credible evidence equivalent to 104 subparagraphs a., b. and c.; and 105 (b) Offer at least one thousand hours of instruction, 106 at least six hundred hours of which will be in reading, 107 language arts, mathematics, social studies and science or 108 academic courses that are related to the aforementioned 109 subject areas and consonant with the pupil's age and 110 ability. At least four hundred of the six hundred hours 111 shall occur at the regular home school location. 112 [(3)] (4) The requirements of subdivision [(2)] (3) of 113 this subsection shall not apply to any pupil above the age 114 of sixteen years. 115 3. Nothing in this section shall require a private, 116 parochial, parish [or], home school, or FLEX school to 117 include in its curriculum any concept, topic, or practice in 118 conflict with the school's religious doctrines or to exclude 119 from its curriculum any concept, topic, or practice 120 consistent with the school's religious doctrines. Any other 121 provision of the law to the contrary notwithstanding, all 122 departments or agencies of the state of Missouri shall be 123 prohibited from dictating through rule, regulation or other 124 device any statewide curriculum for private, parochial, 125 parish [or], home schools, or FLEX schools. 126 4. A school year begins on the first day of July and 127 ends on the thirtieth day of June following. 128 5. The production by a parent of a daily log showing 129 that a home school or FLEX school has a course of 130 instruction which satisfies the requirements of this section 131 or, in the case of a pupil over the age of sixteen years who 132 attended a metropolitan school district the previous year, a 133 written statement that the pupil is attending home school or 134 FLEX school in compliance with this section shall be a 135 SB 902 59 defense to any prosecution under this section and to any 136 charge or action for educational neglect brought pursuant to 137 chapter 210. 138 6. As used in sections 167.031 to 167.051, the term 139 "compulsory attendance age for the district" shall mean: 140 (1) Seventeen years of age for any metropolitan school 141 district for which the school board adopts a resolution to 142 establish such compulsory attendance age; provided that such 143 resolution shall take effect no earlier than the school year 144 next following the school year during which the resolution 145 is adopted; and 146 (2) Seventeen years of age or having successfully 147 completed sixteen credits towards high school graduation in 148 all other cases. 149 The school board of a metropolitan school district for which 150 the compulsory attendance age is seventeen years may adopt a 151 resolution to lower the compulsory attendance age to sixteen 152 years; provided that such resolution shall take effect no 153 earlier than the school year next following the school year 154 during which the resolution is adopted. 155 7. For purposes of subsection 2 of this section as 156 applied in subsection 6 herein, a "completed credit towards 157 high school graduation" shall be defined as one hundred 158 hours or more of instruction in a course. Home school and 159 FLEX school education enforcement and records pursuant to 160 this section, and sections 210.167 and 211.031, shall be 161 subject to review only by the local prosecuting attorney. 162 8. (1) A public school, school district, charter 163 school, or any department, agency, or employee of the state 164 of Missouri, including a private agency under contract to 165 provide education related services to any public school, 166 SB 902 60 school district, or charter school, shall not designate or 167 identify a FLEX school or any publicly funded education 168 programs, including but not limited to, publicly funded 169 virtual school programs, as "home schooling", "home 170 education", or any cognate thereof. 171 (2) A public school, school district, or any 172 department, agency, or employee of the state of Missouri, 173 including a private agency under contract to provide 174 education related services to any public school, school 175 district, or charter school, shall not designate students 176 who are enrolled in an attendance center of any public 177 school district or charter school, including students 178 enrolled in a virtual school pursuant to the provisions of 179 subsection 2 of section 161.670, or who are receiving 180 education related funding from the state of Missouri or who 181 participate in the program established in sections 135.712 182 to 135.719 and sections 166.700 to 166.720 as "home 183 schooled", "home educated", or any cognate thereof. 184 9. Every public school district and public charter 185 school shall establish a student attendance policy that 186 clearly defines the terms "excused absence" and "unexcused 187 absence". Such policy shall be made publicly available on 188 the district or charter school website and shall be provided 189 to the parents or legal guardians of all students enrolled 190 in the district or charter school before the beginning of 191 each school year. A student attendance policy shall provide 192 a system of accountability for student nonattendance that 193 contains provisions substantially similar to the following: 194 (1) After a student accrues not less than five 195 unexcused absences in the same school year, the student and 196 the student's parent or legal guardian shall be summoned to 197 a mandatory meeting at an assigned date and time with the 198 SB 902 61 school principal and a school counselor, if the school 199 employs a school counselor. At such meeting, the principal 200 and counselor, if applicable, shall present an attendance 201 plan that includes consequences for any further unexcused 202 absences. Such consequences may include suspension from 203 school activities, make-up classes, or any other reasonable 204 measures established with the intention of preventing any 205 further unexcused absences. The student's parent or legal 206 guardian shall be given the opportunity to offer feedback on 207 the development of the attendance plan. 208 (2) After the conditions of subdivision (1) of this 209 subsection are met, and upon the student's accrual of two 210 additional unexcused absences in the same school year, the 211 student and the student's parent or legal guardian shall be 212 summoned to a mandatory meeting at an assigned date and time 213 with the school principal and superintendent of the school 214 district or chief governing officer of the charter school. 215 At such meeting, the principal and superintendent or chief 216 governing officer shall evaluate the student's attendance 217 plan and provide additional information about the attendance 218 requirements of the school district or school and the 219 potential consequences of the student's failure to attend 220 school on a regular basis pursuant to the provisions of this 221 section and section 167.061. 222 (3) After the conditions of subdivisions (1) and (2) 223 of this subsection are met, and upon the student's accrual 224 of one additional unexcused absence in the same school year, 225 the student's parent or legal guardian shall be deemed to be 226 in violation of this section and guilty of a class C 227 misdemeanor pursuant to section 167.061. 228 167.061. Any parent, guardian or other person having 1 charge, control or custody of a child, who violates the 2 SB 902 62 provisions of section 167.031 is guilty of a class C 3 misdemeanor. Upon conviction and pending any judicial 4 appeal, the defendant shall be required to enroll the child 5 in a public, private, parochial, parish [or], home school, 6 or FLEX school, as defined in section 167.031, within three 7 public school days, after which each successive school day 8 shall constitute a separate violation of section 167.031. 9 The fine or imprisonment, or both, may be suspended and 10 finally remitted by the court, with or without the payment 11 of costs, at the discretion of the court, if the child is 12 immediately placed and kept in regular attendance at a 13 public, private, parochial, parish [or], home school, or 14 FLEX school and if the fact of regular attendance is proved 15 subsequently to the satisfaction of the court. A 16 certificate stating that the child is regularly attending a 17 public, private, parochial or parish school and properly 18 attested by the superintendent, principal or person in 19 charge of the school is prima facie evidence of regular 20 attendance by the child. 21 167.600. 1. As used in sections 167.600 to 167.621, 1 the following terms mean: 2 (1) "Family practitioner", a primary care provider, 3 including a licensed physician, nurse practitioner or 4 primary care physician sponsor as defined in subdivision (4) 5 of subsection 1 of section 208.166, or a primary care 6 contracted health provider plan, approved by the parent, 7 guardian or legal custodian of a school age child pursuant 8 to section 167.611; 9 (2) "Most accessible care", that care or services 10 which reach the most children where they normally are during 11 school hours or where children are most likely to 12 participate with the least obstacles to participation and 13 SB 902 63 may include, but shall not be limited to, private, public or 14 parochial schools, learning centers, preschools, child care 15 facilities, common community gathering places, licensed 16 health care facilities, physicians' offices and community 17 centers and may also include the use of traveling medical 18 professionals; 19 (3) "School age children", all children under the age 20 of nineteen without regard to whether they are currently 21 enrolled in any school and without regard to what public, 22 private, parochial [or], home school, or FLEX school, as 23 defined in section 167.031, they may attend; 24 (4) "School children health services", services, 25 including immunization, screening for physical or mental 26 disease, disability or injury, treatment of pathological 27 disease or injury, emergency medical treatment or first aid, 28 or administration of drugs or treatment as ordered by the 29 child's family practitioner, provided that the term shall 30 only include the enumerated services and services directly 31 related to the services enumerated herein; 32 (5) "Service area", the public school district, if the 33 school district elects to be a Medicaid provider, or an area 34 determined by the department of social services at the time 35 a public school within a school district elects to be a 36 Medicaid provider. 37 2. Sections 167.600 to 167.621 shall not be severable 38 from each other. 39 167.619. When a school or school district enrolls as a 1 Medicaid provider pursuant to section 167.606 or receives a 2 grant under section 167.603, the department of social 3 services shall assure that the grants or funds are used to 4 provide the most accessible care to school age children. No 5 resident child shall be denied or discriminated against in 6 SB 902 64 school children health services or Medicaid services offered 7 by a school district or a local health department under 8 sections 167.600 to 167.621 on the grounds that the child 9 regularly attends or does not attend a public, private, 10 parochial, parish [or], home school, or FLEX school, as 11 defined in section 167.031. 12 167.790. 1. As used in this section, the following 1 terms mean: 2 (1) "Fine arts activities", any student activities 3 that include dance, theater, vocal music, performance of 4 music, or visual arts; 5 (2) "FLEX school", as such term is defined in section 6 167.031; 7 (3) "Full-time equivalent student", as such term is 8 defined in section 161.670; 9 (4) "Integrated cocurricular activities", activities 10 that are outside of the regular school curriculum, but 11 complement and supplement such curriculum. 12 2. Except as otherwise provided in this section, a 13 school district shall not be a member of, or remit any funds 14 to, any statewide activities association that: 15 (1) Prohibits a student who is receiving instruction 16 at a FLEX school or at a virtual school as a full-time 17 equivalent student from having the opportunity to 18 participate in any event or activity offered by the school 19 district or an attendance center of the school district in 20 which the student resides and where the statewide activities 21 association exercises authority, rules, or guidelines for 22 participating in such events or activities for any reason 23 relating to such student's FLEX or virtual instruction; or 24 (2) Requires a student who is receiving instruction at 25 a FLEX school or at a virtual school as a full-time 26 SB 902 65 equivalent student to attend any class or to attend a public 27 school for any portion of a school day in order to 28 participate in any event or activity offered by the school 29 district or an attendance center of the school district in 30 which the student resides and where the statewide activities 31 association exercises authority, rules, or guidelines for 32 participating in such events or activities. 33 3. Except as otherwise provided in this section, a 34 school district shall not: 35 (1) Prohibit a student who is receiving instruction at 36 a FLEX school or at a virtual school as a full-time 37 equivalent student from having the opportunity to 38 participate in any event or activity offered by the school 39 district or an attendance center of the school district in 40 which the student resides for any reason relating to such 41 student's FLEX or virtual instruction; or 42 (2) Require a student who is receiving instruction at 43 a FLEX school or at a virtual school as a full-time 44 equivalent student to attend any class or to attend a public 45 school for any portion of a school day in order to 46 participate in any event or activity offered by the school 47 district or an attendance center of the school district in 48 which the student resides. 49 4. The provisions of subsections 2 and 3 of this 50 section shall not be construed to prohibit a school district 51 from establishing an attendance policy for rehearsals, 52 practice sessions, or training sessions pursuant to 53 subsection 7 of this section. 54 5. The provisions of subsections 2 and 3 of this 55 section shall not be construed to prohibit a school district 56 from requiring students to participate in any components of 57 instruction required for participation in fine arts 58 SB 902 66 activities, career and technical student organizations where 59 applied learning and engagement are integral components of 60 instruction for an approved career and technical education 61 program in Missouri, or integrated cocurricular activities 62 requiring students to participate in appropriate coursework 63 and preparation of their related activities. 64 6. A statewide activities association shall not 65 prohibit or restrict any school district that is a member of 66 such association from participating in any events 67 sanctioned, authorized, or regulated by such association 68 with any school that is not a member of the association. 69 7. (1) A school district may establish an attendance 70 policy for any rehearsals, practice sessions, or training 71 sessions that are directly related to and required for 72 participation in an event or activity offered by the school 73 district or an attendance center of the school district. 74 (2) Any school disciplinary policy or school 75 attendance policy shall be applied in the same manner to all 76 students who participate in the event or activity to which 77 the policy applies. A school district shall not establish a 78 separate disciplinary policy or attendance policy, or any 79 provision thereof, for students who receive instruction at a 80 FLEX school or at a virtual school as a full-time equivalent 81 student. 82 8. If a student whose academic performance or 83 disciplinary status would preclude such student from 84 eligibility to participate in extracurricular events or 85 activities in his resident school district disenrolls from 86 such school district in order to receive instruction at a 87 FLEX school or at a virtual school as a full-time equivalent 88 student, such student shall not be eligible to participate 89 in public school events or activities in the district of 90 SB 902 67 such student's disenrollment for twelve calendar months from 91 the date of disenrollment. 92 9. The parent or legal guardian providing primary 93 instruction of a student who is receiving instruction at a 94 FLEX school is responsible for oversight of academic 95 standards relating to the student's participation in an 96 event or activity offered by a school district or attendance 97 center of a school district. 98 10. Any records created by a school district or 99 attendance center pursuant to the provisions of this section 100 shall not be disclosed by such district or attendance center 101 for any purpose. 102 11. A student who is receiving instruction at a FLEX 103 school or at a virtual school as a full-time equivalent 104 student shall satisfy the following requirements in order to 105 be eligible to participate in public school events or 106 activities in the student's district of residence pursuant 107 to the provisions of this section: 108 (1) Proof of the student's residency in the school 109 district or within the boundaries of the applicable 110 attendance center where the student seeks to participate in 111 public school events or activities shall be provided to such 112 district pursuant to the provisions of section 167.020; 113 (2) The student shall provide a physical to 114 participate in sports, including details on any underlying 115 conditions relevant to such participation; 116 (3) The student shall adhere to the same behavior, 117 responsibility, performance, and code of conduct standards 118 as those enrolled in the public school district; and 119 (4) The student shall fulfill the same nonacademic 120 standards and financial requirements as those required of 121 students enrolled in the public school district. 122 SB 902 68 170.355. 1. As used in this section, the following 1 terms mean: 2 (1) "Parent", a student's parent, guardian, or other 3 person having control or custody of the student; 4 (2) "School", a public school or school district as 5 such terms are defined in section 160.011. 6 2. No school or school employee shall compel a teacher 7 or student to discuss public policy issues of the day 8 without such teacher's or student's consent. 9 3. No school or school employee shall compel a teacher 10 or student to adopt, affirm, adhere to, or profess ideas in 11 violation of Title IV or Title VI of the federal Civil 12 Rights Act of 1964, as amended, including, but not limited 13 to, the following: 14 (1) That individuals of any race, ethnicity, color, or 15 national origin are inherently superior or inferior; 16 (2) That individuals should be adversely or 17 advantageously treated on the basis of individual race, 18 ethnicity, color, or national origin; or 19 (3) That individuals, by virtue of their race, 20 ethnicity, color, or national origin, bear collective guilt 21 and are inherently responsible for actions committed in the 22 past by other members of the same race, ethnicity, color, or 23 national origin. 24 4. No course of instruction or unit of study offered 25 by any school shall direct or otherwise compel students to 26 personally affirm, adopt, or adhere to any of the ideas 27 listed in subsection 3 of this section. 28 5. No course of instruction, unit of study, 29 professional development, or training program shall direct 30 or otherwise compel teachers to personally affirm, adopt, or 31 SB 902 69 adhere to any of the ideas listed in subsection 3 of this 32 section. 33 6. (1) No school employee, when acting in the course 34 of such employee's official duties, shall organize, 35 participate in, or carry out any act or communication that 36 would violate subsection 3 of this section. 37 (2) This subsection shall not be construed to prohibit 38 a school employee from discussing the ideas and history of 39 the ideas listed in subsection 3 of this section. 40 7. This section shall not be construed to prohibit 41 teachers or students from discussing public policy issues or 42 ideas that individuals may find unwelcome, disagreeable, or 43 offensive. 44 8. No school shall require nondisclosure agreements or 45 similar forms for parental review of curricula. Schools 46 shall allow parents to make copies of curriculum documents. 47 9. (1) Students, parents, or teachers may file a 48 complaint with the department of elementary and secondary 49 education regarding any violation of this section. 50 (2) In addition to any relief sought through the 51 appropriate Office for Civil Rights of the U.S. Department 52 of Education, an individual may, in the alternative, bring a 53 private right of action against any school or school 54 employee violating this section. 55 210.167. If an investigation conducted by the 1 children's division under section 210.145 reveals that the 2 only basis for action involves a question of an alleged 3 violation of section 167.031, then the local office of the 4 division shall send the report to the school district in 5 which the child resides. The school district shall 6 immediately refer all matters involving the child's 7 attendance at a private, parochial, parish [or], home school 8 SB 902 70 [matters], or FLEX school, as defined in section 167.031, to 9 the prosecuting attorney of the county wherein the child 10 legally resides. The school district may refer public 11 school violations of section 167.031 to the prosecuting 12 attorney. 13 210.211. 1. It shall be unlawful for any person to 1 establish, maintain or operate a child-care facility for 2 children, or to advertise or hold himself or herself out as 3 being able to perform any of the services as defined in 4 section 210.201, without having in effect a written license 5 granted by the department of elementary and secondary 6 education; except that nothing in sections 210.203 to 7 210.245 shall apply to: 8 (1) Any person who is caring for six or fewer 9 children, including a maximum of three children under the 10 age of two, at the same physical address. For purposes of 11 this subdivision, children who live in the caregiver's home 12 and who are eligible for enrollment in a public 13 kindergarten, elementary, or high school shall not be 14 considered in the total number of children being cared for; 15 (2) Any person who receives free of charge, and not as 16 a business, for periods not exceeding ninety consecutive 17 days, as bona fide, occasional and personal guests the child 18 or children of personal friends of such person, and who 19 receives custody of no other unrelated child or children; 20 (3) Any graded boarding school that is conducted in 21 good faith primarily to provide education; 22 (4) Any summer or day camp that is conducted in good 23 faith primarily to provide recreation; 24 (5) Any hospital, sanitarium, or home that is 25 conducted in good faith primarily to provide medical 26 treatment or nursing or convalescent care for children; 27 SB 902 71 (6) Any residential facility or day program licensed 28 by the department of mental health under sections 630.705 to 29 630.760 that provides care, treatment, and habilitation 30 exclusively to children who have a primary diagnosis of 31 mental disorder, mental illness, intellectual disability, or 32 developmental disability, as those terms are defined in 33 section 630.005; 34 (7) Any school system as defined in section 210.201; 35 (8) Any Montessori school as defined in section 36 210.201; 37 (9) Any business that operates a child care program 38 for the convenience of its customers or its employees if the 39 following conditions are met: 40 (a) The business provides child care for customers' or 41 employees' children for no more than four hours per day; and 42 (b) Customers or employees remain on site while their 43 children are being cared for by the business establishment; 44 (10) Any home school or FLEX school, as defined in 45 section 167.031; 46 (11) Any religious organization academic preschool or 47 kindergarten for four- and five-year-old children; 48 (12) Any weekly Sunday or Sabbath school, a vacation 49 bible school, or child care made available while the parents 50 or guardians are attending worship services or other 51 meetings and activities conducted or sponsored by a 52 religious organization; 53 (13) Any neighborhood youth development program under 54 section 210.278; 55 (14) Any religious organization elementary or 56 secondary school; 57 (15) Any private organization elementary or secondary 58 school system providing child care to children younger than 59 SB 902 72 school age. If a facility or program is exempt from 60 licensure based upon this exception, such facility or 61 program shall submit documentation annually to the 62 department to verify its licensure-exempt status; 63 (16) Any nursery school as defined in section 210.201; 64 and 65 (17) Any child care facility maintained or operated 66 under the exclusive control of a religious organization. If 67 a nonreligious organization having as its principal purpose 68 the provision of child care services enters into an 69 arrangement with a religious organization for the 70 maintenance or operation of a child care facility, the 71 facility is not under the exclusive control of the religious 72 organization. 73 2. Notwithstanding the provisions of subsection 1 of 74 this section, no child-care facility shall be exempt from 75 licensure if such facility receives any state or federal 76 funds for providing care for children, except for federal 77 funds for those programs which meet the requirements for 78 participation in the Child and Adult Care Food Program 79 pursuant to 42 U.S.C. Section 1766. Grants to parents for 80 child care pursuant to sections 210.201 to 210.257 shall not 81 be construed to be funds received by a person or facility 82 listed in subdivisions (1) and (17) of subsection 1 of this 83 section. 84 3. Every child care facility shall disclose the 85 licensure status of the facility to the parents or guardians 86 of children for which the facility provides care. No child 87 care facility exempt from licensure shall represent to any 88 parent or guardian of children for which the facility 89 provides care that the facility is licensed when such 90 facility is in fact not licensed. A parent or guardian 91 SB 902 73 utilizing an unlicensed child care facility shall sign a 92 written notice indicating he or she is aware of the 93 unlicensed status of the facility. The facility shall keep 94 a copy of this signed written notice on file. All child 95 care facilities shall provide the parent or guardian 96 enrolling a child in the facility with a written explanation 97 of the disciplinary philosophy and policies of the child 98 care facility. 99 4. Up to two children who are five years of age or 100 older and who are related within the third degree of 101 consanguinity or affinity to, adopted by, or under court 102 appointed guardianship or legal custody of a child care 103 provider who is responsible for the daily operation of a 104 licensed family child care home that is organized as a 105 corporation, association, firm, partnership, limited 106 liability company, sole proprietorship, or any other type of 107 business entity in this state shall not be included in the 108 number of children counted toward the maximum number of 109 children for which the family child care home is licensed 110 under section 210.221. If more than one member of the 111 corporation, association, firm, partnership, limited 112 liability company, or other business entity is responsible 113 for the daily operation of the licensed family child care 114 home, then the related children of only one such member 115 shall be excluded. A family child care home caring for 116 children not counted in the maximum number of children, as 117 permitted under this subsection, shall disclose this to 118 parents or guardians on the written notice required under 119 subsection 3 of this section. If a family child care home 120 begins caring for children not counted in the maximum number 121 of children after a parent or guardian has signed the 122 written notice required under subsection 3 of this section, 123 SB 902 74 the family child care home shall provide a separate notice 124 to the parent or guardian that the family child care home is 125 caring for children not counted in the maximum number of 126 children for which the family child care home is licensed 127 and shall keep a copy of the signed notice on file. 128 5. Nothing in this section shall prevent the 129 department from enforcing licensing regulations promulgated 130 under this chapter, including, but not limited to, 131 supervision requirements and capacity limitations based on 132 the amount of child care space available. 133 211.031. 1. Except as otherwise provided in this 1 chapter, the juvenile court or the family court in circuits 2 that have a family court as provided in chapter 487 shall 3 have exclusive original jurisdiction in proceedings: 4 (1) Involving any child who may be a resident of or 5 found within the county and who is alleged to be in need of 6 care and treatment because: 7 (a) The parents, or other persons legally responsible 8 for the care and support of the child, neglect or refuse to 9 provide proper support, education which is required by law, 10 medical, surgical or other care necessary for his or her 11 well-being; except that reliance by a parent, guardian or 12 custodian upon remedial treatment other than medical or 13 surgical treatment for a child shall not be construed as 14 neglect when the treatment is recognized or permitted 15 pursuant to the laws of this state; 16 (b) The child is otherwise without proper care, 17 custody or support; 18 (c) The child was living in a room, building or other 19 structure at the time such dwelling was found by a court of 20 competent jurisdiction to be a public nuisance pursuant to 21 section 195.130; or 22 SB 902 75 (d) The child is in need of mental health services and 23 the parent, guardian or custodian is unable to afford or 24 access appropriate mental health treatment or care for the 25 child; 26 (2) Involving any child who may be a resident of or 27 found within the county and who is alleged to be in need of 28 care and treatment because: 29 (a) The child while subject to compulsory school 30 attendance is repeatedly and without justification absent 31 from school; 32 (b) The child disobeys the reasonable and lawful 33 directions of his or her parents or other custodian and is 34 beyond their control; 35 (c) The child is habitually absent from his or her 36 home without sufficient cause, permission, or justification; 37 (d) The behavior or associations of the child are 38 otherwise injurious to his or her welfare or to the welfare 39 of others; or 40 (e) The child is charged with an offense not 41 classified as criminal, or with an offense applicable only 42 to children; except that, the juvenile court shall not have 43 jurisdiction over any child fifteen years of age who is 44 alleged to have violated a state or municipal traffic 45 ordinance or regulation, the violation of which does not 46 constitute a felony, or any child who is alleged to have 47 violated a state or municipal ordinance or regulation 48 prohibiting possession or use of any tobacco product; 49 (3) Involving any child who is alleged to have 50 violated a state law or municipal ordinance, or any person 51 who is alleged to have violated a state law or municipal 52 ordinance prior to attaining the age of eighteen years, in 53 which cases jurisdiction may be taken by the court of the 54 SB 902 76 circuit in which the child or person resides or may be found 55 or in which the violation is alleged to have occurred; 56 except that, the juvenile court shall not have jurisdiction 57 over any child fifteen years of age who is alleged to have 58 violated a state or municipal traffic ordinance or 59 regulation, the violation of which does not constitute a 60 felony, and except that the juvenile court shall have 61 concurrent jurisdiction with the municipal court over any 62 child who is alleged to have violated a municipal curfew 63 ordinance, and except that the juvenile court shall have 64 concurrent jurisdiction with the circuit court on any child 65 who is alleged to have violated a state or municipal 66 ordinance or regulation prohibiting possession or use of any 67 tobacco product; 68 (4) For the adoption of a person; 69 (5) For the commitment of a child to the guardianship 70 of the department of social services as provided by law; 71 (6) Involving an order of protection pursuant to 72 chapter 455 when the respondent is less than eighteen years 73 of age; and 74 (7) Involving a child who has been a victim of sex 75 trafficking or sexual exploitation. 76 2. Transfer of a matter, proceeding, jurisdiction or 77 supervision for a child who resides in a county of this 78 state shall be made as follows: 79 (1) Prior to the filing of a petition and upon request 80 of any party or at the discretion of the juvenile officer, 81 the matter in the interest of a child may be transferred by 82 the juvenile officer, with the prior consent of the juvenile 83 officer of the receiving court, to the county of the child's 84 residence or the residence of the person eighteen years of 85 age for future action; 86 SB 902 77 (2) Upon the motion of any party or on its own motion 87 prior to final disposition on the pending matter, the court 88 in which a proceeding is commenced may transfer the 89 proceeding of a child to the court located in the county of 90 the child's residence, or the county in which the offense 91 pursuant to subdivision (3) of subsection 1 of this section 92 is alleged to have occurred for further action; 93 (3) Upon motion of any party or on its own motion, the 94 court in which jurisdiction has been taken pursuant to 95 subsection 1 of this section may at any time thereafter 96 transfer jurisdiction of a child to the court located in the 97 county of the child's residence for further action with the 98 prior consent of the receiving court; 99 (4) Upon motion of any party or upon its own motion at 100 any time following a judgment of disposition or treatment 101 pursuant to section 211.181, the court having jurisdiction 102 of the cause may place the child under the supervision of 103 another juvenile court within or without the state pursuant 104 to section 210.570 with the consent of the receiving court; 105 (5) Upon motion of any child or his or her parent, the 106 court having jurisdiction shall grant one change of judge 107 pursuant to Missouri supreme court rules; 108 (6) Upon the transfer of any matter, proceeding, 109 jurisdiction or supervision of a child, certified copies of 110 all legal and social documents and records pertaining to the 111 case on file with the clerk of the transferring juvenile 112 court shall accompany the transfer. 113 3. In any proceeding involving any child taken into 114 custody in a county other than the county of the child's 115 residence, the juvenile court of the county of the child's 116 residence shall be notified of such taking into custody 117 within seventy-two hours. 118 SB 902 78 4. When an investigation by a juvenile officer 119 pursuant to this section reveals that the only basis for 120 action involves an alleged violation of section 167.031 121 involving a child who alleges to be [home schooled] 122 receiving instruction at a home school or a FLEX school, as 123 those terms are defined in section 167.031, the juvenile 124 officer shall contact a parent or parents of such child to 125 verify that the child is [being home schooled] receiving 126 instruction at such school and not in violation of section 127 167.031 before making a report of such a violation. Any 128 report of a violation of section 167.031 made by a juvenile 129 officer regarding a child who is [being home schooled] 130 receiving instruction at a home school or FLEX school shall 131 be made to the prosecuting attorney of the county where the 132 child legally resides. 133 5. The disability or disease of a parent shall not 134 constitute a basis for a determination that a child is a 135 child in need of care or for the removal of custody of a 136 child from the parent without a specific showing that there 137 is a causal relation between the disability or disease and 138 harm to the child. 139 452.375. 1. As used in this chapter, unless the 1 context clearly indicates otherwise: 2 (1) "Custody" means joint legal custody, sole legal 3 custody, joint physical custody or sole physical custody or 4 any combination thereof; 5 (2) "Joint legal custody" means that the parents share 6 the decision-making rights, responsibilities, and authority 7 relating to the health, education and welfare of the child, 8 and, unless allocated, apportioned, or decreed, the parents 9 shall confer with one another in the exercise of decision- 10 making rights, responsibilities, and authority; 11 SB 902 79 (3) "Joint physical custody" means an order awarding 12 each of the parents significant, but not necessarily equal, 13 periods of time during which a child resides with or is 14 under the care and supervision of each of the parents. 15 Joint physical custody shall be shared by the parents in 16 such a way as to assure the child of frequent, continuing 17 and meaningful contact with both parents; 18 (4) "Third-party custody" means a third party 19 designated as a legal and physical custodian pursuant to 20 subdivision (5) of subsection 5 of this section. 21 2. The court shall determine custody in accordance 22 with the best interests of the child. There shall be a 23 rebuttable presumption that an award of equal or 24 approximately equal parenting time to each parent is in the 25 best interests of the child. Such presumption is rebuttable 26 only by a preponderance of the evidence in accordance with 27 all relevant factors, including, but not limited to, the 28 factors contained in subdivisions (1) to (8) of this 29 subsection. The presumption may be rebutted if the court 30 finds that the parents have reached an agreement on all 31 issues related to custody, or if the court finds that a 32 pattern of domestic violence has occurred as set out in 33 subdivision (6) of this subsection. When the parties have 34 not reached an agreement on all issues related to custody, 35 the court shall consider all relevant factors and enter 36 written findings of fact and conclusions of law, including, 37 but not limited to, the following: 38 (1) The wishes of the child's parents as to custody 39 and the proposed parenting plan submitted by both parties; 40 (2) The needs of the child for a frequent, continuing 41 and meaningful relationship with both parents and the 42 SB 902 80 ability and willingness of parents to actively perform their 43 functions as mother and father for the needs of the child; 44 (3) The interaction and interrelationship of the child 45 with parents, siblings, and any other person who may 46 significantly affect the child's best interests; 47 (4) Which parent is more likely to allow the child 48 frequent, continuing and meaningful contact with the other 49 parent; 50 (5) The child's adjustment to the child's home, 51 school, and community. The fact that a parent sends his or 52 her child or children to a home school or FLEX school, as 53 defined in section 167.031, shall not be the sole factor 54 that a court considers in determining custody of such child 55 or children; 56 (6) The mental and physical health of all individuals 57 involved, including any history of abuse of any individuals 58 involved. If the court finds that a pattern of domestic 59 violence as defined in section 455.010 has occurred, and, if 60 the court also finds that awarding custody to the abusive 61 parent is in the best interest of the child, then the court 62 shall enter written findings of fact and conclusions of 63 law. Custody and visitation rights shall be ordered in a 64 manner that best protects the child and any other child or 65 children for whom the parent has custodial or visitation 66 rights, and the parent or other family or household member 67 who is the victim of domestic violence from any further harm; 68 (7) The intention of either parent to relocate the 69 principal residence of the child; and 70 (8) The unobstructed input of a child, free of 71 coercion and manipulation, as to the child's custodial 72 arrangement. 73 SB 902 81 3. (1) In any court proceedings relating to custody 74 of a child, the court shall not award custody or 75 unsupervised visitation of a child to a parent if such 76 parent or any person residing with such parent has been 77 found guilty of, or pled guilty to, any of the following 78 offenses when a child was the victim: 79 (a) A felony violation of section 566.030, 566.031, 80 566.032, 566.060, 566.061, 566.062, 566.064, 566.067, 81 566.068, 566.083, 566.100, 566.101, 566.111, 566.151, 82 566.203, 566.206, 566.209, 566.211, or 566.215; 83 (b) A violation of section 568.020; 84 (c) A violation of subdivision (2) of subsection 1 of 85 section 568.060; 86 (d) A violation of section 568.065; 87 (e) A violation of section 573.200; 88 (f) A violation of section 573.205; or 89 (g) A violation of section 568.175. 90 (2) For all other violations of offenses in chapters 91 566 and 568 not specifically listed in subdivision (1) of 92 this subsection or for a violation of an offense committed 93 in another state when a child is the victim that would be a 94 violation of chapter 566 or 568 if committed in Missouri, 95 the court may exercise its discretion in awarding custody or 96 visitation of a child to a parent if such parent or any 97 person residing with such parent has been found guilty of, 98 or pled guilty to, any such offense. 99 4. The general assembly finds and declares that it is 100 the public policy of this state that frequent, continuing 101 and meaningful contact with both parents after the parents 102 have separated or dissolved their marriage is in the best 103 interest of the child, except for cases where the court 104 specifically finds that such contact is not in the best 105 SB 902 82 interest of the child, and that it is the public policy of 106 this state to encourage parents to participate in decisions 107 affecting the health, education and welfare of their 108 children, and to resolve disputes involving their children 109 amicably through alternative dispute resolution. In order 110 to effectuate these policies, the general assembly 111 encourages the court to enter a temporary parenting plan as 112 early as practicable in a proceeding under this chapter, 113 consistent with the provisions of subsection 2 of this 114 section, and, in so doing, the court shall determine the 115 custody arrangement which will best assure both parents 116 participate in such decisions and have frequent, continuing 117 and meaningful contact with their children so long as it is 118 in the best interests of the child. 119 5. Prior to awarding the appropriate custody 120 arrangement in the best interest of the child, the court 121 shall consider each of the following as follows: 122 (1) Joint physical and joint legal custody to both 123 parents, which shall not be denied solely for the reason 124 that one parent opposes a joint physical and joint legal 125 custody award. The residence of one of the parents shall be 126 designated as the address of the child for mailing and 127 educational purposes; 128 (2) Joint physical custody with one party granted sole 129 legal custody. The residence of one of the parents shall be 130 designated as the address of the child for mailing and 131 educational purposes; 132 (3) Joint legal custody with one party granted sole 133 physical custody; 134 (4) Sole custody to either parent; or 135 (5) Third-party custody or visitation: 136 SB 902 83 (a) When the court finds that each parent is unfit, 137 unsuitable, or unable to be a custodian, or the welfare of 138 the child requires, and it is in the best interests of the 139 child, then custody, temporary custody or visitation may be 140 awarded to a person related by consanguinity or affinity to 141 the child. If no person related to the child by 142 consanguinity or affinity is willing to accept custody, then 143 the court may award custody to any other person or persons 144 deemed by the court to be suitable and able to provide an 145 adequate and stable environment for the child. Before the 146 court awards custody, temporary custody or visitation to a 147 third person under this subdivision, the court shall make 148 that person a party to the action; 149 (b) Under the provisions of this subsection, any 150 person may petition the court to intervene as a party in 151 interest at any time as provided by supreme court rule. 152 6. If the parties have not agreed to a custodial 153 arrangement, or the court determines such arrangement is not 154 in the best interest of the child, the court shall include a 155 written finding in the judgment or order based on the public 156 policy in subsection 4 of this section and each of the 157 factors listed in subdivisions (1) to (8) of subsection 2 of 158 this section detailing the specific relevant factors that 159 made a particular arrangement in the best interest of the 160 child. If a proposed custodial arrangement is rejected by 161 the court, the court shall include a written finding in the 162 judgment or order detailing the specific relevant factors 163 resulting in the rejection of such arrangement. 164 7. Upon a finding by the court that either parent has 165 refused to exchange information with the other parent, which 166 shall include but not be limited to information concerning 167 the health, education and welfare of the child, the court 168 SB 902 84 shall order the parent to comply immediately and to pay the 169 prevailing party a sum equal to the prevailing party's cost 170 associated with obtaining the requested information, which 171 shall include but not be limited to reasonable attorney's 172 fees and court costs. 173 8. As between the parents of a child, no preference 174 may be given to either parent in the awarding of custody 175 because of that parent's age, sex, or financial status, nor 176 because of the age or sex of the child. The court shall not 177 presume that a parent, solely because of his or her sex, is 178 more qualified than the other parent to act as a joint or 179 sole legal or physical custodian for the child. 180 9. Any judgment providing for custody shall include a 181 specific written parenting plan setting forth the terms of 182 such parenting plan arrangements specified in subsection 8 183 of section 452.310. Such plan may be a parenting plan 184 submitted by the parties pursuant to section 452.310 or, in 185 the absence thereof, a plan determined by the court, but in 186 all cases, the custody plan approved and ordered by the 187 court shall be in the court's discretion and shall be in the 188 best interest of the child. 189 10. After August 28, 2016, every court order 190 establishing or modifying custody or visitation shall 191 include the following language: "In the event of 192 noncompliance with this order, the aggrieved party may file 193 a verified motion for contempt. If custody, visitation, or 194 third-party custody is denied or interfered with by a parent 195 or third party without good cause, the aggrieved person may 196 file a family access motion with the court stating the 197 specific facts that constitute a violation of the custody 198 provisions of the judgment of dissolution, legal separation, 199 or judgment of paternity. The circuit clerk will provide 200 SB 902 85 the aggrieved party with an explanation of the procedures 201 for filing a family access motion and a simple form for use 202 in filing the family access motion. A family access motion 203 does not require the assistance of legal counsel to prepare 204 and file.". 205 11. No court shall adopt any local rule, form, or 206 practice requiring a standardized or default parenting plan 207 for interim, temporary, or permanent orders or judgments. 208 Notwithstanding any other provision of law to the contrary, 209 a court may enter an interim order in a proceeding under 210 this chapter, provided that the interim order shall not 211 contain any provisions about child custody or a parenting 212 schedule or plan without first providing the parties with 213 notice and a hearing, unless the parties otherwise agree. 214 12. Unless a parent has been denied custody rights 215 pursuant to this section or visitation rights under section 216 452.400, both parents shall have access to records and 217 information pertaining to a minor child including, but not 218 limited to, medical, dental, and school records. If the 219 parent without custody has been granted restricted or 220 supervised visitation because the court has found that the 221 parent with custody or any child has been the victim of 222 domestic violence, as defined in section 455.010, by the 223 parent without custody, the court may order that the reports 224 and records made available pursuant to this subsection not 225 include the address of the parent with custody or the 226 child. A court shall order that the reports and records 227 made available under this subsection not include the address 228 of the parent with custody if the parent with custody is a 229 participant in the address confidentiality program under 230 section 589.663. Unless a parent has been denied custody 231 rights pursuant to this section or visitation rights under 232 SB 902 86 section 452.400, any judgment of dissolution or other 233 applicable court order shall specifically allow both parents 234 access to such records and reports. 235 13. Except as otherwise precluded by state or federal 236 law, if any individual, professional, public or private 237 institution or organization denies access or fails to 238 provide or disclose any and all records and information, 239 including, but not limited to, past and present dental, 240 medical and school records pertaining to a minor child, to 241 either parent upon the written request of such parent, the 242 court shall, upon its finding that the individual, 243 professional, public or private institution or organization 244 denied such request without good cause, order that party to 245 comply immediately with such request and to pay to the 246 prevailing party all costs incurred, including, but not 247 limited to, attorney's fees and court costs associated with 248 obtaining the requested information. 249 14. An award of joint custody does not preclude an 250 award of child support pursuant to section 452.340 and 251 applicable supreme court rules. The court shall consider 252 the factors contained in section 452.340 and applicable 253 supreme court rules in determining an amount reasonable or 254 necessary for the support of the child. 255 15. If the court finds that domestic violence or abuse 256 as defined in section 455.010 has occurred, the court shall 257 make specific findings of fact to show that the custody or 258 visitation arrangement ordered by the court best protects 259 the child and the parent or other family or household member 260 who is the victim of domestic violence, as defined in 261 section 455.010, and any other children for whom such parent 262 has custodial or visitation rights from any further harm. 263 SB 902 87 [167.042. For the purpose of minimizing 1 unnecessary investigations due to reports of 2 truancy, each parent, guardian, or other person 3 responsible for the child who causes his child 4 to attend regularly a home school may provide to 5 the recorder of deeds of the county where the 6 child legally resides, or to the chief school 7 officer of the public school district where the 8 child legally resides, a signed, written 9 declaration of enrollment stating their intent 10 for the child to attend a home school within 11 thirty days after the establishment of the home 12 school and by September first annually 13 thereafter. The name and age of each child 14 attending the home school, the address and 15 telephone number of the home school, the name of 16 each person teaching in the home school, and the 17 name, address and signature of each person 18 making the declaration of enrollment shall be 19 included in said notice. A declaration of 20 enrollment to provide a home school shall not be 21 cause to investigate violations of section 22 167.031. The recorder of deeds may charge a 23 service cost of not more than one dollar for 24 each notice filed.] 25 [167.071. 1. In school districts having 1 seven or more directors the school board may 2 appoint and remove at pleasure one or more 3 school attendance officers and shall pay them 4 from the public school funds. 5 2. Each attendance officer has the powers 6 of a deputy sheriff in the performance of his 7 duties. He shall investigate the claims of 8 children for exemptions under section 167.031, 9 and report his findings to the person authorized 10 by that section to grant the exemption sought. 11 He shall refer all cases involving an alleged 12 violation of section 167.031 involving a public 13 school to the superintendent of the public 14 school of the district where the child legally 15 resides and all cases involving an alleged 16 violation of section 167.031 involving a 17 private, parochial, parish or home school to the 18 prosecuting attorney of the county wherein the 19 child legally resides. When reasonable doubt 20 exists as to the age of any such child he may 21 require a properly attested birth certificate or 22 an affidavit stating the child's age, date of 23 birth, physical characteristics and bearing the 24 signature of the child. He may visit and enter 25 any mine, office, factory, workshop, business 26 house, place of amusement, or other place in 27 which children are employed or engaged in any 28 kind of service, or any place or building in 29 which children loiter or idle during school 30 hours; may require a properly attested 31 SB 902 88 certificate of the attendance of any child at 32 school; may arrest, without warrant, any truant, 33 or nonattendants or other juvenile disorderly 34 persons, and place them in some school or take 35 them to their homes, or take them to any place 36 of detention provided for neglected children in 37 the county or school district. He shall serve 38 in the cases which he prosecutes without 39 additional fee or compensation. Each attendance 40 officer appointed by a school board shall carry 41 into effect the regulations lawfully prescribed 42 by the board by which he was appointed. 43 3. In any urban school district, any 44 metropolitan school district and in school 45 districts having seven or more directors and 46 which are located in a first class county having 47 a charter form of government, any duly 48 commissioned city or county police officer shall 49 be ex officio school attendance officers. Any 50 police officer exercising duties of ex officio 51 school attendance officer need not refer any 52 child apprehended pursuant to the provisions of 53 this section to juvenile court or a juvenile 54 officer, but nothing in this subsection shall be 55 construed to limit the police officer's regular 56 powers and duties as a peace officer.] 57 