Read the full stored bill text
SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NOS. 2278 & 2403
103RD GENERAL ASSEMBL Y
5786H.06C JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 167, RSMo, by adding thereto one new section relating to statewide
activities associations.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 167, RSMo, is amended by adding thereto one new section, to be
2 known as section 167.795, to read as follows:
167.795 . 1. For purposes of this section, the following terms mean:
2 (1) "Activities association", any nonpr ofit statewide organization that satisfies
3 the following criteria:
4 (a) The organization facilitates interscholastic activities for secondary school
5 students, including, but not limited to, interscholastic athletic activities;
6 (b) Mor e than fifty per cent of the activities facilitated by the organization are
7 interscholastic athletic activities; and
8 (c) The organization's members include at least one public school or school
9 district that pays any fees to such association, including, but not limited to, activity
10 participation fees, tournament regist ration fees, membership fees, or any other fees or
11 payments r elating to membership in the organization or participation in any activities
12 facilitated by the organization;
13 (d) The term "activities association" does not include organizations that do not
14 facilitate interscholastic athletic activities. Such organizations may include, but are not
15 limited to, career and technical student organizations, academic honor societies, service
16 organizations, leadership organizations, or other student clubs or organizations that do
17 not facilitate interscholastic athletic activities;
18 (2) "Department", the department of elementary and secondary education;
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
19 (3) "Public school", as defined in section 160.01 1. The term shall be construed to
20 include a charter school.
21 2. Notwithstanding any prov ision of law to the contrary , beginning in the 2027-
22 28 school year and continuing in all subsequent school years, appeals of decisions made
23 by an activities association may be heard by the "Interscholastic Athletic Activities
24 Appeals Board", which is here by creat ed and consists of a appeals board appointed by
25 the governor , by and with the advice and consent of the senate. The appeals board shall
26 consist of five members. The term of office of each member shall be four years, except
27 that of the initial appointed members, two members shall serve terms of two years and
28 thr ee members shall serve terms of four years. At the expiration of the term of each
29 member , the governor , by and with the advice and consent of the senate, shall appoint a
30 successor . If the general assembly is not in session at the time for making an
31 appointment, the governor shall make a temporary appointment as in the case of a
32 vacancy .
33 3. The appeals board shall hear appeals after the activities association's appeals
34 pr ocess has been exhausted. If a decision on an appeal before the activities association is
35 needed within forty-eight hours, such appeal may be made dir ectly to the appeals board.
36 In addition to hearing appeals in-person, the appeals board may hear an appeal
37 telephonically , thr ough the use of video confer encing technology , or thr ough any other
38 generally accepted means of rem ote communication. The appeals board shall hear only
39 the following appeals:
40 (1) Appeals re lating to transfers of students deemed to be for athletic purposes;
41 (2) Appeals relat ing to contests and contest pr ocedur es; and
42 (3) Appeals r elating to prior decisions made by an activities association that
43 r esulted in the student's disqualification or pro hibition fr om participating in any
44 athletic activities.
45 4. Any decision made by the appeals board shall be final and the activities
46 association shall abide by that decision.
47 5. The appeals board may make rec ommendations to an activities association for
48 rule changes to be voted on by the member schools of such association.
49 6. An activities association shall prep are an annual repor t and pre sent to a house
50 committee to be chosen by the speaker of the house of r epresent atives within the first
51 thirty days of the legislative session and a senate committee to be chosen by the
52 pr esident pr o tempor e of the senate within the first thirty days of the legislative session.
53 7. The appeals board is established within the department of elementary and
54 secondary education for the purposes of hearing the appeals. The department shall
55 pr ovide sufficient administrative and financial personnel to support the work of the
HCS HBs 2278 & 2403 2
56 appeals board, and shall pr omulgate rules concerning the timelines of each phase of the
57 appeals proce ss.
58 8. If the appeals board is named as a defendant in any court action arising fr om
59 or r elating to a decision of the appeals board, the attorney general shall rep res ent the
60 appeals board and the state shall be re sponsible for all attorney's fees, costs, and
61 damages incurr ed.
62 9. The department shall pro mulgate rules as necessary to implement a fair and
63 timely appeals pro cess, including timelines for each stage of an appeal to be heard by the
64 appeals board. Any rule or portion of a rule, as that term is defined in section 536.010,
65 that is cre ated under the authority delegated in this section shall become effective only if
66 it complies with and is subject to all of the pro visions of chapter 536 and, if applicable,
67 section 536.028. This section and chapter 536 are nonseverable and if any of the powers
68 vested with the general assembly pursuant to chapter 536 to revi ew , to delay the
69 effective date, or to disappr ove and annul a rule are subsequently held unconstitutional,
70 then the grant of rulemaking authority and any rule pro posed or adopted after August
71 28, 2026, shall be invalid and void.
✔
HCS HBs 2278 & 2403 3